FEBRUARY 2005 LEGISLATIVE REPORT
CALIFORNIA FIRE CHIEF’S FIRE PREVENTION OFFICERS
The following is legislation in the California Legislature being monitored by the FPO Legislative Committee.
SB = Senate Bill
AB 44 (Cohn) Health facilities.
Status: To Assembly Committee on Health January 6
Summary: The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 requires the Office of Statewide Health Planning and Development to assume duties relating to construction and alteration of hospital buildings, including, but not limited to, review and approval of construction plans, in order to ensure that the buildings are reasonably capable of providing services after a disaster.
This bill would, until January 1, 2009, authorize a hospital governing authority to retain an independent plan reviewer (IPR) to review its plan for projects over $50,000,000, and would authorize the office to grant the request of a hospital governing authority to retain an IPR for any project that is at least $20,000,000, but that does not exceed $50,000,000, if it determines that undue delay may otherwise occur. The bill would establish plan review criteria and would authorize the adoption of related emergency regulations, including, but not limited to, regulations establishing IPR qualifications and certification standards.
AB 178 (Koretz) California Cigarette Fire Safety Act.
Status: 01/25/2005-From printer. May be heard in committee February 24.
Summary: Existing law requires the State Fire Marshal to adopt regulations that specify standards for the special design of cigarette lighters with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. This bill would prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Attorney General that the cigarettes have been tested by the manufacturer in accordance with standards established by the American Society of Testing and Materials and no more than 25% of the cigarettes it manufactures exhibit full -length burns when tested. The bill would require cigarette manufacturers to mark packages of cigarettes to be sold in California to show compliance with these provisions and would require wholesale dealers, agents, and retail dealers to permit the State Fire Marshal to inspect these markings. This bill contains other related provisions.
Status: 01/03/2005-Read first time.
Summary: The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks every 7 years to ensure enforcement of the act and implementing regulations. Existing law requires an enforcement agency to issue notice to correct a violation within 10 days of determining that a mobilehome park is in violation of the act or implementing regulations or immediately if the violation constitutes an imminent threat to health and safety. Existing law requires violations that constitute an imminent threat to health and safety to be corrected within a reasonable time, as determined by the enforcement agency. This bill would, if an owner or operator of a mobilehome park fails to comply within a reasonable time with the terms of the order or notice, authorize the enforcement agency to seek and the court to order imposition of the penalties provided for under the act, authorize a court, upon motion by the enforcement agency, the park owner or operator, or the residents or homeowners occupying the park, to issue an order that would result in correction of defects, rather than closure of the park or suspension of its permit to operate, or authorize the enforcement agency, a homeowner or resident, or a homeowner or resident association or organization to seek and the court to order the appointment of a receiver for the park if the violation or violations are so extensive and of a nature that the health and safety of the homeowners, residents, or the public is substantially endangered.
Status: 01/21/2005-From print. May be acted upon on or after February 20.
Summary: The Mobilehome Parks Act requires the Department of
Housing and Community Development or a city, county, or city and county
that assumes responsibility for the enforcement of the act to enter and
inspect mobilehome parks every 7 years to ensure enforcement of the act
and implementing regulations. Existing law requires an enforcement
agency to issue notice to correct a violation. Existing law repeals
these provisions on January 1, 2007. This bill would delete the repeal
of these provisions. This bill contains other related provisions and
other existing laws.