BILL NUMBER: SB 245 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Senator Rubio
FEBRUARY 10, 2011
An act to amend Section 13113.7 of the An
a ct to amend Section 18029.6 of the Health and
Safety Code, relating to smoke detectors.
LEGISLATIVE COUNSEL'S DIGEST
SB 245, as amended, Rubio. Smoke detectors: mobilehomes,
manufactured homes, and commercial modulars.
The Mobilehomes-Manufactured Housing Act of 1980 requires the
Department of Housing and Community Development to enforce various
laws pertaining to the structural, fire safety, plumbing,
heat-producing, or electrical systems and installations or equipment
of a manufactured home, mobilehome, special purpose commercial coach,
or commercial coach. Under existing law, a knowing violation of the
act, as specified, is punishable as a misdemeanor offense.
The act requires that on or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold have a smoke alarm installed in each
room for sleeping that is operable on the date of transfer of the
title. Existing law also requires that for manufactured homes and
multifamily manufactured homes manufactured on or after September 16,
2002, each smoke alarm comply with the federal Manufactured Housing
Construction and Safety Standards Act.
This bill would require that on or after July 1, 2012, all used
manufactured homes, mobilehomes, and multifamily manufactured homes
have a smoke alarm installed in each room designed for sleeping. The
bill would additionally impose new requirements and specifications
for manufactured homes, including those that are new and used,
manufactured at specified times, and for mobilehomes and multifamily
manufactured homes, manufactured at any time.
Existing law requires a smoke detector approved and listed by the
State Fire Marshal to be installed in each dwelling unit intended for
human occupancy, as defined. A violation of those provisions is an
infraction punishable by a maximum fine of $200 for each offense.
This bill would revise the definition of "dwelling unit intended
for human occupancy" to include mobilehomes, manufactured homes, and
commercial modulars, as defined, and would require smoke detectors to
be installed in those dwellings. The bill would also make
clarifying, nonsubstantive changes.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
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 18029.6 of the
Health and Safety Code is amended to read:
18029.6. (a) (1) On or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold shall have a smoke alarm installed
in each room designed for sleeping that is operable on the date of
transfer of title. For manufactured homes and multifamily
manufactured homes manufactured on or after September 16, 2002, each
smoke alarm shall comply with the federal Manufactured Housing
Construction and Safety Standards Act. For manufactured homes and
multifamily manufactured homes manufactured before September 16,
2002, each smoke alarm shall be installed in accordance with the
terms of its listing and installation requirements, and
battery-powered smoke alarms shall be acceptable for use when
installed in accordance with the terms of their listing and
installation requirements.
(2) For manufactured homes and multifamily manufactured homes
manufactured before September 16, 2002, the smoke alarm manufacturer'
s information describing the operation, method and frequency of
testing, and proper maintenance of the smoke alarm shall be provided
to the purchaser for any smoke alarm installed pursuant to paragraph
(1).
(b) On or after January 1, 2009, the requirements of subdivision
(a) shall be satisfied if, within 45 days prior to the date of
transfer of title, the transferor signs a declaration stating that
each smoke alarm in the manufactured home, mobilehome, or multifamily
manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
(c) The department may promulgate rules and regulations to clarify
or implement this section.
(d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section.
(e) On or after July 1, 2012, all used manufactured homes,
mobilehomes, and multifamily manufactured homes shall have a smoke
alarm installed in each room designed for sleeping. For new and used
manufactured homes manufactured on or after September 16, 2002, each
smoke alarm shall comply with the federal Manufactured Housing
Construction and Safety Standards Act. For manufactured homes
manufactured before September 16, 2002, and for mobilehomes and
multifamily manufactured homes manufactured at any time, each smoke
alarm shall be installed in accordance with the terms of its listing
and installation requirements, and battery-powered smoke alarms shall
be acceptable for use when installed in accordance with the terms of
their listing and installation requirements.
SECTION 1. Section 13113.7 of the Health and
Safety Code is amended to read:
13113.7. (a) Except as otherwise provided in this section, a
smoke detector, approved and listed by the State Fire Marshal
pursuant to Section 13114, shall be installed in accordance with the
manufacturer's instructions in each dwelling unit intended for human
occupancy within the earliest applicable time period as follows:
(1) For all dwelling units intended for human occupancy, except
for mobilehomes, manufactured homes, and commercial modulars, upon
the owner's application on or after January 1, 1985, for a permit for
alterations, repairs, or additions, exceeding one thousand dollars
($1,000).
(2) For all other dwelling units intended for human occupancy,
except for mobilehomes, manufactured homes, and commercial modulars,
on or after January 1, 1987.
(3) For mobilehomes, manufactured homes, and commercial modulars,
on or after January 1, 2012.
(b) If any local rule, regulation, or ordinance, adopted prior to
the compliance dates specified in subdivision (a) requires
installation of a smoke detector in a dwelling unit intended for
human occupancy that is subject to this section and that receives
power from the electrical system of the building, and if the
compliance date specified in the local rule, regulation, or ordinance
is subsequent to the dates specified in subdivision (a), the
compliance date specified in the rule, regulation, or ordinance shall
take precedence over the dates specified in subdivision (a).
(c) The State Fire Marshal may adopt regulations to exempt
dwelling units intended for human occupancy with fire sprinkler
systems from the provisions of this section, if he or she determines
that a smoke detector is not reasonably necessary for fire safety in
the occupancy.
(d) Unless prohibited by local rules, regulations, or ordinances,
a battery-operated smoke detector that otherwise meets the standards
adopted pursuant to Section 13114 for smoke detectors, satisfies the
requirements of this section.
(e) (1) "Dwelling unit intended for human occupancy," as used in
this section, includes a duplex, lodging house, apartment complex,
hotel, motel, condominium, stock cooperative, time-share project,
dwelling unit of a multiple-unit dwelling complex, commercial
modular, manufactured home, or mobilehome.
(2) For purposes of this part, the following definitions apply:
(A) "Commercial modular" shall have the same meaning as defined in
Section 18001.8.
(B) "Manufactured home" shall have the same meaning as defined in
Section 18007.
(C) "Mobilehome" shall have the same meaning as defined in Section
18008.
(f) The owner of each dwelling unit subject to this section shall
supply and install smoke detectors required by this section in the
locations and in the manner set forth in the manufacturer's
instructions, as approved by the State Fire Marshal's regulations.
For apartment complexes and other multiple-dwelling complexes, a
smoke detector shall be installed in the common stairwells. All fire
alarm warning systems supplemental to the smoke detector also shall
be listed by the State Fire Marshal.
(g) A high rise structure, as defined in subdivision (b) of
Section 13210, that is used for purposes other than as a dwelling
unit intended for human occupancy is exempt from the requirements of
this section.
(h) The owner shall be responsible for testing and maintaining
detectors in hotels, motels, lodging houses, common stairwells of
apartment complexes, and other multiple dwelling complexes.
(i) An owner or the owner's agent may enter a dwelling unit,
efficiency dwelling unit, guest room, or suite to install, repair,
test, or maintain a single station smoke detector required by this
section. Except in cases of emergency, the owner or owner's agent
shall give the tenant of the unit, room, or suite reasonable notice,
in writing, of the intention to enter, and shall enter only during
normal business hours. Twenty-four hours shall be presumed to be
reasonable notice in the absence of evidence to the contrary.
(j) A smoke detector shall be operable when a tenant takes
possession. An apartment complex tenant shall be responsible for
notifying the manager or owner if the tenant becomes aware of an
inoperable smoke detector within his or her unit. The owner or
authorized agent shall correct any reported deficiencies in the smoke
detector, and shall not be in violation of this section for a
deficient smoke detector when he or she has not received notice of
the deficiency.
(k) A violation of this section is an infraction punishable by a
maximum fine of two hundred dollars ($200) for each offense.
(l) This section shall not affect any rights that the parties may
have under any other provision of law because of the presence or
absence of a smoke detector.
(m) This section shall not apply to the installation of smoke
detectors in single-family dwellings or factory-built housing that is
regulated by Section 13113.8.
SEC. 2. 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.