APRIL 2004 LEGISLATIVE REPORT
CALIFORNIA FIRE CHIEF’S FIRE PREVENTION OFFICERS
The following is legislation in the California Legislature being monitored by the FPO Legislative Committee.
For current information or to review any of these bills go to www.leginfo.ca.gov
The Committee is watching bills without a Support or Oppose by Cal-Chiefs
AB = Assembly Bill
SB = Senate Bill
AB 224, Kehoe:
Cal-Chiefs: Support
Topic: Roof covering materials.
Status: In Senate. Referred to Com. on Housing & Community Development.
Position: Support
Summary: This bill would provide that a common interest
development (Home Owner’s Association and
such) may not require a homeowner to install
or repair a roof in a manner that violates
the requirements of current law.
AB 1802, Bogh
Topic: Illegal dumping, penalties.
Status: Assembly –Third Read
Summary: This bill would require, rather than allow, a judge to issue an order relating to the removal or payment for the removal of waste matter dumped by a person convicted of this crime.
AB 1907, Pacheco
Topic: Arson.
Status: Referred to Assembly Appropriations Com.
Hearing Date: 4/14/04
Summary: This bill would decrease the amount of property damage and other losses from $5,000,000 to $1,500,000 in order to be guilty of the crime of aggravated arson and would delete the repeal date of January 1, 2005 for provisions relating to property damage in existing law.
AB 1924, Bogh
Topic: Fire Prevention Penalties.
Status: Referred to Assembly Natural Resources Com.
Hearing Date: 4/19/04
Summary: This bill would require, rather then authorize, the courts to impose fines on persons convicted of felony arson and double the amount of the fine currently in effect.
AB 1996, Bogh
Topic: Arson registry: Internet.
Status: Failed passage from Assembly Public Safety Co. on March 30, 04
Summary: This bill would repeal the prohibition on public inspection of registration information and would require the Department of Justice to make specified registration information available to the public via the Internet
AB 2065, Nakano
Topic: Health and care facilities: fire protection.
Status: Referred to Assembly Governmental Organization Co.
Hearing Date: 4/19/04
Summary: As written, this bill would require all licensed, residential care facilities to install fire sprinklers and fire alarm systems after January 1, 2008 and would allow the State Fire Marshal to promulgate emergency regulations to implement the provisions of the bill.
AB 2133, Oropeza
Topic: Entertainment: Emergency Exits
Status: Assembly Arts, Entertain, Sports, Tourism, & Internet Media Com.
Hearing Date: 4/13/04
Summary: This bill would require that an announcement be made of the location of every emergency exit prior to the beginning of the concert, show, film, play, dance, or other event.
AB 2134, Dutton
Topic: Building Standards.
Status: From printer. Not Assigned
Summary: This bill would declare the intent of the Legislature to enact legislation to incorporate the recommendations of those involved in building homes in the state into revisions of the California Building Standards Code.
AB 2241, Campbell
Topic: Building Standards.
Status: Assembly Business and Professions Com.
Hearing Date: 4/20/04
Summary: This bill would require the appointed members of the California Building Standards Commission to include a licensed general building contractor and a local chief building official.
AB 2343, Nation
Cal-Chiefs: Support
Topic: School facilities: sprinkler systems.
Status: Assembly Education Com.
Hearing Date: 4/21/04
Summary: This bill would require an automatic fire sprinkler system to be installed in facilities modernized pursuant to the Leroy F. Greene School Facilities Act of 1998, which are located in local jurisdictions that have local ordinances requiring retroactive sprinkler systems.
AB 2381, La Suer
Topic: Forest resources: Wildfire threat.
Status: Assembly Natural Resources Com.
Hearing Date: 4/12/04
Summary: This bill would declare the Legislature's intent to enact legislation to exempt from the Z'berg Nejedly Forest Practice Act of 1973 the cutting and removal of trees to reduce the threat of wildfire, and to require surface fuels that could promote the spread of wildfire to be chipped, burned, or otherwise removed within 45 days from the date of commencement of timber operations.
AB 2401, Harman
Topic: State Fire Marshal.
Status: Assembly Governmental Organization Com.
Hearing Date: 4/12/04
Summary: This bill would authorize the State Fire Marshal or his or her designee to stay the suspension of a license on condition that the licensee pay a specified monetary penalty and incur no other cause for disciplinary action, as specified.
In addition: Inspect every jail or place of detention for persons at least once every 2 years.
AB 2632, Bogh Cal-Chiefs: Oppose
Topic: Health facilities: construction plans: expedited approval.
Status: Assembly Health Com.
Hearing Date: 4/12/03
Summary: This bill would require construction or alteration of skilled nursing and intermediate care facilities to be exempt from conformance with the latest edition of the California Building Standards Code, and to be exempt from independent review and inspection by OSHPD when, among other things, the construction or alteration is undertaken to repair or replace existing systems, to upgrade systems for efficiency purposes, to keep up the course of normal or routine maintenance, or to keep vital systems used in providing care to patients housed in the facility operational.
AB 2638, Cogdill
Topic: Building standards: public information.
Status: Assembly Governmental Organizational Com.
Hearing Date: 5/03/04
Summary: This bill would deem any interpretation of the California Building Standards Code and any rules and regulations to clarify the application of the code by a local enforcement agency to be a public record for purposes of the Public Records Act.
AB 2694, Bogh
Topic: Litter: cigarettes: increased fines.
Status: Referred to Assembly Public safety Com.
Summary: This bill would substantially increase the fines for discarding waste matter upon public or private property, when the waste matter discarded is a cigarette, cigar, match, or any flaming or glowing substance.
AB 2950, Goldberg
Topic: School facilities: construction standards.
Status: Read first time. This bill is to be amended. It will not address schools according to the author’s staff.
Summary: This bill would state the intent of the Legislature that the Department of General Services Office of Public School Construction, in consultation with the Department of Education, establish clear, concise standards for school facility construction.
SB 1255, Hollingsworth:
Topic: Fire protection: firebreaks.
Status: Senate Natural Resources and Wildlife Com.
Hearing Date: 04/12/04
Summary: Existing law requires the State Board of
Forestry and Fire Protection to adopt regulations
implementing minimum fire safety standards
related to defensible space, that are applicable
to state responsibility area lands under
the authority of the Department of Forestry
and Fire Protection.
This bill would provide that notwithstanding
any other provision of law, or the provisions
of a convenant, condition, or restriction
regarding landscaping in a planned development,
an owner of property, or his or her agent,
may construct a firebreak for the protection
of a home or other structure on the property.
SB 1255, Morrow:
Topic: Healthy State Lands Act of 2004.
Last Action: Senate Natural Resources and Wildlife Com.
Hearing Date: 04/13/04
Summary: (1) Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare or cause to be prepared by contract, and certify the completion of an environmental impact report for any project it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless exempt from the act.
This bill would establish the Healthy State
Lands Act of 2004, which would provide an
exemption to CEQA for activities related
to aggressive fuel modification on state
lands that are intended to prevent fire emergencies.
SB 1278, Senate Committee on Natural Resources:
Topic: Natural resources: forestry and fire protection.
Status: In Assembly -Held
Summary: (1) Existing law requires the Director of Forestry and Fire Protection, on or before December 1, 1995, to report to the appropriate committees of the Legislature on the impacts of designating very high fire hazard severity zones, as specified.
This bill would repeal that provision.
SB 1369, Kuehl
Topic: Fire protection: high fire hazard zone.
Status: Senate Appropriations Com.
Hearing Date: 04/19/04
Summary: This bill would revise existing requirements in very high fire hazard severity zones to require the removal of all brush, flammable vegetation, or combustible growth that is located within 100 feet from an occupied dwelling or occupied structure or to the property line, or at a greater distance if required by state law, or local ordinance, rule, or regulation AND would require an owner, prior to constructing a new dwelling or structure or reconstructing a dwelling or structure damaged by a fire in a very high fire hazard severity zone, to certify to the property insurance carrier that insures the dwelling or structure, that the dwelling or structure will be constructed in compliance with all state and local building codes, including specified standards covering fire prevention.
SB 1898, Burton:
Topic: Seismic safety: gas shutoff devices.
Status: Senate Housing and Community development Com.
Hearing Date: 04/19/04
Summary: Existing law requires any new seismic gas shutoff device sold in this state to be certified by the State Architect, who is required to establish a fee for the certification that is continuously appropriated to the State Architect for the costs of administering the certification program.
This bill would provide that an automatic
gas shutoff device that is not activated
by motion, but is activated by significant
gas leaks or overpressure surges, means a
gas shutoff device that shuts off the gas
in a building if it detects, during or immediately
after an earthquake, an increase in the flow
of gas, as specified, shuts off the gas in
a building if the flow of gas in the main
line in a building exceeds its design limits,
and detects small leaks within 24 hours,
as specified.
SB 1908, Sher:
Topic: Forestry and fire protection.
Status: Senate Natural Resources and Wildlife Com.
Hearing Date: 04/13/04
Summary: Existing law requires the Department of Forestry and Fire
Protection to adopt minimum fire safety standards for construction
approved within state responsibility areas. Existing law also
provides that, as an integral part of these fire safety standards,
the State Fire Marshal has the authority to adopt regulations for
roof openings and openings into attic areas of buildings, as
specified.
This bill would conform these requirements to recently enacted
provisions that require the State Fire Marshal, in consultation with
the Director of Forestry and Fire Protection and the Director of
Housing and Community Development, to propose fire protection
building standards for roofs, exterior walls, and structure
projections, as specified.