BILL ANALYSIS Ó
SB 1394
Page 1
SENATE THIRD READING
SB 1394 (Alan Lowenthal)
As Amended June 11, 2012
Majority vote
SENATE VOTE :32-3
HOUSING 7-0 APPROPRIATIONS 17-0
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|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 |
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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
FN: 0004815