Bill Text: PA HB1445 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing standards for carbon monoxide alarms and for powers and duties of the Department of Labor and Industry; and imposing penalties.

Spectrum: Moderate Partisan Bill (Democrat 29-9)

Status: (Introduced - Dead) 2010-09-15 - Removed from table [HB1445 Detail]

Download: Pennsylvania-2009-HB1445-Amended.html

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PRIOR PRINTER'S NO. 1774 PRINTER'S NO. 3131
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1445 Session of2009
INTRODUCED BY SOLOBAY, BRENNAN, BRIGGS, CALTAGIRONE, COHEN, D. COSTA, CRUZ, GINGRICH, GOODMAN, HARHAI, HORNAMAN, KOTIK, KULA, MANN, McGEEHAN, MELIO, MILNE, M. O'BRIEN, OLIVER, PAYTON, QUINN, READSHAW, ROEBUCK, SIPTROTH, VULAKOVICH, YOUNGBLOOD, KORTZ, MAHONEY, K. SMITH, THOMAS, GEIST, BEYER, BROWN, ADOLPH, MIRABITO, HELM AND FARRY, MAY 5, 2009
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 25, 2010
AN ACT
Providing standards for carbon monoxide alarms and for powers
and duties of the Department of Labor and Industry; and
imposing penalties.
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 Carbon
Monoxide Alarm Standards 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:
"Approved carbon monoxide alarm." A device:
(1) Listed by a nationally recognized testing laboratory
that is Occupational Safety and Health Administration (OSHA)
approved to test and certify to American National Standards.
(2) That may be combined with smoke alarms if the
combined alarm complies with ANSI/UL2034 for carbon monoxide
alarms and ANSI/UL217 for smoke alarms and emits an alarm in
a manner that clearly differentiates between detecting the
presence of carbon monoxide and the presence of smoke.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Dwelling." Any building or structure that contains at least
one dwelling unit used, designed to be used, rented, leased,
occupied or intended for living purposes.
"Dwelling unit." A single unit providing complete
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and
other petroleum or hydrocarbon products which emit carbon
monoxide as a by-product of combustion.
"Installed." A carbon monoxide alarm that is hardwired into
the electrical wiring, directly plugged into an electrical
outlet without a switch, other than a circuit breaker, or, if
the alarm is battery-powered, attached to the wall or ceiling of
the dwelling in accordance with National Fire Protection
Association (NFPA) 720.
"Multifamily dwelling." Any building or structure consisting
of two or more dwelling units where the occupants are primarily
permanent in nature and which is wholly or partly used or
intended to be used for living or sleeping. The term excludes
the following:
(1) Boarding houses.
(2) Dormitories.
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(3) Fraternities.
(4) Monasteries.
"Operational." Working and in service in accordance with
manufacturer instructions.
"Single-family dwelling." Any building or structure
consisting of one dwelling unit where the occupants are
primarily permanent in nature and which is wholly or partly used
or intended to be used for living or sleeping.
Section 3. Administration.
The department shall administer the provisions of this act
and may develop regulations for the implementation of this act.
Section 4. Carbon monoxide alarm requirements.
(a) Existing dwelling units.--Each single-family dwelling
and multifamily dwelling having a fossil fuel burning heater or
appliance, fireplace or an attached garage must have an
operational and approved carbon monoxide alarm installed in
accordance with the manufacturer's installation instructions
within ten feet of each room principally used for sleeping
purposes. The following apply:
(1) Owners of single-family dwellings shall install an
approved carbon monoxide alarm at the earliest of the
following:
(i) At the issuance of a permit for interior
alterations, repairs, fossil fuel-fired appliance
replacements or where one or more sleeping rooms are
added or created.
(ii) Upon the sale of the dwelling.
(iii) Within one year of the effective date of this
act.
(2) Owners of multifamily dwellings shall install an
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approved carbon monoxide alarm within 120 days of the
enactment of this act.
(b) New construction.--All single-family dwellings and
dwelling units in a multifamily structure for which a building
permit is issued for new construction and having a fossil fuel
burning heater or appliance, fireplace or an attached garage
must have an operational and approved carbon monoxide alarm
installed in accordance with the manufacturer's installation
instructions within ten feet of each room principally used for
sleeping purposes prior to occupancy.
Section 5. Carbon monoxide alarm requirements in rental
properties.
(a) Owner responsibilities.--The owner of a single-family
dwelling or dwelling unit in a multifamily structure having a
fossil fuel burning heater or appliance, fireplace or an
attached garage used for rental purposes and required to be
equipped with one or more carbon monoxide alarms shall:
(1) Provide and install in accordance with the
manufacturer's installation instructions one operational and
approved carbon monoxide alarm within ten feet of each room
principally used for sleeping.
(2) Replace any required carbon monoxide alarm that has
been stolen, removed, found missing or rendered inoperable
during a prior occupancy of the rental property and which has
not been replaced by the prior occupant before the
commencement of a new occupancy of the rental property.
(3) Ensure that the batteries are in operating condition
at the time the new occupant takes residence in the rental
property.
(b) Carbon monoxide alarm alternative for rental
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properties.--In lieu of the requirements of subsection (a), an
owner of a multifamily dwelling may have a department-approved
carbon monoxide alarm installed in accordance with the
manufacturer's installation instructions between ten and 25 feet
of carbon monoxide-producing central fixtures and equipment,
provided that there is a centralized alarm system or other
mechanism for all residents to hear or see at all times.
(c) Maintenance, repair or replacement.--Except as provided
in subsection (a), the owner of a single-family dwelling or
multifamily dwelling unit used for rental purposes is not
responsible for the maintenance, repair or replacement of a
carbon monoxide alarm or the care and replacement of batteries
while the dwelling is occupied. Responsibility for maintenance
and repair of carbon monoxide alarms shall revert to the owner
of the dwelling upon vacancy of the rental property.
(d) Occupant responsibilities.--The occupant of each single-
family dwelling or multifamily dwelling unit used for rental
purposes in which an operational and approved carbon monoxide
alarm has been provided and installed in accordance with the
manufacturer's installation instructions must:
(1) Keep and maintain the device in good repair.
(2) Test the device.
(3) Replace batteries as needed.
(4) Replace any device in accordance with the
manufacturer's installation instructions that is stolen,
removed, missing or rendered inoperable during the occupancy
of the dwelling or dwelling unit.
(5) Notify the owner or the authorized agent of the
owner in writing of any deficiencies pertaining to the carbon
monoxide alarm.
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Section 6. Violations.
(a) Failure to install or maintain.--Willful failure to
install or maintain in operating condition any carbon monoxide
alarm required by this act is a summary offense.
(b) Tampering or removal.--Tampering with, removing,
destroying, disconnecting or removing the batteries from any
installed carbon monoxide alarm, except in the course of
inspection, maintenance, or replacement of the alarm, is a
summary offense in the case of a first conviction and a
misdemeanor of the third degree in the case of a second or
subsequent conviction.
Section 7. Municipal regulation.
This act does not prevent a county or municipality from
enacting more stringent requirements relating to carbon monoxide
alarms.
Section 8. Effective date.
This act shall take effect in 120 days.
Section 1. Short title. <--
This act shall be known and may be cited as the Carbon
Monoxide Alarm Standards 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:
"Approved carbon monoxide alarm." Includes:
(1) A single station carbon monoxide alarm listed as
complying with ANSI/UL2034 installed in accordance with this
act.
(2) A device that may be combined with a smoke alarm if
the combined alarm complies with ANSI/UL2034 for carbon
20090HB1445PN3131 - 6 -
monoxide alarms and ANSI/UL217 for smoke alarms and emits an
alarm in a manner that clearly differentiates between
detecting the presence of carbon monoxide and the presence of
smoke.
"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and
other petroleum or hydrocarbon products which emit carbon
monoxide as a by-product of combustion.
"Installed." A carbon monoxide alarm that is hardwired into
the electrical wiring, directly plugged into an electrical
outlet without a switch, other than a circuit breaker, or, if
the alarm is battery-powered, attached to the wall or ceiling of
a residential building in accordance with National Fire
Protection Association (NFPA) 720.
"Operational." Working and in service.
"Residential building." Detached one-family and two-family
dwellings and multiple single-family dwellings which are not
more than three stories in height with a separate means of
egress, which includes accessory structures.
Section 3. Administration.
Nothing in this act is intended to modify the authority and
responsibilities of the Department of Labor and Industry under
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
Section 4. Carbon monoxide alarm requirements.
(a) Existing buildings.--Each residential building having a
fossil fuel-burning heater or appliance, fireplace or an
attached garage must have an operational and approved carbon
monoxide alarm installed outside of each separate sleeping area
in the immediate vicinity of the bedrooms. The following apply:
(1) Owners of residential buildings shall install a
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minimum of one approved carbon monoxide alarm per residence
within one year of the effective date of this act.
(2) Upon the sale of a residential building, the seller
shall ensure that the building is in compliance with the
provisions of this act. The seller shall disclose information
regarding the installation of carbon monoxide detectors on
the property disclosure statement required by 68 Pa.C.S. Ch.
73 (relating to seller disclosures).
(b) New construction.--All new residential buildings
permitted under the International Residential Code are to comply
with the requirements of the most current edition of the ICC
International Residential Code for installation and placement of
carbon monoxide detectors.
Section 5. Carbon monoxide alarm requirements in rental
properties.
(a) Owner responsibilities.--The owner of a residential
building having a fossil fuel-burning heater or appliance,
fireplace or an attached garage used for rental purposes and
required to be equipped with one or more carbon monoxide alarms
shall:
(1) Provide and install an operational and approved
carbon monoxide alarm outside of each sleeping area in the
immediate vicinity of the bedrooms.
(2) Replace any required carbon monoxide alarm that has
been stolen, removed, found missing or rendered inoperable
during a prior occupancy of the rental property and which has
not been replaced by the prior occupant before the
commencement of a new occupancy of the rental property.
(3) Ensure that the batteries are in operating condition
at the time the new occupant takes residence in the rental
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property.
(b) Maintenance, repair or replacement.--Except as provided
in subsection (a), the owner of a residential building used for
rental purposes is not responsible for the maintenance, repair
or replacement of a carbon monoxide alarm or the care and
replacement of batteries while the building is occupied.
Responsibility for maintenance and repair of carbon monoxide
alarms shall revert to the owner of the building upon vacancy of
the rental property.
(c) Occupant responsibilities.--The occupant of each
residential building used for rental purposes in which an
operational and approved carbon monoxide alarm has been provided
must:
(1) Keep and maintain the device in good repair.
(2) Test the device.
(3) Replace batteries as needed.
(4) Replace any device that is stolen, removed, missing
or rendered inoperable during the occupancy of the building.
(5) Notify the owner or the authorized agent of the
owner in writing of any deficiencies pertaining to the carbon
monoxide alarm.
Section 6. Enforcement.
(a) Failure to install or maintain.--Willful failure to
install or maintain in operating condition any carbon monoxide
alarm required by this act is a summary offense punishable by a
fine of $500.
(b) Tampering or removal.--Tampering with, removing,
destroying, disconnecting or removing the batteries from any
installed carbon monoxide alarm, except in the course of
inspection, maintenance or replacement of the alarm, is a
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summary offense punishable by a fine of $500 in the case of a
first conviction and a misdemeanor of the third degree
punishable by a fine of $3,000 in the case of a second or
subsequent conviction.
Section 7. Municipal administration and enforcement.
(a) General rule.--A municipality may, by resolution,
administer and enforce the provisions of this act.
(b) Construction.--Nothing in this act shall be construed to
prevent a municipality from adopting, by resolution, equal or
more stringent requirements relating to carbon monoxide alarms.
Section 8. Effective date.
This act shall take effect in 120 days.
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