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SENATE AMENDED
PRIOR PRINTER'S NOS. 268, 695
PRINTER'S NO. 2970
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 VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED,
MARCH 16, 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
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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.
(C) EVACUATION AND ALARM PROTOCOLS.--
(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 ARRIVE AND ASSESS
THE NEED FOR EVACUATION.
(IV) EVACUATE RESIDENTS WHEN EMERGENCY PERSONNEL
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.
(c) (D) Compliance.--Compliance with this act shall be
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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