BILL ANALYSIS Ó
SB 1394
Page 1
Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 1394 (Lowenthal) - As Amended: June 11, 2012
SENATE VOTE : 32-3
SUBJECT : Dwelling safety: carbon monoxide and smoke detectors
SUMMARY : Delays the date by which an owner must install a
carbon monoxide device in an existing hotel or motel unit from
January 1, 2013 to January 1, 2016, and makes a number of
changes to existing laws relating to the installation of smoke
detectors in residential dwellings. Specifically, this bill :
1)Delays the date by which an owner must install a carbon
monoxide device in an existing hotel and motel unit from
January 1, 2013 to January 1, 2016.
2)Requires the Department of Housing and Community Development
(HCD), on or before July 1, 2014, to submit to the Building
Standards Commission (BSC) for adoption building standards for
the installation of carbon monoxide detectors in hotel and
motel units. In developing these standards, HCD must convene
and consult a stakeholder group and review and consider the
most current national standards available related to the
installation of carbon monoxide detectors.
3)After January 1, 2014, requires that a smoke alarm, in order
for the State Fire Marshal to approve and list the device,
display the date of manufacture, provide a place where the
date of installation can be written, incorporate a hush
feature (which allows a resident to manually turn off a
sounding alarm), incorporate an end-of-life feature providing
notice that the device needs to be replaced, and, if
battery-operated, contain a nonreplaceable, nonremovable
battery that is capable of powering the smoke alarm for a
minimum of 10 years.
4)Prohibits, for all dwellings 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 from signing off on the completion of work until
the permittee demonstrates that all smoke alarms required for
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the dwelling are approved and listed by the State Fire
Marshal.
5)Provides 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.
6)Requires, on or before January 1, 2016, the owner of a
dwelling unit intended for human occupancy in which one or
more units is rented or leased to install additional smoke
alarms, as needed, to ensure that smoke alarms are located in
compliance with current building standards and specifies that
existing alarms need not be replaced unless the alarm is
inoperable.
7)Requires the State Fire Marshal to approve the manufacturer's
instructions for each smoke alarm and ensure that the
instructions are consistent with current building standard
requirements for the location and placement of smoke alarms.
8)Expands the definition of "dwelling units intended for human
occupancy" for these purposes to include factory-built
housing, as defined.
9)Deletes the requirement that a smoke detector be installed in
the common stairwells of apartment complexes and other
multiple-dwelling complexes.
10)Requires, commencing January 1, 2014, owners of single-family
dwellings that are rented or leased to be responsible for
testing and maintaining smoke alarms, as specified.
11)Requires an owner of a multifamily rental, at the time a new
tenancy is created, to ensure that smoke alarms are operable
and located in compliance with current building code
standards.
EXISTING LAW:
1)Requires that smoke detectors be installed in all existing
multifamily residential dwellings and in existing
single-family dwellings that are sold (Health and Safety Code
Section 13113.7 and 13113.8).
2)Requires that a carbon monoxide device approved by the State
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Fire Marshal be installed in each existing dwelling unit
having a fossil fuel burning heater or appliance, fireplace,
or an attached garage by July 1, 2011 for all existing
single-family homes and January 1, 2013 for all other existing
dwelling units (Health and Safety Code Section 17926).
FISCAL EFFECT : Unknown
COMMENTS :
The California Building Standards Law establishes the California
Building Standards Commission (BSC) and the process for adopting
state building standards. Under this process, relevant state
agencies propose amendments to model building codes, which the
BSC must then adopt, modify, or reject. The Department of
Housing and Community Development (HCD) is the relevant state
agency for residential building standards.
Building standards are prospective in that they only to apply to
new construction or to existing buildings that undergo
alteration or rehabilitation. In a few instances, however, the
Legislature has applied building standard-like requirements to
existing buildings. Current law requires that smoke detectors be
installed in all existing multifamily residential dwellings and
in existing single-family dwellings that are sold. To comply
with the smoke detector statute, an affected residential
property owner must install a smoke detector approved and listed
by the State Fire Marshal. With respect to multifamily rental
housing, the smoke detector also must be operable at the time
that a tenant takes possession. The tenant is then responsible
for notifying the owner if the smoke detector becomes
inoperable. The owner must correct any reported deficiencies in
the smoke detector but is not in violation of the law if he or
she has not received notice of any deficiency. Failure to comply
is an infraction punishable by a maximum fine of $200 for each
offense.
Under SB 183 (Lowenthal), Chapter 19, Statutes of 2010, an owner
of an existing dwelling unit must install a carbon monoxide
device approved by the State Fire Marshal in each existing
dwelling unit having a fossil fuel burning heater or appliance,
fireplace, or an attached garage, by July 1, 2011 for all
existing single-family homes and January 1, 2013 for all other
existing dwelling units.
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SB 183 further required an owner to 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. Upon discovery of a violation, an enforcement agency must
give the owner a 30-day notice to correct. If the owner fails to
correct the violation within that time period, the owner is
subject to an infraction punishable by a maximum fine of $200
for each offense.
According to the author, properly operating smoke alarms can
mean the difference between life and death. Data clearly shows
that most fire deaths today - over two-thirds - happen in homes
with no smoke alarms or no working alarms. To enhance the
effective utilization of smoke alarms in single and multi-family
dwellings in order to better prevent fire related injuries or
death, this bill seeks to implement some of the recommendations
of the State Fire Marshal's recent Smoke Alarm Task Force. In
addition, the author seeks to give hotel and motel owners more
time and more direction on how to comply with recent legislation
requiring the installation of carbon monoxide alarms because,
according to the author, the current location placement
standards may not be appropriate for hotels and motels.
Among the consensus recommendations in the State Fire Marshal's
Smoke Alarm Task Force final report from August 2011 are the
following:
Legislation should be introduced to require smoke alarms
in existing residential occupancies that are being sold,
leased, or rented to conform to current building standards
for the location of smoke alarms. The smoke alarms should
bear a manufacturer's marking confirming they are less than
ten years old and be either AC powered with battery backup
or be powered by a long life primary battery.
Regulations should be adopted that require smoke alarms
and smoke detectors to be replaced when they fail to
respond to operability tests or no longer than ten years
from the date of manufacture marked on the product.
Regulations should be revised to require smoke alarms
that are solely battery powered to be packaged and sold
with a ten year battery and have a silence feature.
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SB 1394 delays the date by which an owner must install a carbon
monoxide device in an existing hotel and motel unit pursuant to
SB 183 from January 1, 2013 to January 1, 2016. This will allow
time for HCD to convene a stakeholder group and review and
consider the most current national standards related to the
installation of carbon monoxide detectors before submitting to
the BSC for adoption building standards for the installation of
carbon monoxide detectors in hotel and motel units. SB 1394
additionally implements recommendations from the Smoke Alarm
Task Force and makes additional changes to the law to improve
the effectiveness of smoke alarm requirements.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters' Association (sponsor)
California Hotel and Lodging Association
California Travel Association
Child Abuse Prevention Center
Kidde
Opposition
None on file
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085