BILL NUMBER: SB 1386 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2008
PASSED THE ASSEMBLY AUGUST 15, 2008
AMENDED IN ASSEMBLY AUGUST 12, 2008
AMENDED IN ASSEMBLY AUGUST 4, 2008
AMENDED IN ASSEMBLY JULY 14, 2008
AMENDED IN ASSEMBLY JUNE 24, 2008
AMENDED IN SENATE MAY 27, 2008
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 Members Mullin, Saldana, Swanson, and Wolk)
FEBRUARY 21, 2008
An act to amend Sections 1102.6 and 1102.6d of the Civil Code, and
to amend Sections 13113.8 and 19211 of, to add Sections 17926,
17926.1, 17926.2, and 17926,3 to, and to to add Chapter 8 (commencing
with Section 13260) to Part 2 of Division 12 of, the Health and
Safety Code, relating to residential building safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1386, Lowenthal. Residential building safety.
(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 instead require the transferor to disclose to the
prospective purchaser the transferor's compliance with that
provision, as specified.
The State Housing Law creates standards for buildings used for
human habitation. A violation of that law is a misdemeanor.
This bill would require the State Fire Marshal to certify and
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, and would generally provide that a
violation of these provisions is an infraction punishable by a
maximum fine of $200 for each offense, but the bill would require
that a property owner receive a 30-day notice to correct. By creating
a new crime, this bill would create a state-mandated local program.
This bill would require an owner or the owner's agent of a
dwelling unit intended for human occupancy who rents or leases space
to a tenant to maintain carbon monoxide devices in that dwelling
unit. The bill would also permit the owner or the owner's agent to
enter that dwelling unit to install, repair, test, and maintain
carbon monoxide devices, as specified. The bill would further
require, effective 2 years after the adoption of the 2010 edition of
the California Building Standards Code, the transferor of any
single-family dwelling to provide a written disclosure to the
prospective purchaser of the transferor's compliance with specified
requirements for the installation of carbon monoxide devices, as
specified.
The bill would require the Department of Housing and Community
Development, after consultation with the State Fire Marshal, to
develop and propose building standards consistent with the bill's
provisions, as specified. The bill would require 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 and the costs of the Department of
Housing and Community Development for the development and proposal
of building standards. The bill would also make related legislative
findings and declarations.
(2) Existing law requires all new and replacement water heaters,
and all existing residential water heaters, to be braced, anchored,
or strapped to resist falling or horizontal displacement due to
earthquake motion. Existing law also requires the seller of any real
property containing a water heater to certify in writing to the
prospective purchaser that this provision has been complied with.
This bill would instead require the transferor of any real
property containing a water heater to certify that compliance in
writing to the prospective purchaser, as specified.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1102.6 of the Civil Code is amended to read:
1102.6. The disclosures required by this article pertaining to
the property proposed to be transferred are set forth in, and shall
be made on a copy of, the following disclosure form:
SEC. 2. Section 1102.6d of the Civil Code is amended to read:
1102.6d. Except for manufactured homes and mobilehomes located in
a common interest development governed by Title 6 (commencing with
Section 1351), the disclosures applicable to the resale of a
manufactured home or mobilehome pursuant to subdivision (b) of
Section 1102 are set forth in, and shall be made on a copy of, the
following disclosure form:
SEC. 3. 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, that
is sold shall have an operable smoke detector. The detector 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 detector shall be deemed to satisfy the
requirements of this section.
(b) The transferor of any real property containing a single-family
dwelling, as described in subdivision (a), subject to Section 1102
of the Civil Code, shall disclose to the prospective purchaser the
transferor's compliance with this section. This disclosure shall be
made in writing, and may be included in existing transactional
documents, including, but not limited to, a real estate sales
contract or receipt for deposit, or a transfer disclosure statement
pursuant to Section 1102.6, 1102.6a, or 1102.6d of the Civil Code.
(c) 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.
(d) 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.
(e) 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.
(f) Local ordinances requiring smoke detectors in single-family
dwellings may be enacted or amended. However, the ordinances shall
satisfy the minimum requirements of this section.
(g) For the purposes of this section, "single-family dwelling"
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.
(h) This section shall not apply to the installation of smoke
detectors in dwellings intended for human occupancy, as defined in
and regulated by Section 13113.7 of the Health and Safety Code, as
added by Senate Bill 1448 in the 1983-84 Regular Session.
SEC. 4. 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 American Medical Association, carbon monoxide
is the leading cause of accidental poisoning deaths in the United
States. Each year carbon monoxide kills approximately 500 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. 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 cut accident-related costs by 93 percent.
Sixteen states and a number of large cities have 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 and these
devices 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
Forestry 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, hotel, motel, condominium,
stock cooperative, time-share project, or dwelling unit in a
multiple-unit dwelling unit building or buildings. "Dwelling unit
intended for human occupancy" does not include a property owned or
leased by the state, the Regents of the University of California, or
a local governmental agency.
(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) (1) The State Fire Marshal shall develop a
certification and decertification process to approve and list carbon
monoxide devices and to disapprove and delist previously approved
devices, if necessary. The certification and decertification process
shall include consideration of effectiveness and reliability of the
devices, including, but not limited to, their propensity to record
false alarms.
(2) The State Fire Marshal shall charge an appropriate fee to the
manufacturer of a carbon monoxide device to cover his or her costs
associated with the approval and listing of carbon monoxide devices
and the costs of the Department of Housing and Community Development
for the development and proposal of building standards pursuant to
Section 17926.3.
(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.
13264. An owner of a dwelling unit intended for human occupancy
shall comply with regulations and building standards regarding carbon
monoxide devices in this chapter and in Sections 17926 to 17926.3,
inclusive.
SEC. 5. Section 17926 is added to the Health and Safety Code, to
read:
17926. (a) A carbon monoxide device, approved and listed by the
State Fire Marshal pursuant to Section 13263, shall be installed 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 all existing single-family dwelling units intended for
human occupancy on or before July 1, 2010.
(2) For all new single-family and multiple-family residential
construction one year after the effective date of the 2010 edition of
the California Building Standards Code (Part 2 (commencing with
Section 101) of Title 24 of the California Code of Regulations) that
includes regulation of carbon monoxide devices.
(3) For all other dwelling units intended for human occupancy on
the first January 1 or July 1 that occurs more than two years after
the publication date of the 2010 edition of the California Building
Standards Code (Part 2 (commencing with Section 101) of Title 24 of
the California Code of Regulations) that includes regulation of
carbon monoxide devices.
(b) (1) Notwithstanding Section 17995, 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. The owner may be assessed a fine for the
failure to correct within that time period.
(c) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
SEC. 6. Section 17926.1 is added to the Health and Safety Code, to
read:
17926.1. (a) An owner or owner's agent of a dwelling unit
intended for human occupancy who rents or leases space to a tenant
shall maintain carbon monoxide devices in that dwelling unit
consistent with this chapter.
(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. A tenant shall be responsible for
notifying the owner or owner's agent if the tenant becomes aware of
an inoperable or deficient carbon monoxide device within his or her
unit. The owner or owner's agent shall correct any reported
deficiencies or inoperabilities in the carbon monoxide device and
shall not be in violation of this section for a deficient or
inoperable carbon monoxide device when he or she has not received
notice of the deficiency or inoperability.
(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 device.
(e) For purposes of this section, with respect to a time-share
project, "owner" means the homeowners' association of the time-share
project.
SEC. 7. Section 17926.2 is added to the Health and Safety Code, to
read:
17926.2. (a) Effective two years after the adoption of the 2010
edition of the California Building Standards Code (Part 2 (commencing
with Section 101) of Title 24 of the California Code of
Regulations), as adopted pursuant to Section 13263, or earlier at the
option of the transferor, the transferor of any real property
containing a single-family dwelling, the transfer of which is subject
to Section 1102 of the Civil Code, shall disclose to the prospective
purchaser the transferor's compliance with Section 13263. This
disclosure shall be made in writing, and may be included in existing
transactional documents, including, but not limited to, a real estate
sales contract or receipt for deposit, or a transfer disclosure
statement pursuant to Section 1102.6, 1102.6a, or 1102.6d of the
Civil Code.
(b) 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 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.
(c) 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.
(d) 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.
SEC. 8. Section 17926.3 is added to the Health and Safety Code, to
read:
17926.3. (a) The Department of Housing and Community Development
shall, after consultation with the State Fire Marshal, develop and
propose building standards consistent with the intent of the Carbon
Monoxide Poisoning Prevention Act of 2008 (Chapter 8 (commencing with
Section 13260) of Part 2 of Division 12) for consideration by the
California Building Standards Commission during the 2010 California
Building Standards Code adoption cycle, or at a later date if the
department, in consultation with the State Fire Marshal, determines
that there is not a sufficient amount of tested and approved devices
to meet the requirements of the Carbon Monoxide Poisoning Prevention
Act of 2008, and other regulations applicable to existing housing if
deemed necessary to implement that act..
(b) If the Department of Housing and Community Development or the
California Building Standards Commission adopts regulations or
standards after July 1, 2010, that modify the later updates or revise
the regulations of building standards in a manner that modifies the
original requirements imposed by this section, the owner or owner's
agent shall not be required to install a new device meeting the
requirements of those regulations or building standards within an
individual dwelling unit until the owner makes application for a
permit for alterations, repairs, or additions to that dwelling unit,
the cost of which will exceed one thousand dollars ($1,000).
SEC. 9. Section 19211 of the Health and Safety Code is amended to
read:
19211. (a) Notwithstanding Section 19100, all new and replacement
water heaters, and all existing residential water heaters, shall be
braced, anchored, or strapped to resist falling or horizontal
displacement due to earthquake motion. At a minimum, any water heater
shall be secured in accordance with the California Plumbing Code, or
modifications made thereto by a city, county, or city and county
pursuant to Section 17958.5.
(b) The transferor of any real property containing a water heater
shall certify to the prospective purchaser that this section has been
complied with. This certification shall be made in writing, and may
be included in existing transactional documents, including, but not
limited to, the Homeowner's Guide to Earthquake Safety published
pursuant to Section 10149 of the Business and Professions Code, a
real estate sales contract or receipt for deposit, or a transfer
disclosure statement pursuant to Section 1102.6, 1102.6a, or 1102.6d
of the Civil Code.
(c) An owner of a residential rental property shall not evict any
person on the basis that the eviction is required in order to comply
with this section.
(d) For the purposes of subdivision (a), "water heater" means any
standard water heater with a capacity of not more than 120 gallons
for which a preengineered strapping kit is readily available.
(e) Notwithstanding Section 669 of the Evidence Code, the failure
of any person to comply with this section shall not create a
presumption of a failure by that person to exercise due care.
(f) Any building or portion thereof, including any dwelling unit,
guestroom, suite of rooms, or portions thereof, or the premises on
which it is located is deemed to be a nuisance if it is in violation
of this section. The owner or the owner's agent shall have the right
to correct any violation of subdivision (a) pursuant to Section
17980.
SEC. 10. 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.