A04014
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
439
Session of
2017
INTRODUCED BY FONTANA, BREWSTER, COSTA, HAYWOOD, HUGHES AND
BROWNE, FEBRUARY 27, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 27, 2017
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 Standard for Single and Multiple
Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon
monoxide detector listed as complying with the Standard for
Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed
in accordance with this act.
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(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 Standard for Single and Multiple Station
Carbon Monoxide Alarms (ANSI/UL2034) for carbon
monoxide alarms and the Standard for Single and
Multiple Station Smoke Alarms (ANSI/UL217) for smoke
alarms.
(B) The Standard for Gas and Vapor Detectors and
Sensors (ANSI/UL2075) for carbon monoxide detectors
and the 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 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),
known as the Human Services Code.
(2) A child day care center as defined under section
1001 of the Human Services Code.
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"Child care." Care in lieu of parental care given for part
of the day to a child under 16 years of age away from their own
home. The term does not include child care furnished in places
of worship during religious services.
"Child care facility." Any of the following:
(1) A premises in which care is provided for a period
exceeding twenty-four hours for a child under 16 years of age
who is not a relative of the operator and who is not
accompanied by a parent, individual standing in loco parentis
or legal guardian. For purposes of this paragraph, the term
does not include a premises selected for care of a child by a
parent, individual standing in loco parentis or legal
guardian for a period of 30 days or less or a facility
operated under social service auspices.
(2) A premises in which child care is provided
simultaneously for seven or more children who are not
relatives of the operator, except a facility operated under
social service auspices.
(3) A home where child care is provided at any time to
no less than four children and no more than six children who
are not relatives of the caregiver.
(3) (4) 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.
"Human Services Code." The act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
"Installed." A carbon monoxide alarm that is hardwired into
the electrical wiring, directly plugged into an electrical
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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 Each
building in which a child care facility is in operation, 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
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.
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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 5. Licensure.
(a) General rule.--Except as provided under subsection (b),
the Department of Human Services may not issue or renew a
license for a child care facility supervised or licensed under
Article IX or X of the Human Services Code if the child care
facility fails to meet the requirements under section 4.
(b) Provisional licensure.--If a child care facility
licensed under Article X of the Human Services Code is not in
compliance with the requirements of section 4, the Department of
Human Services may issue a provisional license in accordance
with section 1008 of the Human Services Code.
Section 6. Effective date.
This act shall take effect immediately in 90 days.
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