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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CREIGHTON, MAY 13, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 13, 2009 |
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| AN ACT |
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1 | Amending the act of November 10, 1999 (P.L.491, No.45), entitled |
2 | "An act establishing a uniform construction code; imposing |
3 | powers and duties on municipalities and the Department of |
4 | Labor and Industry; providing for enforcement; imposing |
5 | penalties; and making repeals," providing for applicability |
6 | to structures housing bed and breakfasts. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of November 10, 1999 (P.L.491, No.45), |
10 | known as the Pennsylvania Construction Code Act, is amended by |
11 | adding a section to read: |
12 | Section 902.1. Applicability to structures housing bed and |
13 | breakfasts. |
14 | (a) Conversion requirements.--A private residence being |
15 | utilized for a bed and breakfast homestead or inn shall comply |
16 | with requirements set forth in this section. |
17 | (b) Accessibility requirement.--Except as otherwise provided |
18 | in this subsection, every story of a bed and breakfast homestead |
19 | or inn utilized for guest occupancy shall be provided with a |
20 | minimum of two exits and shall comply with the following: |
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1 | (1) A fire escape shall be accepted as providing one of |
2 | the required means of egress if it can safely be used under |
3 | emergency exiting conditions. All occupants shall have |
4 | unobstructed access to the fire escape without having to pass |
5 | through a room subject to locking. Access to a fire escape |
6 | shall be through a door, except that window access shall be |
7 | permitted from guest rooms. |
8 | (2) In buildings with a single exit, no additional exit |
9 | shall be required if the following conditions are met: |
10 | (i) at all locations in the story at the level of |
11 | discharge, the exit access travel distance shall not |
12 | exceed 75 feet; |
13 | (ii) except as otherwise provided in subparagraph |
14 | (iii), no part of the building open to guests shall be on |
15 | a floor that is more than 16 feet above exterior grade; |
16 | or |
17 | (iii) in buildings where guests do not have access |
18 | to rooms above the second story from floors that are more |
19 | than 16 feet above grade, where there are not more than |
20 | four guest rooms per floor and the exit access travel |
21 | distance does not exceed 50 feet, the exit shall be |
22 | enclosed with construction and opening protection |
23 | providing a one-hour fire-resistance rating. |
24 | (3) In bed and breakfast establishments having guest |
25 | rooms on the third floor the stairway requirements of |
26 | subsection (j) apply. |
27 | (4) In a building not meeting the requirements of |
28 | subsection (j), a second floor corridor exceeding eight feet |
29 | in length requires a one-hour barrier protecting only one |
30 | staircase if the following conditions are met: |
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1 | (i) each sleeping room has a window meeting the |
2 | minimum size requirements defined in subsection (t) and |
3 | having a sill height not more than 44 inches; |
4 | (ii) no second floor sleeping room is more than 16 |
5 | feet above grade; or |
6 | (iii) any second floor sleeping room more than 16 |
7 | feet above grade has direct access to a fire escape or |
8 | other approved secondary exit. |
9 | (c) Smoke detector requirement.--AC-powered interconnected |
10 | smoke detectors with battery back-up shall be installed in a bed |
11 | and breakfast homestead or inn and shall be in accordance with |
12 | the building subcode in the locations listed in this section. |
13 | Fixed temperature or rate-of-rise and fixed temperature heat |
14 | detectors may be substituted for smoke detectors in those |
15 | locations where frequent nuisance alarms would be likely to |
16 | occur. At least one portable visual alarm-type smoke detector |
17 | for the deaf or hearing-impaired shall be available. |
18 | Notification of the availability of such devices shall be |
19 | provided to each occupant. Installation shall be required: |
20 | (1) In all guest rooms, AC-powered interconnected smoke |
21 | detectors with battery back-up or battery powered smoke |
22 | detectors shall be installed. |
23 | (2) On each story in common areas. |
24 | (3) In basements and attics. |
25 | (d) Window requirement.--Every sleeping room of a bed and |
26 | breakfast homestead or inn shall be provided with a window |
27 | meeting the minimum size requirements defined in subsection (t) |
28 | and having a sill height of not more than 44 inches. Such window |
29 | shall have no obstacles placed in front of or around it that |
30 | will prevent egress, shall be easily released from from the |
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1 | inside, and shall contain no obstructions such as a grille or |
2 | screen. |
3 | (e) Corridor requirement.--Dead-end corridors in a bed and |
4 | breakfast homestead or inn shall not exceed 35 feet. |
5 | (f) Emergency lighting requirement.-- |
6 | (1) Emergency egress lighting shall be provided in a bed |
7 | and breakfast homestead or inn between all guest rooms and |
8 | emergency egress areas and shall be connected to an emergency |
9 | electrical system conforming to NFPA 70 to assure continued |
10 | illumination for a duration of not less than one hour, in |
11 | case of primary power loss, or this lighting may be self- |
12 | illuminating, in which case it shall be mounted at or near |
13 | floor level and shall not require an emergency electrical |
14 | system. |
15 | (2) In all buildings, rooms or spaces required to have |
16 | more than one exit or exit access, all required means of |
17 | egress shall be indicated either with approved self-luminous |
18 | signs, or with approved internally illuminated signs |
19 | connected to an emergency electrical system to assure |
20 | continued illumination for not less than one hour in case of |
21 | primary power loss. Exit signs shall not be required if the |
22 | second means of egress is a fire escape or through main |
23 | exterior doors that are obviously utilized for exits. |
24 | (3) A battery-powered handheld emergency light shall be |
25 | the minimum allowance available in each guest room. |
26 | (g) Door requirement.--Means of egress doors in a bed and |
27 | breakfast homestead or inn shall comply with the following: |
28 | (1) All doors opening into an exit stair shall be self- |
29 | closing or automatic-closing. |
30 | (2) All guest-room doors shall be at least equivalent to |
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1 | a 15-minute fire rating which may be achieved by various |
2 | options. Guest-room doors shall also be equipped with door |
3 | latches and shall be reasonably tight-fitting. Replacement |
4 | doors shall be equivalent to a 20-minute fire rating which |
5 | may be reached by various options. |
6 | (h) Handrail and guardrail requirements.--Existing handrails |
7 | and guardrails provided for stairways and open-sided floor areas |
8 | in a bed or breakfast homestead or inn shall be permitted to |
9 | remain in place, provided they are structurally sound. When |
10 | handrails or guardrails do not exist in locations where the |
11 | building code requires them, or where handrails or guardrails |
12 | are in danger of collapse when used under emergency conditions, |
13 | handrails and guardrails complying with the building subcode |
14 | shall be provided. |
15 | (i) Transom requirement.--Transoms in a bed and breakfast |
16 | homestead or inn shall be glazed with 1/4-inch wire glass set in |
17 | metal frames and permanently secured in the closed position and |
18 | may be provided from the interior of the room. Transoms may also |
19 | be sealed with materials consistent with the corridor |
20 | construction. |
21 | (j) Stairway requirement.--Interior stairways and other |
22 | vertical openings connecting more than six floor levels in a bed |
23 | and breakfast homestead or inn shall be enclosed with approved |
24 | assemblies having a two-hour fire-resistance rating. Those |
25 | connecting four to six floor levels shall be enclosed with |
26 | approved assemblies having a one-hour fire-resistance rating. A |
27 | minimum one-hour fire barrier shall be provided to protect all |
28 | interior stairways and other vertical openings not exceeding |
29 | three stories. Such fire barrier may be omitted provided that: |
30 | (1) the building is provided throughout with an approved |
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1 | automatic fire suppression system; |
2 | (2) buildings are protected throughout by an automatic |
3 | fire alarm system complying with the building subcode; or |
4 | (3) the following conditions are met: |
5 | (i) each sleeping room has an approved window with a |
6 | sill height of not more than 44 inches; |
7 | (ii) each sleeping room above the second floor is |
8 | approved with direct access to a fire escape or other |
9 | approved secondary exit; or |
10 | (iii) any exit-access corridor exceeding eight feet |
11 | in length which serves two means of egress, at least one |
12 | of which is an unprotected vertical opening, shall be |
13 | separated from the vertical opening by a one-hour fire |
14 | barrier. |
15 | (k) Separation and mixed occupancy requirement.--When a bed |
16 | and breakfast homestead or inn shares a structure with one or |
17 | more occupancy groups, as defined in 34 Pa. Code § 50.1 |
18 | (relating to occupancy groups), the structure shall be governed |
19 | in one of the following manners: |
20 | (1) When each occupancy is separated from other |
21 | occupancies by fire walls, each portion thus separated shall |
22 | be considered a separate building, and limitations for |
23 | separate buildings shall govern. |
24 | (2) Structures with multiple occupancies which are not |
25 | separated shall be considered mixed occupancies and shall be |
26 | governed by the most restrictive of the various limitations |
27 | of the occupancies. |
28 | (l) Hazard requirement.--Division D-H hazardous occupancies |
29 | shall not be permitted in a bed and breakfast homestead or inn. |
30 | (m) Travel distance to exit required.--Exits in a bed and |
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1 | breakfast homestead or inn shall be arranged so that the total |
2 | length of travel from any point to reach an exit shall not |
3 | exceed 200 feet. Exits shall be so arranged that one exit is not |
4 | more than 200 feet from another exit. |
5 | (n) Ramp requirement.-- |
6 | (1) A ramp in a bed and breakfast homestead or inn shall |
7 | be permitted as a means of egress when it conforms to the |
8 | following table: |
9 | Minimum clear width in inches | 40 inches | 10 | Maximum slope | 1 inch per foot (8.33%) | 11 | Maximum length between landings | 30 feet |
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12 | (2) Changes in direction of travel shall be made only at |
13 | landings. |
14 | (3) Ramps which connect two or more floor levels shall |
15 | comply with the same door, handrail or enclosure requirements |
16 | as stair towers. |
17 | (4) Sloped surfaces of less than 5% shall not be |
18 | considered ramps. |
19 | (o) Fire extinguisher requirement.--The following conditions |
20 | shall apply to a bed and breakfast homestead or inn: |
21 | (1) Fire extinguishers with a minimum 2-A rating shall |
22 | be provided. |
23 | (2) There shall be a minimum of one fire extinguisher |
24 | per floor including basement. |
25 | (3) Fire extinguishers shall be located so that it shall |
26 | not be necessary to travel more than 100 feet in any |
27 | direction to reach the nearest unit. |
28 | (4) A fire extinguisher with a minimum 10-B rating shall |
29 | be provided in each kitchen. |
30 | (5) Where fire extinguishers are installed in a closet |
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1 | or recessed in a wall or obscured from view, there shall be |
2 | provided adjacent thereto a self-luminous fire extinguisher |
3 | sign or a constant blue light of not less than 25-watt |
4 | capacity. |
5 | (p) Carbon monoxide requirement.--When a bed and breakfast |
6 | homestead or inn has a potential danger of carbon monoxide, |
7 | there shall be one carbon monoxide alarm per floor in a common |
8 | area. |
9 | (q) Certificate of occupancy.--A bed and breakfast homestead |
10 | or inn meeting the requirements of this act shall be entitled to |
11 | a certificate of occupancy for use group R-1. The certificate of |
12 | occupancy shall be subject to the condition that it be valid for |
13 | a bed and breakfast homestead or inn use only. |
14 | (r) Applicability.--This act shall not apply to bed and |
15 | breakfast homesteads or inns: |
16 | (1) For which certification has been obtained from the |
17 | Department of Labor and Industry or local municipality prior |
18 | to the effective date of this act. |
19 | (2) That accommodate fewer than seven or more than 16 |
20 | guests. |
21 | (3) That are considered to be historic properties as |
22 | defined in subsection (t). |
23 | (s) Enforcement.--The Department of Labor and Industry shall |
24 | be responsible for enforcing the provisions of this section. |
25 | (t) Definitions.--As used in this section, the following |
26 | words and phrases shall have the meanings given to them in this |
27 | subsection: |
28 | "Bed and breakfast homestead" or "bed and breakfast inn." A |
29 | private residence which accommodates 7 to 16 guests and is used |
30 | for providing overnight accommodations to the public and in |
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1 | which breakfast is the only meal served and is included in the |
2 | charge for the room. |
3 | "Division D-H hazardous occupancy." An occupancy involving |
4 | highly combustible, explosive or unstable products or materials |
5 | that constitute a special fire, life or toxic hazard because of |
6 | the forms, characteristics or volume of the materials used. |
7 | "Historic property." A property listed or determined |
8 | eligible for listing in the National Register of Historic |
9 | Places. |
10 | "NFPA 70." The National Electrical Code, as adopted by the |
11 | National Fire Protection Association, which sets forth standards |
12 | on the installation of electrical systems and equipment in |
13 | public and private buildings and other structures in order to |
14 | protect persons and property from the hazards arising from the |
15 | use of electricity. |
16 | "Required window size." A window having a minimum size of |
17 | four and one-half square feet with neither dimension smaller |
18 | than 20 inches. |
19 | Section 2. This act shall take effect in 60 days. |
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