PRIOR PRINTER'S NO. 2535 PRINTER'S NO. 4193
No. 5 Session of 1999
INTRODUCED BY ARMSTRONG, BATTISTO, BENNINGHOFF, CORRIGAN,
GODSHALL, HARHAI, HENNESSEY, JAMES, LAUGHLIN, LUCYK, MELIO,
NAILOR, ORIE, PETRONE, SAYLOR, SHANER, WILT, YOUNGBLOOD AND
KREBS, OCTOBER 26, 1999
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2000
AN ACT
1 Providing for bed and breakfast establishment safety
2 regulations.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Definitions.
6 Section 3. Conversion requirements.
7 Section 4. Accessibility requirement.
8 Section 5. Smoke detector requirement.
9 Section 6. Window requirement.
10 Section 7. Corridor requirement.
11 Section 8. Emergency lighting requirement.
12 Section 9. Door requirement.
13 Section 10. Handrail and guardrail requirement.
14 Section 11. Transoms requirement.
15 Section 12. Stairway requirement.
16 Section 13. Separation and mixed occupancy requirement.
1 Section 14. Hazard requirement.
2 Section 15. Travel distance to exit requirement.
3 Section 16. Ramp requirement.
4 Section 17. Fire extinguisher requirement.
5 Section 18. Carbon monoxide requirement.
6 Section 19. Certificate of occupancy.
7 Section 20. Effective date. <--
8 SECTION 20. APPLICABILITY. <--
9 SECTION 21. EFFECTIVE DATE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Bed and
14 Breakfast Establishment Safety Act.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Bed and breakfast homestead or inn." A private residence
20 which contains ten or fewer bedrooms ACCOMMODATES 7 TO 16 GUESTS <--
21 AND IS used for providing overnight accommodations to the public
22 and in which breakfast is the only meal served and is included
23 in the charge for the room.
24 "DIVISION D-H HAZARDOUS OCCUPANCY." AN OCCUPANCY INVOLVING <--
25 HIGHLY COMBUSTIBLE, EXPLOSIVE OR UNSTABLE PRODUCTS OR MATERIALS
26 THAT CONSTITUTE A SPECIAL FIRE, LIFE OR TOXIC HAZARD BECAUSE OF
27 THE FORMS, CHARACTERISTICS OR VOLUME OF THE MATERIALS USED.
28 "HISTORIC PROPERTY." A PROPERTY LISTED OR DETERMINED
29 ELIGIBLE FOR LISTING IN THE NATIONAL REGISTER OF HISTORIC
30 PLACES.
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1 "NFPA 70." AN ANSI ACCREDITED DOCUMENT, WHICH, AS SUCH, MAY
2 BE UPDATED PERIODICALLY FOR THE CONSTRUCTION AND SUBSEQUENT
3 INSPECTION OF ELECTRICAL FACILITIES AND EQUIPMENT AND KNOWN AS
4 THE NATIONAL ELECTRIC CODE.
5 "REQUIRED WINDOW SIZE." A WINDOW HAVING A MINIMUM SIZE OF
6 4.5 SQUARE FEET WITH NEITHER DIMENSION SMALLER THAN 20 INCHES.
7 Section 3. Conversion requirements.
8 Private residences being converted to bed and breakfast <--
9 establishments shall be in compliance if the requirements in
10 this act have been met.
11 A PRIVATE RESIDENCE BEING UTILIZED FOR A BED AND BREAKFAST <--
12 HOMESTEAD OR INN SHALL COMPLY WITH REQUIREMENTS SET FORTH IN
13 THIS ACT.
14 Section 4. Accessibility requirement.
15 Except as otherwise provided in this section, every story OF <--
16 A BED AND BREAKFAST HOMESTEAD OR INN utilized for guest
17 occupancy shall be provided with a minimum of two exits AND <--
18 SHALL COMPLY WITH THE FOLLOWING:
19 (1) A fire escape shall be accepted as providing one of
20 the required means of egress if it can safely be used under
21 emergency exiting conditions. All occupants shall have
22 unobstructed access to the fire escape without having to pass
23 through a room subject to locking. Access to a fire escape
24 shall be through a door, except that window access shall be
25 permitted from guest rooms.
26 (2) In buildings having a single exit, no additional
27 exit shall be required if the following conditions are met:
28 (i) at all locations in the story at the level of
29 discharge, the exit access travel distance shall not
30 exceed 75 feet; and
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1 (ii) except as otherwise provided in subparagraph
2 (iii), no part of the building open to guests shall be on
3 a floor that is more than 16 feet above exterior grade;
4 or
5 (iii) in buildings where guests do not have access
6 to rooms above the second story from floors that are more
7 than 16 feet above grade, where there are not more than
8 four guest rooms per floor and the exit access travel
9 distance does not exceed 50 feet, the exit shall be
10 enclosed with construction and opening protection
11 providing a one-hour fire-resistance rating.
12 (3) In bed and breakfast establishments having guest
13 rooms on the third floor the stairway requirements of section
14 12 apply. However, in a building not meeting the requirements <--
15 12 APPLY. <--
16 (4) IN A BUILDING NOT MEETING THE REQUIREMENTS of
17 section 12(1), (2) or (3), a second floor corridor exceeding
18 eight feet in length requires a one-hour barrier protecting
19 only one staircase if the following conditions are met:
20 (i) each sleeping room has a window with MEETING THE <--
21 MINIMUM SIZE REQUIREMENTS DEFINED IN SECTION 2 AND HAVING
22 a sill height not more than 44 inches;
23 (ii) no second floor sleeping room is more than 16
24 feet above grade; or
25 (iii) any second floor sleeping room more than 16
26 feet above grade has direct access to a fire escape or
27 other approved secondary exit.
28 Section 5. Smoke detector requirement.
29 AC-powered interconnected smoke detectors with battery back-
30 up shall be installed in A BED AND BREAKFAST HOMESTEAD OR INN <--
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1 AND SHALL BE IN accordance with the building subcode in the
2 locations listed in this section. Fixed temperature or rate-of-
3 rise and fixed temperature heat detectors may be substituted for
4 smoke detectors in those locations where frequent nuisance
5 alarms would be likely to occur. At least one portable visual
6 alarm-type smoke detector for the deaf or hearing-impaired shall
7 be available. Notification of the availability of such devices
8 shall be provided to each occupant. Installation shall be
9 required:
10 (1) In all guest rooms, AC-powered interconnected smoke
11 detectors with battery back-up or battery powered smoke
12 detectors shall be installed.
13 (2) On each story in common areas.
14 (3) In basements and attics.
15 Section 6. Window requirement.
16 Every sleeping room OF A BED AND BREAKFAST HOMESTEAD OR INN <--
17 shall be provided with a window MEETING THE MINIMUM SIZE <--
18 REQUIREMENTS DEFINED IN SECTION 2 AND having a sill height of
19 not more than 44 inches. SUCH WINDOW SHALL HAVE NO OBSTACLES <--
20 PLACED IN FRONT OF OR AROUND IT THAT WILL PREVENT EGRESS, SHALL
21 BE EASILY RELEASED FROM THE INSIDE, AND SHALL CONTAIN NO
22 OBSTRUCTIONS SUCH AS A GRILLE OR SCREEN.
23 Section 7. Corridor requirement.
24 Dead-end corridors IN A BED AND BREAKFAST HOMESTEAD OR INN <--
25 shall not exceed 35 feet.
26 Section 8. Emergency lighting requirement.
27 (a) Common egress areas.--Emergency egress lighting shall be
28 provided IN A BED AND BREAKFAST HOMESTEAD OR INN between all <--
29 guest rooms and emergency egress areas and shall be connected to
30 an emergency electrical system conforming to NFPA 70 to assure
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1 continued illumination for a duration of not less than one hour,
2 in case of primary power loss, or this lighting may be self-
3 illuminating, in which case it shall be mounted at or near floor
4 level and shall not require an emergency electrical system.
5 (b) Exit signs.--In all buildings, rooms or spaces required
6 to have more than one exit or exit access, all required means of
7 egress shall be indicated either with approved self-luminous
8 signs, or with approved internally illuminated signs connected
9 to an emergency electrical system to assure continued
10 illumination for not less than one hour in case of primary power
11 loss. Exit signs shall not be required if the second means of
12 egress is a fire escape or through main exterior doors that are
13 clearly identified as OBVIOUSLY UTILIZED FOR exits. <--
14 (c) Guest rooms.--A battery-powered handheld emergency light
15 shall be the minimum allowance available in each guest room.
16 Section 9. Door requirement.
17 Means of egress doors IN A BED AND BREAKFAST HOMESTEAD OR INN <--
18 shall comply with the following:
19 (1) All doors opening into an exit stair shall be self-
20 closing or automatic-closing.
21 (2) All guest-room doors shall be at least equivalent to
22 a 15-minute fire rating which may be achieved by various
23 options. Guest room doors shall also be equipped with door
24 latches and shall be reasonably tight-fitting. Replacement
25 doors shall be equivalent to a 20-minute fire rating which
26 may be reached by various options.
27 Section 10. Handrail and guardrail requirement.
28 Existing handrails and guardrails provided for stairways and
29 open-sided floor areas IN A BED OR BREAKFAST HOMESTEAD OR INN <--
30 shall be permitted to remain in place, provided they are
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1 structurally sound. When handrails or guardrails do not exist in
2 locations where the building code requires them, or where
3 handrails or guardrails are in danger of collapse when used
4 under emergency conditions, handrails and guardrails complying
5 with the building subcode shall be provided.
6 Section 11. Transoms requirement.
7 Transoms IN A BED AND BREAKFAST HOMESTEAD OR INN shall be <--
8 either glazed with 1/4-inch wire glass set in metal frames and
9 permanently secured in the closed position and may be provided
10 from the interior of the room. Transoms may also be sealed with
11 materials consistent with the corridor construction.
12 Section 12. Stairway requirement.
13 Interior stairways and other vertical openings connecting
14 more than six floor levels IN A BED AND BREAKFAST HOMESTEAD OR <--
15 INN shall be enclosed with approved assemblies having a two-hour
16 fire-resistance rating. Those connecting four to six floor
17 levels shall be enclosed with approved assemblies having a one-
18 hour fire-resistance rating. A minimum one-hour fire barrier
19 shall be provided to protect all interior stairways and other
20 vertical openings not exceeding three stories. Such fire barrier
21 may be omitted provided that:
22 (1) the building is provided throughout with an approved
23 automatic fire suppression system;
24 (2) in buildings where the building is protected
25 throughout by an automatic fire alarm system complying with
26 the building subcode; or
27 (3) the following conditions are met:
28 (i) each sleeping room has an approved window with a
29 sill height of not more than 44 inches; and
30 (ii) each sleeping room above the second floor is
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1 approved with direct access to a fire escape or other
2 approved secondary exit; or
3 (iii) any exit-access corridor exceeding eight feet
4 in length which serves two means of egress, at least one
5 of which is an unprotected vertical opening, shall be
6 separated from the vertical opening by a one-hour fire
7 barrier.
8 Section 13. Separation and mixed occupancy requirement.
9 When a bed and breakfast homestead or inn shares a structure
10 with one or more occupancy groups, as defined in 34 Pa. Code §
11 50.1 (relating to occupancy groups), the structure shall be
12 governed in one of the following manners:
13 (1) When each occupancy is separated from other
14 occupancies by fire walls, each portion thus separated shall
15 be considered a separate building, and limitations for
16 separate buildings shall govern.
17 (2) Structures with multiple occupancies which are not
18 separated shall be considered mixed occupancies and shall be
19 governed by the most restrictive of the various limitations
20 of the occupancies.
21 Section 14. Hazard requirement.
22 Division D-H hazardous occupancies shall not be permitted in
23 a bed and breakfast establishment HOMESTEAD OR INN. <--
24 Section 15. Travel distance to exit requirement.
25 Exits IN A BED AND BREAKFAST HOMESTEAD OR INN shall be <--
26 arranged so that the total length of travel from any point to
27 reach an exit shall not exceed 200 feet. Exits shall be so
28 arranged that one exit is not more than 200 feet from another
29 exit.
30 Section 16. Ramp requirement.
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1 (a) General rule.--A ramp IN A BED AND BREAKFAST HOMESTEAD <--
2 OR INN shall be permitted as a means of egress when it conforms
3 to the following table:
4 Minimum clear width in inches 40 inches
5 Maximum slope 1 inch per foot
6 (8.33%)
7 Maximum length between landings 30 feet
8 (b) Direction of travel.--Changes in direction of travel
9 shall be made only at landings.
10 (c) Connecting ramps.--Ramps which connect two or more floor
11 levels shall comply with the same door, handrail and enclosure
12 requirements as stair towers.
13 (d) Sloped surfaces.--Sloped surfaces of less than 5% shall
14 not be considered ramps.
15 Section 17. Fire extinguisher requirement.
16 The following conditions shall apply TO A BED AND BREAKFAST <--
17 HOMESTEAD OR INN:
18 (1) Fire extinguishers with a minimum 2-A rating shall
19 be provided.
20 (2) There shall be a minimum of one fire extinguisher
21 per floor including basement.
22 (3) Fire extinguishers shall be located so that it shall
23 not be necessary to travel more than 100 feet in any
24 direction to reach the nearest unit.
25 (4) A fire extinguisher with a minimum 10-B rating shall
26 be provided in each kitchen.
27 (5) Where fire extinguishers are installed in a closet
28 or recessed in a wall or obscured from view, there shall be
29 provided adjacent thereto a self-luminous fire extinguisher
30 sign or a constant blue light of not less than 25-watt
19990H0005B4193 - 9 -
1 capacity.
2 Section 18. Carbon monoxide requirement.
3 When an establishment A BED AND BREAKFAST HOMESTEAD OR INN <--
4 has a potential danger of carbon monoxide, there shall be one
5 carbon monoxide alarm per floor in a common area.
6 Section 19. Certificate of occupancy.
7 Buildings A BED AND BREAKFAST HOMESTEAD OR INN meeting the <--
8 requirements of this act shall be entitled to a certificate of
9 occupancy for use group R-1. The certificate of occupancy shall
10 be subject to the condition that it be valid for a bed and
11 breakfast HOMESTEAD OR INN use only. <--
12 SECTION 20. APPLICABILITY. <--
13 THIS ACT SHALL NOT APPLY TO BED AND BREAKFAST HOMESTEADS OR
14 INNS:
15 (1) FOR WHICH CERTIFICATION HAS BEEN OBTAINED FROM THE
16 DEPARTMENT OF LABOR AND INDUSTRY OR LOCAL MUNICIPALITY PRIOR
17 TO THE EFFECTIVE DATE OF THIS ACT.
18 (2) THAT ACCOMMODATE FEWER THAN SEVEN OR MORE THAN 16
19 GUESTS.
20 (3) THAT ARE CONSIDERED TO BE HISTORIC PROPERTIES AS
21 DEFINED IN SECTION 2.
22 Section 20 21. Effective date. <--
23 This act shall take effect in 60 days.
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