BILL ANALYSIS
SB 1386
Page 1
Date of Hearing: June 18, 2008
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Lori Saldana, Chair
SB 1386 (Lowenthal) - As Amended: May 27, 2008
SENATE VOTE : 27-9
SUBJECT : Carbon monoxide
SUMMARY : Creates the Carbon Monoxide Poisoning Prevention Act
of 2008 (the Act). Specifically, this bill :
1)Makes legislative findings regarding the number of deaths due
to carbon monoxide (CO) poisoning, the chronic health effects
of prolonged exposure to CO, and the benefit of equipping
homes with CO detectors.
2)Defines a "carbon monoxide device" as a device that meets all
of the following requirements:
a)detects CO and produces a distinct audible alarm;
b)is battery powered, a plug in device with a battery backup or
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;
c)has been tested and certified pursuant to the requirements of
the American National Standards Institute (ANSI) and
Underwriters Laboratories Inc. (UL), by a nationally
recognized testing laboratory as specified.
d)if combined with a smoke detector the device must:
i. meet the standards that apply to CO alarms as
described in the Act;
ii. meet the standards that apply to smoke
detectors in Section 13113.7; and
iii. emit an alarm or voice warning in a manner that
clearly differentiates between a CO alarm and a smoke
detector warning.
3)Defines "dwelling unit intended for human occupancy" to
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include single family dwelling, factory built home, duplex,
lodging house, dormitory apartment complex, hotel, motel,
condominium, stock cooperate, time-share project or dwelling
unit of a multi-family complex.
4)Defines "fossil fuel" to mean coal, kerosene, oil, wood, fuel
gases, and other petroleum or hydrocarbon product which emit
carbon monoxide as a byproduct of combustion.
5)Requires a CO device that has been approved by the State Fire
Marshal to be installed in any dwelling intended for human
occupancy that has a fossil fuel burning heater or appliance,
fireplace, or an attached garage within the earliest
applicable timeframe as follows:
a) For a dwelling that is issued a certificate of occupancy
or an owner's application for a permit for alterations,
repairs or additions exceeding $1,000 on or after July 1,
2009;
b) For a dwelling built on or after July 1, 2010;
c) For all dwellings sold on or after July 1, 2010.
6)Provide a violation of this Act is punishable by a maximum
fine of $200 for each offense.
7)Requires a resident of a single-family home to receive a
30-day notice to correct a violation of this Act prior to
being assessed a fine.
8)Allows a local jurisdiction to enact an ordinance requiring CO
devices that is consistent with and satisfies the minimum
requires of the Act.
9)Requires an owner of rental units to test and maintain the CO
device in that dwelling unit.
10)Allows an owner to enter into a unit to test and maintain a
CO device.
11)Requires an owner to give a tenant twenty-four hours notice,
except in an emergency, before entering the unit to install,
repair, test or maintain a CO device.
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12)Requires a tenant to notify the manager or owner of a unit if
the CO device does not work.
13)Provides that an owner or authorized agent is not in
violation of the Act if he or she does not receive notice that
the device is not working.
14)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
CO alarm statute.
15)Provides that real estate agents and other agents to a sales
transaction are not required to monitor or ensure compliance
with the law.
16)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.
17)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.
18)Requires the State Fire Marshall in consultation with the
State Board of Fire Services and the State Air Resources Board
to adopt any regulations or standards necessary to control the
quality and installation of CO devices.
19)Requires the State Fire Marshall to adopt a process to
approve and list CO devices.
20)Authorizes the State Fire Marshall to charge an appropriate
fee to the manufacturer of a CO device to cover the cots
associated with the approval and listing of CO devices.
21)Prohibits a person from marketing, distributing, offering for
sale or selling any CO device in the state that has not been
approved and listed by the State Fire Marshall.
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22)Provides if the State Fire Marshall adopts regulations or
standards for a CO device after July 1, 2010 and an owner has
already installed an alarm, the owner will not be required to
install a new device meeting the new regulations until the
owner applies for a permit to make repairs or alternations to
the dwelling that will exceed $1,000.
EXISTING LAW
1)Required on and after January 1, 1986, all single-family
dwellings and factory-built housing to have operable smoke
detectors approved and listed by the State Fire Marshall
(Health & Safety Code Section 13113.8)
2)Required on or after January 1, 1986, a seller of a
single-family home 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 regulations established by
the State Fire Marshall regarding smoke detector installation
(Health & Safety Code Section 13113.8)
3)California Building Standards Law establishes the California
Building Standards Commission (BSC) and the process for
adopting state building standards. (Health & Safety Code
Section 18935 et al.)
FISCAL EFFECT : Unknown
COMMENTS :
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
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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 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.
The Effects of Carbon Monoxide (CO)
CO is an odorless, colorless, deadly gas. At lower levels of
exposure it can cause health problems such as headaches,
fatigue, nausea, dizzy spells, confusion and irritability.
Later stages of CO poisoning can cause vomiting, loss of
consciousness and eventually brain damage or death. CO is
produced by furnaces, common household appliances, vehicles,
generators, fireplaces and other systems that are powered by the
burning of fuel such as natural gas propane, gasoline, oil and
wood.
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The Consumer Product Safety Commission has determined that older
adults more frequently have pre-existing health conditions that
affect the heart, lungs and circulatory system and the presence
of one or more of those conditions lowers a victim's tolerance
and increase the risk of a fatal CO exposure.
In 2001 twenty-five percent of the CO poisoning deaths from
home-related products were adults 65 years and older. The Carbon
Monoxide Health and Safety Association has determined that the
combined cost of CO accidents, lost productivity and lost wages
amounts to $8.8 billion a year. The California Air Resources
Board has determine that 30-40 "avoidable deaths" occur just in
California each year, on average, due to unintentional CO
poisoning. Additionally, there are 175-700 "avoidable"
emergency room visits and hospitalizations in California alone.
In 1996, the city of Chicago became the first jurisdiction to
adopt a mandate for CO alarms. In 1996, the city required all
residential structures with fossil fuel-burning appliances to
install CO alarms within 40 feet of all sleeping areas. Since
then 15 states, 11 major municipalities have adopted laws to
mandate the installation of CO alarms in homes or other types of
structures.
The purpose of this bill:
SB 1386 would require a CO detector to be installed in all new
construction beginning July 1, 2010 and all units at the time of
sale beginning July 1, 2010. All dwelling units that are issued
a certificate of occupancy or an owner's application for a
permit for alterations, repairs, or additions, exceeding $1000
on our after July 1, 2009 would be required to install a CO
device.
Feedback from Informational Hearing :
This committee held a joint informational hearing with the
Senate Committee on Transportation and Housing in November 2007,
"Preventing Carbon Monoxide Poisoning" to gather information on
the dangers and prevalence of CO poisoning, to explore
prevention strategies and to discuss whether or not California
should require the installation of CO monitors in dwellings.
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Witnesses discussed options to prevent CO poisoning including
education, inspection, marketing and state mandates.
As a result of the hearing several themes emerged:
1)CO poisoning significantly impacts the public health,
resulting in dozens of fatalities, hundreds of
hospitalizations, and thousands of illnesses in California
each year.
2)CO 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.
3)CO poisoning is of equal if not greater concern in older homes
due to the existence of older appliances or the lack of
central heating.
4)CO poisoning is generally preventable through better education
of consumers and improved maintenance of combustion
appliances.
5)When CO does enter a home, CO alarms can alert the residents
and prevent or significantly decrease the severity of a
poisoning.
6)With respect to the technology used for carbon monoxide
alarms, there may be room for improvement.
7)Any legislation to require the installation of CO alarms in
homes would need to provide guidance on the number of alarms
required and where they should be placed.
Two issues that bear further discussion are the cost of CO
devices and their reliability. CO devices are available
ranging in price from $20 to $90 and can be purchased in
hardware stores including Lowe's and Home Depot of on the
Internet. If each of the 13 million household in the state
installed one device in their home at the lower range of price
scale the cost would be $260 million. CO devices have an
average useful life of four to seven years.
Another issue raised at the informational hearing was the
reliability of CO devices on the market today. One of the main
issues raised by opponents to a mandate is that the current
alarm technology is not adequately reliable, resulting in false
alarms or no alarm at all. The most recent study available was
conducted in 2006 by Wilson Environmental Associates for
Southern California Gas Company. The study selected two CO
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alarm models based on availability and a high ranking by
Consumer Reports magazine, purchased 50 alarms of each model at
retail stores, and tested their performance in a lab. All the
alarms from one model performed according to national standards.
With respect to the second model, most of the alarms were
triggered well below nationally-established limits, and two
became inoperable within the first few days. The study also
retested 134 alarms purchased in 2002 from three manufacturers.
Four years later, 38% of these alarms were no longer operable.
The remainder continued to perform according to national
standards.
In response to concerns abut the reliability of CO devices on
the market supporters of this bill point out that the technology
is constantly improving and that a false alarm is better than no
alarm at all.
Opposition :
The California Association of Realtors (CAR) is opposed to
requiring that carbon monoxide device be installed at the point of
sale. According to CAR, "even in a robust housing market, time of
sale mandates take too long. CAR's Research and Economics
department modeled projected housing turnover for the entire state
and found that by 2050, less than 25% of California's homes will
transfer ownership. Assuming that CO is a serious threat to public
safety, then time of sale is the worst possible approach to
addressing this threat. While C.A.R. supports public safety, this
mandate unnecessarily burdens home sellers and real estate
professionals with the responsibility to police a legislatively
imposed public safety mandate. Additionally, because the only
compliance requirement is verification upon sale, this mandate
also creates additional costs and obligations for home sellers at
a point in the transaction where timing and cost are critical."
Staff comments :
The committee may wish to consider from a public safety
perspective it would be better if all homes were required to have
CO devices installed; however, as an alternative requiring new
homes and those sold to have alarms will at least provide
protection to a portion of Californians. Additionally as
consumers learn more about the risks of CO poisoning and the
availability of CO alarms through friends and family who purchase
homes or complete remodels it is possible that their use may
become common practice.
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Committee Amendments:
In order to insure that CO devices are installed in homes in an
appropriate manner using universal standards, the committee may
wish to amend the bill to require the Department Housing and
Community Development in consultation with the Office of the
State Fire Marshall propose building standards governing the
installation of carbon monoxide devices during the Building
Standards Commission 2010 Building Code adoption cycle. The
date for requiring that CO devices are installed newly
constructed homes would be pushed back to 2011 to correspond
with the building code adoption cycle.
The amendments below address the above recommendation and make
some technical and clarifying corrections to the bill.
1)On page 4, line 37, strike "2009" and insert "2011"
2)On page 4, line 39, strike "2010" and insert "2011"
3)On page 4, line 40, after "all" insert "single family"
4)On page 4 after line 40, create "(4) For all multi dwelling
unit building or buildings on or after July 1, 2011."
5)On page 4 after new section (4), create section "(5) The
effective date for units included in paragraph (1), (2) and
(4) of this section shall coincide with the effective date of
the 2010 California Building Code (Part 2, Title 24, CCR) or
July1, 2011 whichever comes first."
6)On page 5, line 4, strike "a resident of a single-family
dwelling" and insert "property owners"
7)On page 5, line 8, strike ", and"
8)On page 5, line 9, strike "satisfies the minimum requirements
of,"
9)On page 5, line 11, strike "test and"
10) On page 5, line 12, insert after "unit" consistent with
this chapter."
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11) On page 5, line 35 strike "2012" and insert "2010"
12) On page 7, strike lines 29-33
13) On page 7, line 29, insert "132663. (a) (1) The California
Department of Housing and Community Development shall, after
consultation with the Office of the State Fire Marshall
propose building standards meeting the intent of this section
for adoption consideration by the Building Standards
Commission during the 2010 Building Code adoption cycle."
14) On page 7, line 36, after "Marshall" insert "and HCD"
15) On page 8, line 5, strike "before" and insert "after"
16) On page 8, line 5, strike "2010" and insert "2011"
REGISTERED SUPPORT / OPPOSITION :
Support
California Coalition for Children Safety and Health (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
AARP
California Alarm Association
California Fire Chiefs Association
California Industrial Hygiene Council
California Retailers Association
California State Firefighters' Association, Inc.
California Rural Legal Assistance Foundation
Carbon Monoxide Safety and Health Association
Congressional Fire Services Institute
Friends of the Earth
International Brotherhood of Electrical Workers, Local Union 6,
180, 302, 551, and 617
Kidde Manufacture
National Fire Protection Association
The Home Depot
Safe Kinds California
Sempra Energy
State Association of Electrical Workers
Western Center on Law & Poverty
One individual (Hillsborough)
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Opposition
California Association of Realtors (CAR)
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085