THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LOGAN, FERLO, FARNESE, HUGHES, PIPPY, COSTA, TARTAGLIONE, WASHINGTON, KITCHEN AND FONTANA, JULY 8, 2010

REFERRED TO URBAN AFFAIRS AND HOUSING, JULY 8, 2010  

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."  Includes:

(1)  A single station carbon monoxide alarm listed as

complying with ANSI/UL2034 installed in accordance with this

act.

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

"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

a residential building in accordance with National Fire

Protection Association (NFPA) 720.

"Operational."  Working and in service.

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

dwellings and multiple single-family dwellings which are not

more than three stories in height with a separate means of

egress, which includes accessory structures.

Section 3.  Administration.

Nothing in this act is intended to modify the authority and

responsibilities of the Department of Labor and Industry under

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

Pennsylvania Construction Code Act.

Section 4.  Carbon monoxide alarm requirements.

(a)  Existing buildings.--Each residential building having a

fossil fuel-burning heater or appliance, fireplace or an

attached garage must have an operational and approved carbon

monoxide alarm installed outside of each separate sleeping area

in the immediate vicinity of the bedrooms. The following apply:

(1)  Owners of residential buildings shall install a

minimum of one approved carbon monoxide alarm per residence

within one year of the effective date of this act.

(2)  Upon the sale of a residential building, the seller

shall ensure that the building is in compliance with the

provisions of this act. The seller shall disclose information

regarding the installation of carbon monoxide alarms on the

property disclosure statement required by 68 Pa.C.S. Ch. 73

(relating to seller disclosures).

(b)  New construction.--All new residential buildings

permitted under the International Residential Code are to comply

with the requirements of the most current edition of the ICC

International Residential Code for installation and placement of

carbon monoxide alarms.

Section 5.  Carbon monoxide alarm requirements in rental

properties.

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

building 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 an operational and approved

carbon monoxide alarm outside of each sleeping area in the

immediate vicinity of the bedrooms.

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

in subsection (a), the owner of a residential building 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 building is occupied.

Responsibility for maintenance and repair of carbon monoxide

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

the rental property.

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

residential building used for rental purposes in which an

operational and approved carbon monoxide alarm has been provided

must:

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

(2)  Test the device.

(3)  Replace batteries as needed.

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

or rendered inoperable during the occupancy of the building.

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

owner in writing of any deficiencies pertaining to the carbon

monoxide alarm.

Section 6.  Enforcement.

(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 punishable by a

fine of up to $50.

(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 punishable by a fine of $500 in the case of a

first conviction and a misdemeanor of the third degree

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

subsequent conviction.

Section 7.  Municipal administration and enforcement.

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

administer and enforce the provisions of this act.

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

prevent a municipality from adopting, by resolution, equal or

more stringent requirements relating to carbon monoxide alarms.

Section 8.  Effective date.

This act shall take effect January 1, 2011.