California Fire Info

What is Senate Bill 1394 (SB-1394) & Senate Bill 745 (SB-745)?

SB-1394 (Lowenthal) was signed on September 21, 2012 by Governor Brown and chaptered into law. The new law requires smoke alarms listed by the Office of the State Fire Marshal to display the date of manufacture on the device, provide a place on the device where the date of installation can be written. The law also requires that smoke alarms that are battery operated to have a battery with a minimum life of ten (10) years.

Senate Bill 745 was signed by Governor Brown and chaptered into law. The new law has some revised language to the current law that passed last year (SB 1394-Lowenthal).

What does the new law require?

This new law would require that, commencing January 1, 2014, in order to be approved and listed by the Office of the State Fire Marshal, a smoke alarm shall display:

• The date of manufacture on the device
• Provide a place on the device where the date of installation can be written
• Incorporate a hush feature
• Incorporate an end-of-life feature that provides notice that the device needs to be replaced
• If battery operated, contain a non-replaceable, non-removable battery with a minimum 10-year life that is capable of powering the smoke alarm for a minimum of 10 years

This law would also allow the Office of the State Fire Marshal the authority to create exceptions to the above provisions via the regulatory process.

How does this affect my home?

It would also require that for all dwelling units intended for human occupancy, for which a building permit is issued on or after January 1, 2014, for alterations, repairs, or additions exceeding one thousand dollars ($1,000), the permit issuer shall not sign off on the completion of work until the permittee demonstrates that all smoke alarms required for the dwelling unit are devices approved and listed by the Office of the State Fire Marshal pursuant to Health and Safety Code Section 13114.

How does this affect hotels, motels, and short-term rentals?

The law also requires that by January 1, 2016, owners of a dwelling unit intended for human occupancy in which one or more units is rented or leased shall install additional smoke alarm, as needed, to ensure that smoke alarms are located in compliance with current building standards. Existing alarms installed need not be replaced unless the alarm is inoperable.

The law also extends the requirement for the installation of carbon monoxide devices to all existing hotel and motel dwellings having a fossil fuel burning heater or appliance, fireplace, or an attached garage by January 1, 2016, and require the Department of Housing and Community Development to adopt building standards to implement those provisions by July 1, 2014.

Are there exceptions?

This section shall not apply to any smoke alarm or combination smoke alarm that has been ordered by, or are in the inventory of, an owner, managing agent, contractor, wholesaler, or retailer on or before July 1, 2014, until July 1, 2015.

The manufacturers will be allowed to maintain their existing OSFM listings (for battery operated alarms) until July 1, 2015, provided the Exception of Provision (1) is met. All new listings of battery operated smoke alarm approved after July 1, 2014, must comply with the Provision (1) which requires a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years.

How does this affect manufacturers? 1/5

As of July 1, 2014, in order to be listed by Office of the State Fire Marshal (OSFM), new smoke alarms that are solely battery powered must have a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years.

Solely battery powered smoke alarms which have been approved and listed by OSFM prior to July 1, 2014 and which have been ordered by, or are in the inventory of, an owner, managing agent, contractor, wholesaler, or retailer on or before July 1, 2014 are exempted from the 10 year battery requirement until July 1, 2015.

Beginning January 1, 2015, in order to be listed by OSFM, all smoke alarms shall display: (a) the date of manufacture on the device, (b) provide a place on the device where the date of installation can be written, (c) and incorporate a hush feature.

The following devices are exempted from all of the above requirements: (a) Smoke detectors intended to be used with a fire alarm or household fire alarm control unit. (b) Smoke alarms that send a supervision and battery depletion signal to a fire alarm or household fire alarm control unit via a low-power radio frequency wireless communication signal. (c) Smoke alarms that use low-power radio frequency wireless communication signal for interconnection.

Existing smoke alarm listings which do not meet the above requirements will be deactivated and will no longer be approved for sale in California. For current smoke alarm listings, please visit our website.

How does this affect Consumers/End Users? 1/3

Existing installed operable/in working condition smoke alarms are NOT required to be replaced.

For all dwelling units intended for human occupancy for which a building permit is issued on or after January 1, 2014, for alterations, repairs, or additions exceeding one thousand dollars ($1,000), the permit issuer shall not sign off on the completion of work until the permittee demonstrates that all smoke alarms required for the dwelling unit are devices approved and listed by OSFM.

By January 1, 2016, owners of a dwelling unit intended for human occupancy in which one or more units is rented or leased shall install additional smoke alarms, as needed, to ensure that smoke alarms are located in compliance with current building standards. Existing alarms installed need not be replaced unless the alarm is inoperable.

Who can I contact with questions?

For questions regarding this new law, please contact Supervising Deputy State Fire Marshal James Parsegian at (916) 445-8415 or james.parsegian@fire.ca.gov