PRINTER'S NO. 395
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
428
Session of
2019
INTRODUCED BY FONTANA, SANTARSIERO, BREWSTER, DINNIMAN, HUGHES,
BROWNE, COSTA, TARTAGLIONE AND HAYWOOD, MARCH 11, 2019
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
MARCH 11, 2019
AN ACT
Providing standards for carbon monoxide alarms in certain
lodging establishments; 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 Lodging Establishments 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." As defined by the act of
December 18, 2013 (P.L.1229, No.121), known as the Carbon
Monoxide Alarm Standards Act.
"Fossil fuel." As defined by the Carbon Monoxide Alarm
Standards Act.
"Installed." A carbon monoxide alarm that is hardwired into
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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 lodging establishment or a unit, in accordance with the
Standard for the Installation of Carbon Monoxide (CO) Detection
and Warning Equipment (NFPA 720).
"Lodging establishment."
(1) Any of the following:
(i) a hotel, motel, inn, guest house or other
structure which is held out by any means, including
advertising, license, registration with an innkeepers'
group, convention listing association, travel publication
or similar association or with a government agency, as
being available to provide overnight lodging or use of
facility space for consideration to persons seeking
temporary accommodation;
(ii) a place which advertises beds, sanitary
facilities or other space for a temporary period to
members of the public-at-large; or
(iii) a place recognized as a hostelry.
(2) The term includes any portion of a facility that is
devoted to a person who pays consideration to occupy one or
more units as an established permanent residence. The term
does not include a college or university student residence
hall.
"Operational." Working and in service.
"Unit." A room or a suite of two or more rooms of a lodging
establishment that are occupied, leased for occupation or
intended or designed to be occupied either as overnight lodging,
temporary accommodation or as a permanent residence.
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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) Lodging establishment.--A lodging establishment that
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,
appliance or attached garage within 18 months of the effective
date of this section.
(b) Maintenance, repair or replacement.--The owner of a
lodging establishment is responsible for providing for the
maintenance, repair or replacement of an approved carbon
monoxide alarm and its batteries in the lodging establishment.
Section 5. Enforcement.
Willful failure to install or maintain an operational
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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