BILL ANALYSIS
SB 183
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Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 183 (Lowenthal) - As Amended: June 11, 2009
SENATE VOTE : 21-12
SUMMARY : Enacts the Carbon Monoxide Poisoning Prevention Act of
2009 (Act) requiring all existing dwellings intended for human
occupancy that have a fossil fuel burning appliance, a
fireplace, or an attached garage to install a carbon monoxide
(CO) device. Specifically, this bill :
1)Requires a CO device that has been approved by the State Fire
Marshall (SFM) to be installed in any existing dwelling
intended for human occupancy that has a fossil fuel burning
heater or appliance, fireplace, or an attached garage within
the earliest applicable timeframe as follows:
a) For all existing single-family dwelling units intended
for human occupancy on or before January 1, 2011; and
b) For all other dwellings intended for human occupancy on
or before July 1, 2012.
2)Makes legislative findings regarding the number of deaths due
to CO poisoning, the chronic health effects of prolonged
exposure to CO, and the benefit of equipping homes with CO
detectors.
3)Defines a "carbon monoxide device" as a device that meets all
of the following requirements:
a) Detects CO and produces a distinct audible alarm;
b) Is battery powered, a plug in device with a battery
backup or installed as recommended by Standard 720 of the
National Fire Protection Association that is either wired
into the alternating current power line of the dwelling
unit with a secondary battery backup or connected to a
system via a panel;
c) Has been tested and certified pursuant to the
requirements of the American National Standards Institute
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(ANSI) and Underwriters Laboratories Inc. (UL), by a
nationally recognized testing laboratory as specified; and,
d) If combined with a smoke detector the device must:
i) meet the standards that apply to CO alarms as
described in the Act;
ii) meet the standards that apply to smoke detectors;
and,
iii) emit an alarm or voice warning in a manner that
clearly differentiates between a CO alarm and a smoke
detector warning.
4)Defines "dwelling unit intended for human occupancy" to
include single family dwelling, factory built home, duplex,
lodging house, dormitory apartment complex, hotel, motel,
condominium, stock cooperate, time-share project or dwelling
unit of a multi-family complex. Exempts a property owned or
leased by the state, the Regents of the University of
California, or a local government agency.
5)Defines "fossil fuel" to mean coal, kerosene, oil, wood, fuel
gases, and other petroleum or hydrocarbon product which emit
CO as a byproduct of combustion.
6)Requires the SFM to develop a certification and
decertification process to approve and list CO devices that
must include consideration of the effectiveness and
reliability, including their propensity to record false
alarms.
7)Permits the SFM to charge an appropriate fee to the
manufacturer of a CO device to cover the cost associated with
approving and listing CO devices.
8)Prohibits the sale or distribution of CO devices in the state
unless the device has been approved and listed by the SFM.
9)Requires an owner to adhere to the building standards
applicable to new construction or manufacturer instructions
when determining the number and placement of CO devices in a
dwelling.
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10)Provides a violation of this Act is punishable by a maximum
fine of $200 for each offense.
11)Requires a resident of a single-family home to receive a
30-day notice to correct a violation of this Act prior to
being assessed a fine.
12)Allows a local jurisdiction to enact or amend an ordinance
requiring CO devices that is consistent with the Act.
13)Requires an owner of rental units to test and maintain the CO
device in that dwelling unit.
14)Allows an owner to enter into a rental unit to test and
maintain a CO device.
15)Requires an owner of a rental unit to give a tenant
twenty-four hours notice, except in an emergency, before
entering the unit to install, repair, test or maintain a CO
device.
16)Requires a tenant to notify the manager or owner of a rental
unit if the CO device does not work.
17)Provides that if the Department of Housing & Community
Development (HCD) in consultation with the SFM determines that
there are not enough tested and approved CO devices on the
market by the date that the devices are required to be
installed in existing dwellings, HCD may suspend enforcement
of the Act for six months.
18)Requires HCD, if a decision to delay installation of CO
devices is made, to post a notice on the Secretary of State's
Internet Web Site that describes the findings and decision.
19)Provides that if the California Building Standards Commission
(CBSC) adopts building standards relating to CO devices an
owner is not required to install a new device meeting those
requirements until the owner makes an application for a permit
for alterations requires to a dwelling of more than $1000.
20)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:
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a) Requiring the seller to check off whether or not the
property has one or more CO devices;
b) Adding a footnote to the form advising buyers that
installation of a CO device is not a precondition of sale;
and
c) Requiring a seller to certify as opposed to 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.
EXISTING LAW :
1)Requires on and after January 1, 1986, all single-family
dwellings and factory-built housing to have operable smoke
detectors approved and listed by the SFM (Health & Safety Code
Section 13113.8).
2)Requires on or after January 1, 1986, a seller of a
single-family home to provide a buyer, as soon as practicable
prior to the sale, with a written statement indicating that
the home is in compliance with the regulations established by
the SFM regarding smoke detector installation (Health & Safety
Code Section 13113.8).
3)California Building Standards Law establishes the California
Building Standards Commission (BSC) and the process for
adopting state building standards (Health & Safety Code
Section 18935 et al.).
FISCAL EFFECT : Unknown.
COMMENTS : The California Building Standards Law establishes the
California Building Standards Commission (CBSC) and the process
for adopting state building standards. Under this process,
relevant state agencies propose amendments to model building
codes, which the CBSC must then adopt, modify, or reject. HCD
is the relevant state agency for residential building standards.
Building standards are generally prospective in that they only
apply to new construction or to existing buildings that undergo
alteration or rehabilitation. There are a few exceptions to
this rule however. Current law requires that all water heaters
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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
property owner must install a smoke detector approved and listed
by the SFM.
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/she has not received notice of any
deficiency. An owner may enter the unit for the purpose of
installing, repairing, testing, and maintaining the 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/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.
The purpose of this bill : CO is an odorless, colorless, deadly
gas. At lower levels of exposure it can cause health problems
such as headaches, fatigue, nausea, dizzy spells, confusion and
irritability. Later stages of CO poisoning can cause vomiting,
loss of consciousness and eventually brain damage or death. CO
is produced by furnaces, common household appliances, vehicles,
generators, fireplaces and other systems that are powered by the
burning of fuel such as natural gas propane, gasoline, oil and
wood.
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The California Air Resources Board has determine that 30-40
"avoidable deaths" occur just in California each year, on
average, due to unintentional CO poisoning. Additionally, there
are 175-700 "avoidable" emergency room visits and
hospitalizations in California alone. In 2001, 25% of the CO
poisoning deaths from home-related products were adults 65 years
and older. The Carbon Monoxide Health and Safety Association
has determined that the combined cost of CO accidents, lost
productivity and lost wages amounts to $8.8 billion a year.
Eighteen large states and a number of large cities have passed
laws mandating the use of CO 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 CO
devices in existing homes.
This bill would require that all existing owners of single
family homes install a CO device in their home by 2011 and
owners of all other dwellings, including apartments, hotels, and
dormitories, install a CO device by 2012.
How much would this bill cost consumers? CO devices are
available ranging in price from $20 to $90 and can be purchased
in hardware stores including Lowe's and Home Depot or on the
Internet. If each of the 13 million household in the state
installed one device in their home at the lower range of price
scale the cost would be approximately $260 million. CO devices
have an average useful life of four to seven years; therefore,
owners would be required to replace the devices at some
interval. As a comparison, on average, smoke detectors must be
replaced every 10 years.
Update to International Codes : In September 2008, the
International Code Council (ICC) 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 fuel-fired
appliances or an attached garage to install an approved CO
device outside of each separate sleeping area in the immediate
vicinity of bedrooms. The new codes adopted by ICC also require
the installation of CO devices in existing dwellings that have
fuel-fired appliances or attached garages when work requires a
building permit. While the inclusion of this section of a model
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code does not create a requirement by itself and does not bind
any state to include this section in its codes it indicates that
there is some level of consensus within the code community that
CO devices 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 as buildings of three or
more units, hotels and dorms.
Previous legislation : The author carried, SB 1386 (Lowenthal), a
similar piece of legislation that was vetoed last year, below is
the Governor's veto message:
I am returning Senate Bill 1386 without my signature.
This bill would require that carbon monoxide devices be
installed in residences beginning in 2010, thus placing a
building standard in statute. This bill would also require
that the Department of Housing and Community Development to
develop additional building standards concerning specific
installation requirements for these devices.
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
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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 adequately reliable, resulting
in false alarms or no alarm at all.
The author has attempted to respond to the Governor's veto by
limiting the requirements of this bill to existing dwellings
which state agencies that adopt building standards do not have
jurisdiction over. The author will defer to the current
building standards process for new construction. In addition,
the author points out that the national standards for CO devices
were recently strengthened and that concerns about reliability
have largely subsided.
Arguments in opposition :
The Apartment Association of California Southern Cities and the
Apartment Association of Orange County are concerned that the
bill allows owners to install the CO devices using either the
building standards applicable to new construction (which HCD
plans to submit to CBSC) or the manufacturer's instructions.
These two groups believe that the manufacturer's instructions
are not required to comport with new construction standards
which could result in increased liability and a lack of
consistent installation standards. To address this issue, they
are requesting an amendment to specify that the SFM approve the
installation instructions in addition to the CO devices.
The committee may wish to consider, that according to the SFM's
office, analysis of the installation instructions will be
included in the certification process of CO devices already
required by the bill. In the past, SFM has when certifying
other fire safety devices, required that manufacturers revise
their instructions to comply with the state's building
standards.
To clarify this point, the author has agreed to the following
amendment:
Page 17, line 16 insert after the second "device", "and the
manufacturer's instructions with respect to number and
placement"
Double referred : The Assembly Committee on Rules referred SB
183 to the Committee on Housing and Community Development and
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Judiciary. If SB 183 passes this committee, the bill must be
referred to the Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Coalition for Children's Safety and Health (co-sponsor)
California State Firefighters' Association (co-sponsor)
CA Alarm Association
Carbon Monoxide Safety and Health Association
California Industrial Hygiene Council
California Retailers Association
California Rural Legal Assistance Foundation
The Home Depot
Kidde
National Fire Protection Association
Safe Kid USA
State Association of Electrical Workers
Western Center on Law & Poverty
Opposition
Apartment Association of California Southern Cities
Apartment Association of Orange County
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085