BILL NUMBER: AB 1411 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 27, 2015
An act to add and repeal Section 13113.95 to
of the Health and Safety Code, relating to fire
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1411, as amended, Eduardo Garcia. Fire protection: type 1
clothes dryers.
Existing law establishes the Office of the State Fire Marshal in
the Department of Forestry and Fire Protection and requires the
office to foster, promote, and develop ways and means of protecting
life and property against fire and panic. Existing law requires the
State Fire Marshal to adopt regulations and standards necessary to
control the quality and installation of fire alarm systems and
devices marketed, distributed, offered for sale, or sold in this
state. Existing law prohibits a person from marketing,
distributing, offering for sale, or selling any fire alarm system or
device in this state unless the system or device has been approved or
listed by the State Fire Marshal. Existing law makes a violation of
the above provision, and others relating to fire protection, a crime.
This bill would require, on or before July 1, 2017
December 31, 2016 , the State Fire
Marshal, with the advice of the State Board of Fire Services, to
adopt regulations and standards requiring a visual and audible
warning device on a type 1 clothes dryer, as defined, that indicates
a hazardous lint buildup. The bill would prohibit, after January 1,
2018, a type 1 clothes dryer from being marketed, distributed,
offered for sale, or sold in this state by a retailer unless the
dryer incorporates a visual and audible warning device that indicates
a hazardous lint buildup. By creating a new crime, the bill would
impose a state-mandated local program. Marshal to work
with fire service entities, the appliance industry, disability
advocates, and related stakeholders to accomplish certain things,
including gathering information, and providing fundings and
recommendations to the Legislature, regarding fires related to type 1
clothes dryers, as defined, and the dangers of excessive lint.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Fire safety experts identify excess dryer lint as one of the
leading causes of residential fires in California each year.
(b) A 2011 report released by the United States Consumer Product
Safety Commission identified fires originating in dryers as nearly 5
percent of all residential fires occurring annually in the country.
Experts widely agree that this number is grossly underestimated,
however, because nearly one-half of all fires that originate in
dryers are identified as "electrical fires" rather than being
reported as fires that began in dryers. It is more likely that 10
percent of all national home fires begin in washers and dryers.
(c) The National Fire Prevention Association (NFPA) reported that
in 2006-2010, there were 16,950 home structure fires per year
reported to fire departments throughout the country where clothes
dryers or washing machines were the equipment involved in ignition,
with associated annual losses of 34 civilian deaths, 430 civilian
injuries, and $209 million in direct property damage. Dryers alone
accounted for 92 percent of these fires and 87 percent of the
reported deaths. The leading factor contributing to ignition was
failure to clean out the lint buildup.
(d) Statistics are not available about the number of home fires in
California, specifically, so it is not possible to calculate what
percentage of California home fires are caused by lint buildup in
dryers. If we consider that 12 percent of the nation's population are
Californians, however, we can imagine the magnitude of California
home fires that likely are caused by lint buildup in clothes dryers.
These fires are entirely preventable.
(e) Lint is a fire hazard. The UL standard, UL2158, specifies in
Section 7.1.2. relating to appliance marking, that an appliance shall
be permanently marked as follows:
(1) At or near the exhaust opening of the appliance with the word
"CAUTION" and the following statement or the equivalent:
"Risk of Fire. A clothes dryer produces combustible lint. The
dryer must be connected to an exhaust to the outdoors. See
Installation Instructions."
(2) On a surface readily visible to the user after installation of
the appliance with the word "CAUTION" and the following statement or
the equivalent:
"Risk of Fire. A clothes dryer produces combustible lint."
(f) Lint is a highly combustible material. When it accumulates in
excess in a dryer's filter, heat from the dryer can cause it to
ignite, starting a fire that quickly spreads throughout the house.
Keeping the machine clean, and having it regularly serviced, can help
prevent a dryer fire, but it is hard to tell when a dangerous amount
of lint has built up.
(g) Technology exists today that monitors the buildup of highly
combustible lint inside the dryer, and alerts consumers when
accumulation reaches dangerous levels and the dryer interior requires
servicing. Unfortunately, no regulations or standards currently
exist regarding clothes dryers and the notification of the user when
dangerous and excessive lint has built up in a clothes dryer.
(h) Once standards for excessive lint notification systems in
clothes dryers are established by the entities that establish the
standards, it is the intent of Legislature to seek legislation to
adopt the standard and make it a requirement that all dryers sold in
California conform to those standards.
SEC. 2. Section 13113.95 is added to the
Health and Safety Code , to read:
13113.95. (a) On or before December 31, 2016, the State Fire
Marshal shall work with fire service entities, the appliance
industry, disability advocates, and related stakeholders to
accomplish all of the following:
(1) Gather information regarding type 1 clothes dryer-related
fires and the dangers of excessive lint.
(2) Provide findings and recommendations to the Legislature,
pursuant to Section 9795 of the Government Code, regarding the
information gathered pursuant to paragraph (1).
(3) Encourage all appropriate clothes dryer fire prevention
standard setting entities to establish a standard regarding the
detection of excessive lint and notification of the excessive lint to
the consumer.
(b) For purposes of this section, "type 1 clothes dryer" means an
appliance used in a residential living environment, including one
that is coin-operated for public use in a residential living
environment. "Type 1 clothes dryer" does not include dryers used for
commercial purposes.
(c) This repeal section shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SECTION 1. Section 13113.95 is added to the
Health and Safety Code, to read:
13113.95. (a) On or before July 1, 2017, the State Fire Marshal,
with the advice of the State Board of Fire Services, shall adopt
regulations and standards requiring a visual and audible warning
device on a type 1 clothes dryer that indicates a hazardous lint
buildup.
(b) After January 1, 2018, a type 1 clothes dryer shall not be
marketed, distributed, offered for sale, or sold in this state by a
retailer unless the dryer incorporates a visual and audible warning
device that indicates a hazardous lint buildup pursuant to
regulations adopted pursuant to subdivision (a).
(c) For purposes of this section, "type 1 clothes dryer" means an
appliance used in a residential living environment, including one
that is coin-operated for public use in a residential living
environment. "Type 1 clothes dryer" does not include dryers used for
commercial purposes.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.