Bill Text: PA HB1107 | 2011-2012 | Regular Session | Introduced

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Bill Title: Requiring carbon monoxide alarms in facilities serving care-dependent persons; imposing powers and duties on the Departments of Aging, Health and Public Welfare; and imposing penalties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-17 - Referred to AGING AND OLDER ADULT SERVICES [HB1107 Detail]

Download: Pennsylvania-2011-HB1107-Introduced.html

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PRINTER'S NO. 1203
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1107 Session of2011
INTRODUCED BY WATSON, MUSTIO, MAJOR, MARSHALL, CALTAGIRONE, BISHOP, BOBACK, CARROLL, COHEN, D. COSTA, DEASY, DONATUCCI, J. EVANS, FARRY, GEIST, GIBBONS, GINGRICH, GOODMAN, HARKINS, HORNAMAN, KAVULICH, KOTIK, KULA, MAHONEY, McGEEHAN, MICOZZIE, MILLARD, MILLER, MURT, MYERS, M. O'BRIEN, PETRI, PYLE, REICHLEY, SWANGER, J. TAYLOR AND WAGNER, MARCH 17, 2011
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 17, 2011
AN ACT
Requiring carbon monoxide alarms in facilities serving care-
dependent persons; imposing powers and duties on the
Departments of Aging, Health and Public Welfare; and imposing
penalties.
The General Assembly finds and declares that:
(1) David and Regina Householder perished due to the
absence of carbon monoxide detectors in the assisted living
facility where they resided.
(2) Facilities that serve care-dependent persons should
be required to install carbon monoxide detectors to safeguard
such persons from exposure to dangerous levels of carbon
monoxide.
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 Care Facility
Carbon Monoxide Alarm 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:
"Appropriate agency." Any of the following:
(1) For a domiciliary care home and an older adult daily
living center, the Department of Aging of the Commonwealth.
(2) For a long-term care nursing facility, the
Department of Health of the Commonwealth.
(3) For a personal care home and an assisted living
residence, the Department of Public Welfare of the
Commonwealth.
"Carbon monoxide alarm." A device to detect and sound an
alarm in the presence of carbon monoxide which:
(1) Bears the label of a nationally recognized standard
testing laboratory indicating that it is appropriate for its
intended use.
(2) Follows the 2009 Edition of the National Fire
Protection Association Standard for the Installation of
Carbon Monoxide (CO) Detection and Warning Equipment.
(3) Is installed and maintained in accordance with the
provisions of this act.
(4) Is tested in accordance with the manufacturer's
instructions, at least monthly.
"Care facility." Any of the following:
(1) A domiciliary care home as defined in section 2202-A
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(2) A long-term care nursing facility as defined in
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section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(3) An older adult daily living center as defined in
section 2 of the act of July 11, 1990 (P.L.499, No.118),
known as the Older Adult Daily Living Centers Licensing Act.
(4) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
(5) An assisted living residence as defined in section
1001 of the Public Welfare Code.
"Fossil fuel." Coal, kerosene, oil, fuel gases or other
petroleum or hydrocarbon product that emits carbon monoxide as a
by-product of combustion.
Section 4. Facility powers and duties.
(a) General rule.--Except as set forth in subsection (b), a
care facility shall be equipped with carbon monoxide alarms in
accordance with rules and regulations prescribed by the
appropriate agency. Combination smoke and carbon monoxide alarms
shall be permitted. Every facility building in which care is
provided and which has a fossil fuel-burning heater or
appliance, fireplace or an attached garage shall have an
approved operational carbon monoxide alarm installed within a
proximity determined by the appropriate agency to each room used
for sleeping purposes.
(b) Alarm system options.--A care facility may install any
one of the following three carbon monoxide alarm systems:
(1) A hardwired, single-station alarm in each room
containing a fuel-burning appliance and one at a constantly
attended location, including, but not limited to, a nurses'
station or security office. Upon activation of a device,
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building personnel, including, but not limited to, a security
person or building engineer, who has the responsibility to
investigate the cause of the activation.
(2) A battery-powered, plug-in or hardwired carbon
monoxide alarm in each sleeping room. Occupants shall be
instructed that upon the activation of such device, they
shall remove everyone from the room and notify building
staff.
(3) A carbon monoxide detection system throughout a
building that is installed in the same manner as a fire alarm
system. If the facility has a fire alarm system, the carbon
monoxide detection system may be added to it. Activation of a
carbon monoxide detector on the system should not cause the
fire alarm to activate, but must send a signal to a
constantly attended location and a person shall then be
dispatched to investigate the cause of the activation.
(c) Exemption.--Subsection (a) does not apply if the
appropriate agency determines that no potential carbon monoxide
hazard exists for the facility.
(d) Regulations.--No later than six months after the
effective date of this section, the appropriate agencies shall
promulgate regulations to incorporate the requirements specified
in this act. Such regulations shall, at a minimum, provide for a
method to determine the appropriate number and placement of
carbon monoxide alarms and a procedure for application for
exemption under subsection (b). The Departments of Aging, Health
and Public Welfare shall work in consultation with the State
Fire Commissioner and State and local building code authorities
to ensure that the proposed regulations are consistent with
State and local building standards and codes. The agencies shall
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cooperate to ensure that there is a baseline standardization of
regulations and shall recognize the need for specifications in
accordance with the nature and design of the facility buildings.
Section 5. Administrative penalties.
(a) General rule.--An appropriate agency shall impose an
administrative penalty of $300 for each day a facility is in
operation and in violation of section 4(a).
(b) Administrative procedure.--This section is subject to 2
Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
Section 6. Effective date.
This act shall take effect in one year.
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