SB 439 — An Act providing standards for carbon monoxide alarms in child care facilities; and imposing penalties.

PRIOR PRINTER'S NO.

430 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1252439 THE2017 GENERALINTRODUCED ASSEMBLYBY OFFONTANA, PENNSYLVANIABREWSTER, SENATECOSTA, BILLHAYWOOD, SessionHUGHES ofAND No.BROWNE, FEBRUARY 27, 2017 REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 27, 2017 AN ACT Providing standards for carbon monoxide alarms in child care facilities;

439and 2017imposing INTRODUCEDpenalties. BY FONTANA, BREWSTER, COSTA, HAYWOOD, HUGHES AND BROWNE, FEBRUARY 27, 2017 SENATOR SCHWANK, HEALTH AND HUMAN SERVICES, AS AMENDED, OCTOBER 17, 2017 AN ACT Profacilities;

and imposing penalties.e alarms in child care The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

<-- (1) A boarding home for children as defined under section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

(2) A child day care center as defined under section 20170SB0439PN1252 - 2 - 1001 of the Human Services Code.

"CHILD20170SB0439PN0430 CARE."- CARE2 IN- LIEU(3) OF PARENTAL CARE GIVEN FOR PART <-- OF THE DAY TO A CHILDnursery UNDERschool 16that YEARSis OFlicensed AGEand AWAYregulated FROMby THEIRthe OWNCommonwealth. 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 CARE IS PROVIDED FOR A PERIOD EXCEEDING TWENTY-FOUR 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.

(3) (4) A nursery school that is licensed and regulated <-- by the Commonwealth.

"HUMAN"Installed." SERVICESA CODE."carbon THEmonoxide ACTalarm OFthat JUNEis 13,hardwired 1967into (P.L.31,the <--electrical NO.21),wiring, KNOWNdirectly ASplugged THEinto HUMANan SERVICESelectrical CODE.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, in accordance with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720).

"Installed." A carbon monoxide alarm that is hardwired into 20170SB0439PN1252 - 3 - the electrical wiring, directly plugged into an electrical 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, in accordance with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720).

(a) Child care facilities.--Each child care facilityfacility, EACH <-- BUILDING IN WHICH A CHILD CARE FACILITY 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 20170SB0439PN0430 - 3 - section.

(b) Maintenance, repair or replacement.--The owner of a <-- child care facility is responsible for providing for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries.

20170SB0439PN1252 - 4 - Section 5.

SECTION 5.

LICENSURE.

<-- (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), THE DEPARTMENT OF HUMAN SERVICES MAY NOT ISSUE OR RENEW A LICENSE FOR A CHILD CARE FACILITY SUPERVISED OR LICENSED UNDER ARTICLE IX OR X OF THE HUMAN SERVICES CODE IF THE CHILD CARE FACILITY FAILS TO MEET THE REQUIREMENTS UNDER SECTION 4.

(B) PROVISIONAL LICENSURE.--IF A CHILD CARE FACILITY LICENSED UNDER ARTICLE X OF THE HUMAN SERVICES CODE IS NOT IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 4, THE DEPARTMENT OF HUMAN SERVICES MAY ISSUE A PROVISIONAL LICENSE IN ACCORDANCE WITH SECTION 1008 OF THE HUMAN SERVICES CODE.

This act shall take effect immediatelyimmediately. IN 90 DAYS.

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