BILL ANALYSIS �
AB 127
Page 1
Date of Hearing: April 29, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 127 (Skinner) - As Amended: April 22, 2013
SUBJECT : Fire safety: flame retardants: building insulation
SUMMARY : Requires the State Fire Marshal (SFM), in consultation
with the Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation (Bureau), to propose for
adoption by the Building Standards Commission (BSC) building
standards that maintain overall fire safety while giving full
consideration to the long-term human and ecological health
impacts associated with chemical flame retardants.
EXISTING LAW :
1)Identifies state entities with authority to develop building
standards for specified residencies:
a) Office of the State Fire Marshall develops standards
relating to fire and panic safety;
b) Department of Housing and Community Development (HCD)
develops standards for residential construction;
c) State Architect develops standards for public school
construction;
d) Office of Statewide Health Planning and Development
develops standards for hospitals and health clinics; and,
e) BSC when no other state entity has the authority or
expertise to do so.
2)Requires BSC to consult with specified entities when
developing green building standards, including the California
Environmental Protection Agency, the Department of Resources
Recycling and Recovery, the State Air Resources Board, the
Department of Toxic Substances Control, the Department of
Public Health, and the Department of Transportation.
3)Establishes a fee of $4 per $100,000 in value on each building
permit issued by a local jurisdiction. Allows the
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jurisdiction to keep 10 percent of the fee, and directs the
remaining amount to the Building Standards Administration
Special Revolving Fund to cover the state agency costs
associated with developing building standards, with an
emphasis on green building standards. Authorizes BSC to
reduce the fee if it determines that a lesser amount is
sufficient.
4)Establishes the Home Furnishings and Thermal Insulation Act,
which is administered by the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation
(Bureau). Under the Act:
a) Defines "insulation material" to mean any material or
combination of materials applied or installed within or
contiguous to a roof, wall, ceiling, or floor of a building
or structure, or contiguous to the surface of any appliance
or its intake or outtake mechanism, for the purpose of
reducing heat transfer and thus energy requirements for
heating and cooling or reducing adverse temperature
fluctuations of the building, room, appliance, or
structure.
b) Authorizes the Bureau, with input from the California
Energy Commission (CEC), the State Fire Marshall,
manufacturers, distributors, and licensed installers, to
establish insulation material standards governing the
quality of all insulation material sold or installed in the
state, including safety and thermal performance.
c) Requires that any standards adopted relating to
insulation material be submitted to BSC for adoption into
state building standards.
THIS BILL :
1)States numerous findings and declarations relating to the
environmental and health impacts of chemical flame retardants
and their use in building insulation.
2)States that it is in the best interest of the state to reduce
the use of chemical flame retardants in building insulation,
while preserving building fire safety and encouraging healthy
building practices.
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3)By January 1, 2015, requires the SFM, in consultation with the
Bureau, to propose updated flammability standards for adoption
by BSC that:
a) Maintain overall building fire safety while "giving full
consideration" to the long-term health and environmental
effects of chemical flame retardants; and,
b) Ensure that there is adequate protection from fires that
travel between walls and into confined areas, including
crawl spaces and attics.
FISCAL EFFECT : Unknown
COMMENTS :
Background on chemical flame retardants . A significant number
of peer-reviewed studies have linked chemical flame retardants
(generally halogenated organic compounds with chlorine or
bromine bonded to carbon) to numerous public health problems,
including cancer, neurological and reproductive impairments,
infertility, reduced IQ, hormone and thyroid disruption, hearing
deficits, and learning disorders. Scientific evidence has
documented that many halogenated fire retardants are persistent,
accumulate up the food chain, and are now found at increasing
levels in people, wildlife, and our food supply. Developing
fetuses and young children are the most vulnerable. Studies
show that significant exposure occurs as halogenated fire
retardants escape from polyurethane foam used in furniture and
other products and are present in household dust. According to
the Department of Toxic Substances Control, the level of
polybromainated diphenyl ethers (PBDEs) measured in humans in
the U.S. and Canada are typically 10 times higher than in
Europe, and appear to be doubling every few years. These
chemicals are known to accumulate in blood, fat, and breast
milk.
On July 18, 2012, Governor Brown directed the Bureau to review
and revise the state's furniture flammability standards to
reduce the use of toxic flame retardants in home furnishings.
Governor Brown stated, "Toxic flame retardants are found in
everything from high chairs to couches and a growing body of
evidence suggests that these chemicals harm human health and the
environment. We must find better ways to meet fire safety
standards by reducing or eliminating - wherever possible -
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dangerous chemicals." The Bureau is currently accepting
comments on the revised regulations.
While the updated requirements for furniture will reduce
exposure to chemical flame retardants, they are still widely
used in building insulation. These chemicals are most common in
the various types of "foam" insulation (i.e., polystyrene,
polysocyanurate, and polyurethane) that are commonly used in
green building projects.
Fire safety . As with upholstered furniture, the use of barriers
has the potential to be as effective at reducing fire risk as
chemical flame retardants. A recent paper, Flame Retardants in
Building Insulation: A Case for Re-Evaluating Building Codes,
written by a number of fire safety experts and scientists, calls
for revisions to the building code and building insulation
standards. According to the paper, updated standards could
improve fire safety through barriers such as wallboard and
decrease or eliminate the need for the large amounts of chemical
flame retardants currently used.
While chemical flame retardants may reduce fire risks, they pose
significant health risks to firefighters. According to the San
Francisco Firefighters Cancer Prevention Foundation,
firefighters are exposed to a "chemical cocktail" every time
they enter a building fire. After the fire is extinguished, the
emission of toxic gasses continues. Firefighters rely on
"combustion gases indicators" (CGIs) to indicate when they are
"clear" to remove their breathing apparatuses. However, CGIs
are only able to detect a small number of the types of toxic
gases that may be present after a fire. Chemical flame
retardants create toxic emissions when they burn, including
known carcinogens. In 2009, the San Francisco Fire Department
participated in a peer-reviewed study, which found that the
blood levels of PBDEs in the 12 firefighters tested were over 30
percent higher than the general population in California, and 60
percent higher than the general population in the U.S.
This bill . This bill requires the SFM, in consultation with the
Bureau, to update the state's building standards relating to
fire safety to reduce the need for chemical flame retardants in
building insulation.
REGISTERED SUPPORT / OPPOSITION :
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Support
Association of Regional Center Agencies
Breast Cancer Action
Breast Cancer Fund
California Professional Firefighters
Center for Environmental Health
Clean Water Action
Consumer Federation of California
Developmental Center for Appropriate Technology
Episcopal Diocese Commission on the Environment
Fire Science and Technology, Inc.
Green Science Policy Institute
Lake/Flato Architects
Natural Resources Defense Council
Northern California Chapter of Architects/Designers/Planners for
Social Responsibility
Physicians for Social Responsibility, San Francisco Bay Area
Chapter
San Francisco Firefighters Cancer Prevention Foundation
Siegel & Strain Architects
Sierra Club California
Silicon Valley Toxics Coalition
Trauma Foundation
United States Green Building Council, California Chapter
Opposition
All Seasons Insulation, Inc.
American Chemistry Council
Best Contracting Services
California Chamber of Commerce
California Manufacturers and Technology Association
Center for the Polyurethanes Industry
Central Coating Company, Inc.
CIServices, Inc.
Cool Roof Systems
Diamond Lines, Inc.
Expanded Polyurethanes Industry
Extruded Polystyrene Foam Association
Chemical Industry Council of California
Henry Company
Industrial Environmental Association
Insulate SB, Inc.
National Coatings Corporation
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Polyisocyanurate Insulation Manufacturers Association
Quadrant Spray Foam Technologies
SDI Insulation
Spray Polyurethane Foam Alliance
Steve Easley & Associates
The Dow Chemical Company
Western Pacific Roofing, Inc.
5-Star Insulation
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092