BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1386|
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THIRD READING
Bill No: SB 1386
Author: Lowenthal (D), et al
Amended: 5/27/08
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 10-1, 4/1/08
AYES: Lowenthal, Ashburn, Cedillo, Corbett, Harman, Kehoe,
Oropeza, Simitian, Torlakson, Yee
NOES: McClintock
NO VOTE RECORDED: Dutton
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-1, 4/15/08
AYES: Florez, Denham, Maldonado, Negrete McLeod, Padilla,
Vincent, Wiggins, Wyland, Yee
NOES: Battin
SENATE APPROPRIATIONS COMMITTEE : 9-3, 5/22/08
AYES: Torlakson, Ashburn, Cedillo, Corbett, Florez, Kuehl,
Oropeza, Simitian, Yee
NOES: Cox, Aanestad, Dutton
NO VOTE RECORDED: Ridley-Thomas, Runner, Wyland
SUBJECT : Carbon monoxide alarms
SOURCE : Author
DIGEST : This bill requires that a carbon monoxide alarm
be installed in every dwelling intended for human occupancy
that has a fossil fuel burning appliance, fireplace, or
attached garage.
CONTINUED
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ANALYSIS : The California Building Standards Law
establishes the California Building Standards Commission
(BSC) and the 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 (SFM).
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
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
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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.
This bill requires that a carbon monoxide alarm be
installed in every dwelling intended for human occupancy
that has a fossil fuel burning appliance, fireplace, or
attached garage. Specifically, the bill:
1.Defines a carbon monoxide alarm as an alarm designed to
detect carbon monoxide and produce a distinct, audible
alarm. The alarm must conform to specified national
consensus standards and come in one of the following
forms:
A. Battery-powered.
B. Plug-in with battery backup.
C. hard wired in to the dwelling's electrical system
if equipped with a battery backup.
D. Connected to a more comprehensive monitoring
system via a panel.
E. Combined with a smoke detector into a single unit
if the alarms clearly differentiate between smoke and
carbon monoxide.
2.Requires the 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 alarms 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.
3.Requires the SFM to develop a process for the approval
and listing of carbon monoxide alarms and allows him or
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her to charge a fee to manufacturers to cover associated
costs.
4.Prohibits the marketing, distribution, and sale of
carbon monoxide alarms that are not listed and approved
by the SFM.
5.Requires than an approved carbon monoxide alarm be
installed in each dwelling intended for human occupancy
that has a fossil fuel burning appliance, fireplace, or
attached garage according to the following schedule:
A. In new units issued a certificate of occupancy
after July 1, 2009.
B. Upon application for a building permit requested
after July 1, 2009, if the value of the work covered
by the permit is in excess of $1,000.
C. For all other dwellings built on or after July 1,
2010.
D. For all dwelling units sold on or after July 1,
2010.
6.Allows local governments to adopt ordinances requiring
carbon monoxide alarms in dwellings intended for human
occupancy if the ordinance satisfies the minimum
requirements of the bill and is consistent with this
bill.
7.Provides that failure to install an approved alarm by
the required deadline is an infraction. An owner shall
first be given a 30-day notice to correct the violation
and thereafter is subject to a fine of $200 for each
offense. Such fines are levied by local fire marshals
or fire departments or, in cases where the local
government has adopted an ordinance to that effect, by
the local building or code enforcement departments.
8.Requires the owner of a rental dwelling to test and
maintain carbon monoxide alarms within the unit. The
alarm must be operable at the time that the tenant takes
possession. The tenant is then responsible for
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periodically testing the alarm and notifying the owner
if the alarm becomes inoperable. The owner must correct
any reported deficiencies in the alarm 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 with a
written statement indicating that the home is in
compliance with the carbon monoxide alarm statute.
10.Provides that the real estate agents and other agents to
a sales transaction are not required to monitor or
ensure compliance with the law.
11.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.
12.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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10
2010-11 Fund
SFM regulations/ $10
General
standards
SUPPORT : (Verified 5/27/08)
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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
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
State Association of Electrical Workers
Western Council on Law and Poverty
ARGUMENTS IN SUPPORT : 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's office, these
deaths and illnesses are preventable through the use of
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carbon monoxide alarms. The author's office further states
that carbon monoxide alarms provide a vital, highly
effective, and low-cost protection against carbon monoxide
poisoning, and equipping every home with two carbon
monoxide alarms 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
alarms. The author's office believes that adopting such a
mandate in California will significantly improve public
health.
JJA:cm 5/27/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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