BILL ANALYSIS
SB 1386
Page 1
SENATE THIRD READING
SB 1386 (Lowenthal)
As Amended August 12, 2008
Majority vote
SENATE VOTE :27-9
HOUSING 5-1 APPROPRIATIONS 12-4
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|Ayes:|Saldana, Garcia, Hancock, |Ayes:|Leno, Caballero, Davis, |
| |Mullin, Swanson | |DeSaulnier, Furutani, |
| | | |Huffman, Karnette, |
| | | |Krekorian, Lieu, Ma, |
| | | |Nava, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Sharon Runner |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi |
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SUMMARY : Creates the Carbon Monoxide (CO) Poisoning Prevention
Act of 2008 (the Act). Specifically, this bill :
1)Makes legislative findings regarding the number of deaths due
to 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; and,
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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
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. Exempts a property owned or
leased by the state or a local government agency.
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 all existing single-family dwelling units intended
for human occupancy on or before July 1, 2010;
b) For all new single-family and multi-family residential
construction one year after the effective date of the 2010
edition of the California Building Standards (CBS) Code of
Regulations which include regulations on carbon monoxide
devices; and,
c) For all other dwellings 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
CBS Code of Regulations.
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6)Provides 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 or amend an ordinance
requiring CO devices that is consistent with 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.
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)Requires effective two years after the California Building
Standards Commission (CBSC) adopts standards for the
installation of carbon monoxide devices any seller of a
single-family home, factory-built home, condominium, duplex,
stock cooperative, or time-share unit must disclose to the
prospective buyer in writing whether or not the home is in
compliance with the CO alarm statute.
15)Provides the disclosure statement may be included in existing
transactional documents including but not limited to a real
estate sales contract or recipe for deposit or a transfer
disclosure statement.
16)Provides that real estate agents and other agents to a sales
transaction are not required to monitor or ensure compliance
with the law.
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17)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.
18)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.
19)Requires the Department of Housing and Community Development
(HCD) to in consultation with the State Fire Marshal (SFM) to
develop and propose building standards for CO devices to the
CBSC during the 2010 CBS Code adoption cycle or later if HCD
determines there are not a sufficient quantity of tested and
approved CO devices available to meet the requirements of the
Act.
20)Requires the SFM to develop a process to approve and list
carbon monoxide devices and authorizes the State Fire Marshal
to charge a fee to cover the cost of approval.
21)Prohibits a person from marketing or selling a CO device that
has not been approved by the SFM.
22)Requires the SFM to develop a process to certify and
decertify CO devices which shall consider the effectiveness
and reliability of the devices including their propensity to
record false alarms.
23)Requires the SFM to charge an appropriate fee to
manufacturers of CO device to cover the cots associated with
the approval and listing of CO devices and the costs of HCD
for developing and proposing building standards for CO
devices.
24)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 SFM.
25)Provides if the HCD or the CSBC adopts regulations or
standards for a CO device after July 1, 2010 and an owner has
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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.
26)Combines the seller disclosure requirements for a smoke
detector, carbon monoxide device, and water heater strapping
and bracing in a real estate transaction on to the same forms.
FISCAL EFFECT : One time costs of $116,000 to HCD and $39,000 to
the SFM for the development of regulations pertaining to
installation of carbon monoxide devices. Costs would be partly
offset by newly authorized fees levied on manufacturers of
carbon monoxide devices.
COMMENTS : The California Building Standards Law establishes the
CBSC and the process for adopting state building standards.
Under this process, relevant state agencies propose amendments
to model building codes, which the CBSC must then adopt, modify,
or reject. HCD 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 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/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
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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/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.
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.
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, 25% 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.
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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.
SB 1386 would require HCD to develop building standards in
consultation with the State Fire Marshall for the installation
of CO devices and submit those standards to the CBSC for the
2010 code adoption cycle. All existing single family homes
would be required to have a CO device by July 1, 2010. All new
single family homes and multiple-family homes would be required
to have a CO device installed one year after the effective date
of the 2010 CBSC regulations governing CO devices. The SFM
would be responsible for developing a process for approving CO
devices and would be authorized to charge a fee to manufactures
of CO devices to cover the cots of approving and listing CO
devices.
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.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0006904