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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WASHINGTON, FERLO, WILLIAMS, STOUT, BROWNE AND KITCHEN, JANUARY 20, 2009 |
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| REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 20, 2009 |
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| AN ACT |
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1 | Providing for the requirement of carbon monoxide detectors. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Carbon |
6 | Monoxide Protection Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Apartment." A room or suite of two or more rooms occupied |
12 | or leased for occupation, or intended or designed to be |
13 | occupied, as a domicile. |
14 | "Department." The Department of Environmental Protection of |
15 | the Commonwealth. |
16 | "Dwelling." An apartment, hotel, multiple dwelling premises |
17 | or tenement building. |
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1 | "Hotel." |
2 | (1) The term includes: |
3 | (i) A hotel, motel, bed and breakfast, homestead, |
4 | inn, guest house or other structure, which holds itself |
5 | out by any means, including advertising, license, |
6 | registration with an innkeepers' group, convention |
7 | listing association, travel publication or similar |
8 | association or with a government agency, as being |
9 | available to provide overnight lodging or use of facility |
10 | space for consideration to persons seeking temporary |
11 | accommodation. |
12 | (ii) Any place which advertises to the public at |
13 | large or any segment thereof that it will provide beds, |
14 | sanitary facilities or other space for a temporary period |
15 | to members of the public at large, or any place |
16 | recognized as a hostelry. |
17 | (2) The term does not include any portion of a facility |
18 | that is devoted to persons who have an established permanent |
19 | residence or a college or university student residence hall |
20 | or any private campground or any cabins, public campgrounds |
21 | or other facilities located on State land. |
22 | "Multiple dwelling premises." Any area occupied by dwelling |
23 | units, appurtenances thereto, grounds and facilities which |
24 | dwelling units are intended or designed to be occupied or leased |
25 | for occupation, or actually occupied, as individual homes or |
26 | residences for three or more households. This term includes |
27 | mobile home parks. |
28 | "Secretary." The Secretary of Environmental Protection of |
29 | the Commonwealth. |
30 | "Tenement building." Any house or building, or portion |
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1 | thereof, which is intended or designed to be occupied or leased |
2 | for occupation, or actually occupied, as a home or residence for |
3 | three or more households living in separate apartments and where |
4 | cooking is done upon the premises. |
5 | Section 3. Requirements. |
6 | (a) General rule.--Every unit of a dwelling space in a |
7 | dwelling shall be equipped with one or more carbon monoxide |
8 | sensor devices that bear the label of a nationally recognized |
9 | testing laboratory and have been tested and listed as complying |
10 | with the Underwriters Laboratories standard 2034 or its |
11 | equivalent as approved by the department by regulation. |
12 | (b) Exemption.--A dwelling may be exempt from the general |
13 | rule in subsection (a) if it is determined that no potential |
14 | carbon monoxide hazard exists for that unit. Any such |
15 | determination shall be made upon application by the owner of the |
16 | dwelling in the manner prescribed by the department. |
17 | Section 4. Penalties. |
18 | (a) Administrative penalties.--The department may impose an |
19 | administrative penalty of $100 for each dwelling unit not in |
20 | compliance with the requirements of this act. |
21 | (b) Appeal process.--This section is subject to 2 Pa.C.S. |
22 | Chs. 5 Subch. A (relating to practice and procedure of |
23 | Commonwealth agencies) and 7 Subch. A (relating to judicial |
24 | review of Commonwealth agency action). |
25 | Section 5. Effective date. |
26 | This act shall take effect in 60 days. |
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