BILL NUMBER: SB 840	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 18, 2011

   An act to add Section 1287 to the Health and Safety Code, relating
to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 840, as amended, Evans. Health  care 
facilities: carbon monoxide detectors.
   Existing law provides for the licensure and regulation of health
facilities, including, but not limited to, skilled nursing
facilities, as defined,  administered  by the State
Department of Public Health. A violation of these provisions is a
crime.
   This bill would require an owner of a skilled nursing facility to
install  prescribed  carbon monoxide devices in that
facility  , that are approved and listed by the State Fire
Marshal pursuant to Section 13263,   if it has a fossil
fuel burning appliance within the interior of the facility  on
or before January 1, 2013.  This bill would require the
department to prescribe the criteria for the number and placement of
carbon monoxide devices in a skilled nursing facility and to adopt
and enforce regulations prescribing building standards for the
adequacy and safety of skilled nursing facility physical plants for
these purposes.  By expanding the scope of an existing crime,
this 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 1287 is added to the Health and Safety Code, to
read:
   1287.   (a)    An owner of a skilled nursing
facility shall install carbon monoxide devices in the facility, that
are approved and listed by the State Fire Marshal pursuant to Section
13263, on or before January 1, 2013. 
   (b) The department shall prescribe the criteria for the number and
placement of carbon monoxide devices in a skilled nursing facility
and shall adopt and enforce regulations prescribing building
standards for the adequacy and safety of skilled nursing facility
physical plants for the purposes of this section.  
   (c) A skilled nursing facility that does not have a fossil fuel
burning appliance within the interior of the facility shall not be
required to install carbon monoxide devices pursuant to this section.
For purposes of this section, "fossil fuel" means coal, kerosene,
oil, wood, fuel gases, and other petroleum or hydrocarbon products
that 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.