PRIOR PRINTER'S NOS. 430, 1252

PRINTER'S NO. 1587

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

439

Session of

2017

INTRODUCED BY FONTANA, BREWSTER, COSTA, HAYWOOD, HUGHES, BROWNE

AND TARTAGLIONE, FEBRUARY 27, 2017

SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,

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:

listed as complying with the Standard for Single and Multiple

all of the following:

(A) The Standard for Single and Multiple Station

(B) The Standard for Gas and Vapor Detectors and

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." 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:

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.

simultaneously for seven or more children who are not

relatives of the operator, except a facility operated under

social service auspices.

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

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).

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.

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

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.