1Providing standards for carbon monoxide alarms in care
2facilities; imposing powers and duties on the Department of
3Aging, the Department of Health and the Department of Public
4Welfare; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Care Facility
9Carbon Monoxide Alarms Standards Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

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

15(1) A single or multiple station carbon monoxide alarm
16listed as complying with the Approved American National
17Standard for Single and Multiple Station Carbon Monoxide

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

5(2) A device that may be combined with a smoke alarm or
6smoke detector if the combined smoke alarm or smoke detector
7meets the following:

8(i) Complies with either of the following:

9(A) the Approved American National Standard for
10Single and Multiple Station Carbon Monoxide Alarms
11(ANSI/UL2034) for carbon monoxide alarms and the
12Approved American National Standard for Single and
13Multiple Station Smoke Alarms (ANSI/UL217) for smoke
14alarms; or

15(B) the Approved American National Standard for
16Gas and Vapor Detectors and Sensors (ANSI/UL2075) for
17carbon monoxide detectors and the Approved American
18National Standard for Safety for Smoke Detectors for
19Fire Alarm Systems (ANSI/UL268) for smoke detectors.

20(ii) Emits an alarm in a manner that clearly
21differentiates between detecting the presence of carbon
22monoxide and the presence of smoke.

23(3) A carbon monoxide detection system that includes
24carbon monoxide detectors and audible notification appliances
25that are installed and maintained in accordance with the
26National Fire Alarm and Signaling Code (NFPA 72) and the
27Standard for the Installation of Carbon Monoxide (CO)
28Detection and Warning Equipment (NFPA 720) and are in
29compliance with the Approved American National Standard for
30Gas and Vapor Detectors and Sensors (ANSI/UL2075).

1"Care facility." Any of the following:

2(1) A long-term care nursing facility as defined in
3section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
4known as the Health Care Facilities Act, that is licensed and
5regulated under the authority of the Department of Health.

6(2) A personal care home as defined in section 1001 of
7the act of June 13, 1967 (P.L.31, No.21), known as the Public
8Welfare Code, that is licensed and regulated under the
9authority of the Department of Public Welfare.

10(3) An assisted living residence as defined in section
111001 of the Public Welfare Code, that is licensed and
12regulated under the authority of the Department of Public
13Welfare.

14"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and
15other petroleum or hydrocarbon products which emit carbon
16monoxide as a by-product of combustion.

17"Installed." A carbon monoxide alarm that is hardwired into
18electrical wiring, directly plugged into an electrical outlet
19without a switch, other than a circuit breaker or, if the alarm
20is battery powered, attached to the wall or ceiling of a
21residential building, an apartment or a multifamily dwelling in
22accordance with the Standard for the Installation of Carbon
23Monoxide (CO) Detection and Warning Equipment (NFPA 720).

24"Licensing agencies."  All of the following:

25(1) The Department of Aging.

26(2) The Department of Health.

27(3) The Department of Public Welfare.

28Section 3. Facility powers and duties.

29(a) Installation.--

30(1) An approved carbon monoxide alarm at a care facility

1shall be installed in close proximity of, but not less than
215 feet from, any fossil fuel-burning device or appliance.

3(2) The system shall be installed in a manner that any
4alarm signal can be heard by the care facility staff
5responsible for the area where the device or appliance is in
6use.

7(3) If the approved carbon monoxide alarm cannot be
8heard at the staff station on a specific floor or wing of the
9facility, a single approved carbon monoxide alarm shall be
10installed in close proximity to that staff station in
11addition to the alarm installed in close proximity of the
12fossil fuel-burning device or appliance.

13(b) Testing and replacement.--

14(1) Carbon monoxide detectors and alarm systems
15installed at a care facility shall be tested and cleaned as
16indicated in the manufacturer's guidelines.

17(2) If the unit operates by a battery, the battery may
18not be removed for any length of time beyond that necessary
19to change the battery.

20(3) The battery shall be labeled with the date of
21installation and replaced at least once annually or at such
22time as the unit signals a drained or failing battery,
23whichever is sooner.

24(c) Compliance.--Compliance with this act shall be assessed
25by the licensing agency with licensure responsibility for the
26care facility utilizing the standards set forth in this section
27during the initial issuance of a license or during the annual
28licensure renewal. All care facilities shall demonstrate
29compliance with this act and shall be verified at the care
30facility's renewal inspections following the effective date of

1this section.

2(d) Liability exemption.--No care facility shall be liable
3for damages resulting from any of the following:

4(1) A false alarm from an approved carbon monoxide
5alarm, if the approved carbon monoxide alarm was maintained
6by the care facility in accordance with subsection (b).

7(2) Failure of an approved carbon monoxide alarm to
8operate properly, if that failure was the result of tampering
9with, or removal or destruction of, an approved carbon
10monoxide alarm by a person other than an employee of the care
11facility.

12(3) Failure of an approved carbon monoxide alarm to
13operate properly if the failure is a result of a faulty alarm
14that was maintained by the care facility in accordance with
15subsection (b).

16Section 4. Programs and education.

17The Office of the State Fire Commissioner may work with care
18facilities to develop carbon monoxide educational awareness
19programs for care facilities and their residents.

20Section 5. Effective date.

21This act shall take effect in 180 days.