SB 256 — An Act providing for standards for carbon monoxide alarms in child care facilities; and imposing penalties.

PRINTER'S NO.    210

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 256
                                              Session of
                                                2025

     INTRODUCED BY FONTANA, HUGHES, LAUGHLIN, HAYWOOD, BROWN, COSTA,
        KANE, TARTAGLIONE, PENNYCUICK, COMITTA, SAVAL, SCHWANK, MUTH,
        FARRY AND SANTARSIERO, FEBRUARY 20, 2025

     REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 20, 2025


                                   AN ACT
 1   Providing for standards for carbon monoxide alarms in child care
 2      facilities; and imposing penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Carbon
 7   Monoxide Alarm Standards in Child Care Facilities Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Approved carbon monoxide alarm."   The term includes:
13          (1)   A single or multiple station carbon monoxide alarm
14      listed as complying with the Standard for Single and Multiple
15      Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon
16      monoxide detector listed as complying with the Standard for
17      Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed
 1      in accordance with this act.
 2          (2)   A device that may be combined with a smoke alarm or
 3      smoke detector if the combined smoke alarm or smoke detector
 4      meets all of the following:
 5                (i)    Complies with either of the following:
 6                       (A)   The Standard for Single and Multiple Station
 7                Carbon Monoxide Alarms (ANSI/UL2034) for carbon
 8                monoxide alarms and the Standard for Single and
 9                Multiple Station Smoke Alarms (ANSI/UL217) for smoke
10                alarms.
11                       (B)   The Standard for Gas and Vapor Detectors and
12                Sensors (ANSI/UL2075) for carbon monoxide detectors
13                and the Standard for Safety for Smoke Detectors for
14                Fire Alarm Systems (ANSI/UL268) for smoke detectors.
15                (ii)    Emits an alarm in a manner that clearly
16          differentiates between detecting the presence of carbon
17          monoxide and the presence of smoke.
18          (3)   A carbon monoxide detection system that includes
19      carbon monoxide detectors and audible notification appliances
20      that are installed and maintained in accordance with the
21      National Fire Alarm and Signaling Code (NFPA 72) and the
22      Standard for the Installation of Carbon Monoxide (CO)
23      Detection and Warning Equipment (NFPA 720) and are in
24      compliance with the Standard for Gas and Vapor Detectors and
25      Sensors (ANSI/UL2075).
26      "Child care."      Care in lieu of parental care given for part
27   of the day to a child under 16 years of age away from their own
28   home. The term does not include child care furnished in places
29   of worship during religious services.
30      "Child care facility."       Any of the following:

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 1          (1)   A premises in which child care is provided for a
 2      period exceeding 24 hours for a child under 16 years of age
 3      who is not a relative of the operator and who is not
 4      accompanied by a parent, individual standing in loco parentis
 5      or legal guardian. For purposes of this paragraph, the term
 6      does not include a premises selected for care of a child by a
 7      parent, individual standing in loco parentis or legal
 8      guardian for a period of 30 days or less or a facility
 9      operated under social service auspices.
10          (2)   A premises in which child care is provided
11      simultaneously for seven or more children who are not
12      relatives of the operator, except a facility operated under
13      social service auspices.
14          (3)   A home where child care is provided at any time to
15      no less than four children and no more than six children who
16      are not relatives of the caregiver.
17          (4)   A nursery school that is licensed and regulated by
18      the Commonwealth.
19      "Fossil fuel."   Coal, kerosene, oil, wood, fuel gases and
20   other petroleum or hydrocarbon products which emit carbon
21   monoxide as a by-product of combustion.
22      "Human Services Code."   The act of June 13, 1967 (P.L.31,
23   No.21), known as the Human Services Code.
24      "Installed."   A carbon monoxide alarm that is hardwired into
25   the electrical wiring, directly plugged into an electrical
26   outlet without a switch, other than a circuit breaker, or, if
27   the alarm is battery-powered, attached to the wall or ceiling of
28   a unit of a child care facility, in accordance with the Standard
29   for the Installation of Carbon Monoxide (CO) Detection and
30   Warning Equipment (NFPA 720).

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 1      "Operational."   Working and in service.
 2      "Unit."   A room or suite of two or more rooms that is
 3   occupied as a residence, intended or designed to be occupied as
 4   a residence, or is occupied by a client of a child care
 5   facility.
 6   Section 3.   Administration.
 7      Nothing in this act is intended to modify the authority and
 8   responsibilities of the Department of Labor and Industry under
 9   the act of November 10, 1999 (P.L.491, No.45), known as the
10   Pennsylvania Construction Code Act.
11   Section 4.   Carbon monoxide alarm requirements.
12      Each building in which a child care facility is in operation,
13   which uses a fossil-fuel-burning heater or appliance, fireplace
14   or an attached garage, must have an operational, centrally
15   located and approved carbon monoxide alarm installed in the
16   vicinity of the fossil-fuel-burning heater or fireplace and in
17   every unit that is located on the same story as the fossil-fuel-
18   burning heater or appliance within 18 months of the effective
19   date of this section.
20   Section 5.   Licensure.
21      (a)   General rule.--Except as provided under subsection (b),
22   the Department of Human Services may not issue or renew a
23   license for a child care facility supervised or licensed under
24   Article IX or X of the Human Services Code if the child care
25   facility fails to meet the requirements under section 4.
26      (b)   Provisional licensure.--If a child care facility
27   licensed under Article X of the Human Services Code is not in
28   compliance with the requirements of section 4, the Department of
29   Human Services may issue a provisional license in accordance
30   with section 1008 of the Human Services Code.

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1   Section 6.   Effective date.
2      This act shall take effect in 90 days.




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