Regular Session 2015-2016 House Bill 0264 P.N. 3367

SENATE AMENDED

PRIOR PRINTER'S NOS. 268, 695, 2970

PRINTER'S NO. 3367

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

264

Session of

2015

INTRODUCED BY MUSTIO, WATSON, READSHAW, HENNESSEY, D. COSTA,

MAJOR, KILLION, MARSHALL, CARROLL, BISHOP, PICKETT, O'BRIEN,

PASHINSKI, COHEN, RAVENSTAHL, MILLARD, SCHLOSSBERG, JAMES,

DIAMOND, ZIMMERMAN, V. BROWN, R. BROWN, BOBACK, DEASY, KORTZ,

FARRY, SIMMONS, MURT, STAATS, MATZIE, FARINA, JOZWIAK, DAVIS,

GIBBONS, DUSH AND BAKER, FEBRUARY 2, 2015

SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS

AMENDED, MAY 17, 2016

AN ACT

Providing standards for carbon monoxide alarms in care

facilities; imposing powers and duties on the Department of

Aging, the Department of Health and the Department of Human

Services; and prescribing 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 Care Facility

Carbon Monoxide Alarms 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." The term includes:

(1) A single or multiple station carbon monoxide alarm

listed as complying with the Approved American National

Standard for Single and Multiple Station Carbon Monoxide

Alarms (ANSI/UL2034) or a carbon monoxide detector listed as

complying with the Approved American National Standard for

Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed

in accordance with this act.

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

smoke detector if the combined smoke alarm or smoke detector

meets the following:

(i) Complies with either of the following:

(A) the Approved American National Standard for

Single and Multiple Station Carbon Monoxide Alarms

(ANSI/UL2034) for carbon monoxide alarms and the

Approved American National Standard for Single and

Multiple Station Smoke Alarms (ANSI/UL217) for smoke

alarms; or

(B) the Approved American National Standard for

Gas and Vapor Detectors and Sensors (ANSI/UL2075) for

carbon monoxide detectors and the Approved American

National Standard for Safety for Smoke Detectors for

Fire Alarm Systems (ANSI/UL268) for smoke detectors.

(ii) Emits an alarm in a manner that clearly

differentiates between detecting the presence of carbon

monoxide and the presence of smoke.

(3) A carbon monoxide detection system that includes

carbon monoxide detectors and audible notification appliances

that are installed and maintained in accordance with the

National Fire Alarm and Signaling Code (NFPA 72) and the

Standard for the Installation of Carbon Monoxide (CO)

Detection and Warning Equipment (NFPA 720) and are in

compliance with the Approved American National Standard for

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Gas and Vapor Detectors and Sensors (ANSI/UL2075).

"Care facility." Any of the following:

(1) A long-term care nursing facility as defined in

section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act, that is licensed and

regulated under the authority of the Department of Health.

(2) A personal care home as defined in section 1001 of

the act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare HUMAN SERVICES Code, that is licensed and regulated

under the authority of the Department of Human Services.

(3) An assisted living residence as defined in section

1001 of the Public Welfare HUMAN SERVICES Code, that is

licensed and regulated under the authority of the Department

of Human Services.

"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

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 care

facility in accordance with the Standard for the Installation of

Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720).

"Licensing agencies." The Department of Health and the

Department of Human Services of the Commonwealth.

Section 3. Facility powers and duties.

(a) Installation.--

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

shall be installed in close proximity of, but not less than

15 feet from, any fossil fuel-burning device or appliance.

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(2) If the approved carbon monoxide alarm cannot be

heard by the staff on duty on a specific floor or wing of the

facility, a single approved carbon monoxide alarm shall be

installed where it can be heard by the staff on duty in

addition to the alarm installed as directed under paragraph

(1).

(3) If there are resident living units or bedrooms

located between a fossil fuel burning appliance and any

additional approved carbon monoxide alarm required under

paragraph (2), a single additional approved carbon monoxide

alarm shall be installed in a central location on the same

level as the resident living units or bedrooms.

(b) Testing and replacement.--

(1) Carbon monoxide detectors and alarm systems

installed at a care facility shall be tested and cleaned as

indicated in the manufacturer's guidelines.

(2) If the unit operates by a battery, the battery may

not be removed for any length of time beyond that necessary

to change the battery.

(3) The battery shall be labeled with the date of

installation and replaced at least once annually or at such

time as the unit signals a drained or failing battery,

whichever is sooner.

(1) IN THE EVENT THAT AN ALARM INSTALLED IN ACCORDANCE

WITH THIS SECTION SOUNDS, THE CARE FACILITY STAFF SHALL:

(I) TAKE IMMEDIATE ACTION TO INTRODUCE FRESH OUTSIDE

AIR INTO THE CARE FACILITY BY OPENING AVAILABLE WINDOWS

AND DOORS, UNLESS OPENING A SPECIFIC DOOR PRESENTS

ADDITIONAL RISK TO RESIDENT SAFETY.

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(II) CONTACT EMERGENCY SERVICES IN ACCORDANCE WITH

THE CARE FACILITY'S WRITTEN POLICIES AND PROCEDURES

RELATING TO CARBON MONOXIDE ALARMS AND EVACUATIONS.

(III) MOVE RESIDENTS TO THE NEAREST SOURCE OF FRESH

OUTSIDE AIR, ACCOUNT FOR ALL RESIDENTS AND REMAIN WITH

THE RESIDENTS UNTIL EMERGENCY PERSONNEL FIRST RESPONDERS

ARRIVE AND ASSESS THE NEED FOR EVACUATION.

(IV) EVACUATE RESIDENTS WHEN EMERGENCY PERSONNEL

FIRST RESPONDERS CONSIDER AN EVACUATION NECESSARY., IN

ACCORDANCE WITH THE CARE FACILITY'S FIRE SAFETY

REGULATORY STANDARDS CONTAINED IN 28 PA. CODE CH. 209

(RELATING TO FIRE PROTECTION AND SAFETY PROGRAMS FOR

LONG-TERM CARE NURSING FACILITIES) AND 55 PA. CODE CHS.

2600 (RELATING TO PERSONAL CARE HOMES) AND 2800 (RELATING

TO ASSISTED LIVING RESIDENCES).

(2) NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE

CARE FACILITIES TO CONDUCT DRILLS SPECIFIC TO CARBON

MONOXIDE.

assessed by the licensing agency with licensure responsibility

for the care facility utilizing the standards set forth in this

section during the initial issuance of a license or during the

annual licensure renewal. All care facilities shall demonstrate

compliance with this act and shall be verified at the care

facility's renewal inspections following the effective date of

this section.

(d) (E) Liability exemption.--No care facility shall be

liable for damages resulting from any of the following:

(1) A false alarm from an approved carbon monoxide

alarm, if the approved carbon monoxide alarm was maintained

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by the care facility in accordance with subsection (b).

(2) Failure of an approved carbon monoxide alarm to

operate properly, if that failure was the result of tampering

with, or removal or destruction of, an approved carbon

monoxide alarm by a person other than an employee of the care

facility.

(3) Failure of an approved carbon monoxide alarm to

operate properly if the failure is a result of a faulty alarm

that was maintained by the care facility in accordance with

subsection (b).

Section 4. Programs and education.

The Office of the State Fire Commissioner may work with care

facilities to develop carbon monoxide educational awareness

programs for care facilities and their residents.

Section 5. Effective date.

This act shall take effect in 90 days.

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