Dwelling safety: carbon monoxide and smoke detectors.

(1) Existing law provides that, subject to exceptions, a smoke detector, approved and listed by the State Fire Marshal, as specified, shall be installed, in accordance with the manufacturer's instructions in each dwelling intended for human occupancy. Existing law requires the owner of each dwelling unit subject to these requirements to supply and install smoke detectors in the locations and in the manner set forth in the manufacturer's instructions, as approved by the State Fire Marshal's regulations, and further requires, in the case of apartment complexes and other multiple-dwelling complexes, that a smoke detector shall be installed in the common stairwells. Existing law requires, for all dwelling units intended for human occupancy, upon the owner's application on or after January 1, 1985, for a permit for alterations, repairs, or additions, exceeding $1,000, that a smoke detector be installed. Existing law authorizes the State Fire Marshal to adopt regulations exempting dwellings intended for human occupancy with fire sprinkler systems from these provisions, as specified. Existing law requires the owners of hotels, motels, lodging houses, apartment complexes, and other multiple-dwelling complexes to test and maintain smoke detectors, as specified. Existing law provides that a violation of any of these provisions is an infraction. This bill would provide that, for all dwelling units intended for human occupancy for which a building permit is issued on or after January 1, 2014, for alterations, repairs, or additions exceeding $1,000, the permit issuer shall not sign off on the completion of work until the permittee demonstrates that all smoke alarms required for the dwelling unit are devices approved and listed by the State Fire Marshal. The bill would provide that a fire alarm system with smoke detectors installed in accordance with the State Fire Marshal's regulations may be installed in lieu of, among other things, the devices approved and listed by the State Fire Marshal described above, as specified. The bill would delete the authority of the State Fire Marshal to adopt regulations exempting dwellings intended for human occupancy with fire sprinkler systems from the above-described provisions. The bill would also delete the requirement that the owner of each dwelling unit subject to the above-described provisions must supply and install smoke detectors in the locations and in the manner set forth in the manufacturer's regulations. Instead, the bill would make owners of certain multiple-dwelling complexes, as specified, responsible for testing and maintaining alarms and, commencing January 1, 2014, also require owners of single-family dwellings that are rented or leased to be responsible for testing and maintaining smoke alarms, as specified, except as provided. The bill would also require the owner of a dwelling intended for human occupancy in which one or more units is rented or leased to install additional smoke alarms as needed to ensure that smoke alarms are located in compliance with current building standards on or before January 1, 2016, as specified. The bill would expand the definition of "dwelling units intended for human occupancy" for these purposes to include factory-built housing, as defined. The bill would delete the requirement that a smoke detector be installed in the common stairwells of apartment complexes and other multiple-dwelling complexes. By expanding the scope of provisions of law, the violation of which is a crime, this bill would impose a state-mandated local program. (2) Existing law, subject to exceptions, requires that every single-family dwelling and factory-built housing, as defined, which is sold have an operable smoke detector that is approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal's regulations. This bill would additionally require that for all dwelling units intended for human occupancy, upon the owner's application on or after January 1, 2014, for a permit for alterations, repairs, or additions, exceeding $1,000, all smoke alarms required for the dwelling unit shall display the date of manufacture on the device, provide a place on the device where the date of installation can be written, incorporate a hush feature, incorporate an end-of-life feature that provides notice that the device needs to be replaced, and, if battery operated, contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for a minimum of 10 years. (3) Existing law provides that no person shall market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. This bill would additionally provide that, commencing January 1, 2014, in order to be approved and listed by the State Fire Marshal, a smoke alarm shall display the date of manufacture on the device, provide a place on the device where the date of installation can be written, incorporate a hush feature, incorporate an end-of-life feature that provides notice that the device needs to be replaced, and, if battery operated, contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for a minimum of 10 years. The bill would authorize the State Fire Marshal to create exceptions to the above-described provisions through its regulatory process, as specified. The bill would also provide that if the State Fire Marshal determines that a sufficient amount of tested and approved smoke alarms are not available to property owners to meet the requirements described above by January 1, 2014, the State Fire Marshal may suspend enforcement of these provisions for a period not to exceed 6 months, as specified. The bill would also require the State Fire Marshal to approve the manufacturer's instructions for each smoke alarm and to ensure that the instructions are consistent with current building standard requirements for the location and placement of smoke alarms. (4) Existing law requires an owner of a dwelling unit intended for human occupancy to install a carbon monoxide device in each existing dwelling, as specified. Existing law requires the installation of carbon monoxide devices in each existing single-family dwelling unit by July 1, 2011, and all other dwelling units by January 1, 2013. The State Housing Law creates standards for buildings used for human habitation. A violation of that law is a crime. Existing law requires an adopting agency or state agency that proposes new building standards to submit those standards for review by the California Building Standards Commission. This bill would require the installation of carbon monoxide devices in all existing hotel and motel dwelling units intended for human occupancy by January 1, 2016. The bill would require the Department of Housing and Community Development to adopt building standards to implement those provisions by July 1, 2014. Because the violation of a building standard is a crime, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.