BILL NUMBER: SB 1386 AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2008 AMENDED IN SENATE MARCH 26, 2008 INTRODUCED BY Senator Lowenthal (Principal coauthor: Assembly Member Garcia) (Coauthor: Senator Wiggins) (Coauthors: Assembly MembersMullinand SaldanaMullin, Saldana, and Wolk ) 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 devices for the use in dwelling units intended for human occupancy, as defined. The bill would require a carbon monoxide 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 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 devices, as specified. The bill would further require, on and after July 1, 2009, the transferor of 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 devices, as specified. The bill would require the State Fire Marshal to adopt regulations and standards regarding the quality and installation of carbon monoxide devices and to develop a process to approve and list carbon monoxide devices, as specified. The bill would authorize the State Fire Marshal 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. 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. (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. (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. (e) Experts estimate that equipping every home with a carbon monoxide device would cutaccident relatedaccident-related costs by 93 percent. Sixteen states and a number of large cities have already passed laws mandating the use of carbon monoxide devices. (f) Carbon monoxide 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 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 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 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 issuance of a certificate of occupancy, or an owner's application, for a permit for alterations, repairs, or additions, exceeding one thousand dollars ($1,000), on or afterJuneJuly 1, 2009. (2) For all other dwelling units intended for human occupancy on or before July 1, 2010. (b) (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 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 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 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 device shall be operable at the time that the tenant takes possession. 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 device within his or her unit. The owner or authorized agent shall correct any reported deficiencies in the carbon monoxide device and shall not be in violation of this section for a deficient carbon monoxide 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 monoxidealarmdevice . 13265. (a) On and after July 1, 2009, the transferor of any 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, shall adopt any regulations or standards as he or she may determine to be necessary to control the quality and installation of carbon monoxide 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 device in this state unless the 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 within an individual dwelling unit until the owner makes application for a permit for alterations, repairs, or additions tothe owner's dwelling unitsthat dwelling unit , 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.