BILL ANALYSIS
SB 183
Page 1
Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 183 (Lowenthal) - As Amended: June 22, 2009
SENATE VOTE : 21-12
SUBJECT : Residential Building Safety: Carbon Monoxide Detectors
KEY ISSUE : Should carbon monoxide detectors be required in all
single family homes by January 1, 2011, and all other
residential units by July 1, 2012?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This bill would require the State Fire Marshall to certify and
approve carbon monoxide detection devices and require that
approved and certified devices be installed in existing single
family dwellings by January 1, 2011, and all other residential
units by July 1, 2012. In addition, this measure will prohibit
the marketing, distribution, and sale of devices that are not
certified and approved by the State Fire Marshall. At least 16
other states have adopted some form of legislation requiring
carbon monoxide detection devices and several others are
considering it. Existing law in California already requires
that smoke detectors be installed in all rental units and that
all single-family homes must be adequately equipped with smoke
detectors prior to transfer. The trend toward requirements in
other states, as well as internationally, is seemingly supported
by statistics showing that carbon monoxide has become the
leading cause of accidental poisoning deaths, and that the vast
majority of these deaths occur in the home. Supporters of this
measure contend that the devices are becoming less costly and
more effective and reliable. Moreover, the California Building
Standards Commission (CBSC) has apparently already concluded
that the devices are necessary and cost effective, as it
recently approved regulations requiring devices in all new
construction. In light of the CBSC action, this bill applies
only to existing structures. Last year's SB 1386, by the same
author, would have required installation of carbon monoxide
devices in both new construction and existing dwellings.
SB 183
Page 2
However, that bill was vetoed in large part on the grounds that
new construction should be subject to regulatory provisions
adopted through standard CBSC procedures. The action by the
CBSC and the limitation of this bill to existing structures
would seem to address the concerns expressed in the veto
message. This bill is supported by a diverse group of
organizations. There is no registered opposition to the current
version of the bill.
SUMMARY : Requires the installation of carbon monoxide detection
devices in existing dwellings intended for human occupancy, as
prescribed. Specifically, this bill :
1)Requires the State Fire Marshall to certify and approve carbon
monoxide (CO) devices for use in dwelling units intended for
human occupancy and requires the State Fire Marshall to charge
an appropriate fee to the manufacturer of a carbon monoxide
device to cover the costs associated with the approval and
listing of carbon monoxide devices. Specifies that the
certification and decertification process shall include a
review of the manufacturer's instructions and their
consistency with applicable building standards.
2)Requires a CO device that has been approved by the State Fire
Marshall to be installed in any existing dwelling intended for
human occupancy that has a fossil fuel burning heater or
appliance, fireplace, or attached garage within the following
time frames: for all existing single-family dwellings on or
before January 1, 2001; for all other dwellings on or before
July 1, 2012.
3)Prohibits the marketing, distribution, or sale of CO devices
unless the devices and instructions have been approved and
listed with the State Fire Marshall.
4)Provides that violation of the above provisions is an
infraction punishable by a maximum fine not to exceed $200 for
each offense. However, a property owner shall receive a
30-day notice to correct.
5)Provides that no transfer of title shall be invalidated
because of a failure to comply with the above provisions, and
the exclusive remedy for failure to comply with this section
is an award of actual damages not to exceed $100, exclusive of
any court costs and attorney fees.
SB 183
Page 3
6)Requires an owner or owner's agent who rents or leases a
dwelling unit to maintain CO devices and permits the owner or
owner's agent to enter that dwelling unit to install, repair,
test, or maintain CO devices, as specified. Specifies that a
CO device must be operable at the time that a tenant takes
possession, but that a tenant is responsible for notifying the
owner or owner's agent if the CO device becomes inoperable or
deficient.
7)Revises real estate transfer disclosure statements to provide
for disclosures relating to the existence of CO devices.
8)Provides that if the State Fire Marshall determines that a
sufficient amount of tested and approved CO devices are not
available in time to meet the requirements of this bill, then
the department may suspend enforcement of requirements for up
to six months.
9)Provides that if the California Building Standards Commission
adopts or updates standards relating to CO devices, an owner
or owner's agent who has installed a CO device as required by
this bill shall not be required to install a new device
meeting the new standards until the owner makes application
for a permit for alterations, repairs, or additions to the
dwelling unit, the cost of which will exceed $1000.
EXISTING LAW :
1)Requires a person or entity transferring real property
(transferor) to deliver a statutory transfer disclosure
statement before transfer of title or prior to close of
escrow, as specified. Requires further that the seller of a
single-family dwelling disclose to the transferee whether the
dwelling has a working smoke detector as required by law.
(Civil Code Section 1102.3 and Health & Safety Code Section
13113.8.)
2)Requires, generally, that all single family dwellings have
smoke detectors when sold and requires the owner of rental
property to install and maintain smoke detectors. (Health &
Safety Code Sections 13113.7 and 13113.8.)
COMMENTS : Carbon monoxide is a colorless, odorless, and
dangerous gas that is produced by home furnaces, generators,
SB 183
Page 4
fireplaces, and other devices that are powered by the burning of
natural gas, propane, gasoline, oil, and wood. At lower levels
this gas can cause headaches, dizziness, and nausea, but at
higher levels it can cause more serious illnesses, even death.
According to the bill's findings and declarations, the American
Medical Association claims that carbon monoxide is the leading
cause of accidental poisoning deaths in the United States, and
the federal Centers for Disease Control and Prevention estimate
that carbon monoxide poisoning results in about 500 deaths per
year nationwide. According to the California Air Resources
Board, California has about 30 to 40 deaths per year due to
unintentional carbon monoxide poisoning and hundreds of
avoidable visits to emergency rooms each year. Carbon monoxide
is especially dangerous to the elderly and persons with
pre-existing heart or respiratory problems.
At least sixteen states and several localities already require
carbon monoxide detectors, and according to the author, "there
is a dramatic correlation between carbon monoxide alarm
ordinances in states [and] cities and lower death and
hospitalization rates from carbon monoxide." Existing law has,
for some time, required that smoke detectors be installed in
single family homes prior to any sale and requires owners of
rental units to install and maintain smoke detectors. This
measure seeks to create similar requirements for carbon monoxide
detectors. Specifically, this bill would require the State Fire
Marshall to develop a process of review and certification for
carbon monoxide devices and manufacturer instructions. The bill
would require installation of certified devices in all single
family homes by January 1, 2011, and in other residential units
by July 1, 2012. This measure would also prohibit the
marketing, distribution, and sale of devices that are not
certified by the State Fire Marshall, and would require the
existence or non-existence of devices to be disclosed upon sale
or transfer of residential property.
Because the California Building Standards Commission has already
approved regulations that will require carbon monoxide detectors
in all new construction, this bill would only apply to existing
structures. Violations of this bill's provisions would be an
infraction punishable by fine, but failure to comply would not
invalidate any transfer of title.
Legislative History and Veto of SB 1386: Last year's SB 1386,
carried by the same author, would have required carbon monoxide
SB 183
Page 5
detectors in both existing dwellings and in new construction.
SB 1386 was vetoed by the Governor because requirements for new
construction must be set forth, according to the veto message,
not in statute, but in administrative regulations adopted by the
established procedures of the California Building Standards
Commission. As noted above, however, because the Commission has
recently adopted regulations that will require carbon monoxide
detectors in new construction, this bill only applies to
existing residential. The Governor's veto message also noted
that the International Residential Code (IRC) had previously
rejected carbon monoxide detector proposals, questioning the
reliability of then-existing devices; however, as the author
notes in his background materials, the 2009 version of the IRC
requires all one- and two-family dwellings to have a carbon
monoxide alarm. Thus, it appears that the objections raised in
the Governor's veto message have been addressed.
ARGUMENTS IN SUPPORT : Support for this bill is a diverse group
of child health and safety advocates, housing advocates, and
professional, trade, and labor associations. Safe Kids, USA,
believes that this bill will protect children and families from
avoidable death and illness. Safe Kids claims that carbon
monoxide devices are "the single most effective safety device
available." Safe Kids cite estimates suggesting that carbon
monoxide alarms could cut the number of unintentional carbon
monoxide deaths in half, and it cites a recommendation by the
U.S. Consumer Product Safety Commission that carbon monoxide
alarms, "which are just as important as smoke [alarms]" be
required in all homes.
The National Fire Protection Association (NFPA), which has
conducted its own investigations and developed its own standards
on carbon monoxide detectors and their proper installation,
strongly supports this bill. NFPA statistics suggest that U.S.
fire departments have seen an 18% increase in the number of
carbon monoxide incidents over the last two years, and that
nearly 90% of these incidents took place inside the home.
Although carbon monoxide is odorless, silent, and invisible,
NFPA asserts that "this poisonous gas is [now] easily detected"
by devices that meet NFPA standards.
The California State Firefighters' Association (CSFA) strongly
supports this bill, which, it claims, "will provide a life
saving warning system, similar to the current legal requirement
for smoke detectors." CFSA adds that these devices are "low
SB 183
Page 6
cost and already required in sixteen other states."
The bill is supported the other groups listed below for
substantially the same reasons as those noted above.
SUPPORT IF AMENDED : Sempra Energy would support this measure if
it contained a number of specific additional requirements, such
as determining criteria for CO device reliability; recommending
that all CO devices should have an "end of life" to indicate the
need to be replaced; determining proper installation methods for
specific housing types, such as apartments, townhouses, and
mobile homes; and determining how this law will impact currently
installed devices that do not meet the new certification
criteria. Except for the last item, the issue could arguably be
addressed as part of the State Fire Marshall review,
certification, and approval of devices and instructions.
Because this letter arrived too late to be fully incorporated
into this analysis, it is not clear how the author would respond
to Sempra's recommended amendments.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alarm Association
California Coalition for Children's Safety and Health
California Industrial Hygiene Council
California Retailers Association
California Rural Legal Assistance Foundation
California State Firefighters Association, Inc.
Carbon Monoxide Safety and Health Association, International
Home Depot
National Fire Protection Association
Safe Kids, USA
State Association of Electrical Workers
Western Center on Law & Poverty
Opposition
None on file
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334