THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CREIGHTON, MAY 13, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 13, 2009  

AN ACT

Amending the act of November 10, 1999 (P.L.491, No.45), entitled

"An act establishing a uniform construction code; imposing

powers and duties on municipalities and the Department of

Labor and Industry; providing for enforcement; imposing

penalties; and making repeals," providing for applicability

to structures housing bed and breakfasts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of November 10, 1999 (P.L.491, No.45),

known as the Pennsylvania Construction Code Act, is amended by

adding a section to read:

Section 902.1.  Applicability to structures housing bed and

breakfasts.

(a)  Conversion requirements.--A private residence being

utilized for a bed and breakfast homestead or inn shall comply

with requirements set forth in this section.

(b)  Accessibility requirement.--Except as otherwise provided

in this subsection, every story of a bed and breakfast homestead

or inn utilized for guest occupancy shall be provided with a

minimum of two exits and shall comply with the following:

(1)  A fire escape shall be accepted as providing one of

the required means of egress if it can safely be used under

emergency exiting conditions. All occupants shall have

unobstructed access to the fire escape without having to pass

through a room subject to locking. Access to a fire escape

shall be through a door, except that window access shall be

permitted from guest rooms.

(2)  In buildings with a single exit, no additional exit

shall be required if the following conditions are met:

(i)  at all locations in the story at the level of

discharge, the exit access travel distance shall not

exceed 75 feet;

(ii)  except as otherwise provided in subparagraph

(iii), no part of the building open to guests shall be on

a floor that is more than 16 feet above exterior grade;

or

(iii)  in buildings where guests do not have access

to rooms above the second story from floors that are more

than 16 feet above grade, where there are not more than

four guest rooms per floor and the exit access travel

distance does not exceed 50 feet, the exit shall be

enclosed with construction and opening protection

providing a one-hour fire-resistance rating.

(3)  In bed and breakfast establishments having guest

rooms on the third floor the stairway requirements of

subsection (j) apply.

(4)  In a building not meeting the requirements of

subsection (j), a second floor corridor exceeding eight feet

in length requires a one-hour barrier protecting only one

staircase if the following conditions are met:

(i)  each sleeping room has a window meeting the

minimum size requirements defined in subsection (t) and

having a sill height not more than 44 inches;

(ii)  no second floor sleeping room is more than 16

feet above grade; or

(iii)  any second floor sleeping room more than 16

feet above grade has direct access to a fire escape or

other approved secondary exit.

(c)  Smoke detector requirement.--AC-powered interconnected

smoke detectors with battery back-up shall be installed in a bed

and breakfast homestead or inn and shall be in accordance with

the building subcode in the locations listed in this section.

Fixed temperature or rate-of-rise and fixed temperature heat

detectors may be substituted for smoke detectors in those

locations where frequent nuisance alarms would be likely to

occur. At least one portable visual alarm-type smoke detector

for the deaf or hearing-impaired shall be available.

Notification of the availability of such devices shall be

provided to each occupant. Installation shall be required:

(1)  In all guest rooms, AC-powered interconnected smoke

detectors with battery back-up or battery powered smoke

detectors shall be installed.

(2)  On each story in common areas.

(3)  In basements and attics.

(d)  Window requirement.--Every sleeping room of a bed and

breakfast homestead or inn shall be provided with a window

meeting the minimum size requirements defined in subsection (t)

and having a sill height of not more than 44 inches. Such window

shall have no obstacles placed in front of or around it that

will prevent egress, shall be easily released from from the

inside, and shall contain no obstructions such as a grille or

screen.

(e)  Corridor requirement.--Dead-end corridors in a bed and

breakfast homestead or inn shall not exceed 35 feet.

(f)  Emergency lighting requirement.--

(1)  Emergency egress lighting shall be provided in a bed

and breakfast homestead or inn between all guest rooms and

emergency egress areas and shall be connected to an emergency

electrical system conforming to NFPA 70 to assure continued

illumination for a duration of not less than one hour, in

case of primary power loss, or this lighting may be self-

illuminating, in which case it shall be mounted at or near

floor level and shall not require an emergency electrical

system.

(2)  In all buildings, rooms or spaces required to have

more than one exit or exit access, all required means of

egress shall be indicated either with approved self-luminous

signs, or with approved internally illuminated signs

connected to an emergency electrical system to assure

continued illumination for not less than one hour in case of

primary power loss. Exit signs shall not be required if the

second means of egress is a fire escape or through main

exterior doors that are obviously utilized for exits.

(3)  A battery-powered handheld emergency light shall be

the minimum allowance available in each guest room.

(g)  Door requirement.--Means of egress doors in a bed and

breakfast homestead or inn shall comply with the following:

(1)  All doors opening into an exit stair shall be self-

closing or automatic-closing.

(2)  All guest-room doors shall be at least equivalent to

a 15-minute fire rating which may be achieved by various

options. Guest-room doors shall also be equipped with door

latches and shall be reasonably tight-fitting. Replacement

doors shall be equivalent to a 20-minute fire rating which

may be reached by various options.

(h)  Handrail and guardrail requirements.--Existing handrails

and guardrails provided for stairways and open-sided floor areas

in a bed or breakfast homestead or inn shall be permitted to

remain in place, provided they are structurally sound. When

handrails or guardrails do not exist in locations where the

building code requires them, or where handrails or guardrails

are in danger of collapse when used under emergency conditions,

handrails and guardrails complying with the building subcode

shall be provided.

(i)  Transom requirement.--Transoms in a bed and breakfast

homestead or inn shall be glazed with 1/4-inch wire glass set in

metal frames and permanently secured in the closed position and

may be provided from the interior of the room. Transoms may also

be sealed with materials consistent with the corridor

construction.

(j)  Stairway requirement.--Interior stairways and other

vertical openings connecting more than six floor levels in a bed

and breakfast homestead or inn shall be enclosed with approved

assemblies having a two-hour fire-resistance rating. Those

connecting four to six floor levels shall be enclosed with

approved assemblies having a one-hour fire-resistance rating. A

minimum one-hour fire barrier shall be provided to protect all

interior stairways and other vertical openings not exceeding

three stories. Such fire barrier may be omitted provided that:

(1)  the building is provided throughout with an approved

automatic fire suppression system;

(2)  buildings are protected throughout by an automatic

fire alarm system complying with the building subcode; or

(3)  the following conditions are met:

(i)  each sleeping room has an approved window with a

sill height of not more than 44 inches;

(ii)  each sleeping room above the second floor is

approved with direct access to a fire escape or other

approved secondary exit; or

(iii)  any exit-access corridor exceeding eight feet

in length which serves two means of egress, at least one

of which is an unprotected vertical opening, shall be

separated from the vertical opening by a one-hour fire

barrier.

(k)  Separation and mixed occupancy requirement.--When a bed

and breakfast homestead or inn shares a structure with one or

more occupancy groups, as defined in 34 Pa. Code § 50.1

(relating to occupancy groups), the structure shall be governed

in one of the following manners:

(1)  When each occupancy is separated from other

occupancies by fire walls, each portion thus separated shall

be considered a separate building, and limitations for

separate buildings shall govern.

(2)  Structures with multiple occupancies which are not

separated shall be considered mixed occupancies and shall be

governed by the most restrictive of the various limitations

of the occupancies.

(l)  Hazard requirement.--Division D-H hazardous occupancies

shall not be permitted in a bed and breakfast homestead or inn.

(m)  Travel distance to exit required.--Exits in a bed and

breakfast homestead or inn shall be arranged so that the total

length of travel from any point to reach an exit shall not

exceed 200 feet. Exits shall be so arranged that one exit is not

more than 200 feet from another exit.

(n)  Ramp requirement.--

(1)  A ramp in a bed and breakfast homestead or inn shall

be permitted as a means of egress when it conforms to the

following table:

(2)  Changes in direction of travel shall be made only at

landings.

(3)  Ramps which connect two or more floor levels shall

comply with the same door, handrail or enclosure requirements

as stair towers.

(4)  Sloped surfaces of less than 5% shall not be

considered ramps.

(o)  Fire extinguisher requirement.--The following conditions

shall apply to a bed and breakfast homestead or inn:

(1)  Fire extinguishers with a minimum 2-A rating shall

be provided.

(2)  There shall be a minimum of one fire extinguisher

per floor including basement.

(3)  Fire extinguishers shall be located so that it shall

not be necessary to travel more than 100 feet in any

direction to reach the nearest unit.

(4)  A fire extinguisher with a minimum 10-B rating shall

be provided in each kitchen.

(5)  Where fire extinguishers are installed in a closet

or recessed in a wall or obscured from view, there shall be

provided adjacent thereto a self-luminous fire extinguisher

sign or a constant blue light of not less than 25-watt

capacity.

(p)  Carbon monoxide requirement.--When a bed and breakfast

homestead or inn has a potential danger of carbon monoxide,

there shall be one carbon monoxide alarm per floor in a common

area.

(q)  Certificate of occupancy.--A bed and breakfast homestead

or inn meeting the requirements of this act shall be entitled to

a certificate of occupancy for use group R-1. The certificate of

occupancy shall be subject to the condition that it be valid for

a bed and breakfast homestead or inn use only.

(r)  Applicability.--This act shall not apply to bed and

breakfast homesteads or inns:

(1)  For which certification has been obtained from the

Department of Labor and Industry or local municipality prior

to the effective date of this act.

(2)  That accommodate fewer than seven or more than 16

guests.

(3)  That are considered to be historic properties as

defined in subsection (t).

(s)  Enforcement.--The Department of Labor and Industry shall

be responsible for enforcing the provisions of this section.

(t)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Bed and breakfast homestead" or "bed and breakfast inn."  A

private residence which accommodates 7 to 16 guests and is used

for providing overnight accommodations to the public and in

which breakfast is the only meal served and is included in the

charge for the room.

"Division D-H hazardous occupancy."  An occupancy involving

highly combustible, explosive or unstable products or materials

that constitute a special fire, life or toxic hazard because of

the forms, characteristics or volume of the materials used.

"Historic property."  A property listed or determined

eligible for listing in the National Register of Historic

Places.

"NFPA 70."  The National Electrical Code, as adopted by the

National Fire Protection Association, which sets forth standards

on the installation of electrical systems and equipment in

public and private buildings and other structures in order to

protect persons and property from the hazards arising from the

use of electricity.

"Required window size."  A window having a minimum size of

four and one-half square feet with neither dimension smaller

than 20 inches.

Section 2.  This act shall take effect in 60 days.