PRINTER'S NO. 1554
No. 1306 Session of 2005
INTRODUCED BY WASHINGTON, MYERS, KIRKLAND, GOODMAN, CALTAGIRONE, BLACKWELL, BEBKO-JONES AND YOUNGBLOOD, APRIL 11, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 11, 2005
AN ACT 1 Providing for the requirement of carbon monoxide detectors. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Carbon 6 Monoxide Protection Act. 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Apartment." A room or suite of two or more rooms occupied 12 or leased for occupation, or intended or designed to be 13 occupied, as a domicile. 14 "Department." The Department of Environmental Protection of 15 the Commonwealth. 16 "Dwelling." An apartment, hotel, multiple dwelling premises 17 or tenement building.
1 "Hotel." 2 (1) The term includes: 3 (i) A hotel, motel, bed and breakfast, homestead, 4 inn, guest house or other structure, which holds itself 5 out by any means, including advertising, license, 6 registration with an innkeepers' group, convention 7 listing association, travel publication or similar 8 association or with a government agency, as being 9 available to provide overnight lodging or use of facility 10 space for consideration to persons seeking temporary 11 accommodation. 12 (ii) Any place which advertises to the public at 13 large or any segment thereof that it will provide beds, 14 sanitary facilities or other space for a temporary period 15 to members of the public at large, or any place 16 recognized as a hostelry. 17 (2) The term does not include any portion of a facility 18 that is devoted to persons who have an established permanent 19 residence or a college or university student residence hall 20 or any private campground or any cabins, public campgrounds 21 or other facilities located on State land. 22 "Multiple dwelling premises." Any area occupied by dwelling 23 units, appurtenances thereto, grounds and facilities which 24 dwelling units are intended or designed to be occupied or leased 25 for occupation, or actually occupied, as individual homes or 26 residences for three or more households. This term includes 27 mobile home parks. 28 "Secretary." The Secretary of Environmental Protection of 29 the Commonwealth. 30 "Tenement building." Any house or building, or portion 20050H1306B1554 - 2 -
1 thereof, which is intended or designed to be occupied or leased 2 for occupation, or actually occupied, as a home or residence for 3 three or more households living in separate apartments and where 4 cooking is done upon the premises. 5 Section 3. Requirements. 6 (a) General rule.--Every unit of a dwelling space in a 7 dwelling shall be equipped with one or more carbon monoxide 8 sensor devices that bear the label of a nationally recognized 9 testing laboratory and have been tested and listed as complying 10 with the Underwriters Laboratories standard 2034 or its 11 equivalent as approved by the department by regulation. 12 (b) Exemption.--A dwelling may be exempt from the general 13 rule in subsection (a) if it is determined that no potential 14 carbon monoxide hazard exists for that unit. Any such 15 determination shall be made upon application by the owner of the 16 dwelling in the manner prescribed by the department. 17 Section 19. Penalties. 18 (a) Administrative penalties.--The department may impose an 19 administrative penalty of $100 for each dwelling unit not in 20 compliance with the requirements of this act. 21 (b) Appeal process.--This section is subject to 2 Pa.C.S. 22 Ch. 5 Subch. A (relating to practice and procedure of 23 Commonwealth agencies) and 7 Subch. A (relating to judicial 24 review of Commonwealth agency action). 25 Section 20. Effective date. 26 This act shall take effect in 60 days. C29L18DMS/20050H1306B1554 - 3 -