BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 183|
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THIRD READING
Bill No: SB 183
Author: Lowenthal (D)
Amended: 5/6/09
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-3, 4/21/09
AYES: Lowenthal, Ashburn, DeSaulnier, Kehoe, Oropeza,
Pavley, Simitian, Wolk
NOES: Huff, Harman, Hollingsworth
SENATE JUDICIARY COMMITTEE : 4-1, 4/28/09
AYES: Corbett, Harman, Florez, Leno
NOES: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Residential building safety
SOURCE : California Coalition for Childrens Safety and
Health
California State Firefighters Association
DIGEST : This bill requires that a carbon monoxide device
be installed in existing dwellings intended for human
occupancy that have a fossil fuel burning appliance,
fireplace, or an attached garage, provides that the
exclusive remedy for failure to install a device is actual
damages not to exceed $100, exclusive of any court costs
and attorney's fees, revises the statutory Real Estate
Transfer Disclosure Statement to require the seller of a
CONTINUED
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one-to-four residential property or manufactured home to
make certain disclosures regarding carbon monoxide devices,
smoke detectors, and water heaters, and requires the owner
of a rental dwelling unit to maintain carbon monoxide
devices in the unit.
ANALYSIS : Existing law requires a transferor to deliver
a statutory transfer disclosure statement, and other
disclosures, as soon as practicable before transfer of
title, or close of escrow, when transferring real property,
except in certain cases, and manufactured homes or
mobilehomes, provided that the sale or lease with an option
to purchase involves an agent. Under existing law, a
seller of a single-family dwelling must disclose to a
transferee that he/she has installed an operable smoke
detector in the home as required by law.
This bill revises the statutory transfer disclosure
statement as follows:
1. Requires the seller to check off whether or not the
property has one or more carbon monoxide devices.
2. Adds a footnote to the statement advising buyers that
installation of a carbon monoxide device is not a
precondition of sale.
3. Requires a seller to certify, as opposed to checking off
as under existing law, which the property is in
compliance with laws requiring smoke detectors and the
bracing of water heaters.
Existing law requires that smoke detectors be installed in
all single-family dwellings that are sold. Existing law
provides that no transfer of title is invalidated on the
basis of a failure to comply with this requirement and the
exclusive remedy for failure to comply is an award of
actual damages not to exceed $100, exclusive of any court
costs and attorney's fees.)
Existing law provides that a transfer shall not be
invalidated solely because any person failed to comply with
the transfer disclosure requirements described above.
However, any person who willfully or negligently violates
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or fails to perform a required duty is liable in the amount
of actual damages suffered by a transferee.
This bill requires that a carbon monoxide device be
installed in existing dwellings intended for human
occupancy that have a fossil fuel burning appliance,
fireplace, or an attached garage beginning January 1, 2011
for single-family dwelling units and January 1, 2012 for
all other units.
This bill provides that failure to install a carbon
monoxide device is an infraction. Under the bill, an owner
must first be given a 30-day notice to correct the
violation and, if it is not corrected within that time
period, the owner is subject to a fine of $200 for each
offense.
This bill provides that the exclusive remedy for failure to
install a device is actual damages not to exceed $100,
exclusive of any court costs and attorney's fees and no
transfer of title shall be invalidated on the basis of a
failure to install a carbon monoxide device as required by
the bill.
Existing law requires an owner of rental property to
install a smoke detector in a dwelling unit and permits the
owner or his or her agent to enter a unit to install,
maintain, repair, or test the detector. A tenant must
notify the owner of an inoperable smoke detector and the
owner must correct any deficiencies. Under existing law, a
landlord may enter a dwelling unit only with reasonable
notice and during normal business hours except in cases of
emergency or where the tenant consents to an entry during
other than normal business hours at the time of the entry.
This bill requires a property owner to maintain carbon
monoxide devices in a rental dwelling unit and would
require that the devices be operable at the time the tenant
takes possession of the unit. This bill requires a tenant
to notify the landlord if the tenant becomes aware that the
device is inoperable or deficient and would require the
landlord to correct the reported inoperability or
deficiency. This bill provides that a landlord is not in
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violation if he/she has not received the notification from
the tenant.
This bill provides that a landlord may enter the dwelling
unit for the purpose of installing, repairing, testing, and
maintaining carbon monoxide devices pursuant to the
requirements of Civil Code Section 1954.
This bill requires the State Fire Marshall to develop a
process for the approval and listing of carbon monoxide
devices. The process must include consideration of the
effectiveness and reliability of the devices, including
their propensity to record false alarms.
This bill allows the State Fire Marshall to charge a fee to
manufacturers of carbon monoxide devices to cover the costs
of the approval and listing program, and prohibits the
marketing, distribution, and sale of carbon monoxide
devices that are not listed and approved by the State Fire
Marshall.
Background
On November 27, 2007, the Senate Committee on
Transportation and Housing held an informational hearing
entitled "Preventing Carbon Monoxide Poisoning." The
purpose was to hear from experts on the dangers of carbon
monoxide poisoning and consider whether California should
require the installation of carbon monoxide detectors in
dwellings. The committee staff made several findings upon
conclusion of the hearing, including that "[c]arbon
monoxide poisoning is generally preventable through better
education of consumers and improved maintenance of
combustion appliances. When carbon monoxide does enter a
home, carbon monoxide devices can and do alert the
residents and prevent or significantly decrease the
severity of a poisoning."
According to the author's office, the 2009 International
Residential Code requires that carbon monoxide detectors be
installed in new construction dwelling units with
fuel-fired appliances or attached garages. The updated
code also requires detectors to be installed in existing
homes that have fuel-fired appliances or attached garages
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when work requiring a building permit occurs. The author's
office indicates that the Department of Housing and
Community Development is currently considering adopting
these requirements in California for newly constructed one
and two unit dwellings.
Last year, the author of this bill introduced a similar
bill, SB 1386 (Lowenthal). That bill, which would have
required that carbon monoxide devices be installed in both
new construction and existing, dwelling units, was vetoed
by the Governor. In order to address the concerns in the
Governor's veto message, this bill will apply only to
existing housing and not to new construction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/21/09)
California Coalition for Children's Safety and Health
(co-source)
California State Firefighters Association (co-source)
California Alarm Association
California Monoxide Safety and Health Association
Home Depot
National Fire Protection Association
Rural Legal Assistance Foundation
Safe Kids
State Association of Electrical Workers
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : The author's office writes that
"[c]arbon monoxide (CO) is the leading cause of accidental
poisoning deaths in the United States. Carbon monoxide is
an odorless, colorless, deadly gas. The most effective
safety device available to reduce injuries and fatalities
related to carbon monoxide poisoning is a CO alarm. SB 183
(Lowenthal) will help to ensure California's families are
protected from carbon monoxide poisoning." The author's
office further writes, "The California Air Resources Board
has determined that 30-40 "avoidable deaths" occur just in
California each year, on average, due to unintentional
carbon monoxide poisoning. Additionally, there are 175-700
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"avoidable" emergency room visits and hospitalizations in
California alone."
JJA:do 5/21/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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