BILL NUMBER: SB 840 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Evans
FEBRUARY 18, 2011
An act to amend Section 13262 of the Health and Safety Code,
relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 840, as introduced, Evans. Public safety: carbon monoxide
detectors.
Existing law requires the owner of a dwelling intended for human
occupancy, as defined, to install a carbon monoxide device approved
by the State Fire Marshal. A violation of those provisions is an
infraction punishable by a maximum fine of $200.
This bill would include residential care facilities among the
types of dwellings that are subject to those requirements. 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 13262 of the Health and Safety Code is amended
to read:
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" 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 ,
or a residential care facility . "Dwelling unit intended for
human occupancy" does not 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.
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.