BILL NUMBER: AB 2177 CHAPTERED 09/29/06 CHAPTER 745 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE JUNE 29, 2006 AMENDED IN ASSEMBLY MARCH 30, 2006 INTRODUCED BY Assembly Members Aghazarian and Plescia FEBRUARY 22, 2006 An act to amend Section 13114 of the Health and Safety Code, relating to public safety, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2177, Aghazarian Fire alarm systems: standards. Existing law requires the State Fire Marshal, with the advice of the State Board of Fire Services, to adopt regulations and standards to control the quality and installations of fire alarm systems and devices, as specified. Existing law makes it a misdemeanor for any person to market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. This bill would require the State Fire Marshal to convene a working group, as specified, to develop a statutory and regulatory approach to update and modernize the building material listing process to expedite listing with the State Fire Marshal. The bill would require that the working group be appointed no later than October 1, 2006, and that the working group convene for their first meeting no later than November 1, 2006. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13114 of the Health and Safety Code is amended to read: 13114. (a) The State Fire Marshal, with the advice of the State Board of Fire Services, shall adopt regulations and standards as he or she may determine to be necessary to control the quality and installation of fire alarm systems and fire alarm devices marketed, distributed, offered for sale, or sold in this state. (b) No person shall market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. (c) (1) The State Fire Marshal shall convene a working group to address the issues specified in paragraph (2), made up of the following representatives to the extent they are willing to participate: (A) Representatives of at least four manufacturers of fire alarm devices or systems whose products are currently listed pursuant to this section and whose names are provided to the State Fire Marshal as manufacturer representatives by the National Electrical Manufacturers Association. (B) A fire protection engineer who is not associated with the State Fire Marshal's Office. (C) Staff from the State Fire Marshal's Office for consultation purposes, as determined by the State Fire Marshal. (D) Representatives of four local fire marshals with experience in building plan checking and code compliance. (E) A representative of a nationally recognized testing laboratory. (F) The State Fire Marshal or his or her designee. (2) (A) Giving due consideration to public safety issues, the working group shall develop a process for listing of fire alarms and safety devices by the State Fire Marshal. Listing shall be approved upon receipt of certification of the fire alarm by a State Fire Marshal approved nationally recognized testing laboratory. All appropriate fees associated with the building materials listing application must be received by the Office of the California State Fire Marshal prior to approval. (B) Implementation of the process developed pursuant to subparagraph (A) of paragraph (2) of subdivision (c) shall be through administrative action or legislative action in the regular session commencing December 4, 2006 and shall go into effect no later than January 1, 2008. (3) (A) The State Fire Marshal shall appoint the members of the working group no later than October 1, 2006, and shall convene the first meeting of the working group no later than November 1, 2006. (B) The State Fire Marshal shall approve the revised process no later than March 30, 2007. (C) Nothing in this section shall preclude the State Fire Marshal and members of the fire alarm safety devices from convening in an ad hoc working group in advance of the effective date of this statute. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The current listing process delays the installation of new and improved safety devises into California projects.