BILL NUMBER: SB 1386 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2008
INTRODUCED BY Senator Lowenthal
(Principal coauthor: Assembly Member Garcia)
(Coauthor: Senator Wiggins)
(Coauthors: Assembly Members Mullin and Saldana)
FEBRUARY 21, 2008
An act to add Chapter 8 (commencing with Section 13260) to Part 2
of Division 12 of the Health and Safety Code, relating to carbon
monoxide.
LEGISLATIVE COUNSEL'S DIGEST
SB 1386, as amended, Lowenthal. Carbon monoxide.
(1) Existing law requires the State Fire Marshal to adopt
regulations and standards regarding the quality and installation of
burglar bars and safety release mechanisms for emergency escape and
rescue windows, the approval and installation of smoke detectors, and
the approval of portable fire extinguishers for marketing,
distribution, and sale in this state. Existing law requires a smoke
detector approved and listed by the State Fire Marshal to be
installed in a dwelling unit intended for human occupancy. Existing
law also requires the transferor of real property containing a
single-family dwelling to provide transferees written notice of
compliance with specified requirements for the installation of smoke
detectors.
This bill would additionally require the State Fire Marshal to
approve carbon monoxide alarms devices
for the use in dwelling units intended for human occupancy, as
defined. The bill would require a carbon monoxide alarm
device to be installed in a dwelling unit
intended for human occupancy, as specified. The bill would
generally provide that a violation of these provisions is an
infraction punishable by a maximum fine of $200 for each offense
; however, a resident of a single-family dwelling would receive a
30-day notice to correct prior to being assessed a fine . By
creating a new crime, this bill would create a state-mandated local
program.
This bill would require an owner of a dwelling unit intended for
human occupancy who rents or leases space to a tenant to test and
maintain carbon monoxide alarms devices
in that dwelling unit. The bill would also permit the owner to enter
that dwelling unit to install, repair, test, and maintain carbon
monoxide alarms devices , as specified.
The bill would further require, on and after June
July 1, 2009, the transferor of real property
containing a single-family dwelling any single-family
home, factory-built home, condominium, duplex, stock cooperative
unit, or time-share unit to provide transferees written notice
of compliance with specified requirements for the installation of
carbon monoxide alarms devices , as
specified. The bill would permit require
the State Fire Marshal to adopt regulations and standards
regarding the quality and installation of carbon monoxide
alarms devices and to develop a process to
approve and list carbon monoxide devices , as specified. The
bill would also make related legislative findings and declarations.
(2) 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. Chapter 8 (commencing with Section 13260) is added to
Part 2 of Division 12 of the Health and Safety Code, to read:
CHAPTER 8. CARBON MONOXIDE POISONING PREVENTION ACT OF 2008
13260. This chapter shall be known and may be cited as the Carbon
Monoxide Poisoning Prevention Act of 2008.
13261. The Legislature finds and declares all of the following:
(a) According to the Centers for Disease Control and Prevention,
carbon monoxide is the leading cause of accidental poisoning deaths
in the United States. Each year carbon monoxide kills more than 2,000
people and injures another 15,000 people nationwide.
(b) According to the United States Environmental Protection
Agency, a person cannot see or smell carbon monoxide, but at high
levels carbon monoxide can kill a person in minutes. Carbon monoxide
is produced whenever any fuel, such as gas, oil, kerosene, wood, or
charcoal, is burned.
(b)
(c) The State Air Resources Board estimates that every
year carbon monoxide accounts for between 30 and 40 avoidable deaths,
possibly thousands of avoidable illnesses, and between 175 and 700
avoidable emergency room and hospital visits.
(c)
(d) There are well-documented chronic health effects of
acute carbon monoxide poisoning or prolonged exposure to carbon
monoxide, including, but not limited to, lethargy, headaches,
concentration problems, amnesia, psychosis, Parkinson's disease,
memory impairment, and personality alterations.
(d)
(e) Experts estimate that equipping every home with
two carbon monoxide alarms a carbon monoxide
device would cut accident related costs by 93 percent.
Fifteen Sixteen states and a number of large
cities have already passed laws mandating the use of carbon monoxide
alarms devices .
(e)
(f) Carbon monoxide alarms
devices provide a vital, highly effective, and low-cost
protection against carbon monoxide poisoning that should be made
available to every home in California.
13262. For purposes of this chapter, the following definitions
shall apply:
(a) "Carbon monoxide alarm" device"
means a device that meets all of the following requirements:
(1) A device designed to detect carbon monoxide and produce a
distinct, audible alarm.
(2) A device that is battery powered, a plug-in device with
battery backup, or a device installed as recommended by
Standard 720 of the National Fire Protection Association that is
either wired into the alternating current power line of the
dwelling unit with a secondary battery backup or connected to a
system via a panel .
(3) If the device is combined with a smoke detector, the combined
device shall comply with all of the following:
(A) The standards that apply to carbon monoxide alarms as
described in this chapter.
(B) The standards that apply to smoke detectors, as described in
Section 13113.7.
(C) The combined device emits an alarm or voice warning in a
manner that clearly differentiates between a carbon monoxide alarm
warning and a smoke detector warning.
(4) The device is listed by a nationally recognized, independent,
not-for-profit product safety testing and certification laboratory as
conforming to the most recent standards set forth in Underwriters'
Laboratories Inc., Standard UL 2034, or the Canadian Standard
Association, Standard CSA 6.19.01.
(4) The device has been tested and certified, pursuant to the
requirements of the American National Standards Institute (ANSI) and
Underwriters' Laboratories Inc. (UL) as set forth in either ANSI/UL
2034 or ANSI/UL 2075, by a nationally recognized testing laboratory
listed in the directory of approved testing laboratories established
by the Building Materials Listing program of the Fire Engineering
Division of the Office of the State Fire Marshal of the Department of
Forest and Fire Protection.
(b) "Dwelling unit intended for human occupancy" includes a
single-family dwelling, factory-built home as defined in Section
19971, duplex, lodging house, dormitory, apartment complex, hotel,
motel, condominium, stock cooperative, time-share project, or
dwelling unit of a multiple-unit dwelling complex.
(c) "Fossil fuel" means coal, kerosene, oil, wood, fuel gases, and
other petroleum or hydrocarbon products, which emit carbon monoxide
as a byproduct of combustion.
13263. (a) A carbon monoxide alarm device
, approved and listed by the State Fire Marshal pursuant to
Section 13266, shall be installed, in accordance with the
manufacturer's instructions, in each dwelling intended for human
occupancy having a fossil fuel burning heater or appliance,
fireplace, or an attached garage, within the earliest applicable time
period as follows:
(1) For dwelling units intended for human occupancy, upon
the issuance of a certificate of occupancy, or an
owner's application or after June 1, 2009 ,
for a permit for alterations, repairs, or additions, exceeding one
thousand dollars ($1,000) , on or after June 1, 2009 .
(2) For dwelling units intended for human occupancy upon sale or
transfer on or after June 1, 2009.
(3)
(2) For all other dwelling units intended for human
occupancy on or after June before July
1, 2010.
(b) A (1) 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 resident of a single-family
dwelling shall receive a 30-day notice to correct prior to being
assessed a fine.
(c) A local ordinance requiring carbon monoxide alarms in
a single-family dwelling devices may be enacted
or amended if the ordinance is consistent with, and
satisfies the minimum requirements of , this chapter.
13264. (a) An owner of a dwelling unit intended for human
occupancy who rents or leases space to a tenant shall test and
maintain carbon monoxide alarms devices
in that dwelling unit.
(b) 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 carbon monoxide alarms devices
required by this section. Except in cases of emergency, the
owner or owner's agent shall give the tenants of each 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 the absence of evidence
to the contrary.
(c) The carbon monoxide alarm device
shall be operable at the time that the tenant takes possession.
A Notwithstanding subdivision (a), a
tenant shall be responsible for periodically testing the device
and for notifying the manager or owner if the tenant becomes
aware of an inoperable carbon monoxide alarm
device within his or her unit. The owner or authorized agent
shall correct any reported deficiencies in the carbon monoxide
alarm device and shall not be in
violation of this section for a deficient carbon monoxide
alarm device when he or she has not received
notice of the deficiency.
(d) 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 carbon monoxide alarm.
13265. (a) On and after June July 1,
2009, the transferor of any real property containing a
single-family dwelling, as described in subdivision (b) of Section
13262 single-family home, factory-built home,
condominium, duplex, stock cooperative unit, or time-share unit
, 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 chapter. 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.
(b) The transferor shall deliver the statement referred to in
subdivision (a) 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 of the Civil Code. For purposes of this
subdivision, "delivery" means delivery in person or by mail to the
transferee or transferor, or to a 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.
(c) This section does not apply to any of the following:
(1) Transfers that 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 a foreclosure sale after default, transfers by a
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.
(d) Liability shall not arise, and an action shall not be brought
or maintained against, an agent of a party to a transfer of title,
including a 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.
(e) 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.
(f) A transfer of title shall not 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 court costs
and attorney's fees.
13266. (a) (1) The State Fire Marshal, with
the advice of the State Board of Fire Services and the State Air
Resources Board, may adopt regulations and
shall adopt any regulations or standards as he or she may
determine to be necessary to control the quality and installation of
carbon monoxide alarms distributed, offered for sale, or
sold in this state. devices.
(2) The State Fire Marshal shall develop a process to approve
and list carbon monoxide devices.
(3) The State Fire Marshal shall be authorized to charge an
appropriate fee to the manufacturer of a carbon monoxide device to
cover the costs associated with the approval and listing of carbon
monoxide devices.
(b) Notwithstanding subdivision (a), a person shall not market,
distribute, offer for sale, or sell any carbon monoxide
alarms device in this state unless the
system or device has been approved and listed by the State
Fire Marshal.
(c) (1) On or before July 1, 2010, the owner of a dwelling unit
intended for human occupancy shall install a carbon monoxide device
that meets the quality and installation requirements imposed by this
section.
(2) If the State Fire Marshal adopts regulations or standards
after July 1, 2010, that modify the requirements imposed by this
section, the owner shall not be required to install a new device
meeting the requirements of those regulations or standards until the
owner makes application for a permit for alterations, repairs, or
additions to the owner's dwelling units, the cost of which will
exceed one thousand dollars ($1,000).
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.