SB 256

                                                 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
7Carbon Monoxide Alarms (ANSI/UL2034) for carbon
8monoxide alarms and the Standard for Single and
9Multiple Station Smoke Alarms (ANSI/UL217) for smoke
10alarms.
11(B)   The Standard for Gas and Vapor Detectors and
12Sensors (ANSI/UL2075) for carbon monoxide detectors
13and the Standard for Safety for Smoke Detectors for
14Fire Alarm Systems (ANSI/UL268) for smoke detectors.
15(ii)    Emits an alarm in a manner that clearly
16differentiates between detecting the presence of carbon
17monoxide 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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