PRIOR PRINTER'S NO. 950

PRINTER'S NO.  1614

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

920

Session of

2011

  

  

INTRODUCED BY BROWNE, SOLOBAY, FONTANA, STACK, COSTA, YUDICHAK, FARNESE, BLAKE AND BREWSTER, MARCH 30, 2011

  

  

SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, SEPTEMBER 28, 2011   

  

  

  

AN ACT

  

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Providing standards for carbon monoxide alarms; and imposing

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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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"Approved carbon monoxide alarm."  Includes:

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(1)  A single station carbon monoxide alarm listed as

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complying with ANSI/UL2034 installed in accordance with this

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act.

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

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the combined alarm complies with ANSI/UL2034 for carbon

 


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

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alarm in a manner that clearly differentiates between

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detecting the presence of carbon monoxide and the presence of

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smoke.

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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 carbon monoxide alarm that is hardwired into

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the electrical wiring, directly plugged into an electrical

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

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

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a residential building in accordance with National Fire

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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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"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 shall have a an operational and

<--

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centrally located carbon monoxide detector installed in

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accordance with the provisions of the act of November 10, 1999

<--

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(P.L.491, No.45), known as the Pennsylvania Construction Code

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

<--

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heater or fireplace. Upon sale of a residential building the

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seller shall or buyer shall negotiate to ensure that the

<--

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building is in compliance with the provisions of this section.

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The seller shall disclose information regarding the installation

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of carbon monoxide detectors on the property disclosure

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

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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 and, 

<--

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centrally located and approved carbon monoxide alarm installed

<--

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outside of each separate sleeping area in the immediate in the 

<--

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

<--

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fireplace within one year of the effective date of 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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carbon monoxide alarms shall:

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(1)  Provide and install an operational and, centrally

<--

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located and approved carbon monoxide alarm outside of each

<--

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sleeping area in the immediate in the vicinity of the

<--

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bedrooms and the fossil fuel-burning heater or fireplace.

<--

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(2)  Replace any required carbon monoxide alarm that has

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been stolen, removed, found missing or rendered inoperable

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during a prior occupancy of the rental property and which has

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not been replaced by the prior occupant before the

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commencement of a new occupancy of the rental property.

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(3)  Ensure that the batteries are in operating condition

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at the time the new occupant takes residence in the rental

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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 carbon monoxide alarm or the care and

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replacement of batteries while the building is occupied.

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Responsibility for maintenance and repair of carbon monoxide

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

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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:

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

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(2)  Test the device.

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(3)  Replace batteries as needed.

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

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or rendered inoperable 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 carbon

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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 carbon monoxide

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

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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 carbon monoxide alarm, except in the course of

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inspection, maintenance or replacement of the alarm, is a

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

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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 administration and enforcement 

<--

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requirements.

<--

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(a)  General rule.--A municipality may, by resolution,

<--

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administer and enforce the provisions of this act.

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(b)  Construction.--Nothing in this act shall be construed to

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prevent a municipality from adopting, by resolution, equal or

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more stringent requirements relating to carbon monoxide alarms.

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Section 20.  Effective date.

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This act shall take effect January 1, 2012.

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