BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 183
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: lowenthal
VERSION: 4/13/09
Analysis by: Mark Stivers FISCAL: YES
Hearing date: April 21, 2009
SUBJECT:
Carbon monoxide devices
DESCRIPTION:
This bill requires that a carbon monoxide device be installed in
existing dwellings intended for human occupancy that have a
fossil fuel burning appliance, a fireplace, or an attached
garage and authorizes the adoption of building standards to
require the installation of carbon monoxide devices in new
dwellings intended for human occupancy.
ANALYSIS:
The California Building Standards Law establishes the California
Building Standards Commission (BSC) and the process for adopting
state building standards. Under this process, relevant state
agencies propose amendments to model building codes, which the
BSC must then adopt, modify, or reject. The Department of
Housing and Community Development (HCD) is the relevant state
agency for residential building standards.
Building standards are prospective in that they only to apply to
new construction or to existing buildings that undergo
alteration or rehabilitation. In a few instances, however, the
Legislature has applied building standard-like requirements to
existing buildings. Current law requires that all water heaters
in existing residential structures be braced, anchored, or
strapped to resist falling or horizontal displacement due to
earthquake motion. Current law also requires that smoke
detectors be installed in all existing multifamily residential
dwellings and in single family dwellings which are sold. To
comply with the smoke detector statute, an affected residential
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property owner must install a smoke detector approved and listed
by the State Fire Marshal.
With respect to multifamily rental housing, the smoke detector
must be operable at the time that a tenant takes possession.
The tenant is then responsible for notifying the owner if the
smoke detector becomes inoperable. The owner must correct any
reported deficiencies in the smoke detector but is not in
violation of the law if he or she has not received notice of any
deficiency. An owner may enter the unit for the purpose of
installing, repairing, testing, and maintaining the smoke
detector provided that standard notice is provided. Failure to
comply is an infraction punishable by a maximum fine of $200 for
each offense.
With respect to single-family housing, a seller must provide a
buyer as soon as practicable prior to the sale with a written
statement indicating that the home is in compliance with the
smoke detector statute. Real estate agents and other agents to
the transaction, however, are not required to monitor or ensure
compliance with the law. Moreover, third-party agents to the
transaction are not held liable for any error, inaccuracy, or
omission relating to the disclosure, except that a real estate
agent may be held liable where he or she participates in the
making of the disclosure with actual knowledge of the falsity of
the disclosure. The exclusive remedy for failure to comply is
an award of actual damages up to $100. A transfer of title may
not be invalidated on the basis of a failure to comply.
This bill requires that a carbon monoxide device be installed in
existing dwellings intended for human occupancy that have a
fossil fuel burning appliance, a fireplace, or an attached
garage. Specifically, the bill:
Defines a carbon monoxide device as a device designed to
detect carbon monoxide and produce a distinct, audible alarm.
The device must be tested and certified by a nationally
recognized testing laboratory approved by the State Fire
Marshall and come in one of the following forms:
? Battery-powered.
? Plug-in with a battery backup.
? Hard wired in to the dwelling's electrical system with a
battery backup.
? Connected to a monitoring system via a panel.
? Combined with a smoke detector into a single unit if the
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alarm clearly differentiates between smoke and carbon
monoxide.
Requires the State Fire Marshall to develop a process for the
approval and listing of carbon monoxide devices. The process
must include consideration of the effectiveness and
reliability of the devices, including their propensity to
record false alarms.
Allows the State Fire Marshall to charge a fee to
manufacturers of carbon monoxide devices to cover the costs of
the approval and listing program and HCD's costs to develop
building standards related to carbon monoxide devices.
Prohibits the marketing, distribution, and sale of carbon
monoxide devices that are not listed and approved by the State
Fire Marshall.
Requires that an approved carbon monoxide device be installed
in every single-family dwelling, factory-built home,
apartment, condominium, duplex, lodging house, dormitory,
hotel, motel, stock cooperative, or time-share unit that has a
fossil fuel burning appliance, a fireplace, or an attached
garage according to the following schedule:
? By January 1, 2011 in all single-family homes.
? By January 1, 2012 for all other dwelling intended for
human occupancy.
Authorizes HCD to suspend enforcement of the deadlines
described above by up to six months if it determines, in
consultation with the State Fire Marshall, that there is not a
sufficient amount of tested and approved devices to meet the
requirements of the bill.
Exempts dwellings owned by the state, the University of
California, or a local government.
Allows a local government to adopt an ordinance requiring
installation of carbon monoxide devices if the ordinance is
consistent with this bill.
Provides that failure to install an approved device by the
required deadline is an infraction. An owner shall first be
given a 30-day notice to correct the violation and thereafter
is subject to a fine of $200 for each offense. Such fines are
SB 183 (LOWENTHAL) Page 4
levied by local fire marshals or fire departments or, in cases
where the local government has adopted an ordinance to that
effect, by the local building or code enforcement department.
Provides that a seller's civil liability for failing to
install a required device is limited to actual damages not to
exceed $100, plus any court costs and attorney's fees. No
transfer of title shall be invalidated for a seller's failure
to comply.
Requires the owner of a rental dwelling to maintain one or
more carbon monoxide devices within the unit. The device must
be operable at the time that the tenant takes possession. The
tenant is then responsible for notifying the owner if he or
she becomes aware that the device is inoperable. The owner
must correct any reported deficiencies in the device but is
not in violation of the law if he or she has not received
notice of any deficiency. An owner may enter a dwelling unit
to install, repair, maintain, or test a device. The owner
must give reasonable notice and enter during normal business
hours except in case of an emergency.
Revises the statutory transfer disclosure statement that the
seller of a manufactured home or a one- to four-unit
residential property must provide to a buyer by 1) requiring
the seller to check off whether or not the property has one or
more carbon monoxide devices; 2) adding a footnote to the form
advising buyers that installation of a carbon monoxide device
is not a precondition of sale; and 3) requiring a seller to
certify, as opposed to a check-off on the list of present
items, that the property is in compliance with laws requiring
smoke detectors and the bracing of water heaters.
Authorizes HCD, after consultation with the State Fire
Marshall, to propose building standards requiring the
installation of carbon monoxide devices in new dwellings
intended for human occupancy.
Provides that if building standards for carbon monoxide
devices are updated after July 1, 2010, a building owner shall
not have to install a new device unless a building permit for
work in excess of $1000 is requested.
COMMENTS:
1.Purpose of the bill . The Air Resources Board estimates that
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every year in California carbon monoxide poisoning accounts
for between 30 and 40 deaths, between 175 and 700 emergency
room and hospital visits, and possibly thousands of illnesses.
According to the author, these deaths and illnesses are
preventable through the use of carbon monoxide devices. The
author further states that carbon monoxide devices provide a
vital, highly effective, and low-cost protection against
carbon monoxide poisoning. Studies show that equipping every
home with two carbon monoxide devices cuts accident-related
costs by 93 percent. Eighteen states and a number of large
cities have already passed laws mandating the use of carbon
monoxide devices. The author believes that adopting such a
mandate in California will significantly improve public
health. The existing building standards process can apply
such a mandate to newly-constructed units, but an act of the
Legislature is necessary to require installation of carbon
monoxide devices in existing homes.
2.Hearing results . On November 27, 2007, the Senate
Transportation and Housing Committee conducted an
informational hearing on the topic of preventing carbon
monoxide poisoning. Upon conclusion of the hearing, committee
staff made the following findings:
Carbon monoxide poisoning significantly impacts the
public health, resulting in dozens of fatalities, hundreds
of hospitalizations, and thousands of illnesses in
California each year.
Carbon monoxide poisoning occurs most frequently as a
result of the improper installation or maintenance of
furnaces and stoves in the home, but also is commonly the
result of the improper use of grills, generators, and
camping equipment indoors or of idling engines in attached
garages.
Carbon monoxide poisoning is of equal if not greater
concern in older homes due to the existence of older
appliances or the lack of central heating.
Carbon monoxide poisoning is generally preventable
through better education of consumers and improved
maintenance of combustion appliances.
When carbon monoxide does enter a home, carbon monoxide
devices can and do alert the residents and prevent or
significantly decrease the severity of a poisoning.
With respect to the technology used for carbon monoxide
devices, there may be room for improvement.
Any legislation to require the installation of carbon
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monoxide devices in homes would need to provide guidance on
the number of devices required and where they should be
placed.
Any legislative mandate must be coupled with a public
campaign that educates consumers on the hazards of carbon
monoxide poisoning, the requirements of the law, and the
need to replace devices at the end of their useful life.
Emergency service providers must also receive training in
response protocols for possible carbon monoxide poisoning.
This bill addresses many of the findings from the hearing in
that it seeks to prevent carbon monoxide poisoning through the
required use of carbon monoxide devices, covers older homes,
ensures equipment quality by requiring installation of devices
approved and listed by the State Fire Marshall, and partially
addresses the issue of placement of devices by authorizing the
adoption of building standards for new units. The bill does
not include an education component for either consumers or
emergency service providers.
1.Costs and benefits . A quick search on the internet found
carbon monoxide devices ranging in price from $18 to hundreds
of dollars, with many models offered in the $20-$40 range.
Using this latter range, the total cost of purchasing one
device for each of the roughly 13 million households in
California would range from $260 to $520 million. Homes may
require more than one device, which would increase the total
cost accordingly. Carbon monoxide devices are considered to
have a useful life of four to seven years, meaning that
dwelling owners would be required to replace their devices at
some interval.
On the other hand, a carbon monoxide device mandate has the
potential to significantly reduce the 30 to 40 deaths that
occur each year in California due to unintentional carbon
monoxide poisoning. Additional societal savings would result
from reduced hospital visits and disabilities that result from
carbon monoxide poisoning and the lost productivity and wages
that accompany them.
2.Recent actions of the International Code Council . In
September 2008, the International Code Council, an entity that
adopts and publishes model codes which are the basis for many
state building codes including California, added a new section
to its International Residential Code requiring builders of
newly-constructed one- and two-unit dwellings that have
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fuel-fired appliances or attached garages to install an
approved carbon monoxide device outside of each separate
sleeping area in the immediate vicinity of bedrooms. In
addition, the new section requires installation of a carbon
monoxide device in existing dwellings that have fuel-fired
appliances or attached garages when work requiring a building
permit occurs. While the addition of this section to a model
code does not create a requirement by itself and does not bind
any state to include this section in its own codes, it
indicates that there is some level of consensus within the
code community that carbon monoxide monitors protect public
safety and are cost-effective and reliable. HCD plans to
adopt this requirement for newly-constructed one- and two-unit
dwellings in its next code revision cycle and is considering
applying it to other residential occupancies as well, such
buildings of three or more units, hotels, and dorms.
3.Previous legislation . The author of this bill authored a
similar piece of legislation last year. Governor
Schwarzenegger vetoed SB 1386, stating:
While I am certainly concerned with the health and safety
of Californians, this bill is an undesirable approach.
Building standards should not be statutory. The Building
Standards Commission (BSC) was created to ensure an open
public adoption process allowing experts to develop
standards and periodic updates to the building codes.
Placing building standards in statute rather than
regulation circumvents the existing state regulatory
adoption process and excludes the input of safety and
construction experts.
Smoke detectors in homes were approved by the BSC after a
process of review of the safety, need, and reliability of
the product. This process should be utilized for carbon
monoxide devices.
Additionally, product reliability is an issue that has also
affected attempts to require carbon monoxide devices
through national building codes. The International Code
Council, which writes a national model building code,
recently rejected two proposals to require the installation
of carbon monoxide devices in new residential dwellings,
citing the lack of clear direction for placement of the
devices and the propensity for false alarm indications. A
recent test study indicated that alarm technology is not
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adequately reliable, resulting in false alarms or no alarm
at all.
In an attempt to address the Governor's concerns, this bill
differs from SB 1386 in that the mandate applies only to
owners of existing dwellings, over which state agencies that
adopt building standards have no jurisdiction. The author
will defer to the current building standards process for new
construction. In addition, the author points out that the
national standards for carbon monoxide devices were recently
strengthened and that concerns about reliability have largely
subsided.
4.Guidance needed for the number and placement of devices in
existing dwellings . One of the findings from the committee's
2007 hearing was that any legislation to require the
installation of carbon monoxide devices should provide
guidance on the number of devices required and where they
should be placed. By allowing for the adoption of building
standards, this bill allows HCD to provide such guidance with
respect to new construction. The bill, however, does not
provide such guidance for the owners of existing dwellings,
except to say that the devices should be installed in
accordance with the manufacturer's instructions, which may
encourage the purchase of more devices than necessary. While
it is difficult to set such standards in statute, the
committee may wish to consider an amendment to require that
the owners of existing dwellings install devices in a manner
consistent with building standards applicable to new
construction or the manufacturer's instructions, if it is
technically feasible to do so.
5.Differences with the smoke detector mandate . Current law
requires that smoke detectors be installed in all
single-family dwellings prior to sale. To ensure that this
requirement is met, current law requires a seller to provide a
buyer prior to sale with a written statement indicating that
the home is in compliance with the smoke detector statute.
This bill takes a different approach for carbon monoxide
devices. The mandate applies to all homeowners as of January
1, 2011, regardless of whether or not the home is sold. While
a seller must disclosure whether or not the home has a carbon
monoxide device, installation of a device is not a
precondition of sale, and the device need not be installed as
required. This approach is the result of the author's
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negotiations with the California Association of Realtors,
which dislikes point-of-sale requirements.
6.Technical amendments .
On page 16, line 20 after "2075" insert "or successor
standards"
On page 17, line 8 strike "17926.3" and insert "17926.2"
On page 18, lines 7-8 strike ", efficiency dwelling
unit, guest room, and suite" and insert "intended for human
occupancy"
On page 18, line 10 strike "single station"
On page 18, line 28 strike "17926.3" and insert
"17926.2"
On page 18, line 30 strike "17926.3" and insert
"17926.2"
On page 18, lines 32-33 strike "consistent with the
intent of the Carbon Monoxide Poisoning Prevention Act of
2009" with "to require the installation of carbon monoxide
devices in dwellings intended for human occupancy"
On page 19, strike lines 5-9 and insert "(b) If the
California Building Standards Commission adopts or updates
building standards relating to carbon monoxide devices, the
owner or"
On page 19, line 11 strike "regulations or"
9. Double referral . The Senate Rules committee has
double-referred this bill to both this committee and the
Judiciary Committee.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 15, 2009)
SUPPORT: California Coalition for Children's Safety &
Health (sponsor)
One individual
OPPOSED: None received.