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| PRIOR PRINTER'S NO. 2791 | PRINTER'S NO. 3428 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FARRY, CARROLL, COHEN, D. COSTA, DALEY, DeLUCA, DiGIROLAMO, DONATUCCI, GIBBONS, HARKINS, HORNAMAN, McGEEHAN, MURT, ROSS, SCAVELLO, VULAKOVICH, WATSON, STEPHENS AND BARBIN, NOVEMBER 28, 2011 |
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| AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 1, 2012 |
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| AN ACT |
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1 | Providing standards for certain carbon monoxide alarms; and | <-- |
2 | imposing penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Carbon |
7 | Monoxide Alarm Standards Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "ANSI/UL217." Approved American National Standard for Single | <-- |
13 | and Multiple Station Smoke Alarms. |
14 | "ANSI/UL286." Approved American National Standard for Safety |
15 | for Automotive Glass-Tube Fuses. |
16 | "ANSI/UL2034." Approved American National Standard for |
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1 | Multiple Station Carbon Monoxide Alarms. |
2 | "ANSI/UL2075." Approved American National Standard for Gas |
3 | and Vapor Detectors and Sensors. |
4 | "Approved carbon monoxide alarm." Includes: |
5 | (1) A single or multiple station carbon monoxide alarm | <-- |
6 | listed as complying with ANSI/UL2034 or a carbon monoxide | <-- |
7 | detector listed as complying with ANSI/UL2075 installed in |
8 | accordance with this act. |
9 | (2) A device that may be combined with a smoke alarm or | <-- |
10 | smoke detector if the combined alarm smoke alarm or detector | <-- |
11 | complies with ANSI/UL2034 for carbon monoxide alarms and |
12 | ANSI/UL217 for smoke alarms and emits or ANSI/UL2075 for | <-- |
13 | carbon monoxide detectors and ANSI/UL268 for smoke detectors. |
14 | Such device must emit an alarm in a manner that clearly |
15 | differentiates between detecting the presence of carbon |
16 | monoxide and the presence of smoke. |
17 | (3) A carbon monoxide detection system that includes | <-- |
18 | carbon monoxide detectors and audible notification appliances |
19 | that are installed and maintained in accordance with NFPA 72 |
20 | and NFPA 720 and are in compliance with ANSI/UL2075. |
21 | "Fossil fuel." Coal, kerosene, oil, wood, fuel gases and |
22 | other petroleum or hydrocarbon products which emit carbon |
23 | monoxide as a by-product of combustion. |
24 | "Installed." A In reference to an approved carbon monoxide | <-- |
25 | alarm that, that it is hardwired into the electrical wiring, | <-- |
26 | directly plugged into an electrical outlet without a switch, |
27 | other than a circuit breaker, or, if the approved carbon | <-- |
28 | monoxide alarm is battery-powered, that it is attached to the | <-- |
29 | wall or ceiling of a residential building in accordance with |
30 | National Fire Protection Association (NFPA) 720. |
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1 | "Multifamily dwelling." Any building or structure consisting |
2 | of two or more dwelling units where the occupants are primarily |
3 | permanent in nature and which is wholly or partly used or |
4 | intended to be used for living or sleeping. The term excludes |
5 | the following: |
6 | (1) Dormitories. |
7 | (2) Monasteries. |
8 | (3) Dwellings defined as "residential buildings" in this |
9 | act. |
10 | "NFPA 72." The National Fire Alarm and Signaling Code. | <-- |
11 | "NFPA 720." Standard for the installation of carbon monoxide |
12 | detection and warning equipment. |
13 | "Operational." Working and in service. |
14 | "Residential building." Detached one-family and two-family |
15 | dwellings and multiple single-family dwellings which are not |
16 | more than three stories in height with a separate means of |
17 | egress, which includes accessory structures. |
18 | Section 3. Administration. |
19 | Nothing in this act is intended to modify the authority and |
20 | responsibilities of the Department of Labor and Industry under |
21 | the act of November 10, 1999 (P.L.491, No.45), known as the |
22 | Pennsylvania Construction Code Act. |
23 | Section 4. Carbon monoxide alarm requirements. |
24 | (a) Existing residential building.--Each existing |
25 | residential building having a fossil fuel-burning heater or |
26 | appliance, fireplace or an attached garage sold after the |
27 | effective date of this act section shall have an operational and | <-- |
28 | centrally located approved carbon monoxide detector alarm | <-- |
29 | installed in the vicinity of the bedrooms and the fossil fuel- |
30 | burning heater or fireplace. Upon sale of a residential building |
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1 | the seller or buyer shall negotiate to ensure that the building |
2 | is in compliance with the provisions of this section. The seller |
3 | shall disclose information regarding the installation of |
4 | approved carbon monoxide detectors alarms on the property | <-- |
5 | disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to |
6 | seller disclosures). |
7 | (b) Existing multifamily dwellings.--Each multifamily |
8 | dwelling having a fossil fuel-burning heater or appliance, |
9 | fireplace or an attached garage must have an operational, |
10 | centrally located and approved carbon monoxide alarm installed |
11 | in the vicinity of the bedrooms and the fossil fuel-burning |
12 | heater or fireplace within one year of the effective date of |
13 | this section. |
14 | Section 5. Carbon monoxide alarm requirements in rental |
15 | properties. |
16 | (a) Owner responsibilities.--The owner of a residential |
17 | building or multifamily dwelling having a fossil fuel-burning |
18 | heater or appliance, fireplace or an attached garage used for |
19 | rental purposes and required to be equipped with one or more |
20 | approved carbon monoxide alarms shall: | <-- |
21 | (1) Provide and install an operational, centrally |
22 | located and approved carbon monoxide alarm in the vicinity of |
23 | the bedrooms and the fossil fuel-burning heater or fireplace. |
24 | (2) Replace any required approved carbon monoxide alarm, | <-- |
25 | as required by this act, that has been stolen, removed, found |
26 | missing or rendered inoperable during a prior occupancy of |
27 | the rental property and which has not been replaced by the |
28 | prior occupant before the commencement of a new occupancy of |
29 | the rental property. |
30 | (3) Ensure that the batteries are in operating condition |
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1 | in each approved carbon monoxide alarm at the time the new | <-- |
2 | occupant takes residence in the rental property. |
3 | (b) Maintenance, repair or replacement.--Except as provided |
4 | in subsection (a), the owner of a residential building used for |
5 | rental purposes is not responsible for the maintenance, repair |
6 | or replacement of a an approved carbon monoxide alarm or the | <-- |
7 | care and replacement of batteries while the building is |
8 | occupied. Responsibility for maintenance and repair of approved | <-- |
9 | carbon monoxide alarms shall revert to the owner of the building |
10 | upon vacancy of the rental property. |
11 | (c) Occupant responsibilities.--The occupant of each |
12 | residential building and multifamily dwelling used for rental |
13 | purposes in which an operational and approved carbon monoxide |
14 | alarm has been provided must shall: | <-- |
15 | (1) Keep and maintain the device approved carbon | <-- |
16 | monoxide alarms in good repair. |
17 | (2) Test the device approved carbon monoxide alarms. | <-- |
18 | (3) Replace batteries in the approved carbon monoxide | <-- |
19 | alarms as needed. |
20 | (4) Replace any device approved carbon monoxide alarm | <-- |
21 | that is stolen, removed, missing or rendered inoperable |
22 | during the occupancy of the building. |
23 | (5) Notify the owner or the authorized agent of the |
24 | owner in writing of any deficiencies pertaining to the |
25 | approved carbon monoxide alarm. | <-- |
26 | Section 6. Enforcement. |
27 | (a) Failure to install or maintain.--Willful failure to |
28 | install or maintain in operating condition any approved carbon | <-- |
29 | monoxide alarm required by this act is a summary offense |
30 | punishable by a fine of $50. |
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1 | (b) Tampering or removal.--Tampering with, removing, |
2 | destroying, disconnecting or removing the batteries from any |
3 | installed approved carbon monoxide alarm installed in a | <-- |
4 | residential building or multifamily dwelling, except in the |
5 | course of inspection, maintenance or replacement of the alarm, |
6 | is a summary offense punishable by a fine of $500 in the case of |
7 | a first conviction and a misdemeanor of the third degree |
8 | punishable by a fine of $3,000 in the case of a second or |
9 | subsequent conviction. |
10 | Section 7. Municipal requirements. |
11 | Nothing in this act shall be construed to prevent a |
12 | municipality from adopting, by resolution, equal or more |
13 | stringent requirements relating to approved carbon monoxide | <-- |
14 | alarms. |
15 | Section 20 8. Effective date. | <-- |
16 | This act shall take effect January 1, 2012 2013. | <-- |
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