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| PRIOR PRINTER'S NOS. 950, 1614, 2265 | PRINTER'S NO. 2301 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, SOLOBAY, FONTANA, STACK, COSTA, YUDICHAK, FARNESE, BLAKE AND BREWSTER, MARCH 30, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, JUNE 18, 2012 |
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| AN ACT |
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1 | Providing standards for carbon monoxide alarms; and imposing |
2 | penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Carbon |
7 | Monoxide Alarm Standards Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Apartment." A room or suite of two or more rooms, occupied |
13 | or leased for occupation, or intended or designed to be |
14 | occupied, as a domicile. |
15 | "Approved carbon monoxide alarm." Includes: | <-- |
16 | (1) A single station carbon monoxide alarm listed as |
17 | complying with ANSI/UL2034 installed in accordance with this |
18 | act. |
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1 | (2) A device that may be combined with a smoke alarm if |
2 | the combined alarm complies with ANSI/UL2034 for carbon |
3 | monoxide alarms and ANSI/UL217 for smoke alarms and emits an |
4 | alarm in a manner that clearly differentiates between |
5 | detecting the presence of carbon monoxide and the presence of |
6 | smoke. |
7 | "Approved carbon monoxide alarm." The term includes: | <-- |
8 | (1) A single or multiple station carbon monoxide alarm |
9 | listed as complying with the Approved American National |
10 | Standard for Multiple Station Carbon Monoxide Alarms |
11 | (ANSI/UL2034) or a carbon monoxide detector listed as |
12 | complying with the Approved American National Standard for |
13 | Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed |
14 | in accordance with this act. |
15 | (2) A device that may be combined with a smoke alarm or |
16 | smoke detector if the combined smoke alarm or detector meets |
17 | all of the following: |
18 | (i) Complies with either of the following: |
19 | (A) The Approved American National Standard for |
20 | Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) |
21 | for carbon monoxide alarms and the Approved American |
22 | National Standard for Single and Multiple Station |
23 | Smoke Alarms (ANSI/UL217) for smoke alarms. |
24 | (B) The Approved American National Standard for |
25 | Gas and Vapor Detectors and Sensors (ANSI/UL2075) for |
26 | carbon monoxide detectors and the Approved American |
27 | National Standard for Safety for Automotive Glass- |
28 | Tube Fuses (ANSI/UL268) for smoke detectors. |
29 | (ii) Emits an alarm in a manner that clearly |
30 | differentiates between detecting the presence of carbon |
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1 | monoxide and the presence of smoke. |
2 | (3) A carbon monoxide detection system that includes |
3 | carbon monoxide detectors and audible notification appliances |
4 | that are installed and maintained in accordance with the |
5 | National Fire Alarm and Signaling Code (NFPA 72) and the |
6 | Standard for the Installation of Carbon Monoxide (CO) |
7 | Detection and Warning Equipment (NFPA 720) and are in |
8 | compliance with the Approved American National Standard for |
9 | Gas and Vapor Detectors and Sensors (ANSI/UL2075). |
10 | "Fossil fuel." Coal, kerosene, oil, wood, fuel gases and |
11 | other petroleum or hydrocarbon products which emit carbon |
12 | monoxide as a by-product of combustion. |
13 | "Installed." A carbon monoxide alarm that is hardwired into |
14 | the electrical wiring, directly plugged into an electrical |
15 | outlet without a switch, other than a circuit breaker, or, if |
16 | the alarm is battery-powered, attached to the wall or ceiling of |
17 | a residential building, an apartment or a multifamily dwelling, | <-- |
18 | in accordance with National Fire Protection Association the | <-- |
19 | Standard for the Installation of Carbon Monoxide (CO) Detection |
20 | and Warning Equipment (NFPA) 720. |
21 | "Multifamily dwelling." Any house or building, or portion |
22 | thereof, that is intended or designed to be occupied or leased |
23 | for occupation, or occupied as a home or residence for three or |
24 | more households living in separate apartments that they are |
25 | cooking on the premises. The term excludes the following: |
26 | (1) Dormitories. |
27 | (2) Monasteries. |
28 | "Operational." Working and in service. |
29 | "Residential building." Detached one-family and two-family |
30 | dwellings and multiple single-family dwellings which are not |
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1 | more than three stories in height with a separate means of |
2 | egress, which includes accessory structures. |
3 | Section 3. Administration. |
4 | Nothing in this act is intended to modify the authority and |
5 | responsibilities of the Department of Labor and Industry under |
6 | the act of November 10, 1999 (P.L.491, No.45), known as the |
7 | Pennsylvania Construction Code Act. |
8 | Section 4. Carbon monoxide alarm requirements. |
9 | (a) Residential building.--Upon the sale of a residential |
10 | building, the seller shall disclose information regarding the |
11 | installation of carbon monoxide detectors on the property |
12 | disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to |
13 | seller disclosures). |
14 | (b) Multifamily dwellings.--Each apartment in a multifamily |
15 | dwelling, which uses a fossil fuel-burning heater or appliance, |
16 | fireplace or an attached garage, must have an operational, |
17 | centrally located and approved carbon monoxide alarm installed |
18 | in the vicinity of the bedrooms and the fossil fuel-burning |
19 | heater or fireplace within one year of the effective date of |
20 | this act. |
21 | Section 5. Carbon monoxide alarm requirements in rental |
22 | properties. |
23 | (a) Owner responsibilities.--The owner of a multifamily |
24 | dwelling having a fossil fuel-burning heater or appliance, |
25 | fireplace or an attached garage used for rental purposes and |
26 | required to be equipped with one or more approved carbon | <-- |
27 | monoxide alarms shall: |
28 | (1) Provide and install an operational, centrally |
29 | located and approved carbon monoxide alarm in the vicinity of |
30 | the bedrooms and the fossil fuel-burning heater or fireplace. |
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1 | (2) Replace, in accordance with this act, any required | <-- |
2 | approved carbon monoxide alarm that has been stolen, removed, | <-- |
3 | found missing or rendered inoperable during a prior occupancy |
4 | of the rental property and which has not been replaced by the |
5 | prior occupant before the commencement of a new occupancy of |
6 | the rental property. |
7 | (3) Ensure that the batteries in each approved carbon | <-- |
8 | monoxide alarm are in operating condition at the time the new |
9 | occupant takes residence in the rental property. |
10 | (b) Maintenance, repair or replacement.--Except as provided |
11 | in subsection (a), the owner of a multifamily dwelling used for |
12 | rental purposes is not responsible for the maintenance, repair |
13 | or replacement of a an approved carbon monoxide alarm or the | <-- |
14 | care and replacement of batteries while the building is |
15 | occupied. Responsibility for maintenance and repair of carbon |
16 | monoxide alarms shall revert to the owner of the building upon |
17 | vacancy of the rental property. |
18 | (c) Occupant responsibilities.--The occupant of each |
19 | multifamily dwelling used for rental purposes in which an |
20 | operational and approved carbon monoxide alarm has been provided |
21 | must: |
22 | (1) Keep and maintain the device in good repair. |
23 | (2) Test the device. |
24 | (3) Replace batteries as needed. |
25 | (4) Replace any device that is stolen, removed, missing |
26 | or rendered inoperable during the occupancy of the building. |
27 | (5) Notify the owner or the authorized agent of the |
28 | owner in writing of any deficiencies pertaining to the |
29 | approved carbon monoxide alarm. | <-- |
30 | Section 6. Enforcement. |
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1 | Willful failure to install or maintain in operating condition |
2 | any approved carbon monoxide alarm required by this act is a | <-- |
3 | summary offense punishable by a fine of up to $50. |
4 | Section 7. Municipal requirements. |
5 | Nothing in this act shall be construed to prevent a |
6 | municipality from adopting, by resolution, equal or more |
7 | stringent requirements relating to carbon monoxide alarms. |
8 | Section 20. Effective date. |
9 | This act shall take effect immediately. |
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