PRIOR PRINTER'S NO. 463
PRINTER'S NO. 952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
494
Session of
2023
INTRODUCED BY McNEILL, MADDEN, SANCHEZ, SIEGEL, R. MACKENZIE,
DELLOSO, PROBST, ISAACSON, CIRESI, SCHLOSSBERG, HOWARD,
D. WILLIAMS, KINSEY, SAMUELSON, HILL-EVANS, FLEMING, HARKINS,
NEILSON, DEASY, WARREN, FREEMAN, FRANKEL, GAYDOS, SHUSTERMAN,
SCHWEYER, OTTEN, HANBIDGE, KHAN AND WAXMAN, MARCH 17, 2023
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 21, 2023
AN ACT
Providing standards for carbon monoxide alarms in child-care
facilities CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES;
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 in Child-Care Facilities CHILD CARE
CENTERS AND FAMILY CHILD CARE HOMES 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." The term includes:
(1) A single or multiple station carbon monoxide alarm
listed as complying with the Standard for Single and Multiple
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon
monoxide detector listed as complying with the Standard for
Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed
in accordance with this act.
(2) A device that may be combined with a smoke alarm or
smoke detector if the combined smoke alarm or smoke detector
meets all of the following:
(i) Complies with either of the following:
(A) The Standard for Single and Multiple Station
Carbon Monoxide Alarms (ANSI/UL2034) for carbon
monoxide alarms and the Standard for Single and
Multiple Station Smoke Alarms (ANSI/UL217) for smoke
alarms.
(B) The Standard for Gas and Vapor Detectors and
Sensors (ANSI/UL2075) for carbon monoxide detectors
and the Standard for Safety for Smoke Detectors for
Fire Alarm Systems (ANSI/UL268) for smoke detectors.
(ii) Emits an alarm in a manner that clearly
differentiates between detecting the presence of carbon
monoxide and the presence of smoke.
(3) A carbon monoxide detection system that includes
carbon monoxide detectors and audible notification appliances
that are installed and maintained in accordance with the
National Fire Alarm and Signaling Code (NFPA 72) and the
Standard for the Installation of Carbon Monoxide (CO)
Detection and Warning Equipment (NFPA 720) and are in
compliance with the Standard for Gas and Vapor Detectors and
Sensors (ANSI/UL2075).
"Child care." Care in lieu of parental care given for part
of the day to a child under 16 years of age away from their own
20230HB0494PN0952 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
home. The term does not include child care furnished in places
of worship during religious services.
"Child-care facility." Any of the following:
(1) A premises in which child care is provided for a
period exceeding 24 hours for a child under 16 years of age
who is not a relative of the operator and who is not
accompanied by a parent, individual standing in loco parentis
or legal guardian. For purposes of this paragraph, the term
does not include a premises selected for care of a child by a
parent, individual standing in loco parentis or legal
guardian for a period of 30 days or less or a facility
operated under social service auspices.
(2) A premises in which child care is provided
simultaneously for seven or more children who are not
relatives of the operator, except a facility operated under
social service auspices.
(3) A home where child care is provided at any time to
no less than four children and no more than six children who
are not relatives of the caregiver.
(4) A nursery school that is licensed and regulated by
the Commonwealth.
"CHILD CARE CENTER." AS DEFINED IN SECTION 1001 OF THE ACT
OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES
CODE.
"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE
COMMONWEALTH.
"FAMILY CHILD CARE HOME." AS DEFINED IN SECTION 1001 OF THE
HUMAN SERVICES CODE.
"Installed." A carbon monoxide alarm that is hardwired into
the electrical wiring, directly plugged into an electrical
20230HB0494PN0952 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
outlet without a switch, other than a circuit breaker, or, if
the alarm is battery-powered, attached to the wall or ceiling of
a unit of a child-care facility CHILD CARE CENTER OR FAMILY
CHILD CARE HOME, in accordance with the Standard for the
Installation of Carbon Monoxide (CO) Detection and Warning
Equipment (NFPA 720).
"Operational." Working and in service.
"Unit." A room or suite of two or more rooms that is
occupied as a residence, intended or designed to be occupied as
a residence, or is occupied by a client of a child-care facility
CHILD CARE CENTER OR FAMILY CHILD CARE HOME.
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.
Each building in which a child-care facility CHILD CARE
CENTER OR FAMILY CHILD CARE HOME is in operation, which uses a
fossil-fuel-burning heater or appliance, fireplace or an
attached garage, must have an operational, centrally located and
approved carbon monoxide alarm installed in the vicinity of the
fossil-fuel-burning heater or fireplace and in every unit that
is located on the same story as the fossil-fuel-burning heater
or appliance within 18 months of the effective date of this
section.
Section 5. Enforcement.
The Department of Human Services shall be authorized to take
enforcement action against a child-care facility for a violation
of section 4, including denying, refusing to renew, revoking or
20230HB0494PN0952 - 4 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
issuing a provisional license or other certificate.
THE DEPARTMENT MAY TAKE AN ENFORCEMENT ACTION AGAINST A CHILD
CARE CENTER OR FAMILY CHILD CARE HOME FOR A VIOLATION OF SECTION
4 IN ACCORDANCE WITH ARTICLES IX AND X OF THE ACT OF JUNE 13,
1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE, AND
APPLICABLE REGULATIONS.
SECTION 6. NOTICE.
WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT SHALL PROVIDE WRITTEN NOTICE OF THE REQUIREMENTS
UNDER THIS ACT TO EACH CHILD CARE CENTER OR FAMILY CHILD CARE
HOME.
Section 6 7. Effective date.
This act shall take effect in 90 days.
20230HB0494PN0952 - 5 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13