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| PRIOR PRINTER'S NO. 950 | PRINTER'S NO. 1614 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, SOLOBAY, FONTANA, STACK, COSTA, YUDICHAK, FARNESE, BLAKE AND BREWSTER, MARCH 30, 2011 |
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| SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, SEPTEMBER 28, 2011 |
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| AN ACT |
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1 | Providing standards for carbon monoxide alarms; and imposing |
2 | 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 | "Approved carbon monoxide alarm." Includes: |
13 | (1) A single station carbon monoxide alarm listed as |
14 | complying with ANSI/UL2034 installed in accordance with this |
15 | act. |
16 | (2) A device that may be combined with a smoke alarm if |
17 | the combined alarm complies with ANSI/UL2034 for carbon |
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1 | monoxide alarms and ANSI/UL217 for smoke alarms and emits an |
2 | alarm in a manner that clearly differentiates between |
3 | detecting the presence of carbon monoxide and the presence of |
4 | smoke. |
5 | "Fossil fuel." Coal, kerosene, oil, wood, fuel gases and |
6 | other petroleum or hydrocarbon products which emit carbon |
7 | monoxide as a by-product of combustion. |
8 | "Installed." A carbon monoxide alarm that is hardwired into |
9 | the electrical wiring, directly plugged into an electrical |
10 | outlet without a switch, other than a circuit breaker, or, if |
11 | the alarm is battery-powered, attached to the wall or ceiling of |
12 | a residential building in accordance with National Fire |
13 | Protection Association (NFPA) 720. |
14 | "Multifamily dwelling." Any building or structure consisting |
15 | of two or more dwelling units where the occupants are primarily |
16 | permanent in nature and which is wholly or partly used or |
17 | intended to be used for living or sleeping. The term excludes |
18 | the following: |
19 | (1) Dormitories. |
20 | (2) Monasteries. |
21 | (3) Dwellings defined as "residential buildings" in this |
22 | act. |
23 | "Operational." Working and in service. |
24 | "Residential building." Detached one-family and two-family |
25 | dwellings and multiple single-family dwellings which are not |
26 | more than three stories in height with a separate means of |
27 | egress, which includes accessory structures. |
28 | Section 3. Administration. |
29 | Nothing in this act is intended to modify the authority and |
30 | responsibilities of the Department of Labor and Industry under |
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1 | the act of November 10, 1999 (P.L.491, No.45), known as the |
2 | Pennsylvania Construction Code Act. |
3 | Section 4. Carbon monoxide alarm requirements. |
4 | (a) Existing residential building.--Each existing |
5 | residential building having a fossil fuel-burning heater or |
6 | appliance, fireplace or an attached garage sold after the |
7 | effective date of this act shall have a an operational and | <-- |
8 | centrally located carbon monoxide detector installed in |
9 | accordance with the provisions of the act of November 10, 1999 | <-- |
10 | (P.L.491, No.45), known as the Pennsylvania Construction Code |
11 | Act the vicinity of the bedrooms and the fossil fuel-burning | <-- |
12 | heater or fireplace. Upon sale of a residential building the |
13 | seller shall or buyer shall negotiate to ensure that the | <-- |
14 | building is in compliance with the provisions of this section. |
15 | The seller shall disclose information regarding the installation |
16 | of carbon monoxide detectors on the property disclosure |
17 | statement required by 68 Pa.C.S. Ch. 73 (relating to seller |
18 | disclosures). |
19 | (b) Existing multifamily dwellings.--Each multifamily |
20 | dwelling having a fossil fuel-burning heater or appliance, |
21 | fireplace or an attached garage must have an operational and, | <-- |
22 | centrally located and approved carbon monoxide alarm installed | <-- |
23 | outside of each separate sleeping area in the immediate in the | <-- |
24 | vicinity of the bedrooms and the fossil fuel-burning heater or | <-- |
25 | fireplace within one year of the effective date of this section. |
26 | Section 5. Carbon monoxide alarm requirements in rental |
27 | properties. |
28 | (a) Owner responsibilities.--The owner of a residential |
29 | building or multifamily dwelling having a fossil fuel-burning |
30 | heater or appliance, fireplace or an attached garage used for |
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1 | rental purposes and required to be equipped with one or more |
2 | carbon monoxide alarms shall: |
3 | (1) Provide and install an operational and, centrally | <-- |
4 | located and approved carbon monoxide alarm outside of each | <-- |
5 | sleeping area in the immediate in the vicinity of the | <-- |
6 | bedrooms and the fossil fuel-burning heater or fireplace. | <-- |
7 | (2) Replace any required carbon monoxide alarm that has |
8 | been stolen, removed, found missing or rendered inoperable |
9 | during a prior occupancy of the rental property and which has |
10 | not been replaced by the prior occupant before the |
11 | commencement of a new occupancy of the rental property. |
12 | (3) Ensure that the batteries are in operating condition |
13 | at the time the new occupant takes residence in the rental |
14 | property. |
15 | (b) Maintenance, repair or replacement.--Except as provided |
16 | in subsection (a), the owner of a residential building used for |
17 | rental purposes is not responsible for the maintenance, repair |
18 | or replacement of a carbon monoxide alarm or the care and |
19 | replacement of batteries while the building is occupied. |
20 | Responsibility for maintenance and repair of carbon monoxide |
21 | alarms shall revert to the owner of the building upon vacancy of |
22 | the rental property. |
23 | (c) Occupant responsibilities.--The occupant of each |
24 | residential building and multifamily dwelling used for rental |
25 | purposes in which an operational and approved carbon monoxide |
26 | alarm has been provided must: |
27 | (1) Keep and maintain the device in good repair. |
28 | (2) Test the device. |
29 | (3) Replace batteries as needed. |
30 | (4) Replace any device that is stolen, removed, missing |
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1 | or rendered inoperable during the occupancy of the building. |
2 | (5) Notify the owner or the authorized agent of the |
3 | owner in writing of any deficiencies pertaining to the carbon |
4 | monoxide alarm. |
5 | Section 6. Enforcement. |
6 | (a) Failure to install or maintain.--Willful failure to |
7 | install or maintain in operating condition any carbon monoxide |
8 | alarm required by this act is a summary offense punishable by a |
9 | fine of $50. |
10 | (b) Tampering or removal.--Tampering with, removing, |
11 | destroying, disconnecting or removing the batteries from any |
12 | installed carbon monoxide alarm, except in the course of |
13 | inspection, maintenance or replacement of the alarm, is a |
14 | summary offense punishable by a fine of $500 in the case of a |
15 | first conviction and a misdemeanor of the third degree |
16 | punishable by a fine of $3,000 in the case of a second or |
17 | subsequent conviction. |
18 | Section 7. Municipal administration and enforcement | <-- |
19 | requirements. | <-- |
20 | (a) General rule.--A municipality may, by resolution, | <-- |
21 | administer and enforce the provisions of this act. |
22 | (b) Construction.--Nothing in this act shall be construed to |
23 | prevent a municipality from adopting, by resolution, equal or |
24 | more stringent requirements relating to carbon monoxide alarms. |
25 | Section 20. Effective date. |
26 | This act shall take effect January 1, 2012. |
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