BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE APRIL 10, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2012
An act to amend Sections 13113.7, 13113.8, 13114, and 17926 of the
Health and Safety Code, relating to dwelling safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Lowenthal. Dwelling safety: carbon monoxide
and smoke detectors.
(1) Existing law provides that, subject to exceptions, a smoke
detector, approved and listed by the State Fire Marshal, as
specified, shall be installed, in accordance with the manufacturer's
instructions in each dwelling intended for human occupancy. Existing
law requires the owner of each dwelling unit subject to these
requirements to supply and install smoke detectors in the locations
and in the manner set forth in the manufacturer's instructions, as
approved by the State Fire Marshal's regulations, and further
requires, in the case of apartment complexes and other
multiple-dwelling complexes, that a smoke detector shall be installed
in the common stairwells. Existing law requires, for all
dwelling units intended for human occupancy, upon the owner's
application on or after January 1, 1985, for a permit for
alterations, repairs, or additions, exceeding $1,000, that a smoke
detector be installed. Existing law authorizes the State Fire Marshal
to adopt regulations exempting dwellings intended for human
occupancy with fire sprinkler systems from these provisions, as
specified. Existing law requires the owners of hotels, motels,
lodging houses, apartment complexes, and other multiple
-dwelling complexes to test and maintain smoke detectors, as
specified. Existing law provides that a violation of any
of these provisions is an infraction.
This bill would , in addition, require that, commencing
January 1, 2014, an owner of a single-family dwelling or a
multiple-dwelling complex that is rented or leased shall ensure that
the smoke detectors for the dwelling are operational at the time that
the tenant takes possession, that placement of the smoke detectors
is in compliance with current building code standards, and that, if a
smoke detectors is solely battery operated, it contains a battery
with a minimum 10-year life. provide that, for all
dwelling units intended for human occupancy for which a building
permit is issued on or after January 1, 2014, for alterations,
repairs, or additions exceeding $1,000, the permit issuer shall not
sign off on the completion of work until the permittee demonstrates
that all smoke alarms required for the dwelling unit are devices
approved and listed by the State Fire Marshal. The bill would provide
that a fire alarm system with smoke alarms installed in accordance
with the State Fire Marshal's regulations may be installed in lieu of
the devices approved and listed by the State Fire Marshal described
above, as specified. The bill would delete the authority of the State
Fire Marshal to adopt regulations exempting dwellings intended for
human occupancy with fire sprinkler systems from the above-described
provisions. The bill would expand the definition of "dwelling units
intended for human occupancy" for these purposes to include
factory-built housing, as defined. The bill would delete
the requirement that a smoke detector be installed in the common
stairwells of apartment complexes and other multiple-dwelling
complexes. The bill would, commencing January 1, 2014, require owners
of single-family dwellings that are rented or leased to be
responsible for testing and maintaining smoke alarms, as specified.
By expanding the scope of provisions of law, the violation of
which is a crime, this bill would impose a state-mandated local
program.
(2) Existing law, subject to exceptions, requires that every
single-family dwelling and factory-built housing, as defined, which
is sold have an operable smoke detector that is approved and listed
by the State Fire Marshal and installed in accordance with the State
Fire Marshal's regulations.
This bill would additionally require that for all dwelling units
intended for human occupancy, upon the owner's application on or
after January 1, 2014, for a permit for alterations, repairs, or
additions, exceeding $1,000, all smoke detectors
alarms required for the dwelling unit shall display the
date of manufacture on the device, provide a place on the device
where the date of installation can be written, incorporate a
"hush" hush feature, incorporate an
"end-of-life" end-of-life feature that provides
notice that the device needs to be replaced, and, if battery
operated, contain a tamper-resistant
nonreplaceable, nonremovable battery with a minimum
10-year life that is capable of powering the smoke
alarm for a minimum of 10 years .
(3) Existing law requires, upon the transferor of any real
property containing a single-family dwelling, as specified, to
deliver to the transferee a written statement indicating that the
transferor is in compliance with specified smoke detector
requirements.
This bill would additionally require, commencing January 1, 2014,
that if a home inspector makes an inspection of any real property
containing a single-family dwelling, the inspector's report shall
provide information to the buyer regarding the age of the smoke
detectors in the dwelling, if that fact is known or can be determined
with reasonable effort, whether the placement of the smoke detectors
is in compliance with current building code standards, and, if the
smoke detectors are solely battery operated, if they contain a
battery with a minimum 10-year life.
(4)
(3) Existing law provides that no person shall market,
distribute, offer for sale, or sell any fire alarm system or fire
alarm device in this state unless the system or device has been
approved and listed by the State Fire Marshal.
This bill would additionally provide that, commencing January 1,
2014, in order to be approved and listed by the State Fire Marshal, a
smoke detector alarm shall display the
date of manufacture on the device, provide a place on the device
where the date of installation can be written, incorporate a hush
feature, incorporate an end-of-life feature that provides notice that
the device needs to be replaced, and, if battery operated, contain a
tamper-resistant nonreplaceable,
nonremovable battery with a minimum 10-year life
that is capable of powering the smoke alarm for a
minimum of 10 years .
(5)
(4) Existing law requires an owner of a dwelling unit
intended for human occupancy to install a carbon monoxide device in
each existing dwelling, as specified. Existing law requires the
installation of carbon monoxide devices in each existing
single-family dwelling unit by July 1, 2011, and all other dwelling
units by January 1, 2013. The State Housing Law creates standards for
buildings used for human habitation. A violation of that law is a
crime. Existing law requires an adopting agency or state agency that
proposes new building standards to submit those standards for review
by the California Building Standards Commission.
This bill would require the installation of carbon monoxide
devices in all existing hotel and motel dwelling units intended
for human occupancy by January 1, 2016. The bill would require
the Department of Housing and Community Development to adopt building
standards to implement those provisions by July 1, 2014. Because the
violation of a building standard is a crime, the bill would impose a
state-mandated local program.
(6)
(5) 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 13113.7 of the Health and Safety Code is
amended to read:
13113.7. (a) (1) Except as otherwise
provided in this section, a smoke detector
alarm , approved and listed by the State Fire Marshal pursuant
to Section 13114 at the time of installation , shall be
installed, in accordance with the manufacturer's instructions in each
dwelling intended for human occupancy within the earliest
applicable time period as follows: on or after January
1, 1987.
(1) For all dwelling units intended for human occupancy, 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 on
or after January 1, 1987.
(2) For all dwelling units intended for human occupancy for which
a building permit is issued on or after January 1, 2014, for
alterations, repairs, or additions exceeding one thousand dollars
($1,000), the permit issuer shall not sign off on the completion of
work until the permittee demonstrates that all smoke alarms required
for the dwelling unit are devices approved and listed by the State
Fire Marshal pursuant to Section 13114.
However,
(3) However, if any local rule,
regulation, or ordinance, adopted prior to the compliance
dates specified in paragraphs (1) and (2) January 1,
1987, requires installation in a dwelling unit intended for
human occupancy of smoke detectors alarms
which receive their power from the electrical system of the
building and requires compliance with the local rule, regulation, or
ordinance at a date subsequent to the dates specified in this
section, the compliance date specified in the rule, regulation, or
ordinance shall, but only with respect to the dwelling units
specified in this section, take precedence over the dates
date specified in this section.
The State Fire Marshal may adopt regulations exempting dwellings
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.
Unless
(4) Unless prohibited by local
rules, regulations, or ordinances, a battery-operated smoke
detector alarm , which otherwise meets
met the standards adopted pursuant to Section
13114 for smoke detectors alarms at the time
of installation , satisfies the requirements of this section.
(5) A fire alarm system with smoke alarms installed in accordance
with the State Fire Marshal's regulations may be installed in lieu of
smoke alarms required pursuant to paragraph (1) or (2).
(b) "Dwelling units intended for human occupancy," as used in this
section, includes a duplex one -
or two-unit dwelling , lodging house, apartment complex, hotel,
motel, condominium, stock cooperative, time-share project, or
dwelling unit of a multiple-unit dwelling complex ,
or factory-built housing as defined in Section 19971 . For the
purpose of this part, "dwelling units intended for human occupancy"
does not include manufactured homes as defined in Section 18007,
mobilehomes as defined in Section 18008, and commercial coaches as
defined in Section 18001.8.
(c) (1) The owner of each
dwelling unit subject to this section shall supply and install smoke
detectors alarms 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. In the case of 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 alarm
shall also be listed by the State Fire Marshal.
(2) Commencing January 1, 2014, an owner of a single-family
dwelling that is rented or leased shall ensure that the smoke
detectors for the dwelling are operational at the time that the
tenant takes possession, that placement of the smoke detectors is in
compliance with current building code standards, and that, if the
smoke detectors are solely battery operated, they contain a battery
with a minimum 10-year life.
(d) A high-rise structure, as defined in subdivision (b) of
Section 13210 and regulated by Chapter 3 (commencing with Section
13210), and which is used for purposes other than as dwelling units
intended for human occupancy, is exempt from the requirements of this
section.
(e) (1) The owner shall be responsible for
testing and maintaining detectors alarms
in hotels, motels, lodging houses, and common
stairwells of apartment complexes , and other
multiple dwelling multiple-dwelling
complexes in which units are neither rented nor leased .
(2) The owner of a hotel, motel, lodging house, apartment complex,
or other multiple-dwelling complex in which units are rented or
leased, and commencing January 1, 2014, the owner of a single-family
dwelling that is rented or leased, shall be responsible for testing
and maintaining alarms required by this section as follows:
An
(A) An owner or the owner's agent
may enter any dwelling unit, efficiency dwelling unit, guest room,
and suite owned by the owner for the purpose of installing,
repairing, testing, and maintaining single station smoke
detectors alarms required by this section.
Except in cases of emergency, the owner or owner's agent shall give
the tenants of each such 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 absence of evidence to the contrary.
The smoke detector shall be operable at
(B) At the time that the
tenant takes possession. The owner shall ensure that placement of
the smoke detectors is a new tenancy is created, the
owner shall ensure that smoke alarms are operable and located
in compliance with current building code standards , and
that, if a smoke detector is solely battery operated, it contains a
battery with a minimum 10-year life . The
apartment complex tenant shall be responsible for notifying
the manager or owner if the tenant becomes aware of an inoperable
smoke detector alarm within his or her
unit. The owner or authorized agent shall correct any reported
deficiencies in the smoke detector alarm
and shall not be in violation of this section for a deficient
smoke detector alarm when he or she has
not received notice of the deficiency.
(f) A violation of this section is an infraction punishable by a
maximum fine of two hundred dollars ($200) for each offense.
(g) 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 smoke detector alarm .
(h) This section shall not apply to the installation of smoke
detectors in single-family dwellings or factory-built housing which
is regulated by Section 13113.8, as added by Assembly Bill No. 2285
of the 1983-84 Regular Session.
SEC. 2. Section 13113.8 of the Health and Safety Code is amended
to read:
13113.8. (a) (1) On and
after January 1, 1986, every single-family dwelling and factory-built
housing, as defined in Section 19971, which is sold shall have an
operable smoke detector. The detector alarm.
At the time of installation, the alarm shall be
approved and listed by the State Fire Marshal and installed in
accordance with the State Fire Marshal's regulations. Unless
prohibited by local rules, regulations, or ordinances, a
battery-operated smoke detector alarm that
met the standards adopted pursuant to Section 13114 for smoke alarms
at the time of installation shall be deemed to satisfy the
requirements of this section.
(2) For all dwelling units intended for human occupancy, upon the
owner's application on or after January 1, 2014, for a permit for
alterations, repairs, or additions, exceeding one thousand dollars
($1,000), all smoke detectors required for the dwelling unit shall
comply with paragraph (2) of subdivision (b) of Section 13114.
(b) (1) On and after January
1, 1986, the transferor of any real property containing a
single-family dwelling, as described in subdivision (a), whether the
transfer is made by sale, exchange, or real property sales contract,
as defined in Section 2985 of the Civil Code, shall deliver to the
transferee a written statement indicating that the transferor is in
compliance with this section. The disclosure statement shall be
either included in the receipt for deposit in a real estate
transaction, an addendum attached thereto, or a separate document.
(2) Commencing January 1, 2014, if a home inspector makes an
inspection of any real property containing a single-family dwelling,
the inspector's report shall provide information to the buyer
regarding the age of the smoke detectors in the dwelling, if that
fact is known or can be determined with reasonable effort, whether
the placement of the smoke detectors is in compliance with current
building code standards, and, if the smoke detectors are solely
battery operated, whether they contain a battery with a minimum
10-year life.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title
in the case of a sale or exchange, or prior to execution of the
contract where the transfer is by a real property sales contract, as
defined in Section 2985. For purposes of this subdivision, "delivery"
means delivery in person or by mail to the transferee or transferor,
or to any person authorized to act for him or her in the
transaction, or to additional transferees who have requested delivery
from the transferor in writing. Delivery to the spouse of a
transferee or transferor shall be deemed delivery to a transferee or
transferor, unless the contract states otherwise.
(d) This section does not apply to any of the following:
(1) Transfers which are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers pursuant to a writ of execution, transfers by a
trustee in bankruptcy, transfers by eminent domain, or transfers
resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale.
(4) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers from one coowner to one or more coowners.
(6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
(7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation, or from
a property settlement agreement incidental to either of those
decrees.
(8) Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(9) Transfers under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6
of Division 1 of the Revenue and Taxation Code.
(e) No liability shall arise, nor any action be brought or
maintained against, any agent of any party to a transfer of title,
including any person or entity acting in the capacity of an escrow,
for any error, inaccuracy, or omission relating to the disclosure
required to be made by a transferor pursuant to this section.
However, this subdivision does not apply to a licensee, as defined in
Section 10011 of the Business and Professions Code, where the
licensee participates in the making of the disclosure required to be
made pursuant to this section with actual knowledge of the falsity of
the disclosure.
(f) Except as otherwise provided in this section, this section
shall not be deemed to create or imply a duty upon a licensee, as
defined in Section 10011 of the Business and Professions Code, or
upon any agent of any party to a transfer of title, including any
person or entity acting in the capacity of an escrow, to monitor or
ensure compliance with this section.
(g) 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.
(h) Local ordinances requiring smoke detectors
alarms in single-family dwellings may be enacted or
amended. However, the ordinances shall satisfy the minimum
requirements of this section.
(i) For the purposes of this section, "single-family dwelling"
includes a one- or two-unit dwelling, but does not include
a manufactured home as defined in Section 18007, a mobilehome as
defined in Section 18008, or a commercial coach as defined in Section
18001.8.
(j) This section shall not apply to the installation of smoke
detectors in dwellings intended for human occupancy, as defined in
and regulated by Section 13113.7 of the Health and Safety Code, as
added by Senate Bill No. 1448 in the 1983-84 Regular Session.
SEC. 3. Section 13114 of the Health and Safety Code is amended to
read:
13114. (a) The State Fire Marshal, with the advice of the State
Board of Fire Services, shall adopt regulations and standards as he
or she may determine to be necessary to control the quality and
installation of fire alarm systems and fire alarm devices marketed,
distributed, offered for sale, or sold in this state.
(b) (1) No person shall market, distribute, offer for sale, or
sell any fire alarm system or fire alarm device in this state unless
the system or device has been approved and listed by the State Fire
Marshal.
(2) Commencing January 1, 2014, in order to be approved and listed
by the State Fire Marshal, a smoke detector
alarm shall display the date of manufacture on the device,
provide a place on the device where the date of installation can be
written, incorporate a hush feature, incorporate an end-of-life
feature that provides notice that the device needs to be replaced,
and, if battery operated, contain a tamper-resistant
nonreplaceable, nonremovable battery
with a minimum 10-year life that is capable of
powering the smoke alarm for a minimum of 10 years .
(c) (1) The State Fire Marshal shall convene a working group to
address the issues specified in paragraph (2), made up of the
following representatives to the extent they are willing to
participate:
(A) Representatives of at least four manufacturers of fire alarm
devices or systems whose products are currently listed pursuant to
this section and whose names are provided to the State Fire Marshal
as manufacturer representatives by the National Electrical
Manufacturers Association.
(B) A fire protection engineer who is not associated with the
State Fire Marshal's Office.
(C) Staff from the State Fire Marshal's Office for consultation
purposes, as determined by the State Fire Marshal.
(D) Representatives of four local fire marshals with experience in
building plan checking and code compliance.
(E) A representative of a nationally recognized testing
laboratory.
(F) The State Fire Marshal or his or her designee.
(2) (A) Giving due consideration to public safety issues, the
working group shall develop a process for listing of fire alarms and
safety devices by the State Fire Marshal. Listing shall be approved
upon receipt of certification of the fire alarm by a State Fire
Marshal approved nationally recognized testing laboratory. All
appropriate fees associated with the building materials listing
application must be received by the Office of the California State
Fire Marshal prior to approval.
(B) Implementation of the process developed pursuant to
subparagraph (A) of paragraph (2) of subdivision (c) shall be through
administrative action or legislative action in the regular session
commencing December 4, 2006, and shall go into effect no later than
January 1, 2008.
(3) (A) The State Fire Marshal shall appoint the members of the
working group no later than October 1, 2006, and shall convene the
first meeting of the working group no later than November 1, 2006.
(B) The State Fire Marshal shall approve the revised process no
later than March 30, 2007.
(C) Nothing in this section shall preclude the State Fire Marshal
and members of the fire alarm safety devices from convening in an ad
hoc working group in advance of the effective date of this statute.
SEC. 4. Section 17926 of the Health and Safety Code is amended 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 July 1, 2011.
(2) For all existing hotel and motel dwelling units intended for
human occupancy on or before January 1, 2016.
(3) For all other existing dwelling units intended for human
occupancy on or before January 1, 2013.
(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.
(f) On or before July 1, 2014, the department shall submit for
adoption and approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5, building standards for the installation of carbon
monoxide detectors in hotel and motel dwelling units intended for
human occupancy. In developing these standards, the department shall
do both of the following:
(1) Convene and consult a stakeholder group that includes members
with expertise in multifamily dwellings, lodging, maintenance, and
construction.
(2) Review and consider the most current national codes and
standards available related to the installation of carbon monoxide
detection.
(g) For purposes of this section and Section 17926.1, "dwelling
unit intended for human occupancy" has the same meaning as that term
is defined in Section 13262.
SEC. 5. 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.