Amended in Senate September 3, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 29, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 1, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 127


Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Ammiano, Rendon, Stone, and Williams)

January 14, 2013


An act to add Section 13108.1 to the Health and Safety Code, relating to fire safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 127, as amended, Skinner. Fire safety: fire retardants: building insulation.

Existing law authorizes the State Energy Resources Conservation and Development Commission to adopt regulations pertaining to urea formaldehyde foam insulation materials that are reasonably necessary to protect the public health and safety. Existing law provides that these regulations may include prohibition of the manufacture, sale, or installation of this insulation. Existing law also authorizes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to establish by regulation insulation material standards governing the quality of all insulation material sold or installed in the state.

The California Building Standards Law requires all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. Existing law requires the commission to receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle. Existing law requires the commission to adopt, approve, codify, update, and publish green building standards applicable to a particular occupancy, if no state agency has the authority or expertise to propose green building standards for those occupancies.

This bill would require the State Fire Marshal, in consultation with the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulationbegin delete and the Department of Toxic Substances Control, to, by July 1, 2015end delete,begin insert to review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. The bill would require, if deemed appropriate by the State Fire Marshal based on this review, the State Fire Marshal to, by July 1, 2015,end insert propose for consideration by the commission updated insulation flammability standards that accomplish certain things, including maintaining overall building firebegin delete safety while giving full consideration to the long-term human and ecological health impacts associated with chemical flame retardantsend deletebegin insert safetyend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares that for some
2insulation materials, current insulation flammability standards
3can only be met using chemical flame retardants and that new
4standards proposed pursuant to this act may provide manufacturers
5with flexibility in meeting the flammability standards, with or
6without the addition of chemical flame retardants, and would be
7consistent with maintaining overall building fire safety.end insert

8

begin deleteSECTION 1.end delete
9begin insertSEC. 2.end insert  

Section 13108.1 is added to the Health and Safety
10Code
, to read:

P3    1

13108.1.  

The State Fire Marshal, in consultation with the
2Bureau of Electronic and Appliance Repair, Home Furnishings,
3and Thermalbegin delete Insulation and the Department of Toxic Substances
4Control,end delete
begin insert Insulation, shall review the flammability standards for
5building insulation materials, including whether the flammability
6standards for some insulation materials can only be met with the
7addition of chemical flame retardants. Based on this review, and
8if the State Fire Marshal deems it appropriate, he or sheend insert
shall, by
9July 1, 2015, propose for consideration by the California Building
10Standards Commission,begin insert to be adopted end insert at the sole discretion of the
11commission, updated insulation flammability standards that
12accomplish both of the following:

begin delete

13(1)

end delete

14begin insert(a)end insert Maintain overall building firebegin delete safety while giving full
15consideration to the long-term human and ecological health impacts
16associated with chemical flame retardants.end delete
begin insert safety.end insert

begin delete

17(2)

end delete

18begin insert(b)end insert Ensure that there is adequate protection from fires that travel
19between walls and into confined areas, including crawl spaces and
20attics, for occupants of the building and any firefighters who may
21be in the building during a fire.



O

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