| |
| PRIOR PRINTER'S NOS. 950, 1614 | PRINTER'S NO. 2265 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BROWNE, SOLOBAY, FONTANA, STACK, COSTA, YUDICHAK, FARNESE, BLAKE AND BREWSTER, MARCH 30, 2011 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 11, 2012 |
| |
| |
| |
| AN ACT |
| |
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 | "Apartment." A room or suite of two or more rooms, occupied | <-- |
13 | or leased for occupation, or intended or designed to be |
14 | occupied, as a domicile. |
15 | "Approved carbon monoxide alarm." Includes: |
16 | (1) A single station carbon monoxide alarm listed as |
17 | complying with ANSI/UL2034 installed in accordance with this |
|
1 | act. |
2 | (2) A device that may be combined with a smoke alarm if |
3 | the combined alarm complies with ANSI/UL2034 for carbon |
4 | monoxide alarms and ANSI/UL217 for smoke alarms and emits an |
5 | alarm in a manner that clearly differentiates between |
6 | detecting the presence of carbon monoxide and the presence of |
7 | smoke. |
8 | "Fossil fuel." Coal, kerosene, oil, wood, fuel gases and |
9 | other petroleum or hydrocarbon products which emit carbon |
10 | monoxide as a by-product of combustion. |
11 | "Installed." A carbon monoxide alarm that is hardwired into |
12 | the electrical wiring, directly plugged into an electrical |
13 | outlet without a switch, other than a circuit breaker, or, if |
14 | the alarm is battery-powered, attached to the wall or ceiling of |
15 | a residential building in accordance with National Fire |
16 | Protection Association (NFPA) 720. |
17 | "Multifamily dwelling." Any building or structure consisting | <-- |
18 | of two or more dwelling units where the occupants are primarily |
19 | permanent in nature and which is wholly or partly used or |
20 | intended to be used for living or sleeping. The term excludes |
21 | the following: |
22 | (1) Dormitories. |
23 | (2) Monasteries. |
24 | (3) Dwellings defined as "residential buildings" in this |
25 | act. |
26 | "Multifamily dwelling." Any house or building, or portion | <-- |
27 | thereof, that is intended or designed to be occupied or leased |
28 | for occupation, or occupied as a home or residence for three or |
29 | more households living in separate apartments that they are |
30 | cooking on the premises. The term excludes the following: |
|
1 | (1) Dormitories. |
2 | (2) Monasteries. |
3 | "Operational." Working and in service. |
4 | "Residential building." Detached one-family and two-family |
5 | dwellings and multiple single-family dwellings which are not |
6 | more than three stories in height with a separate means of |
7 | egress, which includes accessory structures. |
8 | Section 3. Administration. |
9 | Nothing in this act is intended to modify the authority and |
10 | responsibilities of the Department of Labor and Industry under |
11 | the act of November 10, 1999 (P.L.491, No.45), known as the |
12 | Pennsylvania Construction Code Act. |
13 | Section 4. Carbon monoxide alarm requirements. |
14 | (a) Existing residential building.--Each existing | <-- |
15 | residential building having a fossil fuel-burning heater or |
16 | appliance, fireplace or an attached garage sold after the |
17 | effective date of this act shall have an operational and |
18 | centrally located carbon monoxide detector installed in the |
19 | vicinity of the bedrooms and the fossil fuel-burning heater or |
20 | fireplace. Upon sale of a residential building the seller or |
21 | buyer shall negotiate to ensure that the building is in |
22 | compliance with the provisions of this section. The |
23 | (a) Residential building.--Upon the sale of a residential | <-- |
24 | building, the seller shall disclose information regarding the |
25 | installation of carbon monoxide detectors on the property |
26 | disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to |
27 | seller disclosures). |
28 | (b) Existing multifamily dwellings.--Each Multifamily | <-- |
29 | dwellings.--Each apartment in a multifamily dwelling having, | <-- |
30 | which uses a fossil fuel-burning heater or appliance, fireplace | <-- |
|
1 | or an attached garage, must have an operational, centrally | <-- |
2 | located and approved carbon monoxide alarm installed in the |
3 | vicinity of the bedrooms and the fossil fuel-burning heater or |
4 | fireplace within one year of the effective date of this section | <-- |
5 | act. | <-- |
6 | Section 5. Carbon monoxide alarm requirements in rental |
7 | properties. |
8 | (a) Owner responsibilities.--The owner of a residential | <-- |
9 | building or multifamily dwelling having a fossil fuel-burning |
10 | heater or appliance, fireplace or an attached garage used for |
11 | rental purposes and required to be equipped with one or more |
12 | carbon monoxide alarms shall: |
13 | (1) Provide and install an operational, centrally |
14 | located and approved carbon monoxide alarm in the vicinity of |
15 | the bedrooms and the fossil fuel-burning heater or fireplace. |
16 | (2) Replace any required carbon monoxide alarm that has |
17 | been stolen, removed, found missing or rendered inoperable |
18 | during a prior occupancy of the rental property and which has |
19 | not been replaced by the prior occupant before the |
20 | commencement of a new occupancy of the rental property. |
21 | (3) Ensure that the batteries are in operating condition |
22 | at the time the new occupant takes residence in the rental |
23 | property. |
24 | (b) Maintenance, repair or replacement.--Except as provided |
25 | in subsection (a), the owner of a residential building | <-- |
26 | multifamily dwelling used for rental purposes is not responsible | <-- |
27 | for the maintenance, repair or replacement of a carbon monoxide |
28 | alarm or the care and replacement of batteries while the |
29 | building is occupied. Responsibility for maintenance and repair |
30 | of carbon monoxide alarms shall revert to the owner of the |
|
1 | building upon vacancy of the rental property. |
2 | (c) Occupant responsibilities.--The occupant of each |
3 | residential building and multifamily dwelling used for rental | <-- |
4 | purposes in which an operational and approved carbon monoxide |
5 | alarm has been provided must: |
6 | (1) Keep and maintain the device in good repair. |
7 | (2) Test the device. |
8 | (3) Replace batteries as needed. |
9 | (4) Replace any device that is stolen, removed, missing |
10 | or rendered inoperable during the occupancy of the building. |
11 | (5) Notify the owner or the authorized agent of the |
12 | owner in writing of any deficiencies pertaining to the carbon |
13 | monoxide alarm. |
14 | Section 6. Enforcement. |
15 | (a) Failure to install or maintain.--Willful failure to | <-- |
16 | install or maintain in operating condition any carbon monoxide |
17 | alarm required by this act is a summary offense punishable by a |
18 | fine of up to $50. | <-- |
19 | (b) Tampering or removal.--Tampering with, removing, | <-- |
20 | destroying, disconnecting or removing the batteries from any |
21 | installed carbon monoxide alarm, except in the course of |
22 | inspection, maintenance or replacement of the alarm, is a |
23 | summary offense punishable by a fine of $500 in the case of a |
24 | first conviction and a misdemeanor of the third degree |
25 | punishable by a fine of $3,000 in the case of a second or |
26 | subsequent conviction. |
27 | Section 7. Municipal requirements. |
28 | Nothing in this act shall be construed to prevent a |
29 | municipality from adopting, by resolution, equal or more |
30 | stringent requirements relating to carbon monoxide alarms. |
|
1 | Section 20. Effective date. |
2 | This act shall take effect January 1, 2012 immediately. | <-- |
|