Amended in Assembly June 1, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1411

Introduced by Assembly Member Eduardo Garcia

February 27, 2015

An act to add begin insert and repeal end insert Section 13113.95 begin delete to end delete begin insert of end insert the Health and Safety Code, relating to fire protection.

LEGISLATIVE COUNSEL’S DIGEST

AB 1411, as amended, Eduardo Garcia. Fire protection: type 1 clothes dryers.

Existing law establishes the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and requires the office to foster, promote, and develop ways and means of protecting life and property against fire and panic. Existing law requires the State Fire Marshal to adopt regulations and standards necessary to control the quality and installation of fire alarm systems and devices marketed, distributed, offered for sale, or sold in this state. begin delete Existing law prohibits a person from marketing, distributing, offering for sale, or selling any fire alarm system or device in this state unless the system or device has been approved or listed by the State Fire Marshal. Existing law makes a violation of the above provision, and others relating to fire protection, a crime. end delete

This bill would require, on or before begin delete July 1, 2017 end delete begin insert December 31, 2016 end insert , the State Fire begin delete Marshal, with the advice of the State Board of Fire Services, to adopt regulations and standards requiring a visual and audible warning device on a type 1 clothes dryer, as defined, that indicates a hazardous lint buildup. The bill would prohibit, after January 1, 2018, a type 1 clothes dryer from being marketed, distributed, offered for sale, or sold in this state by a retailer unless the dryer incorporates a visual and audible warning device that indicates a hazardous lint buildup. By creating a new crime, the bill would impose a state-mandated local program. end delete begin insert Marshal to work with fire service entities, the appliance industry, disability advocates, and related stakeholders to accomplish certain things, including gathering information, and providing fundings and recommendations to the Legislature, regarding fires related to type 1 clothes dryers, as defined, and the dangers of excessive lint. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Fire safety experts identify excess dryer lint as one of the
leading causes of residential fires in California each year.

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(b) A 2011 report released by the United States Consumer
Product Safety Commission identified fires originating in dryers
as nearly 5 percent of all residential fires occurring annually in
the country. Experts widely agree that this number is grossly
underestimated, however, because nearly one-half of all fires that
originate in dryers are identified as “electrical fires” rather than
being reported as fires that began in dryers. It is more likely that
10 percent of all national home fires begin in washers and dryers.

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(c) The National Fire Prevention Association (NFPA) reported
that in 2006-2010, there were 16,950 home structure fires per year
reported to fire departments throughout the country where clothes
dryers or washing machines were the equipment involved in
ignition, with associated annual losses of 34 civilian deaths, 430
civilian injuries, and $209 million in direct property damage.
Dryers alone accounted for 92 percent of these fires and 87 percent
of the reported deaths. The leading factor contributing to ignition
was failure to clean out the lint buildup.

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(d) Statistics are not available about the number of home fires
in California, specifically, so it is not possible to calculate what
percentage of California home fires are caused by lint buildup in
dryers. If we consider that 12 percent of the nation’s population
are Californians, however, we can imagine the magnitude of
California home fires that likely are caused by lint buildup in
clothes dryers. These fires are entirely preventable.

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(e) Lint is a fire hazard. The UL standard, UL2158, specifies
in Section 7.1.2. relating to appliance marking, that an appliance
shall be permanently marked as follows:

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(1) At or near the exhaust opening of the appliance with the
word “CAUTION” and the following statement or the equivalent:

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“Risk of Fire. A clothes dryer produces combustible lint. The
dryer must be connected to an exhaust to the outdoors. See
Installation Instructions.”

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(2) On a surface readily visible to the user after installation of
the appliance with the word “CAUTION” and the following
statement or the equivalent:

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“Risk of Fire. A clothes dryer produces combustible lint.”

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(f) Lint is a highly combustible material. When it accumulates
in excess in a dryer’s filter, heat from the dryer can cause it to
ignite, starting a fire that quickly spreads throughout the house.
Keeping the machine clean, and having it regularly serviced, can
help prevent a dryer fire, but it is hard to tell when a dangerous
amount of lint has built up.

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(g) Technology exists today that monitors the buildup of highly
combustible lint inside the dryer, and alerts consumers when
accumulation reaches dangerous levels and the dryer interior
requires servicing. Unfortunately, no regulations or standards
currently exist regarding clothes dryers and the notification of the
user when dangerous and excessive lint has built up in a clothes
dryer.

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(h) Once standards for excessive lint notification systems in
clothes dryers are established by the entities that establish the
standards, it is the intent of Legislature to seek legislation to adopt
the standard and make it a requirement that all dryers sold in
California conform to those standards.

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begin insert SEC. 2. end insert   

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begin insert Section 13113.95 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

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begin insert 13113.95. end insert   

(a) On or before December 31, 2016, the State Fire
Marshal shall work with fire service entities, the appliance
industry, disability advocates, and related stakeholders to
accomplish all of the following:

(1) Gather information regarding type 1 clothes dryer-related
fires and the dangers of excessive lint.

(2) Provide findings and recommendations to the Legislature,
pursuant to Section 9795 of the Government Code, regarding the
information gathered pursuant to paragraph (1).

(3) Encourage all appropriate clothes dryer fire prevention
standard setting entities to establish a standard regarding the
detection of excessive lint and notification of the excessive lint to
the consumer.

(b) For purposes of this section, “type 1 clothes dryer” means
an appliance used in a residential living environment, including
one that is coin-operated for public use in a residential living
environment. “Type 1 clothes dryer” does not include dryers used
for commercial purposes.

(c) This repeal section shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

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SECTION 1.  

Section 13113.95 is added to the Health and
Safety Code, to read:

13113.95.  

(a) On or before July 1, 2017, the State Fire Marshal,
with the advice of the State Board of Fire Services, shall adopt
regulations and standards requiring a visual and audible warning
device on a type 1 clothes dryer that indicates a hazardous lint
buildup.

(b) After January 1, 2018, a type 1 clothes dryer shall not be
marketed, distributed, offered for sale, or sold in this state by a
retailer unless the dryer incorporates a visual and audible warning
device that indicates a hazardous lint buildup pursuant to
regulations adopted pursuant to subdivision (a).

(c) For purposes of this section, “type 1 clothes dryer” means
an appliance used in a residential living environment, including
one that is coin-operated for public use in a residential living
environment. “Type 1 clothes dryer” does not include dryers used
for commercial purposes.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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