Bill Text: CA SB245 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military installations: plan for retention and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB245 Detail]

Download: California-2011-SB245-Amended.html

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BILL NUMBER: SB 245	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 10, 2011

    An act relating to energy.   An act to amend
Section 13113.7 of the Health and Safety Code, relating to smoke
detectors. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 245, as amended, Rubio.  Energy: transmission projects:
expedited permitting.   Smoke detectors: mobilehomes,
manufactured homes, and commercial modulars.  
   Existing law requires a smoke detector approved and listed by the
State Fire Marshal to be installed in each dwelling unit intended for
human occupancy, as defined. A violation of those provisions is an
infraction punishable by a maximum fine of $200 for each offense.
 
   This bill would revise the definition of "dwelling unit intended
for human occupancy" to include mobilehomes, manufactured homes, and
commercial modulars, as defined, and would require smoke detectors to
be installed in those dwellings. The bill would also make
clarifying, nonsubstantive changes.  
   By expanding the scope of a crime, the bill would impose a
state-mandated local program.  
   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.  
   Existing law requires energy and transmission projects to obtain
specified certification or permits or both certification and permits
from various state and local agencies.  
   This bill would state the intent of the Legislature to enact
legislation to establish a new program to ease and expedite the state
permitting process for transmission projects within the state.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13113.7 of the  
Health and Safety Code   is amended to read: 
   13113.7.  (a) Except as otherwise provided in this section, a
smoke detector, approved and listed by the State Fire Marshal
pursuant to Section 13114, shall be installed  ,  in
accordance with the manufacturer's instructions in each dwelling
 unit  intended for human occupancy within the earliest
applicable time period as follows:
   (1) For all dwelling units intended for human occupancy, 
except for mobilehomes, manufactured homes, and commercial modulars,
 upon the owner's application on or after January 1, 1985, for a
permit for alterations, repairs, or additions, exceeding one
thousand dollars ($1,000).
   (2) For all other dwelling units intended for human occupancy 
, except for mobilehomes, manufactured homes, and commercial
modulars,  on or after January 1, 1987. 
   (3) For mobilehomes, manufactured homes, and commercial modulars,
on or after January 1, 2012.  
   However, if 
    (b)     If  any local rule,
regulation, or ordinance, adopted prior to the compliance dates
specified in  paragraphs (1) and (2)  
subdivision (a)  requires installation  of a smoke detector
 in a dwelling unit intended for human occupancy  of
smoke detectors which receive their   that is subject to
this section and that receives  power from the electrical
system of the building  ,  and  requires compliance
with   if  the  compliance date specified in
the  local rule, regulation, or ordinance  at a date
  is  subsequent to the dates specified in 
this section   subdivision (a)  , the compliance
date specified in the rule, regulation, or ordinance  shall,
but only with respect to the dwelling units specified in this
section,   shall  take precedence over the dates
specified in  this section   subdivision (a)
 . 
   The 
    (c)     The  State Fire Marshal may
adopt regulations  exempting dwellings   to
exempt dwelling units  intended for human occupancy with fire
sprinkler systems from the provisions of this section, if he or she
determines that a smoke detector is not reasonably necessary for fire
safety in the occupancy. 
   Unless 
    (d)     Unless  prohibited by local
rules, regulations, or ordinances, a battery-operated smoke detector
 , which   that  otherwise meets the
standards adopted pursuant to Section 13114 for smoke detectors,
satisfies the requirements of this section. 
   (b) 
    (e)     (1)    "Dwelling
 units   unit  intended for human
occupancy," as used in this section, includes a duplex, lodging
house, apartment complex, hotel, motel, condominium, stock
cooperative, time-share project,  or  dwelling unit
of a multiple-unit dwelling complex  . For the purpose of
this part, "dwelling units intended for human occupancy" does not
include manufactured homes as defined in Section 18007, mobilehomes
as defined in Section 18008, and commercial coaches as defined in
Section 18001.8   , commercial modular, manufactured
home, or mobilehome  . 
   (2) For purposes of this part, the following definitions apply:
 
   (A) "Commercial modular" shall have the same meaning as defined in
Section 18001.8.  
   (B) "Manufactured home" shall have the same meaning as defined in
Section 18007.  
   (C) "Mobilehome" shall have the same meaning as defined in Section
18008.  
   (c) 
    (f)  The owner of each dwelling unit subject to this
section shall supply and install smoke detectors required by this
section in the locations and in the manner set forth in the
manufacturer's instructions, as approved by the State Fire Marshal's
regulations.  In the case of   For 
apartment complexes and other multiple-dwelling complexes, a smoke
detector shall be installed in the common stairwells. All fire alarm
warning systems supplemental to the smoke detector  also 
shall  also  be listed by the State Fire Marshal.

   (d) 
    (g)  A high rise structure, as defined in subdivision
(b) of Section 13210  and regulated by Chapter 3 (commencing
with Section 13210), and which   , that  is used
for purposes other than as  a  dwelling  units
 unit  intended for human occupancy  ,
 is exempt from the requirements of this section. 
   (e) 
    (h)  The owner shall be responsible for testing and
maintaining detectors in hotels, motels, lodging houses,  and
 common stairwells of apartment complexes  ,  and
other multiple dwelling complexes. 
   An 
    (i)     An  owner or the owner's agent
may enter  any   a  dwelling unit,
efficiency dwelling unit, guest room,  and   or
 suite  owned by the owner for the purpose of
installing, repairing, testing, and maintaining   to
install, repair, test, or maintain a  single station smoke
 detectors   detector  required by this
section. Except in cases of emergency, the owner or owner's agent
shall give the  tenants   tenant  of
 each such   the  unit, room, or suite
reasonable notice  ,  in writing  ,  of the
intention to enter  , and shall enter only during normal
business hours. Twenty-four hours shall be presumed to be reasonable
notice in  the  absence of evidence to the contrary.

   The 
    (j)     A  smoke detector shall be
operable  at the time that the   when a 
tenant takes possession.  The   An 
apartment complex tenant shall be responsible for notifying the
manager or owner if the tenant becomes aware of an inoperable smoke
detector within his or her unit. The owner or authorized agent shall
correct any reported deficiencies in the smoke detector  , 
and shall not be in violation of this section for a deficient smoke
detector when he or she has not received notice of the deficiency.

   (f) 
    (k)  A violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense. 
   (g) 
    (l)  This section shall not affect any rights 
which   that  the parties may have under any other
provision of law because of the presence or absence of a smoke
detector. 
   (h) 
    (m)  This section shall not apply to the installation of
smoke detectors in single-family dwellings or factory-built housing
 which   that  is regulated by Section
13113.8  , as added by Assembly Bill No. 2285 of the 1983-84
Regular Session  .
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    (a) It is the intent of the
Legislature to enact legislation to establish a new program to ease
and expedite the state permitting process for transmission projects
within the state.
   (b) It is further the intent of the Legislature that this new
program require appropriate state agencies to establish one program
under which qualified transmission projects would have expedited,
coordinated, and knowledgeable processing of all necessary state
permits, and would have a defined timeframe within which all permits
would be issued after all documents required pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) have been certified.