Pennsylvania HB 156: An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, providing for carbon monoxide alarm standards in child care centers and family child care homes.

Bill Text

PRIOR PRINTER'S NOS. 116, 1047 PRINTER'S NO. 1302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 156
Session of
2025
INTRODUCED BY McNEILL, CONKLIN, HILL-EVANS, PIELLI, GIRAL,
SCHLOSSBERG, HADDOCK, FREEMAN, HANBIDGE, PROBST, SANCHEZ,
MALAGARI, DONAHUE, NEILSON, SAMUELSON, HOWARD, CIRESI,
HOHENSTEIN, SHUSTERMAN, DALEY, DEASY, GREEN, CEPEDA-FREYTIZ,
CERRATO, ISAACSON, MAYES, FLEMING AND KHAN, JANUARY 16, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 8, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, providing for carbon monoxide alarm
standards in children's institution and family child care
homes.
AMENDING THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), ENTITLED "AN
ACT TO CONSOLIDATE, EDITORIALLY REVISE, AND CODIFY THE PUBLIC
WELFARE LAWS OF THE COMMONWEALTH," IN DEPARTMENTAL POWERS AND
DUTIES AS TO LICENSING, PROVIDING FOR CARBON MONOXIDE ALARM
STANDARDS IN CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 1017. Carbon Monoxide Alarm Standards in Children's
Institutions and Family Child Care Homes.--(a) Within eighteen
months of the effective date of this subsection, each building
in which a children's institution or family child care home is
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in operation, which uses a fossil-fuel-burning heater or
appliance, fireplace or attached garage, must have an
operational, centrally located and approved carbon monoxide
alarm that is installed:
(1) within fifteen feet of any fossil-fuel-burning heater or
appliance, fireplace or attached garage; and
(2) on every level of a children's institution or family
child care home.
(b) The department may take enforcement action against a
children's institution or family child care home for a violation
of subsection (a) in accordance with Article IX, this article
and applicable regulations.
(c) Within twelve months of the effective date of this
subsection, the department shall provide written notice of the
requirements under this section to each children's institution
or family child care home.
(d) Nothing in this section 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."
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Approved carbon monoxide alarm" means as defined in section
2 of the act of December 18, 2013 (P.L.1229, No.121), known as
the "Carbon Monoxide Alarm Standards Act."
"Children's institution" means a children's institution as
defined in section 901 that provides child care.
"Installed" means a carbon monoxide alarm that is hardwired
into the electrical wiring, directly plugged into an electrical
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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 children's institution or family child care home, in
accordance with the National Fire Alarm and Signaling Code (NFPA
72).
"Operational" means working and in service.
"Unit" means a room or suite of two or more rooms that is:
(1) occupied as a residence;
(2) intended or designed to be occupied as a residence; or
(3) is occupied by a client of a children's institution or
family child care home.
Section 2. This act shall take effect in 90 days.
SECTION 1. THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN
AS THE HUMAN SERVICES CODE, IS AMENDED BY ADDING A SECTION TO
READ:
SECTION 1017. CARBON MONOXIDE ALARM STANDARDS IN CHILD CARE
CENTERS AND FAMILY CHILD CARE HOMES.--(A) WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SUBSECTION, EACH BUILDING
IN WHICH A CHILD CARE CENTER OR FAMILY CHILD CARE HOME IS IN
OPERATION, WHICH USES A FOSSIL-FUEL-BURNING HEATER OR APPLIANCE,
FIREPLACE OR ATTACHED GARAGE, MUST HAVE AN OPERATIONAL,
CENTRALLY LOCATED AND APPROVED CARBON MONOXIDE ALARM THAT IS
INSTALLED:
(1) WITHIN FIFTEEN FEET OF ANY FOSSIL-FUEL-BURNING HEATER OR
APPLIANCE, FIREPLACE OR ATTACHED GARAGE; AND
(2) ON EVERY LEVEL OF A CHILD CARE CENTER OR FAMILY CHILD
CARE HOME.
(B) THE DEPARTMENT MAY TAKE ENFORCEMENT ACTION AGAINST A
CHILD CARE CENTER OR FAMILY CHILD CARE HOME FOR A VIOLATION OF
SUBSECTION (A) IN ACCORDANCE WITH ARTICLE IX, THIS ARTICLE AND
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APPLICABLE REGULATIONS.
(C) WITHIN TWELVE MO