Bill Text: CA SB1394 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dwelling safety: carbon monoxide and smoke detectors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-21 - Chaptered by Secretary of State. Chapter 420, Statutes of 2012. [SB1394 Detail]
Download: California-2011-SB1394-Amended.html
Bill Title: Dwelling safety: carbon monoxide and smoke detectors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-21 - Chaptered by Secretary of State. Chapter 420, Statutes of 2012. [SB1394 Detail]
Download: California-2011-SB1394-Amended.html
BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE APRIL 10, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2012
An act to amend Sections 13113.7, 13113.8, 13114, and 17926 of the
Health and Safety Code, relating to dwelling safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Lowenthal. Dwelling safety: carbon monoxide
and smoke detectors.
(1) Existing law provides that, subject to exceptions, a smoke
detector, approved and listed by the State Fire Marshal, as
specified, shall be installed, in accordance with the manufacturer's
instructions in each dwelling intended for human occupancy. Existing
law requires the owner of each dwelling unit subject to these
requirements to supply and install smoke detectors in the locations
and in the manner set forth in the manufacturer's instructions, as
approved by the State Fire Marshal's regulations, and further
requires, in the case of apartment complexes and other
multiple-dwelling complexes, that a smoke detector shall be installed
in the common stairwells. Existing law requires, for all dwelling
units intended for human occupancy, upon the owner's application on
or after January 1, 1985, for a permit for alterations, repairs, or
additions, exceeding $1,000, that a smoke detector be installed.
Existing law authorizes the State Fire Marshal to adopt regulations
exempting dwellings intended for human occupancy with fire sprinkler
systems from these provisions, as specified. Existing law requires
the owners of hotels, motels, lodging houses, apartment complexes,
and other multiple-dwelling complexes to test and maintain smoke
detectors, as specified. Existing law provides that a violation of
any of these provisions is an infraction.
This bill would provide that, for all dwelling units intended for
human occupancy for which a building permit is issued on or after
January 1, 2014, for alterations, repairs, or additions exceeding
$1,000, the permit issuer shall not sign off on the completion of
work until the permittee demonstrates that all smoke alarms required
for the dwelling unit are devices currently
approved and listed by the State Fire Marshal. The bill would provide
that a fire alarm system with smoke alarms
detectors installed in accordance with the State Fire Marshal's
regulations may be installed in lieu of , among other things,
the devices approved and listed by the State Fire Marshal
described above, as specified. The bill would delete the authority of
the State Fire Marshal to adopt regulations exempting dwellings
intended for human occupancy with fire sprinkler systems from the
above-described provisions. The bill would also delete the
requirement that the owner of each dwelling unit subject to the
above-described provisions must supply and install smoke detectors in
the locations and in the manner set forth in the manufacturer's
regulations. Instead, the bill would make owners of certain
multiple-dwelling complexes, as specified, responsible for testing
and maintaining alarms and, commencing January 1, 2014,
also require owners of single-family dwellings that are rented or
leased to be responsible for testing and maintaining smoke alarms, as
specified, except as provided. The bill would also
require the owner of a dwelling intended for human occupancy in which
one or more units is rented or leased to install additional smoke
alarms as needed to ensure that smoke alarms are located in
compliance with current building standards on or before January 1,
2016, as specified. The bill would expand the definition of "dwelling
units intended for human occupancy" for these purposes to include
factory-built housing, as defined. The bill would delete the
requirement that a smoke detector be installed in the common
stairwells of apartment complexes and other multiple-dwelling
complexes. The bill would, commencing January 1, 2014,
require owners of single-family dwellings that are rented or leased
to be responsible for testing and maintaining smoke alarms, as
specified.
By expanding the scope of provisions of law, the violation of
which is a crime, this bill would impose a state-mandated local
program.
(2) Existing law, subject to exceptions, requires that every
single-family dwelling and factory-built housing, as defined, which
is sold have an operable smoke detector that is approved and listed
by the State Fire Marshal and installed in accordance with the State
Fire Marshal's regulations.
This bill would additionally require that for all dwelling units
intended for human occupancy, upon the owner's application on or
after January 1, 2014, for a permit for alterations, repairs, or
additions, exceeding $1,000, all smoke alarms required for the
dwelling unit shall display the date of manufacture on the device,
provide a place on the device where the date of installation can be
written, incorporate a hush feature, incorporate an end-of-life
feature that provides notice that the device needs to be replaced,
and, if battery operated, contain a nonreplaceable, nonremovable
battery that is capable of powering the smoke alarm for a minimum of
10 years.
(3) Existing law provides that no person shall market, distribute,
offer for sale, or sell any fire alarm system or fire alarm device
in this state unless the system or device has been approved and
listed by the State Fire Marshal.
This bill would additionally provide that, commencing January 1,
2014, in order to be approved and listed by the State Fire Marshal, a
smoke alarm shall display the date of manufacture on the device,
provide a place on the device where the date of installation can be
written, incorporate a hush feature, incorporate an end-of-life
feature that provides notice that the device needs to be replaced,
and, if battery operated, contain a nonreplaceable, nonremovable
battery that is capable of powering the smoke alarm for a minimum of
10 years. The bill would authorize the State Fire Marshal to
create exceptions to the above-described provisions through its
regulatory process, as specified. The bill would also provide that if
the State Fire Marshal determines that a sufficient amount of tested
and approved smoke alarms are not available to property owners to
meet the requirements described above by January 1, 2014, the State
Fire Marshal may suspend enforcement of these provisions for a period
not to exceed 6 months, as specified. The bill would also
require the State Fire Marshal to approve the manufacturer's
instructions for each smoke alarm and to ensure that the instructions
are consistent with current building standard requirements for the
location and placement of smoke alarms.
(4) Existing law requires an owner of a dwelling unit intended for
human occupancy to install a carbon monoxide device in each existing
dwelling, as specified. Existing law requires the installation of
carbon monoxide devices in each existing single-family dwelling unit
by July 1, 2011, and all other dwelling units by January 1, 2013. The
State Housing Law creates standards for buildings used for human
habitation. A violation of that law is a crime. Existing law requires
an adopting agency or state agency that proposes new building
standards to submit those standards for review by the California
Building Standards Commission.
This bill would require the installation of carbon monoxide
devices in all existing hotel and motel dwelling units intended for
human occupancy by January 1, 2016. The bill would require the
Department of Housing and Community Development to adopt building
standards to implement those provisions by July 1, 2014. Because the
violation of a building standard is a crime, the bill would impose a
state-mandated local program.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13113.7 of the Health and Safety Code is
amended to read:
13113.7. (a) (1) Except as otherwise provided in this section,
smoke alarms, approved and listed by the State Fire Marshal pursuant
to Section 13114 at the time of installation, shall be installed, in
accordance with the manufacturer's instructions in each dwelling
intended for human occupancy.
(2) For all dwelling units intended for human occupancy for which
a building permit is issued on or after January 1, 2014, for
alterations, repairs, or additions exceeding one thousand dollars
($1,000), the permit issuer shall not sign off on the completion of
work until the permittee demonstrates that all smoke alarms required
for the dwelling unit are devices currently
approved and listed by the State Fire Marshal pursuant to Section
13114.
(3) However, if any local rule, regulation, or ordinance, adopted
prior to January 1, 1987, requires installation in a dwelling unit
intended for human occupancy of smoke alarms which receive their
power from the electrical system of the building and requires
compliance with the local rule, regulation, or ordinance at a date
subsequent to the dates specified in this section, the compliance
date specified in the rule, regulation, or ordinance shall, but only
with respect to the dwelling units specified in this section, take
precedence over the date specified in this section.
(4) Unless prohibited by local rules, regulations, or ordinances,
a battery-operated smoke alarm, which otherwise met the standards
adopted pursuant to Section 13114 for smoke alarms at the time of
installation, satisfies the requirements of this section.
(5) A fire alarm system with smoke alarms
detectors installed in accordance with the State Fire Marshal's
regulations may be installed in lieu of smoke alarms required
pursuant to paragraph (1) or (2) of this subdivision, or
paragraph (3) of subdivision (d) .
(b) "Dwelling units intended for human occupancy," as used in this
section, includes a one- or two-unit dwelling, lodging house,
apartment complex, hotel, motel, condominium, stock cooperative,
time-share project, or dwelling unit of a multiple-unit dwelling
complex, or factory-built housing as defined in Section 19971. For
the purpose of this part, "dwelling units intended for human
occupancy" does not include manufactured homes as defined in Section
18007, mobilehomes as defined in Section 18008, and commercial
coaches as defined in Section 18001.8.
(c) All fire alarm warning systems supplemental to the smoke alarm
shall also be listed by the State Fire Marshal.
(d)
(c) A high-rise structure, as defined in subdivision
(b) of Section 13210 and regulated by Chapter 3 (commencing with
Section 13210), and which is used for purposes other than as dwelling
units intended for human occupancy, is exempt from the requirements
of this section.
(e)
(d) (1) The owner shall be responsible for testing and
maintaining alarms in hotels, motels, lodging houses, apartment
complexes, and other multiple-dwelling complexes in which units are
neither rented nor leased.
(2) The owner of a hotel, motel, lodging house, apartment complex,
or other multiple-dwelling complex in which units are rented or
leased, and commencing January 1, 2014, the owner of a single-family
dwelling that is rented or leased, shall be responsible for testing
and maintaining alarms required by this section as follows:
(A) An owner or the owner's agent may enter any dwelling unit,
efficiency dwelling unit, guest room, and suite owned by the owner
for the purpose of installing, repairing, testing, and maintaining
single station smoke alarms required by this section. Except in cases
of emergency, the owner or owner's agent shall give the tenants of
each such unit, room, or suite reasonable notice in writing of the
intention to enter and shall enter only during normal business hours.
Twenty-four hours shall be presumed to be reasonable notice in
absence of evidence to the contrary.
(B) At the time that a new tenancy is created, the owner shall
ensure that smoke alarms are operable. The tenant shall be
responsible for notifying the manager or owner if the tenant becomes
aware of an inoperable smoke alarm within his or her unit. The owner
or authorized agent shall correct any reported deficiencies in the
smoke alarm and shall not be in violation of this section for a
deficient smoke alarm when he or she has not received notice of the
deficiency.
(3) On or before January 1, 2016, the owner of a dwelling unit
intended for human occupancy in which one or more units is rented or
leased shall install additional smoke alarms, as needed, to ensure
that smoke alarms are located in compliance with current building
standards. Existing alarms need not be replaced unless the alarm is
inoperable. New smoke alarms installed in compliance with current
building standards may be battery operated provided the alarms have
been approved by the State Fire Marshal for sale in the state.
This paragraph shall not apply to fire alarm systems with smoke
detectors, fire alarm devices that connect to a panel, or other
devices that use a low-power radio frequency wireless communication
signal.
(f)
(e) A violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.
(g)
(f) This section shall not affect any rights which the
parties may have under any other provision of law because of the
presence or absence of a smoke alarm.
SEC. 2. Section 13113.8 of the Health and Safety Code is amended
to read:
13113.8. (a) On and after January 1, 1986, every single-family
dwelling and factory-built housing, as defined in Section 19971,
which is sold shall have an operable smoke alarm. At the time of
installation, the alarm shall be approved and listed by the State
Fire Marshal and installed in accordance with the State Fire Marshal'
s regulations. Unless prohibited by local rules, regulations, or
ordinances, a battery-operated smoke alarm that met the standards
adopted pursuant to Section 13114 for smoke alarms at the time of
installation shall be deemed to satisfy the requirements of this
section.
(b) On and after January 1, 1986, the transferor of any real
property containing a single-family dwelling, as described in
subdivision (a), whether the transfer is made by sale, exchange, or
real property sales contract, as defined in Section 2985 of the Civil
Code, shall deliver to the transferee a written statement indicating
that the transferor is in compliance with this section. The
disclosure statement shall be either included in the receipt for
deposit in a real estate transaction, an addendum attached thereto,
or a separate document.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title
in the case of a sale or exchange, or prior to execution of the
contract where the transfer is by a real property sales contract, as
defined in Section 2985. For purposes of this subdivision, "delivery"
means delivery in person or by mail to the transferee or transferor,
or to any person authorized to act for him or her in the
transaction, or to additional transferees who have requested delivery
from the transferor in writing. Delivery to the spouse of a
transferee or transferor shall be deemed delivery to a transferee or
transferor, unless the contract states otherwise.
(d) This section does not apply to any of the following:
(1) Transfers which are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers pursuant to a writ of execution, transfers by a
trustee in bankruptcy, transfers by eminent domain, or transfers
resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale.
(4) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers from one coowner to one or more coowners.
(6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
(7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation, or from
a property settlement agreement incidental to either of those
decrees.
(8) Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(9) Transfers under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6
of Division 1 of the Revenue and Taxation Code.
(e) No liability shall arise, nor any action be brought or
maintained against, any agent of any party to a transfer of title,
including any person or entity acting in the capacity of an escrow,
for any error, inaccuracy, or omission relating to the disclosure
required to be made by a transferor pursuant to this section.
However, this subdivision does not apply to a licensee, as defined in
Section 10011 of the Business and Professions Code, where the
licensee participates in the making of the disclosure required to be
made pursuant to this section with actual knowledge of the falsity of
the disclosure.
(f) Except as otherwise provided in this section, this section
shall not be deemed to create or imply a duty upon a licensee, as
defined in Section 10011 of the Business and Professions Code, or
upon any agent of any party to a transfer of title, including any
person or entity acting in the capacity of an escrow, to monitor or
ensure compliance with this section.
(g) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees.
(h) Local ordinances requiring smoke alarms in single-family
dwellings may be enacted or amended. However, the ordinances shall
satisfy the minimum requirements of this section.
(i) For the purposes of this section, "single-family dwelling"
includes a one- or two-unit dwelling, but does not include a
manufactured home as defined in Section 18007, a mobilehome as
defined in Section 18008, or a commercial coach as defined in Section
18001.8.
SEC. 3. Section 13114 of the Health and Safety Code is amended to
read:
13114. (a) The State Fire Marshal, with the advice of the State
Board of Fire Services, shall adopt regulations and standards as he
or she may determine to be necessary to control the quality and
installation of fire alarm systems and fire alarm devices marketed,
distributed, offered for sale, or sold in this state.
(b) (1) No person shall market, distribute, offer for sale, or
sell any fire alarm system or fire alarm device in this state unless
the system or device has been approved and listed by the State Fire
Marshal.
(2) (A) Commencing January 1, 2014, in order
to be approved and listed by the State Fire Marshal, a smoke alarm
shall display the date of manufacture on the device, provide a place
on the device where the date of installation can be written,
incorporate a hush feature, incorporate an end-of-life feature that
provides notice that the device needs to be replaced, and, if battery
operated, containa nonreplaceable, nonremovable battery that is
capable of powering the smoke alarm for a minimum of 10 years.
(B) The State Fire Marshal shall have the authority to create
exceptions to this paragraph through its regulatory process. The
exceptions that may be considered as part of the regulatory process
shall include, but are not limited to, fire alarm systems with smoke
detectors, fire alarm devices that connect to a panel, or other
devices that use a low-power radio frequency wireless communication
signal.
(3) The State Fire Marshal shall approve the manufacturer's
instructions for each smoke alarm and shall ensure that the
instructions are consistent with current building standard
requirements for the location and placement of smoke alarms.
(4) If the State Fire Marshal determines that a sufficient amount
of tested and approved smoke alarms are not available to property
owners to meet the requirements of this article as of January 1,
2014, the State Fire Marshal may suspend enforcement of the
requirements described in paragraph (2) for a period not to exceed
six months. If the State Fire Marshal elects to suspend enforcement
of these requirements, the department shall notify the Secretary of
State of its decision and shall post a public notice that describes
its finding and decision on its Internet Web site.
(c) (1) The State Fire Marshal shall convene a working group to
address the issues specified in paragraph (2), made up of the
following representatives to the extent they are willing to
participate:
(A) Representatives of at least four manufacturers of fire alarm
devices or systems whose products are currently listed pursuant to
this section and whose names are provided to the State Fire Marshal
as manufacturer representatives by the National Electrical
Manufacturers Association.
(B) A fire protection engineer who is not associated with the
State Fire Marshal's Office.
(C) Staff from the State Fire Marshal's Office for consultation
purposes, as determined by the State Fire Marshal.
(D) Representatives of four local fire marshals with experience in
building plan checking and code compliance.
(E) A representative of a nationally recognized testing
laboratory.
(F) The State Fire Marshal or his or her designee.
(2) (A) Giving due consideration to public safety issues, the
working group shall develop a process for listing of fire alarms and
safety devices by the State Fire Marshal. Listing shall be approved
upon receipt of certification of the fire alarm by a State Fire
Marshal approved nationally recognized testing laboratory. All
appropriate fees associated with the building materials listing
application must be received by the Office of the California State
Fire Marshal prior to approval.
(B) Implementation of the process developed pursuant to
subparagraph (A) of paragraph (2) of subdivision (c) shall be through
administrative action or legislative action in the regular session
commencing December 4, 2006, and shall go into effect no later than
January 1, 2008.
(3) (A) The State Fire Marshal shall appoint the members of the
working group no later than October 1, 2006, and shall convene the
first meeting of the working group no later than November 1, 2006.
(B) The State Fire Marshal shall approve the revised process no
later than March 30, 2007.
(C) Nothing in this section shall preclude the State Fire Marshal
and representatives of the manufacturer of the fire alarm safety
devices from convening in an ad hoc working group in advance of the
effective date of this statute.
SEC. 4. Section 17926 of the Health and Safety Code is amended to
read:
17926. (a) An owner of a dwelling unit intended for human
occupancy shall install a carbon monoxide device, approved and listed
by the State Fire Marshal pursuant to Section 13263, in each
existing dwelling unit having a fossil fuel burning heater or
appliance, fireplace, or an attached garage, within the earliest
applicable time period as follows:
(1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2011.
(2) For all existing hotel and motel dwelling units intended for
human occupancy on or before January 1, 2016.
(3) For all other existing dwelling units intended for human
occupancy on or before January 1, 2013.
(b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's instructions,
if it is technically feasible to do so.
(c) (1) Notwithstanding Section 17995, and except as provided in
paragraph (2), a violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.
(2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2).
(d) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.
(e) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
(f) On or before July 1, 2014, the department shall submit for
adoption and approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5, building standards for the installation of carbon
monoxide detectors in hotel and motel dwelling units intended for
human occupancy. In developing these standards, the department shall
do both of the following:
(1) Convene and consult a stakeholder group that includes members
with expertise in multifamily dwellings, lodging, maintenance, and
construction.
(2) Review and consider the most current national codes and
standards available related to the installation of carbon monoxide
detection.
(g) For purposes of this section and Section 17926.1, "dwelling
unit intended for human occupancy" has the same meaning as that term
is defined in Section 13262.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
