AN ACT

 

1Providing standards for carbon monoxide alarms in child care
2facilities; and imposing penalties.

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 in Child Care Facilities 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"Approved carbon monoxide alarm." The term includes:

13(1) A single or multiple station carbon monoxide alarm
14listed as complying with the Approved American National
15Standard for Single and Multiple Station Carbon Monoxide
16Alarms (ANSI/UL2034) or a carbon monoxide detector listed as
17complying with the Approved American National Standard for
18Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed

1in accordance with this act.

2(2) A device that may be combined with a smoke alarm or
3smoke detector if the combined smoke alarm or detector meets
4all of the following:

5(i) Complies with either of the following:

6(A) The Approved American National Standard for
7Single and Multiple Station Carbon Monoxide Alarms
8(ANSI/UL2034) for carbon monoxide alarms and the
9Approved American National Standard for Single and
10Multiple Station Smoke Alarms (ANSI/UL217) for smoke
11alarms.

12(B) The Approved American National Standard for
13Gas and Vapor Detectors and Sensors (ANSI/UL2075) for
14carbon monoxide detectors and the Approved American
15National Standard for Safety for Smoke Detectors for
16Fire Alarm Systems (ANSI/UL268) for smoke detectors.

17(ii) Emits an alarm in a manner that clearly
18differentiates between detecting the presence of carbon
19monoxide and the presence of smoke.

20(3) A carbon monoxide detection system that includes
21carbon monoxide detectors and audible notification appliances
22that are installed and maintained in accordance with the
23National Fire Alarm and Signaling Code (NFPA 72) and the
24Standard for the Installation of Carbon Monoxide (CO)
25Detection and Warning Equipment (NFPA 720) and are in
26compliance with the Approved American National Standard for
27Gas and Vapor Detectors and Sensors (ANSI/UL2075).

28"Child care facility." Any of the following:

29(1) A boarding home for children as defined under
30section 1001 of the act of June 13, 1967 (P.L.31, No.21),

1known as the Public Welfare Code.

2(2) A child care center as defined under section 1001 of
3the Public Welfare Code.

4(3) A nursery school that is licensed and regulated by
5the Commonwealth.

6"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and
7other petroleum or hydrocarbon products which emit carbon
8monoxide as a by-product of combustion.

9"Installed." A carbon monoxide alarm that is hardwired into
10the electrical wiring, directly plugged into an electrical
11outlet without a switch, other than a circuit breaker, or, if
12the alarm is battery-powered, attached to the wall or ceiling of
13a unit of a child care facility, in accordance with the Standard
14for the Installation of Carbon Monoxide (CO) Detection and
15Warning Equipment (NFPA) 720.

16"Operational." Working and in service.

17"Unit." A room or suite of two or more rooms that is
18occupied as a residence, intended or designed to be occupied as
19a residence, or is occupied by a client of a child care
20facility.

21Section 3. Administration.

22Nothing in this act is intended to modify the authority and
23responsibilities of the Department of Labor and Industry under
24the act of November 10, 1999 (P.L.491, No.45), known as the
25Pennsylvania Construction Code Act.

26Section 4. Carbon monoxide alarm requirements.

27(a) Child care facilities.--Each child care facility, which
28uses a fossil fuel-burning heater or appliance, fireplace or an
29attached garage, must have an operational, centrally located and
30approved carbon monoxide alarm installed in the vicinity of the

1fossil fuel-burning heater or fireplace and every unit that is
2located on the same story as the fossil-burning heater or
3appliance within 18 months of the effective date of this
4section.

5(b) Maintenance, repair or replacement.--The owner of a
6child care facility is responsible for providing for the
7maintenance, repair or replacement of an approved carbon
8monoxide alarm or the care and replacement of batteries.

9Section 5. Enforcement.

10Willful failure to install or maintain in operating condition
11any approved carbon monoxide alarm required by this act is a
12summary offense punishable by a fine of up to $50.

13Section 6. Effective date.

14This act shall take effect immediately.