PRINTER'S NO. 136
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
262
Session of
2015
INTRODUCED BY FONTANA, KITCHEN, SCHWANK, SMITH, COSTA,
TARTAGLIONE AND BREWSTER, JANUARY 15, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 15, 2015
AN ACT
Providing standards for carbon monoxide alarms in child care
facilities; and imposing 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 Carbon
Monoxide Alarm Standards in Child Care Facilities 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
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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 detector meets
all of 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.
(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
Gas and Vapor Detectors and Sensors (ANSI/UL2075).
"Child care facility." Any of the following:
(1) A boarding home for children as defined under
section 1001 of the act of June 13, 1967 (P.L.31, No.21),
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known as the Public Welfare Code.
(2) A child day care center as defined under section
1001 of the Public Welfare Code.
(3) A nursery school that is licensed and regulated by
the Commonwealth.
"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
the 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 unit of a child care facility, in accordance with the Standard
for the Installation of Carbon Monoxide (CO) Detection and
Warning Equipment (NFPA 720).
"Operational." Working and in service.
"Unit." A room or suite of two or more rooms that is
occupied as a residence, intended or designed to be occupied as
a residence, or is occupied by a client of a child care
facility.
Section 3. Administration.
Nothing in this act is intended to modify the authority and
responsibilities of the Department of Labor and Industry under
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
Section 4. Carbon monoxide alarm requirements.
(a) Child care facilities.--Each child care facility, which
uses a fossil fuel-burning heater or appliance, fireplace or an
attached garage, must have an operational, centrally located and
approved carbon monoxide alarm installed in the vicinity of the
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fossil-fuel-burning heater or fireplace and in every unit that
is located on the same story as the fossil-fuel-burning heater
or appliance within 18 months of the effective date of this
section.
(b) Maintenance, repair or replacement.--The owner of a
child care facility is responsible for providing for the
maintenance, repair or replacement of an approved carbon
monoxide alarm or the care and replacement of batteries.
Section 5. Enforcement.
Willful failure to install or maintain in operating condition
any approved carbon monoxide alarm required by this act is a
summary offense punishable by a fine of up to $50.
Section 6. Effective date.
This act shall take effect immediately.
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