BILL NUMBER: SB 183 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 26, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Lowenthal
(Coauthor: Senator Wiggins)
(Coauthors: Assembly Members Ma and Saldana)
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 17926.2 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 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 , the provisions of which would apply to dwelling units
that are completed or occupied by January 1, 2010 . This bill
would require the State Fire Marshal to certify and approve carbon
monoxide devices and their instructions, as specified, 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.
The bill would prohibit the marketing, distribution, or sale of
devices unless they and their instructions have been approved and
listed by the State Fire Marshal. 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 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 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:
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:
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.
13261.5. This chapter shall apply only to dwelling units that are
completed or occupied by January 1, 2010.
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
means 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 mean 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. The certification and decertification process shall
include a review of the manufacturer's instructions and shall ensure
their consistency with building standards applicable to new
construction for the relevant type of occupancy with respect to
number and placement.
(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.
(b) A person shall not market, distribute, offer for sale, or sell
any carbon monoxide device in this state unless the device and the
instructions have 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 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 July 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.
(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).
(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. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.
(e) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
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 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
intended for human occupancy owned by the owner for the purpose of
installing, repairing, testing, and maintaining 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. Section17926.2 Section 17926.2
is added to the Health and Safety Code, to read:
17926.2. (a) 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 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 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.