THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, BRENNAN, BRIGGS, CALTAGIRONE, COHEN, D. COSTA, CRUZ, GINGRICH, GOODMAN, GROVE, HARHAI, HORNAMAN, KOTIK, KULA, MANN, McGEEHAN, MELIO, MILNE, M. O'BRIEN, OLIVER, PAYTON, QUINN, READSHAW, ROEBUCK, SIPTROTH, VULAKOVICH AND YOUNGBLOOD, MAY 5, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 5, 2009  

AN ACT

Providing standards for carbon monoxide alarms and for powers

and duties of the Department of Labor and Industry; and

imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Monoxide Alarm Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Approved carbon monoxide alarm."  A device:

(1)  Listed by a nationally recognized testing laboratory

that is Occupational Safety and Health Administration (OSHA)

approved to test and certify to American National Standards.

(2)  That may be combined with smoke alarms if the

combined alarm complies with ANSI/UL2034 for carbon monoxide

alarms and ANSI/UL217 for smoke alarms and emits an alarm in

a manner that clearly differentiates between detecting the

presence of carbon monoxide and the presence of smoke.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Dwelling."  Any building or structure that contains at least

one dwelling unit used, designed to be used, rented, leased,

occupied or intended for living purposes.

"Dwelling unit."  A single unit providing complete

independent living facilities for one or more persons, including

permanent provisions for living, sleeping, eating, cooking and

sanitation.

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

other petroleum or hydrocarbon products which emit carbon

monoxide as a by-product of combustion.

"Installed."  A carbon monoxide alarm that is hardwired into

the electrical wiring, directly plugged into an electrical

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

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

the dwelling in accordance with National Fire Protection

Association (NFPA) 720.

"Multifamily dwelling."  Any building or structure consisting

of two or more dwelling units where the occupants are primarily

permanent in nature and which is wholly or partly used or

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

the following:

(1)  Boarding houses.

(2)  Dormitories.

(3)  Fraternities.

(4)  Monasteries.

"Operational."  Working and in service in accordance with

manufacturer instructions.

"Single-family dwelling."  Any building or structure

consisting of one dwelling unit where the occupants are

primarily permanent in nature and which is wholly or partly used

or intended to be used for living or sleeping.

Section 3.  Administration.

The department shall administer the provisions of this act

and may develop regulations for the implementation of this act.

Section 4.  Carbon monoxide alarm requirements.

(a)  Existing dwelling units.--Each single-family dwelling

and multifamily dwelling having a fossil fuel burning heater or

appliance, fireplace or an attached garage must have an

operational and approved carbon monoxide alarm installed in

accordance with the manufacturer's installation instructions

within ten feet of each room principally used for sleeping

purposes. The following apply:

(1)  Owners of single-family dwellings shall install an

approved carbon monoxide alarm at the earliest of the

following:

(i)  At the issuance of a permit for interior

alterations, repairs, fossil fuel-fired appliance

replacements or where one or more sleeping rooms are

added or created. 

(ii)  Upon the sale of the dwelling.

(iii)  Within one year of the effective date of this

act.

(2)  Owners of multifamily dwellings shall install an

approved carbon monoxide alarm within 120 days of the

enactment of this act.

(b)  New construction.--All single-family dwellings and

dwelling units in a multifamily structure for which a building

permit is issued for new construction and having a fossil fuel

burning heater or appliance, fireplace or an attached garage

must have an operational and approved carbon monoxide alarm

installed in accordance with the manufacturer's installation

instructions within ten feet of each room principally used for

sleeping purposes prior to occupancy.

Section 5. Carbon monoxide alarm requirements in rental

properties. 

(a)  Owner responsibilities.--The owner of a single-family

dwelling or dwelling unit in a multifamily structure having a

fossil fuel burning heater or appliance, fireplace or an

attached garage used for rental purposes and required to be

equipped with one or more carbon monoxide alarms shall:

(1)  Provide and install in accordance with the

manufacturer's installation instructions one operational and

approved carbon monoxide alarm within ten feet of each room

principally used for sleeping.

(2)  Replace any required carbon monoxide alarm that has

been stolen, removed, found missing or rendered inoperable

during a prior occupancy of the rental property and which has

not been replaced by the prior occupant before the

commencement of a new occupancy of the rental property.

(3)  Ensure that the batteries are in operating condition

at the time the new occupant takes residence in the rental

property.

(b)  Carbon monoxide alarm alternative for rental

properties.--In lieu of the requirements of subsection (a), an

owner of a multifamily dwelling may have a department-approved

carbon monoxide alarm installed in accordance with the

manufacturer's installation instructions between ten and 25 feet

of carbon monoxide-producing central fixtures and equipment,

provided that there is a centralized alarm system or other

mechanism for all residents to hear or see at all times.

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

in subsection (a), the owner of a single-family dwelling or

multifamily dwelling unit used for rental purposes is not

responsible for the maintenance, repair or replacement of a

carbon monoxide alarm or the care and replacement of batteries

while the dwelling is occupied. Responsibility for maintenance

and repair of carbon monoxide alarms shall revert to the owner

of the dwelling upon vacancy of the rental property.

(d)  Occupant responsibilities.--The occupant of each single-

family dwelling or multifamily dwelling unit used for rental

purposes in which an operational and approved carbon monoxide

alarm has been provided and installed in accordance with the

manufacturer's installation instructions must:

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

(2)  Test the device.

(3)  Replace batteries as needed.

(4)  Replace any device in accordance with the

manufacturer's installation instructions that is stolen,

removed, missing or rendered inoperable during the occupancy

of the dwelling or dwelling unit.

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

owner in writing of any deficiencies pertaining to the carbon

monoxide alarm.

Section 6.  Violations.

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

install or maintain in operating condition any carbon monoxide

alarm required by this act is a summary offense.

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

destroying, disconnecting or removing the batteries from any

installed carbon monoxide alarm, except in the course of

inspection, maintenance, or replacement of the alarm, is a

summary offense in the case of a first conviction and a

misdemeanor of the third degree in the case of a second or

subsequent conviction.

Section 7.  Municipal regulation.

This act does not prevent a county or municipality from

enacting more stringent requirements relating to carbon monoxide

alarms.

Section 8.  Effective date.

This act shall take effect in 120 days.