BILL NUMBER: SB 183	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 17, 2009

   An act to amend Sections 1102.6 and 1102.6d of the Civil Code, and
to add Sections 17926, 17926.1, and  17926.3  
17926.2  to, and to add Chapter 8 (commencing with Section
13260) to Part 2 of Division 12 of, the Health and Safety Code,
relating to residential building safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 183, as amended, Lowenthal. Residential building safety.
   (1) Existing law requires certain transferors of real property
improved with 1 to 4  , inclusive,  dwelling units,
as well as transferors of mobilehomes and manufactured homes, to make
specified disclosures to prospective transferees regarding the
characteristics of the property and prescribes forms for the purpose
of making these disclosures. Existing law requires the transferor of
real property containing a single-family dwelling to provide
transferees written notice of compliance with specified requirements
for the installation of smoke detectors. Existing law requires the
seller of any real property containing a water heater to certify in
writing to a prospective purchaser compliance with specified safety
requirements related to those water heaters.
   This bill would revise the disclosure forms, described above, to
provide a seller certification that the property, at the close of
escrow, will be in compliance with the requirements for smoke
detectors and water heaters, described above, and to remove these
provisions from elsewhere in the forms. The bill would also revise
the disclosure forms to add a disclosure regarding carbon monoxide
devices and a statement specifying that installation of a listed
appliance, device, or amenity is not a precondition to sale or
transfer.
   Existing law requires the State Fire Marshal to adopt regulations
and standards regarding the quality and installation of burglar bars
and safety release mechanisms for emergency escape and rescue
windows, the approval and installation of smoke detectors, and the
approval of portable fire extinguishers for marketing, distribution,
and sale in this state. Existing law requires a smoke detector
approved and listed by the State Fire Marshal to be installed in a
dwelling unit intended for human occupancy. The State Housing Law
creates standards for buildings used for human habitation. A
violation of that law is a misdemeanor.
   This bill would enact the Carbon Monoxide Poisoning Prevention Act
of 2009. This bill would require the State Fire Marshal to certify
and approve carbon monoxide devices for the use in dwelling units
intended for human occupancy, as defined. The bill would require the
State Fire Marshal to charge an appropriate fee to the manufacturer
of a carbon monoxide device to cover the costs associated with the
approval and listing of carbon monoxide devices and the costs of the
Department of Housing and Community Development for the development
and proposal of building standards. The bill would prohibit the
marketing, distribution, or sale of devices that do not meet these
standards. The bill would require a carbon monoxide device to be
installed in a dwelling unit intended for human occupancy, as
specified, and would generally provide that a violation of these
provisions is an infraction punishable by a maximum fine of $200 for
each offense, but the bill would require that a property owner
receive a 30-day notice to correct prior to the imposition of the
fine. By creating a new crime, this bill would create a
state-mandated local program. The bill would provide that a transfer
of title is not invalidated on the basis of a failure to comply with
these requirements, and that the exclusive remedy for the failure to
comply is an award of actual damages not to exceed $100, exclusive of
any court costs and attorney's fees.
   This bill would require an owner or the owner's agent of a
dwelling unit intended for human occupancy who rents or leases
 space   the dwelling unit  to a tenant to
maintain carbon monoxide devices in that dwelling unit. The bill
would permit the owner or the owner's agent to enter that dwelling
unit to install, repair, test, and maintain carbon monoxide devices,
as specified. The bill would permit the Department of Housing and
Community Development, after consultation with the State Fire
Marshal, to develop and propose building standards 
consistent with the bill's provisions   to require
installation of carbon monoxide devices in dwellings intended for
human occupancy  . The bill would permit the Department of
Housing and Community Development to suspend enforcement of certain
requirements on property owners if the department, in consultation
with the State Fire Marshal, determines that a sufficient amount of
tested and approved carbon monoxide devices are not available, and
would require the department to publicize this decision, as
specified. The bill would also make a statement of legislative
findings.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1102.6 of the Civil Code is amended to read:
   1102.6.  The disclosures required by this article pertaining to
the property proposed to be transferred are set forth in, and shall
be made on a copy of, the following disclosure form: 

* * * * * * * * * * * * * * * * *  

  NOTICE OF INCOMPLETE TEXT: The Real Estate Transfer Disclosure
  Statement appears in the hard-copy publication of the chaptered
  bill. See Sec. 13 of Chapter 62, Statutes of 2003. 


* * * * * * * * * * * * * * * * * 
  SEC. 2.  Section 1102.6d of the Civil Code is amended to read:
   1102.6d.  Except for manufactured homes and mobilehomes located in
a common interest development governed by Title 6 (commencing with
Section 1351), the disclosures applicable to the resale of a
manufactured home or mobilehome pursuant to subdivision (b) of
Section 1102 are set forth in, and shall be made on a copy of, the
following disclosure form: 

* * * * * * * * * * * * * * * * *  

  NOTICE OF INCOMPLETE TEXT: The Manufactured Home and Mobilehome
  Transfer Disclosure Statement appears in the hard-copy publication
  of the chaptered bill. See Sec. 6 of Chapter 517, Statutes of 1999.
 

* * * * * * * * * * * * * * * * * 
  SEC. 3.  Chapter 8 (commencing with Section 13260) is added to Part
2 of Division 12 of the Health and Safety Code, to read:
      CHAPTER 8.  CARBON MONOXIDE POISONING PREVENTION ACT OF 2009


   13260.  This chapter shall be known and may be cited as the Carbon
Monoxide Poisoning Prevention Act of 2009.
   13261.  The Legislature finds and declares all of the following:
   (a) According to the American Medical Association, carbon monoxide
is the leading cause of accidental poisoning deaths in the United
States. The federal Centers for Disease Control and Prevention
estimate that carbon monoxide kills approximately 500 people each
year and injures another 20,000 people nationwide.
   (b) According to the United States Environmental Protection
Agency, a person cannot see or smell carbon monoxide. At high levels
carbon monoxide can kill a person in minutes. Carbon monoxide is
produced whenever any fuel, such as gas, oil, kerosene, wood, or
charcoal, is burned.
   (c) The State Air Resources Board estimates that every year carbon
monoxide accounts for between 30 and 40 avoidable deaths, possibly
thousands of avoidable illnesses, and between 175 and 700 avoidable
emergency room and hospital visits.
   (d) There are well-documented chronic health effects of acute
carbon monoxide poisoning or prolonged exposure to carbon monoxide,
including, but not limited to, lethargy, headaches, concentration
problems, amnesia, psychosis, Parkinson's disease, memory impairment,
and personality alterations.
   (e) Experts estimate that equipping every home with a carbon
monoxide device would cut accident-related costs by 93 percent.
Eighteen states and a number of large cities have laws mandating the
use of carbon monoxide devices.
   (f) Carbon monoxide devices provide a vital, highly effective, and
low-cost protection against carbon monoxide poisoning and these
devices should be made available to every home in California. 
   (g) The Homeowners' Guide to Environmental Hazards prepared
pursuant to Section 10084 of the Business and Professions Code is an
important educational tool and should include information regarding
carbon monoxide. It is the intent of the Legislature that when the
booklet is next updated as existing resources permit, or as private
resources are made available, it be updated to include a section on
carbon monoxide. 
   13262.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Carbon monoxide device" means a device that meets all of the
following requirements:
   (1) A device designed to detect carbon monoxide and produce a
distinct, audible alarm.
   (2) A device that is battery powered, a plug-in device with
battery backup, or a device 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.
   (3) If the device is combined with a smoke detector, the combined
device shall comply with all of the following:
   (A) The standards that apply to carbon monoxide alarms as
described in this chapter.
   (B) The standards that apply to smoke detectors, as described in
Section 13113.7.
   (C) The combined device emits an alarm or voice warning in a
manner that clearly differentiates between a carbon monoxide alarm
warning and a smoke detector warning.
   (4) The device has been tested and certified, pursuant to the
requirements of the American National Standards Institute (ANSI) and
Underwriters' Laboratories Inc. (UL) as set forth in either ANSI/UL
2034 or ANSI/UL 2075,  or successor standards,  by a
nationally recognized testing laboratory listed in the directory of
approved testing laboratories established by the Building Materials
Listing Program of the Fire Engineering Division of the Office of the
State Fire Marshal of the Department of Forestry and Fire
Protection.
   (b) "Dwelling unit intended for human occupancy" includes a
single-family dwelling, factory-built home as defined in Section
19971, duplex, lodging house, dormitory, hotel, motel, condominium,
stock cooperative, time-share project, or dwelling unit in a
multiple-unit dwelling unit building or buildings. "Dwelling unit
intended for human occupancy" does not include a property owned or
leased by the state, the Regents of the University of California, or
a local governmental agency.
   (c) "Fossil fuel" means coal, kerosene, oil, wood, fuel gases, and
other petroleum or hydrocarbon products, which emit carbon monoxide
as a byproduct of combustion.
   13263.  (a) (1) The State Fire Marshal shall develop a
certification and decertification process to approve and list carbon
monoxide devices and to disapprove and delist previously approved
devices, if necessary. The certification and decertification process
shall include consideration of effectiveness and reliability of the
devices, including, but not limited to, their propensity to record
false alarms.
   (2) The State Fire Marshal shall charge an appropriate fee to the
manufacturer of a carbon monoxide device to cover his or her costs
associated with the approval and listing of carbon monoxide devices
and the costs of the Department of Housing and Community Development
for the development and proposal of building standards pursuant to
Section  17926.3   17926.2  .
   (b) A person shall not market, distribute, offer for sale, or sell
any carbon monoxide device in this state unless the device has been
approved and listed by the State Fire Marshal.
  SEC. 4.  Section 17926 is added to the Health and Safety Code, to
read:
   17926.  (a) An owner of a dwelling unit intended for human
occupancy shall install a carbon monoxide device, approved and listed
by the State Fire Marshal pursuant to Section 13263,  in
accordance with the manufacturer's instructions in each
existing dwelling unit having a fossil fuel burning heater or
appliance, fireplace, or an attached garage, within the earliest
applicable time period as follows:
   (1) For all existing single-family dwelling units intended for
human occupancy on or before January 1, 2011.
   (2) For all other existing dwelling units intended for human
occupancy on or before January 1, 2012. 
   (b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's instructions,
if it is technically feasible to do so.  
   (b) 
    (c)  (1) Notwithstanding Section 17995, and except as
provided in paragraph (2), a violation of this section is an
infraction punishable by a maximum fine of two hundred dollars ($200)
for each offense.
   (2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2). 
   (c) 
    (d)  No transfer of title shall be invalidated on the
basis of a failure to comply with this section, and the exclusive
remedy for the failure to comply with this section is an award of
actual damages not to exceed one hundred dollars ($100), exclusive of
any court costs and attorney's fees. 
   (d) 
    (e)  A local ordinance requiring carbon monoxide devices
may be enacted or amended if the ordinance is consistent with this
chapter.  This section is not intended to affect any duties,
rights, or remedies otherwise available at law. 
  SEC. 5.  Section 17926.1 is added to the Health and Safety Code, to
read:
   17926.1.  (a) An owner or owner's agent of a dwelling unit
intended for human occupancy who rents or leases  space
  the dwelling unit  to a tenant shall maintain
carbon monoxide devices in that dwelling unit consistent with this
section and Section 17926.
   (b) An owner or the owner's agent may enter any dwelling 
unit, efficiency dwelling unit, guest room, and suite  
unit intended for human occupancy  owned by the owner for the
purpose of installing, repairing, testing, and maintaining 
single station  carbon monoxide devices required by this
section, pursuant to the authority and requirements of Section 1954
of the Civil Code.
   (c) The carbon monoxide device shall be operable at the time that
the tenant takes possession. A tenant shall be responsible for
notifying the owner or owner's agent if the tenant becomes aware of
an inoperable or deficient carbon monoxide device within his or her
unit. The owner or owner's agent shall correct any reported
deficiencies or inoperabilities in the carbon monoxide device and
shall not be in violation of this section for a deficient or
inoperable carbon monoxide device when he or she has not received
notice of the deficiency or inoperability.
   (d) This section shall not affect any rights which the parties may
have under any other provision of law because of the presence or
absence of a carbon monoxide device.
   (e) For purposes of this section, with respect to a time-share
project, "owner" means the homeowners' association of the time-share
project.
  SEC. 6.  Section  17926.3   17926.2  is
added to the Health and Safety Code, to read:
    17926.3.   17926.2.   (a) (1) The
department may, after consultation with the State Fire Marshal,
develop and propose building standards  consistent with the
intent of the Carbon Monoxide Poisoning Prevention Act of 2009.
  to require installation of carbon monoxide devices in
dwellings intended for human occupancy. 
   (2) If the department, in consultation with the State Fire
Marshal, determines that a sufficient amount of tested and approved
carbon monoxide devices are not available to property owners to meet
the requirements of the Carbon Monoxide Poisoning Prevention Act of
2009 and Sections 17926 and 17926.1, the department may suspend
enforcement of the requirements of Sections 17926 and 17926.1 for up
to six months. If the department elects to suspend enforcement of
these requirements, the department shall notify the Secretary of
State of its decision and shall post a public notice that describes
its findings and decision on the departmental Internet Web site.

   (b) If the Department of Housing and Community Development or the
California Building Standards Commission adopts regulations or
standards after July 1, 2010, that modify or revise the regulations
of building standards in a manner that modifies the original
requirements imposed by this section, the owner or 
    (b)     If the California Building
Standards Commission adopts or updates building standards relating to
carbon monoxide devices, the owner or  owner's agent  , who
has installed a carbon monoxide device as required by Section 17926
or 17926.1,  shall not be required to install a new device
meeting the requirements of those  regulations or 
building standards within an individual dwelling unit until the owner
makes application for a permit for alterations, repairs, or
additions to that dwelling unit, the cost of which will exceed one
thousand dollars ($1,000).
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
      ____ CORRECTIONS  Text--Pages 5 and 11.
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