PRIOR PRINTER'S NO. 2791

PRINTER'S NO.  3428

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2031

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 1, 2012   

  

  

  

AN ACT

  

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Providing standards for certain carbon monoxide alarms; and

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imposing penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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

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Monoxide Alarm Standards Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"ANSI/UL217."  Approved American National Standard for Single

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and Multiple Station Smoke Alarms.

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"ANSI/UL286."  Approved American National Standard for Safety

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for Automotive Glass-Tube Fuses.

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"ANSI/UL2034."  Approved American National Standard for

 


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Multiple Station Carbon Monoxide Alarms.

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"ANSI/UL2075."  Approved American National Standard for Gas

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and Vapor Detectors and Sensors.

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"Approved carbon monoxide alarm."  Includes:

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(1)  A single or multiple station carbon monoxide alarm

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listed as complying with ANSI/UL2034 or a carbon monoxide

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detector listed as complying with ANSI/UL2075 installed in

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accordance with this act.

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

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smoke detector if the combined alarm smoke alarm or detector 

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complies with ANSI/UL2034 for carbon monoxide alarms and

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ANSI/UL217 for smoke alarms and emits or ANSI/UL2075 for

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carbon monoxide detectors and ANSI/UL268 for smoke detectors.

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Such device must emit an alarm in a manner that clearly

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differentiates between detecting the presence of carbon

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monoxide and the presence of smoke.

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(3)  A carbon monoxide detection system that includes

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carbon monoxide detectors and audible notification appliances

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that are installed and maintained in accordance with NFPA 72

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and NFPA 720 and are in compliance with ANSI/UL2075.

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

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other petroleum or hydrocarbon products which emit carbon

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monoxide as a by-product of combustion.

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"Installed."  A In reference to an approved carbon monoxide

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alarm that, that it is hardwired into the electrical wiring,

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directly plugged into an electrical outlet without a switch,

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other than a circuit breaker, or, if the approved carbon

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monoxide alarm is battery-powered, that it is attached to the

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wall or ceiling of a residential building in accordance with

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National Fire Protection Association (NFPA) 720.

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"Multifamily dwelling."  Any building or structure consisting

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of two or more dwelling units where the occupants are primarily

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permanent in nature and which is wholly or partly used or

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

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the following:

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(1)  Dormitories.

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(2)  Monasteries.

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

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act.

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"NFPA 72."  The National Fire Alarm and Signaling Code.

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"NFPA 720."  Standard for the installation of carbon monoxide

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detection and warning equipment.

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"Operational."  Working and in service.

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

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dwellings and multiple single-family dwellings which are not

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more than three stories in height with a separate means of

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egress, which includes accessory structures.

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Section 3.  Administration.

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Nothing in this act is intended to modify the authority and

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responsibilities of the Department of Labor and Industry under

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

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Pennsylvania Construction Code Act.

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Section 4.  Carbon monoxide alarm requirements.

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(a)  Existing residential building.--Each existing

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residential building having a fossil fuel-burning heater or

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appliance, fireplace or an attached garage sold after the

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effective date of this act section shall have an operational and

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centrally located approved carbon monoxide detector alarm 

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

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burning heater or fireplace. Upon sale of a residential building

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the seller or buyer shall negotiate to ensure that the building

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is in compliance with the provisions of this section. The seller

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shall disclose information regarding the installation of 

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approved carbon monoxide detectors alarms on the property

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disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to

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seller disclosures).

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(b)  Existing multifamily dwellings.--Each multifamily

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dwelling having a fossil fuel-burning heater or appliance,

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fireplace or an attached garage must have an operational,

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centrally located and approved carbon monoxide alarm installed

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

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heater or fireplace within one year of the effective date of

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this section.

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Section 5.  Carbon monoxide alarm requirements in rental

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properties.

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

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building or multifamily dwelling having a fossil fuel-burning

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heater or appliance, fireplace or an attached garage used for

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rental purposes and required to be equipped with one or more 

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approved carbon monoxide alarms shall:

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(1)  Provide and install an operational, centrally

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located and approved carbon monoxide alarm in the vicinity of

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

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(2)  Replace any required approved carbon monoxide alarm, 

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as required by this act, that has been stolen, removed, found

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missing or rendered inoperable during a prior occupancy of

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the rental property and which has not been replaced by the

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prior occupant before the commencement of a new occupancy of

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the rental property.

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(3)  Ensure that the batteries are in operating condition 

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in each approved carbon monoxide alarm at the time the new

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occupant takes residence in the rental property.

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

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

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rental purposes is not responsible for the maintenance, repair

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or replacement of a an approved carbon monoxide alarm or the

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care and replacement of batteries while the building is

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occupied. Responsibility for maintenance and repair of approved 

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carbon monoxide alarms shall revert to the owner of the building

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upon vacancy of the rental property.

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

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residential building and multifamily dwelling used for rental

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purposes in which an operational and approved carbon monoxide

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alarm has been provided must shall:

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(1)  Keep and maintain the device approved carbon

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monoxide alarms in good repair.

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(2)  Test the device approved carbon monoxide alarms.

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(3)  Replace batteries in the approved carbon monoxide

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alarms as needed.

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(4)  Replace any device approved carbon monoxide alarm 

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that is stolen, removed, missing or rendered inoperable

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during the occupancy of the building.

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

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owner in writing of any deficiencies pertaining to the

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approved carbon monoxide alarm.

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Section 6.  Enforcement.

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

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install or maintain in operating condition any approved carbon

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monoxide alarm required by this act is a summary offense

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punishable by a fine of $50.

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

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destroying, disconnecting or removing the batteries from any

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installed approved carbon monoxide alarm installed in a

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residential building or multifamily dwelling, except in the

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course of inspection, maintenance or replacement of the alarm,

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

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a first conviction and a misdemeanor of the third degree

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

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subsequent conviction.

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Section 7.  Municipal requirements.

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Nothing in this act shall be construed to prevent a

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municipality from adopting, by resolution, equal or more

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stringent requirements relating to approved carbon monoxide

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alarms.

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Section 20 8.  Effective date.

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This act shall take effect January 1, 2012 2013.

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