BILL ANALYSIS
Bill No: SB
1386
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
SB 1386 Author: Lowenthal
As Proposed to be Amended: April 15, 2008
Hearing Date: April 15, 2008
Consultant: Art Terzakis
SUBJECT
Carbon monoxide
DESCRIPTION
SB 1386 enacts the "Carbon Monoxide Poisoning Prevention
Act of 2008" which requires that carbon monoxide detection
devices be installed in every residential dwelling by July
1, 2010 to protect Californians against carbon monoxide
poisoning. Specifically, this measure:
1. Makes legislative findings and declarations relative to
the fact that carbon monoxide is the leading cause of
accidental poisoning deaths in the United States and that
carbon monoxide alarm devices provide a vital, highly
effective, and low-cost protection against such danger
that should be made available to every home in
California.
2. Requires that an approved carbon monoxide device be
installed in every single-family dwelling, factory-built
home, apartment, condominium, duplex, lodging house,
dormitory, apartment complex, hotel, motel, condominium,
stock cooperative, or time-share unit that has a fossil
fuel burning appliance, fireplace, or attached garage in
accordance with the following schedule: (a) On or after
July 1, 2009, for dwelling units issued a certificate of
occupancy, or an owner's application for a permit for
alterations, repairs, or additions, exceeding $1,000 and
(b) On or before July 1, 2010 for all other dwelling
units.
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3. Provides that violation of these provisions is an
infraction punishable by a maximum fine of $200 for each
offense. Also, provides that a resident of a
single-family dwelling shall receive a 30-day notice to
correct prior to being assessed the fine.
4. Defines a "carbon monoxide device" for purposes of the
bill and requires the State Fire Marshall (SFM), in
consultation with the Board of Fire Services and the Air
Resources Board, to adopt any regulations or standards
necessary to control the quality and installation of
carbon monoxide devices and provides that if standards
are updated in the future, a building owner shall not
have to install a new alarm unless a building permit for
work in excess of $1,000 is requested.
5. Requires the SFM to develop a process for the approval
and listing of carbon monoxide devices and allows the SFM
to assess a fee on manufacturers to cover associated
costs.
6. Prohibits the marketing, distribution, and sale of
carbon monoxide devices that are not listed and approved
by the SFM.
7. Allows local governments to adopt ordinances requiring
carbon monoxide devices in dwellings intended for human
occupancy if the ordinance is consistent with and
satisfies the minimum requirements of this bill.
8. Requires the owner of a rental dwelling to test and
maintain carbon monoxide devices within the unit. Also,
provides that the device must be operable at the time
that the tenant takes possession and the tenant shall be
responsible for periodically testing the device and
notifying the owner if the device becomes inoperable. In
addition, the owner must correct any reported
deficiencies in the device but is not in violation of the
law if he or she has not received notice of any
deficiency.
9. On and after July 1, 2009, requires a seller of a
single-family home, factory-built home, condominium,
duplex, stock cooperative, or time-share unit to provide
a buyer as soon as practicable prior to the sale a
disclosure statement indicating that the home is in
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compliance with the carbon monoxide device statute.
10. Provides that real estate agents and other agents to a
sales transaction are not required to monitor or ensure
compliance with the law. Also, provides that third-party
agents to a sales transaction are not held liable for any
error, inaccuracy, or omission relating to the
disclosure, except that a real estate agent may be held
liable where he or she participates in the making of the
disclosure with actual knowledge of the falsity of the
disclosure.
11. Provides that the exclusive remedy for failure to
disclose is an award of actual damages up to $100 and
that a transfer of title may not be invalidated on the
basis of a failure to disclose.
EXISTING LAW
The California Building Standards Law establishes the
California Building Standards Commission (BSC) and a
process for adopting state building standards. Under this
process, relevant state agencies propose amendments to
model building codes, which the BSC must then adopt,
modify, or reject. The Department of Housing and Community
Development is the relevant state agency for residential
building standards.
Building standards are generally prospective in that they
only apply to new construction or to existing buildings
that undergo alteration or rehabilitation. There are a few
exceptions to this rule, however. Current law requires
that all water heaters in existing residential structures
be braced, anchored, or strapped to resist falling or
horizontal displacement due to earthquake motion. Current
law also requires that smoke detectors be installed in all
existing multifamily residential dwellings and in single
family dwellings which are sold. To comply with the smoke
detector statute, an affected residential property owner
must install a smoke detector approved and listed by the
State Fire Marshal.
With respect to multifamily rental housing, the smoke
detector must be operable at the time that a tenant takes
possession. The tenant is then responsible for notifying
the owner if the smoke detector becomes inoperable. The
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owner must correct any reported deficiencies in the smoke
detector but is not in violation of the law if he or she
has not received notice of any deficiency. An owner may
enter the unit for the purpose of installing, repairing,
testing, and maintaining the detector provided that
standard notice is provided. Failure to comply is an
infraction punishable by a maximum fine of $200 for each
offense.
With respect to single-family housing, a seller must
provide a buyer as soon as practicable prior to the sale
with a written statement indicating that the home is in
compliance with the smoke detector statute. Real estate
agents and other agents to the transaction, however, are
not required to monitor or ensure compliance with the law.
Moreover, third-party agents to the transaction are not
held liable for any error, inaccuracy, or omission relating
to the disclosure, except that a real estate agent may be
held liable where he or she participates in the making of
the disclosure with actual knowledge of the falsity of the
disclosure. The exclusive remedy for failure to comply is
an award of actual damages up to $100. A transfer of title
may not be invalidated on the basis of a failure to comply.
BACKGROUND
Purpose of SB 1386: The Air Resources Board estimates that
every year in California carbon monoxide poisoning accounts
for between 30 and 40 deaths, between 175 and 700 emergency
room and hospital visits, and possibly thousands of
illnesses. According to the author, these deaths and
illnesses are preventable through the use of carbon
monoxide alarm devices. The author further states that
carbon monoxide devices provide a vital, highly effective,
and low-cost protection against carbon monoxide poisoning,
and equipping every home with two carbon monoxide devices
would cut accident-related costs by 93 percent. Sixteen
states and a number of large cities have already passed
laws mandating the use of carbon monoxide devices. The
author believes that adopting such a mandate in California
will significantly improve public health.
The author notes that this bill addresses a number of
findings resulting from an informational hearing conducted
by the Senate Transportation and Housing Committee in
November 2007 on the topic of preventing carbon monoxide
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poisoning. Specifically, this bill seeks to prevent carbon
monoxide poisoning through the required use of carbon
monoxide devices in various dwellings. It covers new and
older homes and allows the State Fire Marshall to adopt
standards for the quality of such devices, as well as
regulations regarding the installation and placement of
carbon monoxide devices. The author notes that this bill
does not include an education component for either
consumers or emergency service providers.
Informational Hearing: As noted above, the Senate
Transportation and Housing Committee conducted an
informational hearing on this topic in November 2007. Upon
conclusion of the hearing, committee staff made the
following findings:
Carbon monoxide poisoning significantly impacts the
public health, resulting in dozens of fatalities,
hundreds of hospitalizations, and thousands of
illnesses in California each year.
Carbon monoxide poisoning occurs most frequently as
a result of the improper installation or maintenance
of furnaces and stoves in the home, but also is
commonly the result of the improper use of grills,
generators, and camping equipment indoors or of idling
engines in attached garages.
Carbon monoxide poisoning is of equal if not
greater concern in older homes due to the existence of
older appliances or the lack of central heating.
Carbon monoxide poisoning is generally preventable
through better education of consumers and improved
maintenance of combustion appliances.
When carbon monoxide does enter a home, carbon
monoxide devices can and do alert the residents and
prevent or significantly decrease the severity of a
poisoning.
With respect to the technology used for carbon
monoxide devices, there may be room for improvement.
Any legislation to require the installation of
carbon monoxide devices in homes would need to provide
guidance on the number of devices required and where
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they should be placed.
Any legislative mandate must be coupled with a
public campaign that educates consumers on the hazards
of carbon monoxide poisoning, the requirements of the
law, and the need to replace such devices at the end
of their useful life. Emergency service providers
must also receive training in response protocols for
possible carbon monoxide poisoning.
Device Costs: Research conducted by the Senate
Transportation and Housing Committee staff found that
carbon monoxide devices range in price from $19.50 to $90,
with many models offered in the $20-$40 range. Using this
latter range, the total cost of purchasing one device for
each of the roughly 13 million households in California
would range from $260 to $520 million. It is possible that
regulations adopted pursuant to this bill will require more
than one device in many residences, which would increase
the total cost accordingly. Carbon monoxide devices are
considered to have a useful life of four to seven years,
meaning that dwelling owners would be required to replace
devices at some interval.
Benefits/Savings: Proponents emphasize that a carbon
monoxide device mandate has the potential to significantly
reduce the 30 to 40 deaths that occur each year in
California due to unintentional carbon monoxide poisoning.
Additional societal savings would result from reduced
hospital visits and disabilities that result from carbon
monoxide poisoning and the lost productivity and wages that
accompany them.
Product Reliability: According to information provided by
Senate Transportation and Housing Committee staff, the most
recent study available regarding product reliability was
conducted in 2006 by Wilson Environmental Associates for
Southern California Gas Company. The study selected two
carbon monoxide device models based on availability and a
high ranking by Consumer Reports magazine. Fifty devices of
each model were purchased at retail stores and tested in a
lab. All the devices from one model performed according to
national standards. With respect to the second model, most
of the devices were triggered well below
nationally-established limits, and two became inoperable
within the first few days. The study also retested 134
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devices purchased in 2002 from three manufacturers. Four
years later, 38% of these devices were no longer operable.
The remainder continued to perform according to national
standards.
Product reliability is an issue raised by opponents - it
has also affected attempts to require carbon monoxide
devices through national building codes. The International
Code Council, which writes a national model building code,
recently rejected two proposals to require the installation
of carbon monoxide devices in new dwellings, citing the
lack of clear direction for placement of the devices and
the propensity for false alarm indications.
Manufacturers have responded to these concerns by stating
that the technology is constantly improving and that the
models on the market today are superior in performance even
to those that were available in 2006. The author of this
bill points out that while false alarms are an annoyance
and generate costs, when it comes to poisoning prevention,
any such device that is installed is better than no device.
Arguments in Opposition: Writing in opposition, the
California Association of Realtors believes that by failing
to assign comprehensive compliance monitoring to an
appropriate state or local agency, this bill effectively
puts the onus on real estate agents to ensure compliance
when a dwelling is sold. Opponents argue that it is unfair
to place this burden on private parties to achieve a
societal public safety goal. In addition, because
compliance will only be verified at time of sale, opponents
contend that this bill will create additional costs and
obligations for home sellers at a point when timing and
cost are most critical. As an alternative to prevent
carbon monoxide poisonings, opponents suggest educating
consumers about the dangers of carbon monoxide in the
Homebuyers Guide to Environmental Hazards, by including
consumer information with the sale of fuels, and by
requiring the State Fire Marshall to strengthen standards
for heaters and other combustion appliances.
Technical Amendments: The following technical amendments
are reflected in the analysis and will be offered by the
author in committee on April 15th:
Amendment #1 - Page 5, line 5, strike "June 1, 2009" and
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insert "July 1, 2009"
Amendment #2 - Page 6, line 5, strike "alarm" and insert
"device"
Amendment #3 - Page 8, line 24, after "standards" insert
"within an individual dwelling unit"
Amendment #4 - Page 8, line 26, strike "the owner's
dwelling units" and insert "that dwelling unit"
SUPPORT:
AARP
American Federation of State, County, and Municipal
Employees
California Coalition for Children's Safety and Health
California Fire Chiefs Association
California Industrial Hygiene Council
California Retailers Association
California State Firefighters Association
Carbon Monoxide Safety and Health Association
Fire Districts Association of California
Friends of the Earth
Home Depot
International Brotherhood of Electrical Workers Local 6
(San Francisco)
International Brotherhood of Electrical Workers Local 180
(Napa/Solano)
International Brotherhood of Electrical Workers Local 302
(Contra Costa)
International Brotherhood of Electrical Workers Local 340
(Sacramento/Redding)
International Brotherhood of Electrical Workers Local 441
(Orange)
International Brotherhood of Electrical Workers Local 551
(North Coast)
International Brotherhood of Electrical Workers Local 595
(Alameda/San Joaquin/Calaveras)
International Brotherhood of Electrical Workers Local 617
(San Mateo)
KIDDE
National Electrical Manufacturers Association
National Fire Protection Association
Residential Fire Safety Institute
Safe Kids California
Sempra Energy
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State Association of Electrical Workers
Western Center on Law & Poverty
OPPOSE:
California Association of Realtors
FISCAL COMMITTEE: Senate Appropriations Committee
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