BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1386|
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UNFINISHED BUSINESS
Bill No: SB 1386
Author: Lowenthal (D), et al
Amended: 8/12/08
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
SENATE FLOOR : 27-9, 5/29/08
AYES: Alquist, Ashburn, Calderon, Cedillo, Corbett,
Correa, Denham, Florez, Harman, Kehoe, Kuehl, Lowenthal,
Maldonado, Migden, Negrete McLeod, Padilla, Perata,
Ridley-Thomas, Romero, Scott, Simitian, Steinberg,
Torlakson, Vincent, Wiggins, Wyland, Yee
NOES: Aanestad, Battin, Cogdill, Cox, Ducheny, Dutton,
Hollingsworth, McClintock, Runner
NO VOTE RECORDED: Ackerman, Machado, Margett, Oropeza
CONTINUED
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ASSEMBLY FLOOR : 49-22, 8/15/08 - See last page for vote
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.
Assembly Amendments made numerous changes which recast the
bill with a similar intent as it left the Senate including
requiring, effective two years after the California
Building Standards Commission (CSBC) adopts standards for
the installation of carbon monoxide (CO) 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, providing the disclosure statement may be included
in existing transactional documents including but not
limited to real estate sales contract or recipe for deposit
or a transfer disclosure statement, requiring the
Department of Housing and Community Development (HCD) to in
consultation with the State Fire Marshal 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 Carbon Monoxide Poisoning Prevention Act (Act), and
combining the seller disclosure requirements for a smoke
detector, CO device, and water heater strapping and bracing
in a real estate transaction on the same forms.
ANALYSIS : 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.
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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
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 creates the Carbon Monoxide (CO) Poisoning
Prevention Act of 2008 (Act). Specifically, this bill:
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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.
D. If combined with a smoke detector the device must:
(1)Meet the standards that apply to CO alarms as described
in the Act.
(2)Meet the standards that apply to smoke detectors in
Section 13113.7.
(3)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 corporate, time-share
or dwelling unit of a multi-family complex. Exempts a
property owned or leased by the state or a local
government agency.
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4. Defines "fossil fuel" to mean coal, kerosene, oil, wood,
fuel gases, and other petroleum or hydro carbon product
which emit carbon monoxide as a byproduct of combustion.
5. Requires a CO device that has been approved by the SFM
to be installed in any dwelling intended for human
occupancy that has a fossil fuel burning heather 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 CBS Code of Regulations which
include regulations on carbon monoxide devices.
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.
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 rest and maintain
the CO device in the 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 24 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.Requires effective two years after the 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 that 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.
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 HCD to, in consultation with the 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
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list carbon monoxide devices and authorizes the SFM 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 devices to cover the costs
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 HCD and the CSBC 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.
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
the same forms.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/08)
AARP
American Federation of State, County and Municipal
Employees
California Coalition for Children's Safety and Health
California Fire Chiefs Association
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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
The Home Depot
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
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
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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.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Beall, Berg, Brownley,
Caballero, Carter, Cook, Coto, Davis, De La Torre, De
Leon, DeSaulnier, Emmerson, Eng, Evans, Feuer, Fuentes,
Furutani, Galgiani, Garcia, Hancock, Hayashi, Hernandez,
Horton, Huffman, Jeffries, Jones, Karnette, Krekorian,
Laird, Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin,
Nava, Nunez, Parra, Portantino, Ruskin, Salas, Saldana,
Solorio, Swanson, Wolk, Bass
NOES: Adams, Anderson, Benoit, Blakeslee, DeVore, Duvall,
Fuller, Gaines, Houston, Huff, Keene, La Malfa, Maze,
Nakanishi, Niello, Silva, Smyth, Spitzer, Strickland,
Tran, Villines, Walters
NO VOTE RECORDED: Berryhill, Charles Calderon, Dymally,
Garrick, Plescia, Price, Sharon Runner, Soto, Torrico
JJA:cm 8/18/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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