AN ACT

 

1Providing standards for carbon monoxide alarms; and imposing
2penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Carbon
7Monoxide Alarm Standards Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Apartment." A room or suite of two or more rooms, occupied
13or leased for occupation, or intended or designed to be
14occupied, as a domicile.

15"Approved carbon monoxide alarm." The term includes:

16(1) A single or multiple station carbon monoxide alarm
17listed as complying with the Approved American National

1Standard for <-Single and Multiple Station Carbon Monoxide
2Alarms (ANSI/UL2034) or a carbon monoxide detector listed as
3complying with the Approved American National Standard for
4Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed
5in accordance with this act.

6(2) A device that may be combined with a smoke alarm or
7smoke detector if the combined smoke alarm or detector meets
8all of the following:

9(i) Complies with either of the following:

10(A) The Approved American National Standard for 
<-11Single and Multiple Station Carbon Monoxide Alarms
12(ANSI/UL2034) for carbon monoxide alarms and the
13Approved American National Standard for Single and
14Multiple Station Smoke Alarms (ANSI/UL217) for smoke
15alarms.

16(B) The Approved American National Standard for
17Gas and Vapor Detectors and Sensors (ANSI/UL2075) for
18carbon monoxide detectors and the Approved American
19National Standard for Safety for <-Automotive Glass-
20Tube Fuses <-Smoke Detectors for Fire Alarm Systems
21(ANSI/UL268) for smoke detectors.

22(ii) Emits an alarm in a manner that clearly
23differentiates between detecting the presence of carbon
24monoxide and the presence of smoke.

25(3) A carbon monoxide detection system that includes
26carbon monoxide detectors and audible notification appliances
27that are installed and maintained in accordance with the
28National Fire Alarm and Signaling Code (NFPA 72) and the
29Standard for the Installation of Carbon Monoxide (CO)
30Detection and Warning Equipment (NFPA 720) and are in

1compliance with the Approved American National Standard for
2Gas and Vapor Detectors and Sensors (ANSI/UL2075).

3"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and
4other petroleum or hydrocarbon products which emit carbon
5monoxide as a by-product of combustion.

6"Installed." A carbon monoxide alarm that is hardwired into
7the electrical wiring, directly plugged into an electrical
8outlet without a switch, other than a circuit breaker, or, if
9the alarm is battery-powered, attached to the wall or ceiling of
10a residential building, an apartment or a multifamily dwelling,
11in accordance with the Standard for the Installation of Carbon
12Monoxide (CO) Detection and Warning Equipment (NFPA) 720.

13"Multifamily dwelling." Any house or building, or portion
14thereof, that is intended or designed to be occupied or leased
15for occupation, or occupied as a home or residence for three or
16more households living in separate apartments <-that they are, and 
17doing their cooking on the premises. <-The term excludes the 
18following:

19(1) Dormitories.

20(2) Monasteries.

21"Operational." Working and in service.

22"Residential building." Detached one-family and two-family
23dwellings and multiple single-family dwellings which are not
24more than three stories in height with a separate means of
25egress, which includes accessory structures.

26Section 3. Administration.

27Nothing in this act is intended to modify the authority and
28responsibilities of the Department of Labor and Industry under
29the act of November 10, 1999 (P.L.491, No.45), known as the
30Pennsylvania Construction Code Act.

1Section 4. Carbon monoxide alarm requirements.

2(a) Residential building.--Upon the sale of a residential
3building, the seller shall disclose information regarding the
4installation of carbon monoxide detectors on the property
5disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to
6seller disclosures).

7(b) Multifamily dwellings.--Each apartment in a multifamily
8dwelling, which uses a fossil fuel-burning heater or appliance,
9fireplace or an attached garage, must have an operational,
10centrally located and approved carbon monoxide alarm installed
11in the vicinity of the bedrooms and the fossil fuel-burning
12heater or fireplace within <-one year 18 months of the effective
13date of this act.

14Section 5. Carbon monoxide alarm requirements in rental
15properties.

16(a) Owner responsibilities.--The owner of a multifamily
17dwelling having a fossil fuel-burning heater or appliance,
18fireplace or an attached garage used for rental purposes and
19required to be equipped with one or more approved carbon
20monoxide alarms shall:

21(1) Provide and install an operational, centrally
22located and approved carbon monoxide alarm in the vicinity of
23the bedrooms and the fossil fuel-burning heater or fireplace.

24(2) Replace, in accordance with this act, any approved
25carbon monoxide alarm that has been stolen, removed, found
26missing or rendered inoperable during a prior occupancy of
27the rental property and which has not been replaced by the
28prior occupant before the commencement of a new occupancy of
29the rental property.

30(3) Ensure that the batteries in each approved carbon

1monoxide alarm are in operating condition at the time the new
2occupant takes residence in the rental property.

3(b) Maintenance, repair or replacement.--Except as provided
4in subsection (a), the owner of a multifamily dwelling used for
5rental purposes is not responsible for the maintenance, repair
6or replacement of an approved carbon monoxide alarm or the care
7and replacement of batteries while the building is occupied.
8Responsibility for maintenance and repair of carbon monoxide
9alarms shall revert to the owner of the building upon vacancy of
10the rental property.

11(c) Occupant responsibilities.--The occupant of each
12multifamily dwelling used for rental purposes in which an
13operational and approved carbon monoxide alarm has been provided
14must:

15(1) Keep and maintain the device in good repair.

16(2) Test the device.

17(3) Replace batteries as needed.

18(4) Replace any device that is stolen, removed, missing
19or rendered inoperable during the occupancy of the building.

20(5) Notify the owner or the authorized agent of the
21owner in writing of any deficiencies pertaining to the
22approved carbon monoxide alarm.

23Section 6. Enforcement.

24Willful failure to install or maintain in operating condition
25any approved carbon monoxide alarm required by this act is a
26summary offense punishable by a fine of up to $50.

27Section 7. Municipal requirements.

28Nothing in this act shall be construed to prevent a
29municipality from adopting, by resolution, equal or more
30stringent requirements relating to carbon monoxide alarms.

1Section 20. Effective date.

2This act shall take effect immediately.

 

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