BILL ANALYSIS
SB 183
Page 1
Date of Hearing: July 15, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 183 (Lowenthal) - As Amended: June 22, 2009
Policy Committee: Housing and
Community Development Vote: 7-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires carbon monoxide detectors to be installed in
existing dwellings intended for human occupancy that have a
fossil fuel burning appliance, a fireplace, or an attached
garage beginning in 2011. Specifically, this bill:
1)Applies to existing single family dwellings, factory built
homes, duplexes, lodging homes, dormitories, apartment
complexes, hotels, motels, condominiums, stock cooperatives,
time-share projects, and dwelling units of multi-family
complexes. Exempts property owned or leased by the state, the
Regents of the University of California, or a local government
agency.
2)Requires installation by January 1, 2011 for single family
homes, and by January 1, 2012 for other dwellings.
3)Requires the State Fire Marshal to certify and approve carbon
monoxide devices and their instructions.
4)Requires an owner of rental units to test and maintain the CO
devices in the dwelling units.
5)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.
6)Provides that if the California Building Standards Commission
SB 183
Page 2
(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 to a dwelling of more than $1000.
7)Revises existing transfer disclosure statements to include
information about CO devices on the property.
FISCAL EFFECT
One time cost of $10,000 to the State Fire Marshal to develop a
certification and decertification process for carbon monoxide
devices.
COMMENTS
1)Background . The California Building Standards Law establishes
the California Building Standards Commission and a process for
adopting state building standards. Under this process,
relevant state agencies propose amendments to model building
codes, which the Building Standards Commission must then
adopt, modify, or reject. The Department of Housing and
Community Development 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, however, some
exceptions to this general rule. For example, 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.
2)Rationale . The purpose of the bill is to reduce emergencies
and deaths associated with carbon monoxide poisoning. The
author's office cites California Air Resource Board estimates
that carbon monoxide is responsible for 30 to 40 avoidable
deaths in California each year, and asserts that carbon
monoxide detectors provide highly effective and low cost
protection against carbon monoxide poisoning.
3)Previous legislation . This bill is similar to SB 1386
(Lowenthal) from the 2007-08 session. That measure required
SB 183
Page 3
installation of CO devices in existing dwellings and directed
the Department of Housing and Community Development to develop
additional building standards concerning specific installation
requirements for these devices on newly constructed
facilities.
The governor vetoed SB 1386, stating that building standards
should not be placed in statute, but rather should be
developed through the existing regulatory process. The author
attempts to address the governor's concern by limiting the
application of this bill's provisions to existing dwellings -
which are not subject to the existing regulatory process - and
allowing the current building standards process to determine
standards for new construction. HCD is currently in the
process updating the building standards codes to incorporate
carbon monoxide device installation requirements for new
dwellings.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081