California Legislature—2013–14 Regular Session

Assembly BillNo. 645


Introduced by Assembly Member Torres

February 21, 2013


An act to amend Section 13114 of the Health and Safety Code, relating to dwelling safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 645, as introduced, Torres. Dwelling safety: smoke detectors.

Existing law prohibits a person from marketing, distributing, offering for sale, or selling a fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. Existing law, commencing January 1, 2014, requires a smoke alarm to have certain features, including a feature that provides notice that the device needs to be replaced, in order to be approved and listed by the State Fire Marshal.

This bill would delete this requirement and would extend to January 1, 2015, the date by which smoke detectors need to have certain features to be approved and listed.

Existing law authorizes the State Fire Marshal to suspend enforcement of these requirements for not to exceed 6 months if certain conditions exist.

This bill would delete this authorization.

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

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

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SECTION 1.  

Section 13114 of the Health and Safety Code is
2amended to read:

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13114.  

(a) The State Fire Marshal, with the advice of the State
4Board of Fire Services, shall adopt regulations and standards as
5begin delete he or sheend deletebegin insert the marshalend insert may determine to be necessary to control
6the quality and installation of fire alarm systems and fire alarm
7devices marketed, distributed, offered for sale, or sold in this state.

8(b) (1) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert market, distribute, offer for sale,
9or sell any fire alarm system or fire alarm device in this state unless
10the system or device has been approved and listed by the State
11Fire Marshal.

12(2) (A) Commencing January 1,begin delete 2014end deletebegin insert 2015end insert, in order to be
13approved and listed by the State Fire Marshal, a smoke alarm shall
14display the date of manufacture on the device, provide a place on
15the device where the date of installation can be written, incorporate
16a hush feature,begin delete incorporate an end-of-life feature that provides
17notice that the device needs to be replaced,end delete
and, if battery operated,
18contain a nonreplaceable, nonremovable battery that is capable of
19 powering the smoke alarm for a minimum of 10 years.

20(B) The State Fire Marshal shall have the authority to create
21exceptions to this paragraph through its regulatory process. The
22exceptions that may be considered as part of the regulatory process
23shall include, but are not limited to, fire alarm systems with smoke
24detectors, fire alarm devices that connect to a panel, or other
25devices that use a low-power radio frequency wireless
26communication signal.

27(3) The State Fire Marshal shall approve the manufacturer’s
28instructions for each smoke alarm and shall ensure that the
29instructions are consistent with current building standard
30requirements for the location and placement of smoke alarms.

begin delete

31(4) If the State Fire Marshal determines that a sufficient amount
32of tested and approved smoke alarms are not available to property
33owners to meet the requirements of this article as of January 1,
342014, the State Fire Marshal may suspend enforcement of the
35requirements described in paragraph (2) for a period not to exceed
36six months. If the State Fire Marshal elects to suspend enforcement
37of these requirements, the department shall notify the Secretary
P3    1of State of its decision and shall post a public notice that describes
2its finding and decision on its Internet Web site.

end delete


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