BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
SB 183
Senator Lowenthal
As Amended April 13, 2009
Hearing Date: April 28, 2009
Civil Code; Health and Safety Code
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SUBJECT
Residential Building Safety
DESCRIPTION
This bill would require that a carbon monoxide device be
installed in existing dwellings intended for human occupancy
that have a fossil fuel burning appliance, fireplace, or an
attached garage. This bill would provide that the exclusive
remedy for failure to install a device is actual damages not to
exceed $100, exclusive of any court costs and attorney's fees.
This bill would revise the statutory Real Estate Transfer
Disclosure Statement to require the seller of a one-to-four
residential property or manufactured home to make certain
disclosures regarding carbon monoxide devices, smoke detectors,
and water heaters. This bill would require the owner of a
rental dwelling unit to maintain carbon monoxide devices in the
unit.
(This analysis reflects author's amendments to be offered in
committee.)
BACKGROUND
On November 27, 2007, the Senate Committee on Transportation and
Housing held an informational hearing entitled "Preventing
Carbon Monoxide Poisoning." The purpose was to hear from
experts on the dangers of carbon monoxide poisoning and consider
whether California should require the installation of carbon
monoxide detectors in dwellings. The committee staff made
several findings upon conclusion of the hearing, including that
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"[c]arbon 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."
According to the author, the 2009 International Residential Code
requires that carbon monoxide detectors be installed in new
construction dwelling units with fuel-fired appliances or
attached garages. The updated code also requires detectors to
be installed in existing homes that have fuel-fired appliances
or attached garages when work requiring a building permit
occurs. The author indicates that the Department of Housing and
Community Development is currently considering adopting these
requirements in California for newly constructed one and two
unit dwellings.
Last year, the author of this bill introduced a similar measure,
SB 1386 (Lowenthal, 2008). That bill, which would have required
that carbon monoxide devices be installed in both new
construction and existing dwelling units, was vetoed by the
governor. In order to address the concerns in the governor's
veto message, SB 183 would apply only to existing housing and
not to new construction. This bill was approved by the Senate
Committee on Transportation and Housing on April 21, 2009.
CHANGES TO EXISTING LAW
1. Existing law requires a transferor to deliver a statutory
transfer disclosure statement, and other disclosures, as soon
as practicable before transfer of title, or close of escrow,
when transferring real property, except in certain cases (Civ.
Code Sec. 1102.3(a)); and manufactured homes or mobilehomes,
provided that the sale or lease with an option to purchase
involves an agent. (Civ. Code Sec. 1102.3a(a)(1).) Under
existing law, a seller of a single-family dwelling must
disclose to a transferee that he or she has installed an
operable smoke detector in the home as required by law.
(Health and Saf. Code Sec. 13113.8.)
This bill would revise the statutory transfer disclosure
statement as follows:
1) requires the seller to check off whether or not the
property has one or more carbon monoxide devices;
2) adds a footnote to the statement advising buyers that
installation of a carbon monoxide device is not a
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precondition of sale; and
3) requires a seller to certify, as opposed to checking off
as under existing law, that the property is in compliance
with laws requiring smoke detectors and the bracing of water
heaters.
2. Existing law requires that smoke detectors be installed in all
single-family dwellings that are sold. (Health and Saf. Code
Sec. 13113.8.) Existing law provides that no transfer of
title is invalidated on the basis of a failure to comply with
this requirement and the exclusive remedy for failure to
comply is an award of actual damages not to exceed $100,
exclusive of any court costs and attorney's fees. (Id.)
Existing law provides that a transfer shall not be invalidated
solely because any person failed to comply with the transfer
disclosure requirements described above. However, any person
who willfully or negligently violates or fails to perform a
required duty is liable in the amount of actual damages
suffered by a transferee. (Civ. Code Sec. 1102.13.)
This bill would require that a carbon monoxide device be
installed in existing dwellings intended for human occupancy
that have a fossil fuel burning appliance, fireplace, or an
attached garage beginning January 1, 2011 for single-family
dwelling units and January 1, 2012 for all other units.
This bill would provide that failure to install a carbon
monoxide device is an infraction. Under the bill, an owner
must first be given a 30-day notice to correct the violation
and, if it is not corrected within that time period, the owner
is subject to a fine of $200 for each offense.
This bill would provide that the exclusive remedy for failure
to install a device is actual damages not to exceed $100,
exclusive of any court costs and attorney's fees and no
transfer of title shall be invalidated on the basis of a
failure to install a carbon monoxide device as required by the
bill.
3. Existing law requires an owner of rental property to install a
smoke detector in a dwelling unit and permits the owner or his
or her agent to enter a unit to install, maintain, repair, or
test the detector. A tenant must notify the owner of an
inoperable smoke detector and the owner must correct any
deficiencies. (Health and Saf. Code Sec. 13113.7.) Under
existing law, a landlord may enter a dwelling unit only with
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reasonable notice and during normal business hours except in
cases of emergency or where the tenant consents to an entry
during other than normal business hours at the time of the
entry. (Civ. Code Sec. 1954.)
This bill would require a property owner to maintain carbon
monoxide devices in a rental dwelling unit and would require
that the devices be operable at the time the tenant takes
possession of the unit. This bill would require a tenant to
notify the landlord if the tenant becomes aware that the
device is inoperable or deficient and would require the
landlord to correct the reported inoperability or deficiency.
This bill would provide that a landlord is not in violation if
he or she has not received the notification from the tenant.
This bill would provide that a landlord may enter the dwelling
unit for the purpose of installing, repairing, testing, and
maintaining carbon monoxide devices pursuant to the
requirements of Civil Code Section 1954.
COMMENT
1. Stated need for the bill
The author writes that "[c]arbon monoxide (CO) is the leading
cause of accidental poisoning deaths in the United States.
Carbon monoxide is an odorless, colorless, deadly gas. The most
effective safety device available to reduce injuries and
fatalities related to carbon monoxide poisoning is a CO alarm.
SB 183 (Lowenthal) will help to ensure California's families are
protected from carbon monoxide poisoning." The author further
writes:
The California Air Resources Board has determined that 30-40
"avoidable deaths" occur just in California each year, on
average, due to unintentional carbon monoxide poisoning.
Additionally, there are 175-700 "avoidable" emergency room
visits and hospitalizations in California alone.
2. Exclusive remedy for violation of the bill's requirement that
carbon monoxide devices be installed in dwelling units;
transfer of title not affected
This bill would provide that the exclusive remedy against a
property owner who fails to install carbon monoxide devices in a
dwelling unit is an award of actual damages not to exceed $100,
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exclusive of any court costs and attorney's fees. The bill
would further provide that no transfer of title is invalidated
on the basis of the failure to comply with the bill's
installation requirements. The language of these provisions is
mirrored on Health and Safety Code Section 13113.8, which
requires that smoke detectors be installed in all single-family
dwellings that are sold. The language also relates only to the
obligation of the homeowner to install a carbon monoxide device.
The author has indicated that the intent of the "exclusive
remedy" language in the bill is to ensure that a purchaser
cannot sue the former homeowner for failure to install a carbon
monoxide device and seek thousands of dollars in relief when the
device itself is generally available for $20-$40. In order to
ensure that other remedies for injury are not inadvertently
affected, the committee should consider amending the bill to
include a savings clause as follows:
Suggested amendment: On page 17, after line 40 insert
"Nothing in this section is intended to affect any duties,
rights or remedies otherwise available at law."
3. Carbon monoxide detectors required in rental property and
other dwelling units "intended for human occupancy"
This bill would require that carbon monoxide devices be
installed in "dwelling units intended for human occupancy" which
is defined to include, among other things, a single-family
dwelling, duplex, unit in a multiple-unit building (e.g.,
apartment building), condominium, hotel, or motel. An owner of
such a dwelling unit who rents or leases space to a tenant must
maintain the device and is authorized to enter the unit to
install, repair, test, or maintain it.
A tenant would be required to notify the landlord if he or she
becomes aware that the carbon monoxide device is inoperable or
deficient and the landlord is then required to correct the
reported inoperability or deficiency. This bill would provide
that a landlord is not in violation if he or she has not
received the notification from the tenant. An owner who wishes
to enter the unit must do so in accordance with the requirements
of Civil Code Section 1954 which require a landlord to give a
tenant reasonable notice (presumed to be 24 hours) before
entering the unit and to only enter during normal business
hours, unless the tenant consents at the time of entry.
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These provisions are similarly mirrored on existing law's
requirements that owners of rental properties install operable
smoke detectors. Tenants are similarly required to notify
owners of inoperability and owners may enter the unit as
described above.
4. Transfer disclosure statement (TDS)
This bill would revise the statutory TDS used by a seller to
make certain disclosures to require that the seller check off
whether or not the property has one or more carbon monoxide
devices. The bill would also provide that installation of the
device is not a precondition to sale. As a result, by January
1, 2011, all homeowners must install carbon monoxide devices in
their homes, regardless of whether the home is sold or not.
This approach is different than the one provided for under
existing law with respect to smoke detectors. That law requires
every home that is sold to have an operable smoke detector and
requires a seller to provide a buyer with a written statement
indicating compliance with that requirement.
5. Author's amendments
The author agreed to take the following technical amendments
when the bill was heard in the Senate Committee on
Transportation and Housing on April 21, 2009 but because of
timing requirements, these amendments need to be taken in this
committee:
a) On page 16, line 20 after "2075" insert "or successor
standards"
b) On page 17, line 8 strike "17926.3" and insert "17926.2"
c) On page 18, lines 7-8 strike ", efficiency dwelling
unit, guest room, and suite" and insert "intended for human
occupancy"
d) On page 18, line 10 strike "single station"
e) On page 18, line 28 strike "17926.3" and insert
"17926.2"
f) On page 18, line 30 strike "17926.3" and insert
"17926.2"
g) On page 18, lines 32-33 strike "consistent with the
intent of the Carbon Monoxide Poisoning Prevention Act of
2009" and replace with "to require the installation of
carbon monoxide devices in dwellings intended for human
occupancy"
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h) 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"
i) On page 19, line 11 strike "regulations or"
The author would also like to make the following technical and
clarifying amendments:
a) On page 15, between lines 36 and 37, insert: (g) The
Homeowners' Guide to Environmental Hazards referenced in
Business and Professions Code Section 10084 is an important
educational tool and should include information regarding
carbon monoxide. It is the intent of the Legislature that
when the booklet is next updated as existing resources
permit, or as private resources are made available, it be
updated to include a section on carbon monoxide.
b) On page 17, line 8 strike "17926.3" and insert "17926.2"
c) On page 17, lines 16-17 strike "in accordance with the
manufacturer's instructions"
d) On page 17, between lines 24-25 insert "(b) With respect
to the number and placement of devices, an owner shall
install carbon monoxide devices in a manner consistent with
building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's
instructions, if it is technically feasible to do so."
e) On page 17, line 25 strike "(b)" and insert "(c)"
f) On page 17, line 33 strike "(c)" and insert "(d)"
g) On page 17, line 38 strike "(d)" and insert "(e)"
h) On page 18, line 4, strike "space" and insert "the
dwelling unit"
i) On page 19, line 10, after "agent" insert "who has
installed a carbon monoxide device as required under
Sections 17926 and 17926.1"
Support : Kidde; Carbon Monoxide (CO) Safety and Health
Association (COSHA); State Association of Electrical Workers;
California Industrial Hygiene Council
Opposition : None Known
HISTORY
Source : California Coalition for Children's Safety and
Health/California State Firefighters Association
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Related Pending Legislation : None Known
Prior Legislation :
SB 1386 (Lowenthal, 2008) would have required that carbon
monoxide devices be installed in both new construction and
existing dwelling units. The bill was vetoed.
Prior Vote : Senate Committee on Transportation and Housing (Ayes
8, Noes 3)
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