BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1394
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          SENATE THIRD READING
          SB 1394 (Alan Lowenthal)
          As Amended  June 11, 2012
          Majority vote 

           SENATE VOTE  :32-3  
           
           HOUSING             7-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Torres, Atkins, Bradford, |Ayes:|Fuentes, Harkey,          |
          |     |Cedillo, Beth Gaines,     |     |Blumenfield, Bradford,    |
          |     |Hueso, Jeffries           |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
           ----------------------------------------------------------------- 

           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 








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            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 
            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 








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            tenancy is created, to ensure that smoke alarms are operable 
            and located in compliance with current building code 
            standards.
           
          FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, this bill would result in minor costs of less than 
          $25,000 to the State Fire Marshal and HCD.

           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.  HCD is 
          the relevant state agency for residential building standards.  

          Building standards are prospective in that they only 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.

          SB 183 further required an owner to install the devices in a 
          manner consistent with building standards applicable to new 








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          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:

          1)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 10 years 
            old and be either AC powered with battery backup or be powered 
            by a long life primary battery. 

          2)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 10 years from the date of 
            manufacture marked on the product. 

          3)Regulations should be revised to require smoke alarms that are 
            solely battery powered to be packaged and sold with a 10 year 
            battery and have a silence feature.

          This bill delays the date by which an owner must install a 








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          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. This bill additionally implements recommendations from 
          the Smoke Alarm Task Force and makes additional changes to the 
          law to improve the effectiveness of smoke alarm requirements.  


           Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916) 
          319-2085 


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