BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 56
AUTHOR: Weber
AMENDED: May 24, 2013
FISCAL COMM: Yes HEARING DATE: July 3, 2013
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Carbon monoxide devices.
SUMMARY
This bill requires a K-12 public or private school building that
is used for educational purposes, is built on or after January
1, 2014, and has a fossil fuel burning furnace located inside
the building to install a carbon monoxide device, and encourages
schools with buildings built prior to January 1, 2014, to also
comply with this requirement.
BACKGROUND
Current law 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 §17074.50)
Current law establishes the Carbon Monoxide Poisoning Prevention
Act of 2010 and, under the Act, 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. Current law
prohibits any person from marketing, distributing, offering for
sale, or selling any carbon monoxide device in this state unless
the device and the instructions have been approved and listed by
the State Fire Marshal. (Health and Safety Code § 13263)
ANALYSIS
This bill :
1) Requires that a private or public K-12 school building that
is used for educational purposes, is built on or after
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January 1, 2014, and has a fossil fuel burning furnace in
the building to have a carbon monoxide device installed.
2) Encourages schools with buildings that meet this criteria
and that were built prior to January 1, 2014 to also
install such a device.
3) Requires that the carbon monoxide device be installed in
close proximity to each furnace within the public or
private school building.
4) Authorizes the Office of Public School Construction (OPSC)
to adopt any rules and regulations it deems necessary to
implement these provisions.
5) Makes a number of related findings and declarations.
STAFF COMMENTS
1) Need for the bill . 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. The author reports that forty-two
students and up to 10 adults were taken to the local
hospital after firefighters discovered a carbon monoxide
leak from the school's furnace. The elementary school did
not have carbon monoxide detectors in its classrooms, nor
does the State of Georgia require their installation. The
author believes that 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.
2) Similar legislation . SB 183 (Lowenthal), Chapter 183,
Statutes of 2010, required carbon monoxide detectors to be
installed in existing single family dwellings intended for
human occupancy that have a fossil fuel burning appliance,
a fireplace, or an attached garage by January 1, 2013.
Motels and hotels that meet these criteria must have a
carbon monoxide device by January 1, 2016. This bill
extends these same provisions to K-12 public and private
school buildings, as specified.
3) Inappropriate oversight ? As drafted, this bill directs the
Office of Public School Construction to adopt rules and
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regulations to implement the provisions of the bill. The
OPSC has no jurisdiction over private school buildings and
is primarily responsible for adopting regulations to
implement the State School Facility Program. It is not the
appropriate authority to enforce health and safety or
building standards.
Staff recommends the bill be amended to delete Page 5,
lines 1-3 and instead insert:
a) On page 5, line 27 to delete "defined in" and
insert "approved and listed per" to clarify that the
carbon monoxide device must be approved by the State
Fire Marshall.
b) To require the State Fire Marshall to propose
adoption of appropriate standards for implementation
of the bill's provisions at the next code adoption
cycle of the California Building Standards Commission.
SUPPORT
California Federation of Teachers
California State PTA
OPPOSITION
None received.