Lowenthal
Author
(1) Existing law requires certain transferors of real property improved with 1 to 4 dwelling units, as well as transferors of mobilehomes and manufactured homes, to make specified disclosures to prospective transferees regarding the characteristics of the property and prescribes forms for the purpose of making these disclosures. Existing law requires the transferor of real property containing a single-family dwelling to provide transferees written notice of compliance with specified requirements for the installation of smoke detectors. Existing law requires the seller of any real property containing a water heater to certify in writing to a prospective purchaser compliance with specified safety requirements related to those water heaters. This bill would revise the disclosure forms, described above, to provide a seller certification that the property, at the close of escrow, will be in compliance with the requirements for smoke detectors and water heaters, described above, and to remove these provisions from elsewhere in the forms. The bill would also revise the disclosure forms to add a disclosure regarding carbon monoxide devices and a statement specifying that installation of a listed appliance, device, or amenity is not a precondition to sale or transfer. Existing law requires the State Fire Marshal to adopt regulations and standards regarding the quality and installation of burglar bars and safety release mechanisms for emergency escape and rescue windows, the approval and installation of smoke detectors, and the approval of portable fire extinguishers for marketing, distribution, and sale in this state. Existing law requires a smoke detector approved and listed by the State Fire Marshal to be installed in a dwelling unit intended for human occupancy. The State Housing Law creates standards for buildings used for human habitation. A violation of that law is a misdemeanor. This bill would enact the Carbon Monoxide Poisoning Prevention Act of 2010. This bill would require the State Fire Marshal to certify and approve carbon monoxide devices and their instructions, as specified, for the use in dwelling units intended for human occupancy, as defined. The bill would require the State Fire Marshal to charge an appropriate fee to the manufacturer of a carbon monoxide device to cover the costs associated with the approval and listing of carbon monoxide devices. The bill would prohibit the marketing, distribution, or sale of devices unless they and their instructions have been approved and listed by the State Fire Marshal. The bill would require a carbon monoxide device to be installed in a dwelling unit intended for human occupancy, as specified, and would generally provide that a violation of these provisions is an infraction punishable by a maximum fine of $200 for each offense, but the bill would require that a property owner receive a 30-day notice to correct prior to the imposition of the fine. By creating a new crime, this bill would create a state-mandated local program. The bill would provide that a transfer of title is not invalidated on the basis of a failure to comply with these requirements, and that the exclusive remedy for the failure to comply is an award of actual damages not to exceed $100, exclusive of any court costs and attorney's fees. This bill would require an owner or the owner's agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant to maintain carbon monoxide devices in that dwelling unit. The bill would permit the owner or the owner's agent to enter that dwelling unit to install, repair, test, and maintain carbon monoxide devices, as specified. The bill would permit the Department of Housing and Community Development to suspend enforcement of certain requirements on property owners if the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not available, and would require the department to publicize this decision, as specified. The bill would also make a statement of legislative findings. (2) 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.
Chaptered by Secretary of State. Chapter 19, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 2:45 p.m.
Senate concurs in Assembly amendments. (Ayes 23. Noes 9. Page 3322.) To enrollment.
Read third time. Passed. (Ayes 47. Noes 20. Page 4601.) To Senate.
In Senate. To unfinished business.
Read third time. Amended. (Page 4417.) To third reading.
From inactive file to third reading file.
Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.
Read third time. Passed. (Ayes 54. Noes 21. Page 3213.) To Senate.
Placed on inactive file on request of Assembly Member Torres.
Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.
Read third time. Amended. (Page 3037.) To third reading.
Read second time. To third reading.
From committee: Do pass. (Ayes 13. Noes 3.)
(Heard in committee on July 15.)
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.
(Heard in committee on June 30.)
Read second time. Amended. Re-referred to Com. on JUD.
(Heard in committee on June 17.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 6. Noes 0.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on H. & C.D.
To Coms. on H. & C.D. and JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 12. Page 1040.) To Assembly.
Read second time. Amended. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
Set for hearing May 18.
Read second time. Amended. Re-referred to Com. on APPR.
(Corrected May 13.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 701.)
Set for hearing April 28.
From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 8. Noes 3. Page 609.) Re-referred to Com. on JUD.
Set for hearing April 21.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.
To Com. on RLS.
From print. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB183 | HTML |
| 02/17/09 - Introduced | |
| 04/13/09 - Amended Senate | |
| 05/06/09 - Amended Senate | |
| 05/26/09 - Amended Senate | |
| 06/11/09 - Amended Assembly | |
| 06/22/09 - Amended Assembly | |
| 09/04/09 - Amended Assembly | |
| 03/25/10 - Amended Assembly | |
| 04/27/10 - Enrolled | |
| 05/07/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.