BILL ANALYSIS
AB 635
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren D. Price, Chairman
AB 635 (V. Manuel Perez) - As Amended: April 2, 2009
SUBJECT : Fire protection: air purifying devices
SUMMARY : Provides that a state or local agency shall not
prohibit a firefighter from using an air purifying device during
a wildfire. Specifically, this bill :
1) A state or local agency, including a city, county, city
and county, or district, shall not prohibit a firefighter
from using an air purifying device during a wildland fire
[Health and Safety Code Section 13065].
EXISTING LAW
1) Establishes the State Board of Fire Services in the
Office of the State Fire Marshal (SFM).
2) Requires the board to recommend the establishment of
minimum standards with respect to specified elements of
fire protection, including fire equipment.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS :
Purpose of the bill . According to the sponsor, this bill would
provide firefighters the right to wear respiratory protection,
in the form of an anti-pollution scarf and other related
accessories, during the course of their duty in fighting or
controlling outdoor wildfires (i.e. woodlands, forests,
grasslands, brush, and prairies). The sponsor maintains that
the use of air purifying respirators could reduce harmful
constituent exposures listed under the California Division of
Occupational Safety and Health (Cal-OSHA) standards to more
acceptable levels for firefighters and their safety.
Background . According to the author, wildfires are a growing
hazard in most regions of the United States, especially in
California. In the past few years, California has seen some
AB 635
Page 2
devastating wildfires that have threatened life and property.
For example, in Shasta and Trinity County, one wildfire consumed
86,500 acres. In 2008 alone, Southern California counties such
as Los Angeles, San Diego, San Bernardino, Santa Barbara, and
Ventura have all experienced devastating wildfires that have
injured people, damaged property, and spread hazardous material
into the atmosphere. The author summarizes, "Our firefighters
provide a rapid response to fight these wildfires."
Firefighters face varying levels of risk for smoke inhalation,
which depends on the intensity of the fire, their proximity to
the fire, their activity, weather conditions, and the terrain.
Such inhalation exposes them to smoke, gases, and even
particulate matter that are deemed extremely harmful to a
person's health and well being.
Smoke is composed mainly of carbon dioxide, water vapor, carbon
monoxide, particulate matter, hydrocarbons, nitrogen oxides,
trace minerals, and thousands of other compounds. Particulates
are the principle pollutant of concern, because they can be
inhaled into the deepest recesses of the lungs. Hot smoke and
gases are another concern because they can burn the passages of
the nose, airways, and lungs. Additionally, higher levels of
carbon monoxide exposure can also lead to headaches, dizziness,
visual impairment, and death.
Any equipment used by firefighters, while performing their
duties, must first be approved by regulatory agencies. Examples
of regulatory agencies for firefighters are the Cal-OSHA,
Department of Weights and Measures, and the California State
Fire Marshall. Cal-OSHA creates standards for safety equipment
and develops safety procedures for specific workplace
environments that are deemed hazardous. Specifically, Cal-OSHA
provides that any person may voluntarily wear a respiratory
device as long as their exposure surpasses the set Permissive
Exposure Levels (PEL). PEL is the minimum level of particulates
before Cal-OSHA suggests the usage of an air purifying device.
Currently, there is no explicit statute that allows firefighters
to use air purifying respiratory devices while battling a
wildland fire. Due to the lack of authorization from the
legislature to use air purifying devices, certain fire
departments have prohibited their firefighters from properly
equipping themselves. This holds true even if the firefighter
has purchased a purifying device.
AB 635
Page 3
AB 635 does not mandate firefighters to use air purifying
devices during a wildland fire. This bill provides our state's
firefighters with the option to use such devices if they wish to
further protect themselves.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters' Association, Inc. (sponsor)
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531