Bill Text: CA SB840 | 2011-2012 | Regular Session | Amended

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Bill Title: Health facilities: carbon monoxide detectors.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB840 Detail]

Download: California-2011-SB840-Amended.html

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BILL NUMBER: SB 840	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 28, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 18, 2011

   An act to add Section 1287 to the Health and Safety Code, relating
to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 840, as amended, Evans. Health facilities: carbon monoxide
detectors.
   Existing law provides for the licensure and regulation of health
facilities,  including, but not limited to, skilled nursing
facilities,  as defined, by the State Department of Public
Health. A violation of these provisions is a crime. 
   Existing law establishes the Office of Statewide Health Planning
and Development (OSHPD) and sets forth its powers and duties with
respect to health facility construction, health policy and planning,
and health professions development. 
   This bill would require an owner of a  skilled nursing
  specified health  facility to install prescribed
carbon monoxide devices in that facility  if it has a fossil
fuel burning appliance within the interior of the facility on or
before January 1, 2013   in or around areas that contain
a fossil fuel burning appliance within 180 days after regulations
are approved by the OSHPD  . This bill would require the
 department   OSHPD  to prescribe the
criteria for the number and placement of carbon monoxide devices in a
 skilled nursing  facility and to adopt and enforce
regulations prescribing building standards for the adequacy and
safety of  skilled nursing  facility physical plants
for these purposes. By expanding the scope of an existing crime,
this bill would impose a state-mandated local program.
   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 1287 is added to the Health and Safety Code, to
read: 
   1287.  (a) An owner of a skilled nursing facility shall install
carbon monoxide devices in the facility, that are approved and listed
by the State Fire Marshal pursuant to Section 13263, on or before
January 1, 2013. 
    1287.   (a) An owner of a health facility, as
defined in subdivision (c), (d), (e), (g), (h), (i), (k), or (m) of
Section 1250, shall install carbon monoxide devices, as defined in
Section 13262, in the facility in or around areas that contain a
fossil fuel burning appliance within 180 days after regulations are
approved by the Office of Statewide Health Planning and Development.

   (b)  The department   The   Office
of Statewide Health Planning and Development  shall prescribe
the criteria for the number and placement of carbon monoxide devices
in a  skilled nursing  facility  and shall
adopt and enforce   with a fossil fuel burning appliance
and shall adopt  regulations prescribing building standards for
the adequacy and safety of  skilled nursing 
facility physical plants for the purposes of this section. 
Battery-operated carbon monoxide devices shall be considered to meet
the requirements of this section and shall be maintained in operating
condition. 
   (c) A  skilled nursing  facility that does not
have a fossil fuel burning appliance within the interior of the
facility shall not be required to install carbon monoxide devices
pursuant to this  section. For   section. 
    (d)     For  purposes of this section,
"fossil fuel" means coal, kerosene, oil, wood, fuel gases, and other
petroleum or hydrocarbon products that emit carbon monoxide as a
byproduct of combustion.
  SEC. 2.  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.