Bill Text: NC H1140 | 2013-2014 | Regular Session | Amended
Bill Title: Amend Hotel Carbon Monoxide Alarm Requirement
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-06-04 - Ref To Com On Rules and Operations of the Senate [H1140 Detail]
Download: North_Carolina-2013-H1140-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 3
HOUSE BILL 1140*
Committee
Substitute Favorable 5/28/14
Third Edition Engrossed 6/3/14
|
Short Title: Amend Hotel Carbon Monoxide Alarm Requirement. |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
May 21, 2014
A BILL TO BE ENTITLED
AN ACT to amend the requirements for carbon monoxide alarms in hotels, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. Section 19(c) of S.L. 2013‑413 is repealed.
SECTION 2. Section 19(e) of S.L. 2013‑413 reads as rewritten:
"SECTION 19.(e) This section is effective when
it becomes law, except that (i) subsection (b) of this section becomes
effective October 1, 2013.2013, and expires October 1, 2014; and (ii)
subsection (c) of this section becomes effective October 1, 2014."
SECTION 3. G.S. 143‑138(b2) reads as rewritten:
"(b2) Carbon Monoxide Alarms.Detectors.
– The Code (i) may contain provisions requiring the installation of either
battery‑operated or electrical carbon monoxide alarmsdetectors
in every dwelling unit having a combustionfossil‑fuel burning
heater, appliance, or fireplace, and in any dwelling unit having an attached
garage and (ii) shall contain provisions requiring the installation of
electrical carbon monoxide alarmsdetectors at a lodging
establishment. Violations of this subsection and rules adopted pursuant to this
subsection shall be punishable in accordance with subsection (h) of this
section and G.S. 143‑139. In particular, the rules shall provide:
(1) For dwelling units, carbon monoxide alarmsdetectors
shall be those listed by a nationally recognized testing laboratory that is approvedOSHA-approved
to test and certify to American National Standards Institute/Underwriters
Laboratories Standards ANSI/UL2034 or ANSI/UL2075 and shall be installed in
accordance with either the standard of the National Fire Protection Association
or the minimum protection designated in the manufacturer's instructions, which
the property owner shall retain or provide as proof of compliance. A carbon
monoxide alarmdetector may be combined with smoke detectors if
the combined alarmdetector does both of the following: (i)
complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and
ANSI/UL217 for smoke detectors; and (ii) emits an alarm in a manner that
clearly differentiates between detecting the presence of carbon monoxide and
the presence of smoke.
(2) For lodging establishments, including tourist
homes that provide accommodations for seven or more continuous days (extended
stay establishments), and bed and breakfasts inns and bed and breakfast homes
as defined in G.S. 130A‑247, carbon monoxide alarmsdetectors
shall be installed in every dwelling unit or sleeping unitenclosed
space having a combustionfossil fuel burning heater,
appliance, or fireplace and in every dwelling unit or sleeping unitany
enclosed space, including a sleeping room, that shares a common wall,
floor, or ceiling with a roomwith an enclosed space having a combustionfossil
fuel burning heater, appliance, or fireplace. Carbon monoxide alarmsdetectors
shall be (i) listed by a nationally recognized testing laboratory that is approvedOSHA‑approved
to test and certify to American National Standards Institute/Underwriters
Laboratories (ANSI/UL) Standards ANSI/UL2034 or ANSI/UL2075, (ii)
installed in accordance with either the standard of the National Fire
Protection Association (NFPA) or the minimum protection designated in
the manufacturer's instructions, which the lodging establishment shall retain
or provide as proof of compliance, (iii) receive primary power from the
building's wiring, where such wiring is served from a commercial source, and
(iv) receive power from a battery when primary power is interrupted. A carbon
monoxide alarmdetector may be combined with smoke detectors if
the combined alarmdetector complies with the requirements of this
subdivision for carbon monoxide alarms and ANSI/UL217 for smoke alarms.detectors.
In lieu of the carbon monoxide alarms required by this subsection, a carbon monoxide
detection system, which includes carbon monoxide detectors and audible
notification appliances installed and maintained in accordance with NFPA 720,
shall be permitted. The carbon monoxide detectors shall be listed as complying
with ANSI/UL2075. For purposes of this subsection, "lodging
establishment" means any hotel, motel, tourist home, or other
establishment permitted under authority of G.S. 130A‑248 to provide
lodging accommodations for pay to the public,public. and "combustion
heater, appliance, or fireplace" means any heater, appliance, or fireplace
that burns combustion fuels, including, but not limited to, natural or
liquefied petroleum gas, fuel oil, kerosene, wood, or coal, for heating,
cooking, drying, or decorative purposes, including, but not limited to, space
heaters, wall and ceiling heaters, ranges, ovens, stoves, furnaces, fireplaces,
water heaters, and clothes dryers. For purposes of this subsection, candles and
canned fuels are not considered to be combustion appliances.
(3) The Building Code Council shall modify the NC State Building Code (Fire Prevention) to regulate the provisions of this subsection in new and existing lodging establishments, including hotels, motels, tourist homes that provide accommodations for seven or more continuous days (extended stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A‑247; provided nothing in this subsection shall prevent the Building Code Council from establishing more stringent rules regulating carbon monoxide alarms or detectors for new lodging establishments, including hotels, motels, tourist homes that provide accommodations for seven or more continuous days (extended stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A‑247. The Building Code Council shall modify the NC State Building Code (Fire Prevention) minimum inspection schedule to include annual inspections of new and existing lodging establishments, including hotels, motels, and tourist homes that provide accommodations for seven or more continuous days (extended stay establishments), and bed and breakfast inns and bed and breakfast homes as defined in G.S. 130A‑247 for the purpose of compliance with this subsection.
(4) Upon discovery of a violation of this subsection that poses an imminent hazard and that is not corrected during an inspection of a lodging establishment subject to the provisions of G.S. 130A‑248, the code official responsible for enforcing the NC State Building Code (Fire Prevention) shall immediately notify the local health director for the county in which the violation was discovered or his designee by verbal contact and shall also submit a written report documenting the violation of this subsection to the local health director for the county in which the violation was discovered or his designee on the next working day following the discovery of the violation. Within one working day of receipt of the written report documenting a violation of this subsection, the local health director for the county in which the violation was discovered or his designee shall investigate and take appropriate action regarding the permit for the lodging establishment, as provided in G.S. 130A‑248. Lodging establishments having five or more rooms that are exempted from the requirements of G.S. 130A‑248 by G.S. 130A‑250 shall be subject to the penalties set forth in the NC State Building Code (Fire Prevention).
(5) Upon discovery of a violation of this subsection that does not pose an imminent hazard and that is not corrected during an inspection of a lodging establishment subject to the provisions of G.S. 130A‑248, the owner or operator of the lodging establishment shall have a correction period of three working days following the discovery of the violation to notify the code official responsible for enforcing the NC State Building Code (Fire Prevention) verbally or in writing that the violation has been corrected. If the code official receives such notification, the code official may reinspect the portions of the lodging establishment that contained violations, but any fees for reinspection shall not exceed the fee charged for the initial inspection. If the code official receives no such notification, or if a reinspection discovers that previous violations were not corrected, the code official shall submit a written report documenting the violation of this subsection to the local health director for the county in which the violation was discovered or his designee within three working days following the termination of the correction period or the reinspection, whichever is later. The local health director shall investigate and may take appropriate action regarding the permit for the lodging establishment, as provided in G.S. 130A‑248. Lodging establishments having five or more rooms that are exempted from the requirements of G.S. 130A‑248 by G.S. 130A‑250 shall be subject to the penalties set forth in the NC State Building Code (Fire Prevention).
(6) The requirements of subdivisions (2) through (5) of this subsection shall not apply to properties subject to the provisions of either G.S. 42‑42 or G.S. 42A‑31."
SECTION 4. G.S. 130A‑248 reads as rewritten:
"§ 130A‑248. Regulation of food and lodging establishments.
…
(b) No establishment shall commence or continue
operation without a permit or transitional permit issued by the Department. The
permit or transitional permit shall be issued to the owner or operator of the
establishment and shall not be transferable. If the establishment is leased,
the permit or transitional permit shall be issued to the lessee and shall not
be transferable. If the location of an establishment changes, a new permit
shall be obtained for the establishment. A permit shall be issued only when the
establishment satisfies all of the requirements of the rules.rules
and the requirements of subsection (g) of this section. The Commission
shall adopt rules establishing the requirements that must be met before a
transitional permit may be issued, and the period for which a transitional permit
may be issued. The Department may also impose conditions on the issuance of a
permit or transitional permit in accordance with rules adopted by the
Commission. A permit or transitional permit shall be immediately revoked in
accordance with G.S. 130A‑23(d) for failure of the establishment to
maintain a minimum grade of C. A permit or transitional permit may otherwise be
suspended or revoked in accordance with G.S. 130A‑23.
…
(g) All hotels, motels, tourist homes, and other
establishments that provide lodging for pay shall comply with the
requirements of G.S. 143‑138(b2)(2). Upon notification of a
violation of G.S. 143‑138(b2)(2) by the code official responsible for
enforcing the NC State Building Code (Fire Prevention) in accordance with G.S. 143‑138(b2)(4),
the local health department is authorized to suspend a permit issued pursuant
to this section in accordance with G.S. 130A‑23.install
either a battery‑operated or electrical carbon monoxide detector in every
enclosed space having a fossil fuel burning heater, appliance, or fireplace and
in any enclosed space, including a sleeping room, that shares a common wall,
floor, or ceiling with an enclosed space having a fossil fuel burning heater,
appliance, or fireplace. Carbon monoxide detectors shall be listed by a
nationally recognized testing laboratory that is OSHA‑approved to test
and certify to American National Standards Institute/Underwriters Laboratories
Standards ANSI/UL2034 or ANSI/UL2075, and installed in accordance with either
the standard of the National Fire Protection Association or the minimum
protection designated in the manufacturer's instructions, which the
establishment shall retain or provide as proof of compliance. A carbon monoxide
detector may be combined with smoke detectors if the combined detector complies
with the requirements of this subdivision for carbon monoxide alarms and
ANSI/UL217 for smoke detectors."
SECTION 5. No later than March 31, 2015, the Building Code Council shall adopt a rule to amend the NC State Building Code (Fire Prevention) as it applies to structures required to comply with the provisions of G.S. 143-138(b2)(2) to adopt the standards for carbon monoxide alarms contained in the 2015 International Fire Code promulgated by the International Code Council. The effective date of the rule required by this section shall be no later than June 1, 2015.
SECTION 6. This act is effective when it becomes law.
