AN ACT

 

1Providing standards for carbon monoxide alarms in dependent 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 Dependent 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"Dependent care facility." Any of the following:

29(1) A home that provides domiciliary care as defined in
30section 2202-A of the act of April 9, 1929 (P.L.177, No.175),

1known as The Administrative Code of 1929.

2(2) 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.

5(3) An older adult daily living center as defined in
6section 2 of the act of July 11, 1990 (P.L.499, No.118),
7known as the Older Adult Daily Living Centers Licensing Act.

8(4) A personal care home as defined in section 1001 of
9the act of June 13, 1967 (P.L.31, No.21), known as the Public
10Welfare Code.

11(5) An assisted living residence as defined in section
121001 of the Public Welfare Code.

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

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

23"Operational." Working and in service.

24"Unit." A room or suite of two or more rooms that is
25occupied as a residence, intended or designed to be occupied as
26a residence or is occupied by a resident of a dependent care
27facility.

28Section 3. Administration.

29Nothing in this act is intended to modify the authority and
30responsibilities of the Department of Labor and Industry under

1the act of November 10, 1999 (P.L.491, No.45), known as the
2Pennsylvania Construction Code Act.

3Section 4. Carbon monoxide alarm requirements.

4(a) Dependent care facilities.--Each dependent care
5facility, which uses a fossil fuel-burning heater or appliance,
6or has an attached garage, must have an operational, centrally
7located and approved carbon monoxide alarm installed in the
8vicinity of the fossil fuel-burning heater or fireplace and
9every unit that is located on the same story as the fossil fuel-
10burning heater or appliance within 18 months of the effective
11date of this section.

12(b) Maintenance, repair or replacement.--The owner of a
13dependent care facility is responsible for providing for the
14maintenance, repair or replacement of an approved carbon
15monoxide alarm or the care and replacement of batteries.

16Section 5. Enforcement.

17Willful failure to install or maintain in operating condition
18any approved carbon monoxide alarm required by this act is a
19summary offense punishable by a fine of up to $50.

20Section 6. Effective date.

21This act shall take effect immediately.