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  APRIL 14, 2011
	AMENDED IN SENATE  MARCH 29, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 10, 2011

   An act to amend  , repeal, and add  Section 18029.6 of
the Health and Safety Code, relating to smoke detectors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 245, as amended, Rubio. Smoke detectors: mobilehomes,
manufactured homes, and commercial modulars.
   The Mobilehomes-Manufactured Housing Act of 1980 requires the
Department of Housing and Community Development to enforce various
laws pertaining to the structural, fire safety, plumbing,
heat-producing, or electrical systems and installations or equipment
of a manufactured home, mobilehome, special purpose commercial coach,
or commercial coach. Under existing law, a knowing violation of the
act, as specified, is punishable as a misdemeanor offense.
   The act requires that on or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold have a smoke alarm installed in each
room for sleeping that is operable on the date of transfer of the
title. Existing law also requires that for manufactured homes and
multifamily manufactured homes manufactured on or after September 16,
2002, each smoke alarm comply with the federal Manufactured Housing
Construction and Safety Standards Act.
   This bill would require that on or after July 1, 2012, all used
manufactured homes, mobilehomes, and multifamily manufactured homes
have a smoke alarm installed in each room designed for sleeping. The
bill would additionally impose new requirements and specifications
for manufactured homes, including those that are new and used,
manufactured at specified times, and for mobilehomes and multifamily
manufactured homes, manufactured at any time.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 18029.6 of the Health and Safety Code is
amended to read:
   18029.6.  (a) (1) On or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold shall have a smoke alarm installed
in each room designed for sleeping that is operable on the date of
transfer of title. For manufactured homes and multifamily
manufactured homes manufactured on or after September 16, 2002, each
smoke alarm shall comply with the federal Manufactured Housing
Construction and Safety Standards Act. For manufactured homes and
multifamily manufactured homes manufactured before September 16,
2002, each smoke alarm shall be installed in accordance with the
terms of its listing and installation requirements, and
battery-powered smoke alarms shall be acceptable for use when
installed in accordance with the terms of their listing and
installation requirements.
   (2) For manufactured homes and multifamily manufactured homes
manufactured before September 16, 2002, the smoke alarm manufacturer'
s information describing the operation, method and frequency of
testing, and proper maintenance of the smoke alarm shall be provided
to the purchaser for any smoke alarm installed pursuant to paragraph
(1).
   (b) On or after January 1, 2009, the requirements of subdivision
(a) shall be satisfied if, within 45 days prior to the date of
transfer of title, the transferor signs a declaration stating that
each smoke alarm in the manufactured home, mobilehome, or multifamily
manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
   (c) The department may promulgate rules and regulations to clarify
or implement this section.
   (d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section. 
   (e) On or after July 1, 2012, all used manufactured homes,
mobilehomes, and multifamily manufactured homes shall have a smoke
alarm installed in each room designed for sleeping. For new and used
manufactured homes manufactured on or after September 16, 2002, each
smoke alarm shall comply with the federal Manufactured Housing
Construction and Safety Standards Act. For manufactured homes
manufactured before September 16, 2002, and for mobilehomes and
multifamily manufactured homes manufactured at any time, each smoke
alarm shall be installed in accordance with the terms of its listing
and installation requirements, and battery-powered smoke alarms shall
be acceptable for use when installed in accordance with the terms of
their listing and installation requirements.  
   (e) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute that
is enacted before January 1, 2013, deletes or extends the dates on
which it becomes inoperative and is repealed.  
  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. 
   SEC. 2.    Section 18029.6 is added to the  
Health and Safety Code   , to read:  
   18029.6.  (a) On or after July 1, 2012, all used manufactured
homes, used mobilehomes, and used multifamily manufactured homes
shall have a smoke alarm installed in each room designed for
sleeping. For all manufactured homes and multifamily manufactured
homes manufactured on or after September 16, 2002, each smoke alarm
shall comply with the federal Manufactured Housing Construction and
Safety Standards Act. For manufactured homes manufactured before
September 16, 2002, and for mobilehomes and multifamily manufactured
homes manufactured at any time, each smoke alarm shall be installed
in accordance with the terms of its listing and installation
requirements, and battery-powered smoke alarms shall be acceptable
for use when installed in accordance with the terms of their listing
and installation requirements.
   (b) On or after July 1, 2012, within 45 days prior to the date of
transfer of title and as a condition of transfer of title, the
transferor shall sign a declaration stating that each smoke alarm in
the manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
   (c) The department may promulgate rules and regulations to clarify
or implement this section.
   (d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section.
   (e) This section shall become operative on July 1, 2012.