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§ 7243. Facility powers and duties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 21, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 40C. Care Facility Carbon Monoxide Alarms Standards Act
Effective: September 21, 2016
35 P.S. § 7243
§ 7243. Facility powers and duties
Currentness
(a) Installation.--
(1) An approved carbon monoxide alarm at a care facility shall be installed in close proximity of, but not less than 15 feet from, any fossil fuel-burning device or appliance.
(2) If the approved carbon monoxide alarm cannot be heard by the staff on duty on a specific floor or wing of the facility, a single approved carbon monoxide alarm shall be installed where it can be heard by the staff on duty in addition to the alarm installed as directed under paragraph (1).
(3) If there are resident living units or bedrooms located between a fossil fuel burning appliance and any additional approved carbon monoxide alarm required under paragraph (2), a single additional approved carbon monoxide alarm shall be installed in a central location on the same level as the resident living units or bedrooms.
(b) Testing and replacement.--
(1) Carbon monoxide detectors and alarm systems installed at a care facility shall be tested and cleaned as indicated in the manufacturer's guidelines.
(2) If the unit operates by a battery, the battery may not be removed for any length of time beyond that necessary to change the battery.
(3) The battery shall be labeled with the date of installation and replaced at least once annually or at such time as the unit signals a drained or failing battery, whichever is sooner.
(c) Evacuation and alarm protocols.--
(1) In the event that an alarm installed in accordance with this section sounds, the care facility staff shall:
(i) Take immediate action to introduce fresh outside air into the care facility by opening available windows and doors, unless opening a specific door presents additional risk to resident safety.
(ii) Contact emergency services in accordance with the care facility's written policies and procedures relating to carbon monoxide alarms and evacuations.
(iii) Move residents to the nearest source of fresh outside air, account for all residents and remain with the residents until first responders arrive and assess the need for evacuation.
(iv) Evacuate residents when first responders consider an evacuation necessary.
(2) Nothing in this act shall be construed to require care facilities to conduct drills specific to carbon monoxide.
(d) Compliance.--Compliance with this act shall be assessed by the licensing agency with licensure responsibility for the care facility utilizing the standards set forth in this section during the initial issuance of a license or during the annual licensure renewal. All care facilities shall demonstrate compliance with this act and shall be verified at the care facility's renewal inspections following the effective date of this section.
(e) Liability exemption.--No care facility shall be liable for damages resulting from any of the following:
(1) A false alarm from an approved carbon monoxide alarm, if the approved carbon monoxide alarm was maintained by the care facility in accordance with subsection (b).
(2) Failure of an approved carbon monoxide alarm to operate properly, if that failure was the result of tampering with, or removal or destruction of, an approved carbon monoxide alarm by a person other than an employee of the care facility.
(3) Failure of an approved carbon monoxide alarm to operate properly if the failure is a result of a faulty alarm that was maintained by the care facility in accordance with subsection (b).

Credits

2016, June 23, P.L. 357, No. 48, § 3, effective in 90 days [Sept. 21, 2016].
35 P.S. § 7243, PA ST 35 P.S. § 7243
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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