THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FARRY, CARROLL, COHEN, D. COSTA, DALEY, DeLUCA, DiGIROLAMO, DONATUCCI, GIBBONS, HARKINS, HORNAMAN, McGEEHAN, MURT, ROSS, SCAVELLO, VULAKOVICH AND WATSON, NOVEMBER 28, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, NOVEMBER 28, 2011  

AN ACT

Providing standards for carbon monoxide alarms; and imposing

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Carbon

Monoxide Alarm Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Approved carbon monoxide alarm."  Includes:

(1)  A single station carbon monoxide alarm listed as

complying with ANSI/UL2034 installed in accordance with this

act.

(2)  A device that may be combined with a smoke alarm if

the combined alarm complies with ANSI/UL2034 for carbon

monoxide alarms and ANSI/UL217 for smoke alarms and emits an

alarm in a manner that clearly differentiates between

detecting the presence of carbon monoxide and the presence of

smoke.

"Fossil fuel."  Coal, kerosene, oil, wood, fuel gases and

other petroleum or hydrocarbon products which emit carbon

monoxide as a by-product of combustion.

"Installed."  A carbon monoxide alarm that is hardwired into

the electrical wiring, directly plugged into an electrical

outlet without a switch, other than a circuit breaker, or, if

the alarm is battery-powered, attached to the wall or ceiling of

a residential building in accordance with National Fire

Protection Association (NFPA) 720.

"Multifamily dwelling."  Any building or structure consisting

of two or more dwelling units where the occupants are primarily

permanent in nature and which is wholly or partly used or

intended to be used for living or sleeping. The term excludes

the following:

(1)  Dormitories.

(2)  Monasteries.

(3)  Dwellings defined as "residential buildings" in this

act.

"Operational."  Working and in service.

"Residential building."  Detached one-family and two-family

dwellings and multiple single-family dwellings which are not

more than three stories in height with a separate means of

egress, which includes accessory structures.

Section 3.  Administration.

Nothing in this act is intended to modify the authority and

responsibilities of the Department of Labor and Industry under

the act of November 10, 1999 (P.L.491, No.45), known as the

Pennsylvania Construction Code Act.

Section 4.  Carbon monoxide alarm requirements.

(a)  Existing residential building.--Each existing

residential building having a fossil fuel-burning heater or

appliance, fireplace or an attached garage sold after the

effective date of this act shall have an operational and

centrally located carbon monoxide detector installed in the

vicinity of the bedrooms and the fossil fuel-burning heater or

fireplace. Upon sale of a residential building the seller or

buyer shall negotiate to ensure that the building is in

compliance with the provisions of this section. The seller shall

disclose information regarding the installation of carbon

monoxide detectors on the property disclosure statement required

by 68 Pa.C.S. Ch. 73 (relating to seller disclosures).

(b)  Existing multifamily dwellings.--Each multifamily

dwelling having a fossil fuel-burning heater or appliance,

fireplace or an attached garage must have an operational,

centrally located and approved carbon monoxide alarm installed

in the vicinity of the bedrooms and the fossil fuel-burning

heater or fireplace within one year of the effective date of

this section.

Section 5.  Carbon monoxide alarm requirements in rental

properties.

(a)  Owner responsibilities.--The owner of a residential

building or multifamily dwelling having a fossil fuel-burning

heater or appliance, fireplace or an attached garage used for

rental purposes and required to be equipped with one or more

carbon monoxide alarms shall:

(1)  Provide and install an operational, centrally

located and approved carbon monoxide alarm in the vicinity of

the bedrooms and the fossil fuel-burning heater or fireplace.

(2)  Replace any required carbon monoxide alarm that has

been stolen, removed, found missing or rendered inoperable

during a prior occupancy of the rental property and which has

not been replaced by the prior occupant before the

commencement of a new occupancy of the rental property.

(3)  Ensure that the batteries are in operating condition

at the time the new occupant takes residence in the rental

property.

(b)  Maintenance, repair or replacement.--Except as provided

in subsection (a), the owner of a residential building used for

rental purposes is not responsible for the maintenance, repair

or replacement of a carbon monoxide alarm or the care and

replacement of batteries while the building is occupied.

Responsibility for maintenance and repair of carbon monoxide

alarms shall revert to the owner of the building upon vacancy of

the rental property.

(c)  Occupant responsibilities.--The occupant of each

residential building and multifamily dwelling used for rental

purposes in which an operational and approved carbon monoxide

alarm has been provided must:

(1)  Keep and maintain the device in good repair.

(2)  Test the device.

(3)  Replace batteries as needed.

(4)  Replace any device that is stolen, removed, missing

or rendered inoperable during the occupancy of the building.

(5)  Notify the owner or the authorized agent of the

owner in writing of any deficiencies pertaining to the carbon

monoxide alarm.

Section 6.  Enforcement.

(a)  Failure to install or maintain.--Willful failure to

install or maintain in operating condition any carbon monoxide

alarm required by this act is a summary offense punishable by a

fine of $50.

(b)  Tampering or removal.--Tampering with, removing,

destroying, disconnecting or removing the batteries from any

installed carbon monoxide alarm, except in the course of

inspection, maintenance or replacement of the alarm, is a

summary offense punishable by a fine of $500 in the case of a

first conviction and a misdemeanor of the third degree

punishable by a fine of $3,000 in the case of a second or

subsequent conviction.

Section 7.  Municipal requirements.

Nothing in this act shall be construed to prevent a

municipality from adopting, by resolution, equal or more

stringent requirements relating to carbon monoxide alarms.

Section 20.  Effective date.

This act shall take effect January 1, 2012.