BILL ANALYSIS
SB 798
Page 1
Date of Hearing: April 10, 1996
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Phil Hawkins, Chair
SB 798 (Mountjoy) - As Amended: February 29, 1996
SUBJECT: Heaters: gas logs.
SUMMARY: Permits the sale of natural gas fueled unvented gas logs
and fireplaces, if all of the following circumstances are met:
1) The Department of Housing and Community Development (HCD) and
the Department of Health Services (DHS) consider and develop
standards for natural gas unvented decorative gas logs and
fireplaces, provided the cost of developing standards does not
exceed $145,000.
2) Unvented fireplaces meet the standards developed by HCD and
DHS.
3) The California Building Standards Commission (CBSC) adopts the
standard as part of the California Building Standards Code.
4) Unvented heaters are listed by an agency approved by HCD.
5) Installation of the unvented fireplaces must be in accordance
with CBSC standards.
FISCAL EFFECT: HCD has proposed a budget of $300,000 (General
Fund) for State Housing Law activities for FY 1996-97. This
funding level is sufficient for current State Housing Law
responsibilities. This bill is permissive and does not establish
deadlines for development of a standard. Consequently, HCD and
DHS could review and propose adoption of the standard through the
normal, triennial building code adoption process. This approach
would avoid unnecessary state costs. If, on the other hand, the
sponsors intend for HCD and DHS to consider and adopt a standard
prior to the next cycle for review and adoption of the Uniform
Mechanical Code, then the bill should provide an appropriation.
EXISTING LAW:
1) Prohibits any person from selling or offering for sale any
unvented heater designed to be used within dwellings except:
1) electric heaters, or 2) decorative gas logs for use in a
vented fireplace.
2) Provides a process for review and adoption of residential
building standards, specifically:
* HCD is a member of several code adoption organizations and
participates in review and adoption of uniform building
codes.
* HCD triennially reviews each of the following building
SB 798
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codes: the Uniform Housing Code, the Uniform Building Code,
the Uniform Plumbing Code, the Uniform Mechanical Code, the
National Electrical Code, and the Uniform Code for Building
Conservation. HCD proposes exceptions to the codes based on
California conditions and proposes adoption of the
uniform codes.
* The CBSC conducts public hearings and adopts state building
codes as regulations, including codes for residential
construction proposed by HCD. Local building officials
enforce the statewide standards except that local
governments can adopt more stringent standards if
necessitated by local conditions.
BACKGROUND: This bill is sponsored by the Vent-Free Gas Products
Division of the Gas Appliance Manufacturers Association of America
(GAMA), a trade organization representing manufacturers of gas
appliances. Manufacturers of unvented fireplaces have been
seeking legislative authority to sell their products in California
since 1990. Most recently, AB 1063 (Haynes) of 1993, failed
passage in the Senate Local Government Committee and AB 3228
(Haynes) of 1994, failed passage on the Senate Floor (18-17).
Concurrently, manufacturers have been seeking approval of a
recognized standard by code adoption organizations and inclusion
of the standard in the uniform codes adopted by these
organizations. In fact, the manufacturers have obtained approval
from the following organizations:
Building Officials & Code Administrators (BOCA): Basic
Mechanical Code permits use of certified unvented heaters in
any structure.
Southern Building Codes Congress (SBCC): permits installation
of certified heaters except in sleeping quarters and
institutions.
Council of American Building Officials (CABO): permits
unvented gas room heaters if the heaters are certified to ANSI
Standard Z21.11.2 and the heaters are equipped with an
oxygen-depletion sensor.
However, as recently as 1994, the International Conference of
Building Officials, the adopting organization of the Uniform
Mechanical Code used in California, considered and rejected the
standard for unvented gas fireplaces. The next adoption of the
Uniform Mechanical Code by the International Conference of
Building Officials will be in 1997, and the state will review and
adopt the code in 1998.
The sponsor asserts that all states except California, Colorado,
Massachusetts, Minnesota, Montana, New York and Washington allow
use of unvented fireplaces. Not all states, however, regulate
building standards at the state level. In eleven states where
building standards are not regulated at the state level, at least
one or more major cities ban the use of unvented fireplaces.
SB 798
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Remove Statutory Barrier vs. Requiring State Agencies to Adopt
Standards.
This bill would remove a statutory barrier against unvented
fireplaces and provide discretionary authority for HCD and DHS to
develop a standard. The standard would then be adopted as part of
the California Building Standards Code, which is used by builders
and code officials in California.
Include State Fire Marshal in Development of Standard?
The California State Firefighters' Association has requested an
amendment to include the State Fire Marshal in the development of
a standard for unvented heaters so that fire safety concerns are
addressed.
ARGUMENTS IN SUPPORT:
The sponsor argues that natural gas fueled unvented fireplaces
equipped with oxygen depletion sensors are safe for use in
residences. If carbon monoxide or other combustion by-product
levels become too high compared to available oxygen, the fireplace
will automatically shut off.
The sponsor argues that all states except California, Colorado,
Massachusetts, Minnesota, Montana, New York, and Washington allow
this product.
ARGUMENTS IN OPPOSITION:
Building officials have expressed concern that oxygen depletion
sensors are not 100% reliable and indicate that an unvented
fireplace could cause illness or death if the sensor or automatic
shutoff were to fail. Carbon monoxide cannot be seen, smelled or
tasted; therefore, unhealthy levels can build up without the
occupant being aware of the danger.
The California Energy Commission argues that these appliances are
heaters rather than "decorative" fireplaces. According to the
commission, these appliances are inefficient heaters because the
required label indicates that a window should remain open "an inch
or two" while the appliance is in use.
REGISTERED SUPPORT / OPPOSITION:
Support
DESA International
Empire Comfort Systems
Fireplace Manufacturers Incorporated
Gas-Fired Products, Inc.
Haugh's Products Limited
Majestic Products Company
Martin Industries
Rinnai America Corporation
SB 798
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Superior, The Fireplace Company
Temco Fireplace Products
The Dearborn Company, Inc.
Vent-Free Gas Products Division of the Gas Appliance Manufacturers
Association of America (sponsor)
Vermont Castings
Opposition
California Building Officials
California Energy Commission
Analysis prepared by: Kathryn C. Amann / ahcd / 445-2320