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Pennsylvania Senate Bill 607

Discussion in 'Pennsylvania' started by Keystone, Dec 27, 2013.

  1. Keystone

    Keystone Sawhorse

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    http://legiscan.com/PA/text/SB607/2013

    Pennsylvania requiring smoke and carbon monoxide detectors in rentals and at point of resale, not part of building code.

    AN ACT

    1Providing standards for carbon monoxide alarms; and imposing

    2penalties.

    3The General Assembly of the Commonwealth of Pennsylvania

    4hereby enacts as follows:

    5Section 1. Short title.

    6This act shall be known and may be cited as the Carbon

    7Monoxide Alarm Standards Act.

    8Section 2. Definitions.

    9The following words and phrases when used in this act shall

    10have the meanings given to them in this section unless the

    11context clearly indicates otherwise:

    12"Apartment." A room or suite of two or more rooms, occupied

    13or leased for occupation, or intended or designed to be

    14occupied, as a domicile.

    15"Approved carbon monoxide alarm." The term includes:

    16(1) A single or multiple station carbon monoxide alarm

    17listed as complying with the Approved American

    1Standard for <-Single and Multiple Station Carbon Monoxide

    2Alarms (ANSI/UL2034) or a carbon monoxide detector listed as

    3complying with the Approved American National Standard for

    4Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed

    5in accordance with this act.

    6(2) A device that may be combined with a smoke alarm or

    7smoke detector if the combined smoke alarm or detector meets

    8all of the following:

    9(i) Complies with either of the following:

    10(A) The Approved American National Standard for

    <-11Single and Multiple Station Carbon Monoxide Alarms

    12(ANSI/UL2034) for carbon monoxide alarms and the

    13Approved American National Standard for Single and

    14Multiple Station Smoke Alarms (ANSI/UL217) for smoke

    15alarms.

    16(B) The Approved American National Standard for

    17Gas and Vapor Detectors and Sensors (ANSI/UL2075) for

    18carbon monoxide detectors and the Approved American

    19National Standard for Safety for <-Automotive Glass-

    20Tube Fuses <-Smoke Detectors for Fire Alarm Systems

    21(ANSI/UL268) for smoke detectors.

    22(ii) Emits an alarm in a manner that clearly

    23differentiates between detecting the presence of carbon

    24monoxide and the presence of smoke.

    25(3) A carbon monoxide detection system that includes

    26carbon monoxide detectors and audible notification appliances

    27that are installed and maintained in accordance with the

    28National Fire Alarm and Signaling Code (NFPA 72) and the

    29Standard for the Installation of Carbon Monoxide (CO)

    30Detection and Warning Equipment (NFPA 720) and are in

    1compliance with the Approved American National Standard for

    2Gas and Vapor Detectors and Sensors (ANSI/UL2075).

    3"Fossil fuel." Coal, kerosene, oil, wood, fuel gases and

    4other petroleum or hydrocarbon products which emit carbon

    5monoxide as a by-product of combustion.

    6"Installed." A carbon monoxide alarm that is hardwired into

    7the electrical wiring, directly plugged into an electrical

    8outlet without a switch, other than a circuit breaker, or, if

    9the alarm is battery-powered, attached to the wall or ceiling of

    10a residential building, an apartment or a multifamily dwelling,

    11in accordance with the Standard for the Installation of Carbon

    12Monoxide (CO) Detection and Warning Equipment (NFPA) 720.

    13"Multifamily dwelling." Any house or building, or portion

    14thereof, that is intended or designed to be occupied or leased

    15for occupation, or occupied as a home or residence for three or

    16more households living in separate apartments <-that they are, and

    17doing their cooking on the premises. <-The term excludes the

    18following:

    19(1) Dormitories.

    20(2) Monasteries.

    21"Operational." Working and in service.

    22"Residential building." Detached one-family and two-family

    23dwellings and multiple single-family dwellings which are not

    24more than three stories in height with a separate means of

    25egress, which includes accessory structures.

    26Section 3. Administration.

    27Nothing in this act is intended to modify the authority and

    28responsibilities of the Department of Labor and Industry under

    29the act of November 10, 1999 (P.L.491, No.45), known as the

    30Pennsylvania Construction Code Act.

    1Section 4. Carbon monoxide alarm requirements.

    2(a) Residential building.--Upon the sale of a residential

    3building, the seller shall disclose information regarding the

    4installation of carbon monoxide detectors on the property

    5disclosure statement required by 68 Pa.C.S. Ch. 73 (relating to

    6seller disclosures).

    7(b) Multifamily dwellings.--Each apartment in a multifamily

    8dwelling, which uses a fossil fuel-burning heater or appliance,

    9fireplace or an attached garage, must have an operational,

    10centrally located and approved carbon monoxide alarm installed

    11in the vicinity of the bedrooms and the fossil fuel-burning

    12heater or fireplace within <-one year 18 months of the effective

    13date of this act.

    14Section 5. Carbon monoxide alarm requirements in rental

    15properties.

    16(a) Owner responsibilities.--The owner of a multifamily

    17dwelling having a fossil fuel-burning heater or appliance,

    18fireplace or an attached garage used for rental purposes and

    19required to be equipped with one or more approved carbon

    20monoxide alarms shall:

    21(1) Provide and install an operational, centrally

    22located and approved carbon monoxide alarm in the vicinity of

    23the bedrooms and the fossil fuel-burning heater or fireplace.

    24(2) Replace, in accordance with this act, any approved

    25carbon monoxide alarm that has been stolen, removed, found

    26missing or rendered inoperable during a prior occupancy of

    27the rental property and which has not been replaced by the

    28prior occupant before the commencement of a new occupancy of

    29the rental property.

    30(3) Ensure that the batteries in each approved carbon

    1monoxide alarm are in operating condition at the time the new

    2occupant takes residence in the rental property.

    3(b) Maintenance, repair or replacement.--Except as provided

    4in subsection (a), the owner of a multifamily dwelling used for

    5rental purposes is not responsible for the maintenance, repair

    6or replacement of an approved carbon monoxide alarm or the care

    7and replacement of batteries while the building is occupied.

    8Responsibility for maintenance and repair of carbon monoxide

    9alarms shall revert to the owner of the building upon vacancy of

    10the rental property.

    11© Occupant responsibilities.--The occupant of each

    12multifamily dwelling used for rental purposes in which an

    13operational and approved carbon monoxide alarm has been provided

    14must:

    15(1) Keep and maintain the device in good repair.

    16(2) Test the device.

    17(3) Replace batteries as needed.

    18(4) Replace any device that is stolen, removed, missing

    19or rendered inoperable during the occupancy of the building.

    20(5) Notify the owner or the authorized agent of the

    21owner in writing of any deficiencies pertaining to the

    22approved carbon monoxide alarm.

    23Section 6. Enforcement.

    24Willful failure to install or maintain in operating condition

    25any approved carbon monoxide alarm required by this act is a

    26summary offense punishable by a fine of up to $50.

    27Section 7. Municipal requirements.

    28Nothing in this act shall be construed to prevent a

    29municipality from adopting, by resolution, equal or more

    30stringent requirements relating to carbon monoxide alarms.

    1Section 20. Effective date.

    2This act shall take effect immediately.
     
  2. jar546

    jar546 *****istrator

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    So, was it passed or under review and consideration?

    It just looks like more garbage, flawed legislation that has NO enforcement authority. More useless crap they did or will vote on.
     
  3. High Desert

    High Desert Gold Member

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    Oregon did that a few years back. we let the banks and realtors deal with it.
     
  4. Keystone

    Keystone Sawhorse

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    Jar, as I understand it, it Passed.

    One part that struck me is the requirement; "(2) (ii) Emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke".
     
  5. jar546

    jar546 *****istrator

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    Thank you for the heads up.

    Sounds like they want different noises for different situations, aka smoke and CO

    This bill has nothing to do with us under the UCC

    As usual, it is self regulated and will be reliant on realtors to ensure compliance with zero enforcement capability

    It may have good intent but as usual it is a flawed piece of sh!? put out by the Pennsylvania legislators.
     
  6. mjesse

    mjesse Sawhorse

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    There are a lot of those ;)

    Illinois has something similar on the books, has been for years.

    mj
     
  7. steveray

    steveray Sawhorse

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    Massachusetts has required upgrades at sale for years....CT is looking into something similar now....After last years fatal Stamford Christmas fire, they passed some crap that no one can enforce where the contractor has to install the smokes and CO's when he starts the work....Those ought to be good and full of dust by the end of the job, and then they will be the ones that stay to satisfy code.....
     
  8. RJJ

    RJJ Platinum Member

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    Yes it was passed! It will be another mess!
     
  9. Keystone

    Keystone Sawhorse

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    Understand not part of UCC, that part is clearly noted within the bill - glad to see.

    I do not recall running across a smoke/co detector which differs in noise/tone, anyone else?
     
  10. Mech

    Mech Sawhorse

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    Perhaps they were thinking ahead?
     

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