PRINTER'S NO. 132
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
258
Session of
2015
INTRODUCED BY FONTANA, KITCHEN, SCHWANK, HUGHES, 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 dependent 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 Dependent 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).
"Dependent care facility." Any of the following:
(1) A home that provides domiciliary care as defined in
section 2202-A of the act of April 9, 1929 (P.L.177, No.175),
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known as The Administrative Code of 1929.
(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 Code.
(3) 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.
(4) An older adult daily living center as defined in
section 2 of the act of July 11, 1990 (P.L.499, No.118),
known as the Older Adult Daily Living Centers Licensing Act.
(5) An assisted living residence as defined in section
1001 of the Public Welfare Code.
"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 dependent 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 resident of a dependent 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
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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) Dependent care facilities.--Each dependent care
facility, which uses a fossil fuel-burning heater or appliance,
or has 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
dependent 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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