BILL ANALYSIS �
AB 56
Page 1
Date of Hearing: March 20, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 56 (Weber) - As Amended: March 11, 2013
SUBJECT : School facilities: carbon monoxide devices
SUMMARY : Requires the installation of a carbon monoxide device
in any private or public kindergarten through grade 12 school
building with a furnace located inside the school building,
built or modernized on or after January 1, 2014. Specifically,
this bill :
1)Specifies that the carbon monoxide device, as defined in
Section 13262 of the Health and Safety Code, shall be
installed in close proximity to each furnace located within
the public or private school building so that the device can
accurately detect the leakage of carbon monoxide.
2)Encourages a private or public school used for educational
purposes for kindergarten through grade 12 that has a furnace
located inside the school building, and that was built or
modernized prior to January 1, 2014, to have a carbon monoxide
device installed in the building.
3)Makes a number of findings and declarations regarding the
dangers of carbon monoxide and the importance of carbon
monoxide detectors, including the following:
a) The federal Centers for Disease Control and Prevention
estimate that each year more than 400 American die, more
than 20,000 visit the emergency room, and more than 4,000
are hospitalized from unintentional carbon monoxide
poisoning.
b) The State Air Resources Board estimates that every year
carbon monoxide accounts for between 30 to 40 avoidable
deaths, possibly thousands of avoidable illnesses, and
between 175 and 700 avoidable emergency room and hospital
visits.
c) Carbon monoxide devices provide a vital, highly
effective and low-cost protection against carbon monoxide
poisoning and these devices should be made available to
every school in California.
AB 56
Page 2
EXISTING LAW :
1)Requires an owner of a dwelling unit intended for human
occupancy to 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 before July 1, 2011 for all existing
single-family dwelling units, January 1, 2016 for all existing
hotel and motel dwelling units intended for human occupancy,
and January 1, 2013 for all other existing dwelling units
intended for human occupancy. (Health and Safety Code Section
17926)
2)Establishes the Carbon Monoxide Poisoning Prevention Act of
2010 and defines a "carbon monoxide device" as a device that
meets all of the following requirements: 1) a device designed
to detect carbon monoxide and produce a distinct, audible
alarm; 2) A device that is battery powered, a plug-in device
with battery backup or a device installed as recommended by
Standard 720 of the National Fire Protection Association; and
3) If the device is combined with a smoke detector, the
combined device shall comply with specified requirements.
(Health and Safety Code Section 13262)
3)Requires the State Fire Marshal to develop a certification and
decertification process to approve and list carbon monoxide
devices and to disapprove and delist previously approved
devices, if necessary. (Health and Safety Code Section 13263)
4)Requires, under the School Facility Program, all new
construction projects to include an automatic fire detection,
alarm, and sprinkler system, and all modernization projects in
excess of $200,000 to include an automatic fire detection and
alarm system. (Education Code Sections 17074.50)
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal. However, the Assembly Committee on Rules has
determined that there is potential fiscal effect and has
referred the bill to the Assembly Appropriations Committee upon
passage from this Committee.
COMMENTS : Background . Carbon monoxide is a colorless, odorless
gas that can cause illness and fatality. It is produced when
burning gasoline, propane, natural gas, oil and wood and is
AB 56
Page 3
commonly referred to as a "silent killer". A leak can result
from a number of sources, including any malfunctioning
fuel-burning appliance such as a furnace or a water heater, or
from cars left running in an enclosed area, such as an attached
garage. According to the Centers for Disease Control and
Prevention (CDC), exposure to carbon monoxide can cause loss of
consciousness and even death. The most common symptoms of carbon
monoxide poisoning are headache, dizziness, weakness, nausea,
vomiting, chest pain, and confusion. The CDC reports that over
400 people die every year due to accidental carbon monoxide
poisoning.
Existing requirements . California already requires homeowners
to have a carbon monoxide device that is approved by the State
Fire Marshal installed in dwelling units with a fossil fuel
burning heater or appliance, fireplace, or an attached garage.
Hotels and motels are required to have the devices by January 1,
2016 after the Department of Housing and Community Development
develops standards for installation of the devices. According
to the National Conference of State Legislatures, 25 states have
laws that require carbon monoxide detectors in residential
buildings. One state requires detectors in certain day-care
centers, group day-care home, and family homes, while only two
states, Connecticut and Maryland, require installation of carbon
monoxide detectors in schools.
According to the author's office, this bill was introduced
following reports of a carbon monoxide leak at Finch Elementary
School in Atlanta, Georgia on December 3, 2012. Forty-two
students and up to 10 adults were taken to the hospital.
Investigators believe a boiler might have been the cause of the
leak. A bill has since been introduced in Georgia requiring all
public and private elementary and secondary schools to have
carbon monoxide detectors and warning equipment by July 1, 2013.
The bill did not pass this legislative session but can continue
through the legislative process next January.
This bill requires any private and public school building used
for educational purposes built or modernized on or after January
1, 2014 to have an approved carbon monoxide device installed if
that building has a furnace located inside. Public and private
school buildings built or modernized prior to January 1, 2014
are encouraged to install a carbon monoxide device. The bill
further requires the device to be installed in close proximity
to each furnace so that the device can accurately detect a
AB 56
Page 4
carbon monoxide leak.
There are almost 10,000 K-12 public school buildings in
California. It is unclear how many of them have furnaces inside
the buildings. This bill requires only new schools and schools
modernized after January 1, 2014 to install carbon monoxide
detectors. Since older buildings are likely to have older
furnaces with higher chances of malfunctioning, the author may
wish to consider requiring all buildings to install carbon
monoxide detectors, consistent with the requirement for all
residential buildings and hotels and motels, as required under
the Health and Safety Code.
Committee amendments . It is unclear what constitutes a
"modernization" project. Would minor work such as painting a
classroom trigger the requirements in this bill or is it
triggered only when conducting major projects? The state's
School Facility Program, which allocates state education bond
funds, requires all new construction projects to install an
automatic fire detection, alarm and sprinkler system and all
modernization projects that have an estimated total cost in
excess of $200,000 to install an automatic fire detection and
alarm system. Staff recommends using a similar funding
threshold criterion to trigger the carbon monoxide detector
requirement for modernization projects in this bill.
Staff recommends clarifying that only buildings that have fossil
fuel burning furnaces are required to install carbon monoxide
detectors. Some furnaces are electric.
Arguments in support . The author states that carbon monoxide
"alarms cost between $20 to $50 at retail stores. These devices
provide a vital, highly effective, and low-cost protection
against carbon monoxide poisoning and should be made available
to every school in California to prevent students from CO
[carbon monoxide] exposure."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Opposition
AB 56
Page 5
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087