JULY 2003 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

AB = Assembly Bill
SB = Senate Bill

A watch bill is one where Cal-Chiefs as not taken a position yet.

AB 302, Chan - Cal-Chiefs: Watch

Topic: Polybrominated diphenyl either (PBDE)

Status: Assembly Floor for consideration

Digest Summary: This bill would require a PBDE manufacturer on and after March 1,

2005, to mark all products containing polybrominated biphenyl diphenyl ether (PBDE) with a specified label. The bill would prohibit, on and after January 1, 2006, a person from manufacturing, processing, or distributing in commerce any a product containing PBDE.

Note: PBDE are materials used as a fire retardant.

AB 731, Spitzer - Cal-Chiefs: Support

Topic: Building Inspections: H&S Code Section 13146.2

Status: In Senate - 2-year bill

Digest Summary: To amend Section 13146.2 of the Health and Safety Code, to allow inspections of apartment houses at least once every three years. Current law requires inspections annually and allows local jurisdictions to charge fees to cover cost of inspections.

An apartment house would be defined under this section as: an apartment house in which each unit has a separate exit to the exterior of the apartment house.

AB 904, Lowenthal - Cal-Chiefs: Support Topic: Arson: registration.
Status: In Assembly -2-year bill

Digest Summary: Existing law requires a person convicted in this state of arson, as defined, on or after November 30, 1994, to register with the chief of police or sheriff of the jurisdiction in which the person is residing within a specified period after changing his or her residence.
This bill would, in addition, require a person to register as an arsonist if the person is convicted, on or after January 1, 2004, in any other state, federal, or military court, of any offense that if committed or attempted in this state would have been punishable as arson, or if the person has been ordered by any other court to register as an arsonist.

Digest Summary: Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in the correction of any violation of a specified provisions of law or regulations regarding untenantable dwellings, fire safety, and building standards.
This bill would additionally authorize the collection of fees, costs, or charges incurred in the correction of any violation of specified regulations or ordinances.

AB 1045, Leslie - Cal-Chiefs: NEW BILL -Watch

Topic: Mobile food facilities

Status: In Senate for third reading

Digest Summary: This bill would exempt the preparation of churros from the

prohibition against cooking processes on a mobile food facility.

AB 1166, Berg - Cal-Chiefs: Watch

Topic: Residential facilities: terminally ill persons.

Status: Assembly

Digest Summary: This bill would provide that a residential care facility for the

elderly and a residential facility for adults that has obtained a waiver for hospice services need not call emergency response services at the time of a life-threatening emergency if the hospice agency is notified instead and certain conditions are met.

AB 1216 , Vargas - Cal-Chiefs: Support
Topic: Fire safety: regulations.
Status: Senate Floor for 2^nd reading
Digest Summary: Existing law requires the State Fire Marshal, no later than July 1, 1996, in consultation with the Director of Forestry and Fire Protection, to prepare and adopt a model ordinance that provides for comprehensive space and structure defensibility, including in very high fire severity zones.
This bill instead would require the State Fire Marshal, no later than January 1, 2005, in consultation with the Director of Forestry and Fire Protection, to prepare regulations that provide for comprehensive space and structure defensibility from exterior fire penetration.

AB 1576 , Liu: - Cal-Chiefs: Support

Topic: Water heaters: earthquakes.
Status: In Senate –2-year bill
Digest Summary: Existing law requires all new, replacement, and existing water heaters to be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion, as specified.
This bill would expressly impose that requirement on all water heaters in rental housing, to be complied with by no later than July 1, 2005.

SB 54 , Dunn Cal-Chiefs: Oppose
Topic: Mobilehomes.
Status: In Assembly – 2-year bill

Digest Summary: The existing Mobilehome Parks Act generally provides for enforcement of the act by a local enforcement agency.
This bill would require an inspector or representative of the enforcement agency to notify a complainant regarding a violation of the act as to when the complaint will be investigated, and to advise the complainant of the findings of the inspector.

SB 522, Soto - Cal-Chiefs: Watch

Topic: Housing: residential care: persons with disabilities.

Status: In Senate – 2-year bill

Digest Summary: This bill would establish a licensing and inspection program, to be administered by the department, for residential hotels or motels, apartments, and room and board facilities in which over 25% of the residents are recipients of SSI/SSP or other federal or state disability assistance or have a disability.

SB 567 , Torlakson - Cal-Chiefs: Support
Topic: Local ordinances: penalties for violation.
Status: Signed by Governor and Chaptered

Digest Summary: Existing law provides with respect to city and county ordinances that the violation of an ordinance is a misdemeanor unless the ordinance makes it an infraction.
This bill would double the maximum amounts of those fines.