BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1394
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: lowenthal
VERSION: 4/10/12
Analysis by: Mark Stivers FISCAL: Yes
Hearing date: April 17, 2012
SUBJECT:
Carbon monoxide devices and smoke detectors
DESCRIPTION:
This bill delays the date by which an owner must install a
carbon monoxide device in an existing hotel and motel unit from
January 1, 2013 to January 1, 2016, and makes a number of
changes to existing laws relating to the installation of smoke
detectors in residential dwellings.
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 smoke detectors
be installed in all existing multifamily residential dwellings
and in existing single-family dwellingS that are sold. To
comply with the smoke detector statute, an affected residential
property owner must install a smoke detector approved and listed
by the State Fire Marshal. With respect to multifamily rental
housing, the smoke detector also 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. Failure to
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comply is an infraction punishable by a maximum fine of $200 for
each offense.
Under SB 183 (Lowenthal), Chapter 19, Statutes of 2010, an owner
of an existing dwelling unit must install a carbon monoxide
device approved by the State Fire Marshal in each existing
dwelling unit having a fossil fuel burning heater or appliance,
fireplace, or an attached garage, by the following dates:
July 1, 2011 for all existing single-family homes.
January 1, 2013 for all other existing dwelling units.
SB 183 further requires an owner to install the 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. Upon discovery of a violation, an enforcement agency must
give the owner a 30-day notice to correct. If the owner fails
to correct the violation within that time period, the owner is
subject to an infraction punishable by a maximum fine of $200
for each offense.
This bill :
Delays the date by which an owner must install a carbon
monoxide device in an existing hotel and motel unit pursuant
to SB 183 from January 1, 2013 to January 1, 2016.
Requires HCD, on or before July 1, 2014, to submit to the BSC
for adoption building standards for the installation of carbon
monoxide detectors in hotel and motel units. In developing
these standards, HCD must convene and consult a stakeholder
group and review and consider the most current national
standards available related to the installation of carbon
monoxide detection.
After January 1, 2014, requires that a smoke detector, in
order for the State Fire Marshal to approve and list the
device, display the date of manufacture, provide a place where
the date of installation can be written, incorporate a hush
feature (which allows a resident to manually turn off a
sounding alarm), incorporate an end-of-life feature providing
notice that the device needs to be replaced, and, if
battery-operated, contain a tamper-resistant battery with a
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minimum 10-year life. These requirements are referred to as
the "new smoke detector requirements" below.
After January 1, 2014, requires the owner of any residential
dwelling unit, when seeking a permit for alterations, repairs,
or additions greater than $1000 in value, to update the smoke
detectors to meet the new smoke detector requirements.
Requires an owner of a multi-family rental dwelling, at the
time a tenant takes possession of a unit, to ensure that the
placement of smoke detectors is in compliance with current
building code standards and that battery-operated detectors
have a battery with a minimum 10-year life.
After January 1, 2014, requires an owner of a single-family
rental dwelling to ensure that smoke detectors are operable at
the time that a tenant takes possession, that placement of the
detectors is in compliance with current building code
standards, and that battery-operated detectors have a battery
with a minimum 10-year life.
After January 1, 2014, requires a home inspector, when
conducting an inspection of a single-family home, to inform
the buyer of the age of the smoke detectors; if known, whether
the placement is in compliance with current building code
standards; and, if battery-operated, whether they contain a
battery with a minimum 10-year life.
COMMENTS:
1.Purpose of the bill . According to the author, properly
operating smoke alarms can mean the difference between life
and death. Data clearly shows that most fire deaths today -
over two-thirds - happen in homes with no smoke alarms or no
working alarms. To enhance the effective utilization of smoke
alarms in single and multi-family dwellings in order to better
prevent fire related injuries or death, this bill seeks to
implement some of the recommendations of the State Fire
Marshal's recent Smoke Alarm Task Force. In addition, the
author seeks to give hotel and motel owners more time and more
direction on how to comply with recent legislation requiring
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the installation of carbon monoxide alarms because, according
to the author, the current location placement standards may
not be appropriate for hotels and motels.
2.The Task Force recommendations . Among the consensus
recommendations in the State Fire Marshal's Smoke Alarm Task
Force final report from August 2011 are the following:
Legislation should be introduced to require smoke alarms
in existing residential occupancies that are being sold,
leased, or rented to conform to current building standards
for the location of smoke alarms. The smoke alarms should
bear a manufacturer's marking confirming they are less than
ten years old and be either AC powered with battery backup
or be powered by a long life primary battery.
Regulations should be adopted that require smoke alarms
and smoke detectors to be replaced when they fail to
respond to operability tests or no longer than ten years
from the date of manufacture marked on the product.
Regulations should be revised to require smoke alarms
that are solely battery powered to be packaged and sold
with a ten year battery and have a silence feature.
1.Limited retrofit requirement . As a general rule, this bill
does not require property owners to retrofit existing smoke
detectors that are operable. Instead, beginning in 2014, the
bill makes it illegal to sell battery-operated smoke alarms
without a ten-year, tamper resistant battery. Over time, as
consumers replace existing alarms, this will ensure the
proliferation of the safer, tamper-proof detectors. As
exceptions to this general rule, however, the bill does
require retrofit with detectors that meet the new smoke
detector requirements in two circumstances: 1) when the owner
of any residential dwelling unit seeks a building permit for
alterations, repairs, or additions greater than $1000 in
value; and 2) when a new tenancy commences in single-family or
multifamily rental housing. In addition, in this second
circumstance, the owner of the rental unit must ensure that
detectors are placed in compliance with current building code
standards, which may require the installation of additional
detectors. In order to reduce the impact on property owners,
the committee may wish to consider an amendment to eliminate
the requirement for rental housing owners to retrofit existing
operable smoke detectors. In that case, rental housing owners
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would still have to ensure proper placement, but the retrofit
requirement would only apply to substantial dwelling
improvements.
2.Ensuring at least one smoke detector in every home . Current
law requires the installation of smoke detectors in all
existing multifamily residential dwellings but only in those
single-family and factory-built homes that are sold. The
committee may wish to update existing law to require all
single-family and factory-built home owners to install a smoke
detector.
3.Technical amendments .
Combine the language relating to the operability and
maintenance of smoke alarms in rental housing into a single
subdivision in order to ensure uniform rules.
Clarify that single-family dwellings include one-to-four unit
structures, consistent with other statutes.
Move the building permit retrofit language rule into Health
and Safety Code Section 13113.7, which is more appropriate.
Allow the owner of a dwelling subject to the building permit
retrofit requirement to install the new alarm before final
permit signoff, as opposed to permit application.
Delete existing law about battery-operated alarms meeting the
law's requirements, as this may conflict with the new smoke
detector requirements, where applicable.
Clarify that owners are not required to replace operable smoke
detectors that are no longer eligible for sale after January
1, 2014.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 11,
2012)
SUPPORT: California State Firefighters' Association
(sponsor)
OPPOSED: None received.
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