BILL ANALYSIS
Bill No: SB
902
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
SB 902 Author: Padilla
As Amended: January 7, 2008
Hearing Date: January 8, 2008
Consultant: Art Terzakis
SUBJECT
Firefighters: accelerant detecting dogs
DESCRIPTION
SB 902 requires the State Fire Marshal (SFM) to work with
recognized statewide fire investigation entities, to update
on or before January 1, 2010, standards and procedures
governing the use of accelerant detecting dogs and their
handlers. Specifically, this measure:
1. Requires the SFM, in conjunction with recognized
statewide fire investigation entities, including, but not
limited to, the California State Firefighters'
Association, to update and amend standards and procedures
for accelerant detecting dogs and their handlers.
2. Requires that these standards and procedures be updated
and amended on or before January 1, 2010, and include
among other things, dog selection, department and handler
selection and evaluation, fire scene practices, blind
odor recognition testing, and statutes and regulations
relating to the use of accelerant detecting dogs.
3. Requires the SFM, in updating and amending these
standards, to consider information and publications by
recognized statewide fire investigation entities,
including, but not limited to, the California State
Firefighters' Association.
SB 902 (Padilla) continued
Page 2
EXISTING LAW
Existing law requires peace officer and civilian drug
detection canine trainers working under the direction of a
law enforcement agency to follow specified protocols of
behavior. In addition, there are standards to guide the
use of accelerant detection canines and their handlers.
The State Fire Marshal (SFM) is responsible for approving
regulations and developing building standards that promote
fire and life safety for inclusion into Title 24,
California Code of Regulations (e.g., Building Code, Fire
Code, Electrical Code, Mechanical Code, Plumbing and
Historical Building Code, etc.). In addition to the
building standards adopted by the SFM in Title 24, SFM is
responsible for other regulations contained in Title 19,
California Code of Regulations. These regulations govern
fire and panic safety, including fire protection systems in
all buildings, fireworks, flammable fabric standards, flame
retardant chemicals, explosives, gasoline vapor control
systems, and hazardous liquid pipeline safety.
BACKGROUND
History of the Fire Service Dog: The use of dogs in the
fire service dates back to the 18th century when horses
were used to pull steam pumpers. Dalmatians were used to
keep the horses company in their stables and to keep them
calm at fire scenes until their role diminished into that
of a mascot. Today, man's best friend is playing another
important role in the fire service, namely to assist fire
investigators in locating evidence of ignitable liquids or
accelerants such as petrol, kerosene, diesel fuel, etc.
Dogs have also been used successfully for some time in drug
and bomb detection.
A training program initiated in the mid 1980's, as a joint
effort between the federal Bureau of Alcohol, Tobacco and
Firearms (BATF) and the Connecticut State Police (CSP),
proved to be an unmitigated success when the capability of
a Labrador retriever, used by the CSP, to detect the odor
of accelerants, exceeded any expectations. The success of
that particular training program resulted in the
establishment of various federal, state, local and private
K-9 training programs.
SB 902 (Padilla) continued
Page 3
SB 902 (Padilla): This measure would require the SFM to
work with recognized statewide fire investigation entities
to update standards and procedures governing the use of
accelerant detecting dogs and their handlers. These
updates must be completed by January 1, 2010.
The author's office emphasizes that adequately trained dogs
and handlers are crucial to a credible arson investigation
that can hold up in court. In order not to compromise the
efficiency of fire investigations and the reliability that
court cases are not compromised due to inadequately trained
arson dogs or handlers the author believes that it is
important that the state update and amend, when necessary,
existing standards for the use of arson dogs.
This measure is nearly identical to SB 828 (Padilla) of
2007 which was vetoed by the Governor. In his veto
message, the Governor noted that he would direct the Fire
Marshal to review existing standards to determine whether
updating the standards would be appropriate at this time.
California State Firefighters' Association (CSFA)
Accelerant Detection K-9 Team Standards: In September
2006, the CSFA established an Accelerant Detection K-9
advisory group for the purpose of developing acceptable
standards for the working Accelerated Detection K-9's in
the State of California. The group looked at several areas
relevant to the K-9 program including but not limited to,
department selection, handler selection and evaluation,
canine selection, fire scene search practices, blind odor
recognition testing, field searches, people searches, and
the law, in general, as it pertains to the utilization of
K-9's. The standards developed by the working group are
intended to assist fire and police agencies that utilize
K-9 teams.
PRIOR LEGISLATION
SB 828 (Padilla) 2007-08 Session. Nearly identical to SB
902 (Padilla) of 2008. (Vetoed - Governor's veto message
stated that the bill was unnecessary due to the fact that
CAL FIRE and the State Fire Marshal have existing authority
to update their standards and certification requirements as
they deem appropriate. Also, veto message indicated that
the Governor intended to direct the State Fire Marshal to
review the current standards and, if necessary, work with
all interested stakeholders to update and amend standards
SB 902 (Padilla) continued
Page 4
to reflect the latest applicable fire investigative
techniques.
Federal Legislation: H.R. 659, the "Canine Detection
Improvement Act of 2007" - this legislation addresses the
need for improved and coordinated training, encourages the
use of domestic dogs and confronts the need for more dogs
by establishing a "Domestic Canine Breeding Grant Program"
to increase canine numbers through both public and private
means. H.R. 659 also proposes to create a canine team
accreditation board to ensure proper certification
standards and to prevent fraud and abuse. (Status: referred
to House subcommittee)
SUPPORT: As of January 4, 2008:
American Federation of State, County and Municipal
Employees
California State Firefighters' Association
OPPOSE: None on file as of January 4, 2008.
FISCAL COMMITTEE: Senate Appropriations Committee
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