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Senate Bill 1822

Senate Bill sb1822

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1822

    By Senator Garcia





    40-1228-07                                          See HB 483

  1                      A bill to be entitled

  2         An act relating to smoke detectors and carbon

  3         monoxide detectors; providing legislative

  4         intent; providing definitions; specifying

  5         approved types of smoke detectors and carbon

  6         monoxide detectors; providing requirements for

  7         the installation and testing of such detectors;

  8         requiring existing and newly constructed

  9         residential dwellings and dwelling units to be

10         installed with smoke detectors and carbon

11         monoxide detectors; providing penalties for

12         noncompliance; requiring the Department of

13         Business and Professional Regulation to develop

14         rules; providing severability; providing an

15         effective date.

16  

17         WHEREAS, the general purpose and intent of this act is

18  to provide proper protection regulations in the best interest

19  of the health, safety, and welfare of the citizens of this

20  state, and

21         WHEREAS, the specific intent and purpose of this act is

22  to create safety regulations requiring carbon monoxide

23  detectors and smoke detectors after the occurrence of several

24  incidents where people have died as a result of carbon

25  monoxide poisoning under circumstances that were preventable,

26  and

27         WHEREAS, this act is named in memory of Janelle Bertot,

28  a talented and community-oriented 19-year-old college student

29  and daughter of a former Hialeah police officer, who died on

30  November 14, 2004, from carbon monoxide poisoning as a result

31  

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    Florida Senate - 2007                                  SB 1822
    40-1228-07                                          See HB 483




 1  of carbon monoxide that leaked from a friend's motor vehicle,

 2  and

 3         WHEREAS, through the efforts of Janelle's parents and

 4  other dedicated volunteers, Janelle's Wishing Well, a

 5  charitable foundation, has been established to provide

 6  scholarships to young people interested in health care and to

 7  raise public awareness and create community outreach programs

 8  on the dangers of carbon monoxide poisoning, and

 9         WHEREAS, the Legislature recognizes and supports the

10  education and prevention efforts of Janelle's Wishing Well to

11  advise young people of the lethal danger of carbon monoxide

12  poisoning, NOW, THEREFORE,

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  (1)  SHORT TITLE.--This section may be

17  cited as "Janelle's Law."

18         (2)  PURPOSE.--It is the legislative intent in the

19  adoption of this section to protect the health and welfare of

20  the citizens by requiring the installation of smoke detectors

21  and carbon monoxide detectors in all residential dwellings and

22  dwelling units.

23         (3)  DEFINITIONS.--The following words and phrases

24  shall have the meanings ascribed to them in this section,

25  except where the context clearly indicates a different

26  meaning:

27         (a)  "Carbon monoxide detector" means a device capable

28  of sensing carbon monoxide, a colorless, odorless gas that is

29  produced as a result of incomplete burning of

30  carbon-containing fuels, which is approved or listed by a

31  recognized independent laboratory and, when activated,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1822
    40-1228-07                                          See HB 483




 1  provides an alarm to warn all occupants of the presence of

 2  carbon monoxide within a residential dwelling or dwelling

 3  unit.

 4         (b)  "Smoke detector" means a device that includes hush

 5  and reset buttons and is capable of sensing visible or

 6  invisible products of combustion and that is approved or

 7  listed by a recognized independent testing laboratory and,

 8  when activated, provides an alarm to warn all occupants of the

 9  presence of such products within a residential dwelling or

10  dwelling unit.

11         (4)  APPROVED TYPES OF SMOKE DETECTORS AND CARBON

12  MONOXIDE DETECTORS; INSTALLATION AND TESTING.--

13         (a)  Only smoke detectors and carbon monoxide detectors

14  that are wired directly or hard-wired to the building's

15  electric supply and not controlled by any switch other than

16  the main electric power supply and equipped with a battery

17  backup shall be considered approved types of smoke detectors

18  and carbon monoxide detectors. The smoke detectors and carbon

19  monoxide detectors shall emit a signal when the batteries are

20  low. Wiring shall be permanent and without a disconnecting

21  switch other than as required for over-current protection.

22         (b)  Where more than one smoke detector is required to

23  be installed, the smoke detectors shall be interconnected in

24  such a manner that the activation of one smoke detector will

25  activate all of the smoke detectors. Where more than one

26  carbon monoxide detector is required to be installed, the

27  carbon monoxide detectors shall be interconnected in such a

28  manner that the activation of one carbon monoxide detector

29  will activate all of the carbon monoxide detectors.

30         (c)  The detectors shall be clearly audible in all

31  bedrooms over background noise levels with all intervening

                                  3

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    Florida Senate - 2007                                  SB 1822
    40-1228-07                                          See HB 483




 1  doors closed. When the installation of the detecting devices

 2  is complete, each detector and interconnecting wiring for

 3  multiple-station alarm devices shall be tested according to

 4  the household warning equipment provisions of the National

 5  Fire Protection Association Standard 72, Current Edition.

 6         (5)  REQUIREMENTS FOR EXISTING AND NEWLY CONSTRUCTED

 7  RESIDENTIAL DWELLINGS AND DWELLING UNITS.--

 8         (a)  For existing residential dwellings and dwelling

 9  units that have auxiliary power units or generators, only

10  smoke detectors and carbon monoxide detectors that are wired

11  directly or hard-wired to the building's electric supply and

12  not controlled by any switch other than the main electric

13  power supply and equipped with a battery backup shall be

14  considered approved types of smoke detectors and carbon

15  monoxide detectors. The smoke detectors and carbon monoxide

16  detectors shall emit a signal when the batteries are low.

17         (b)  For all new residential construction, all

18  residential dwelling units contained within each residential

19  dwelling shall be installed with a minimum of one smoke

20  detector for each living area and bedroom or sleeping quarter

21  and one additional smoke detector for each floor or story,

22  including basements, but not including crawl spaces and

23  uninhabitable attics.

24         (c)  All new construction of residential dwellings and

25  dwelling units described in this section shall comply with the

26  requirements of this section beginning July 1, 2007.

27         (d)  All existing residential dwellings and dwelling

28  units described in this section shall comply with the

29  requirements of this section before July 1, 2009.

30         (6)  PENALTIES.--Failure to comply with the provisions

31  of this section may be punishable by a penalty not to exceed

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    Florida Senate - 2007                                  SB 1822
    40-1228-07                                          See HB 483




 1  $500. Each violation and each day upon which any such

 2  violation occurs shall constitute a separate offense.

 3         (7)  RULES.--The Department of Business and

 4  Professional Regulation shall develop rules pursuant to ss.

 5  120.536(1) and 120.54, Florida Statutes, for the

 6  implementation of this section.

 7         (8)  SEVERABILITY.--If any provision of this section or

 8  its application to any person or circumstance is held invalid,

 9  the invalidity does not affect other provisions or

10  applications of the section which can be given effect without

11  the invalid provision or application, and to this end the

12  provisions of this section are severable.

13         Section 2.  This act shall take effect July 1, 2007.

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