1Providing standards for carbon monoxide alarms in dining
2establishments; 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 Dining Establishments 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; or

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"Bar." A room or establishment where alcoholic drinks are
29served.

30"Cafe." An informal restaurant that offers a range of simple

1meals and drinks, including, but not limited to, coffee.

2"Fossil fuel." Coal, kerosene, oil, wood, fuel gas and any
3other petroleum or hydrocarbon product which emits carbon
4monoxide as a by-product of combustion.

5"Installed." A carbon monoxide alarm that is hardwired into
6the electrical wiring, directly plugged into an electrical
7outlet without a switch, other than a circuit breaker or, if the
8alarm is battery-powered, attached to the wall or ceiling of a
9dining establishment, in accordance with the Standard for the
10Installation of Carbon Monoxide (CO) Detection and Warning
11Equipment (NFPA 720).

12"Operational." Working and in service.

13"Restaurant." A reputable place that:

14(1) Is operated by responsible persons of good
15reputation.

16(2) Is habitually and principally used for the purpose
17of providing food for the public.

18(3) Has an area within a building of not less than 400
19square feet.

20(4) Is equipped with tables and chairs, including bar
21seats.

22(5) Accommodates at least 30 persons at one time.

23Section 3. Carbon monoxide alarm requirements.

24(a) Dining establishments.--A dining establishment that uses
25a fossil fuel-burning heater or appliance or has an attached
26garage must have an operational, centrally located and approved
27carbon monoxide alarm installed in the vicinity of the fossil
28fuel-burning heater or appliance or attached garage within 18
29months of the effective date of this section or, if the dining
30establishment becomes operational 18 months after the effective

1date of this section, on becoming operational.

2(b) Maintenance, repair or replacement.--The owner of a
3dining establishment shall maintain, repair or replace, as
4necessary, an approved carbon monoxide alarm or care for and
5replace batteries in the dining establishment.

6Section 4. Enforcement.

7A person who is required to comply with this act and
8willfully fails to install or maintain in operating condition an
9approved carbon monoxide alarm required by this act commits a
10summary offense punishable by a fine of not more than $50.

11Section 5. Construction.

12Nothing in this act shall be construed to modify the
13authority and responsibilities of the Department of Labor and
14Industry under the act of November 10, 1999 (P.L.491, No.45),
15known as the Pennsylvania Construction Code Act.

16Section 6. Effective date.

17The act shall take effect immediately.