On and after January 1, 1986, every single-family dwelling and factory-built housing, as defined in Section 19971, which is sold shall have an operable smoke detector. The detector shall be approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal’s regulations. Unless prohibited by local rules, regulations, or ordinances, a battery-operated smoke detector shall be deemed to satisfy the requirements of this section. ) On and after January 1, 1986, the transferor of any real property containing a single-family dwelling, as described in subdivision (a), whether the transfer is made by sale, exchange, or real property sales contract, as defined in Section 2985 of the Civil Code, shall deliver to the transferee a written statement indicating that the transferor is in compliance with this section.
The disclosure statement shall be either included in the receipt for deposit in a real estate transaction, an addendum attached thereto, or a separate document. (c) The transferor shall deliver the statement referred to in subdivision (b) as soon as practicable before the transfer of title in the case of a sale or exchange, or prior to execution of the contract where the transfer is by a real property sales contract, as defined in Section 2985.
For purposes of this subdivision, “delivery” means delivery in person or by mail to the transferee or transferor, or to any person authorized to act for him or her in the transaction, or to additional transferees who have requested delivery from the transferor in writing. Delivery to the spouse of a transferee or transferor shall be deemed delivery to a transferee or transferor, unless the contract states otherwise. ) This section does not apply to any of the following: (1) Transfers which are required to be preceded by the furnishing to a prospective transferee of a copy of a public report pursuant to Section 11018. 1 of the Business and Professions Code. (2)
Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance. ) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary of a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale. ) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservator ship, or trust. (5) Transfers from one co-owner to one or more co-owners. (6)
Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (7) Transfers between spouses resulting from a decree of dissolution of a marriage, from a decree of legal separation, or from a property settlement agreement incidental to either of those decrees. ) Transfers by the Controller in the course of administering the Unclaimed Property Law provided for in Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (9) Transfers under the provisions of Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. ) No liability shall arise, nor any action be brought or maintained against, any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy, or omission relating to the disclosure required to be made by a transferor pursuant to this section. However, this subdivision does not apply to a licensee, as defined in Section 10011 of the Business and Professions Code, where the licensee participates in the making of the disclosure required to be made pursuant to this section with actual knowledge of the falsity of the disclosure. )
Except as otherwise provided in this section, this section shall not be deemed to create or imply a duty upon a licensee, as defined in Section 10011 of the Business and Professions Code, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, to monitor or ensure compliance with this section. ) No transfer of title shall be invalidated on the basis of a failure to comply with this section, and the exclusive remedy for the failure to comply with this section is an award of actual damages not to exceed one hundred dollars ($100), exclusive of any court costs and attorney’s fees. (h) Local ordinances requiring smoke detectors in single-family dwellings may be enacted or amended.
However, the ordinances shall satisfy the minimum requirements of this section. ) For the purposes of this section, “single-family dwelling” does not include a manufactured home as defined in Section 18007, a mobile home as defined in Section 18008, or a commercial coach as defined in Section 18001. 8. (j) This section shall not apply to the installation of smoke detectors in dwellings intended for human occupancy, as defined in and regulated by Section 13113. 7 of the Health and Safety Code, as added by Senate Bill No. 1448 in the 1983-84 Regular Session.
This section summarized means that all single-family residential occupancies must have smoke detectors. CALIFORNIA CODES HEALTH AND SAFETY CODE 25501. Unless the context indicates otherwise, the following definitions govern the construction of this chapter: (a) “Administering agency” means the local agency authorized, pursuant to Section 25502, to implement and enforce this chapter. (b) “Agricultural handler” means an entity identified in paragraph (5) of subdivision (c) of Section 25503. 5. ) “Area plan” means a plan established pursuant to Section 25503 by an administering agency for emergency response to a release or threatened release of a hazardous material within a city or county. (d) “Business” means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For purposes of this chapter, “business” includes a business organized for profit and a nonprofit business. (e) “Business plan” means a separate plan for each facility, site, or branch of a business which meets the requirements of Section 25504. )
“Certification statement” means a statement signed by the business owner, operator, or officially designated representative that attests to all of the following: (1) The information contained in the annual inventory form most recently submitted to the administering agency is complete, accurate, and up to date. (2) There has been no change in the quantity of any hazardous material as reported in the most recently submitted annual inventory form. (3)
No hazardous materials subject to the inventory requirements of this chapter are being handled that are not listed on the most recently submitted annual inventory form. ) The most recently submitted annual inventory form contains the information required by Section 11022 of Title 42 of the United States Code. (g) (1) “Certified Unified Program Agency” or “CUPA” means the agency certified by the secretary to implement the unified program specified in Chapter 6. 11 (commencing with Section 25404) within a jurisdiction. (2) “Participating Agency” or “PA” means an agency which has a written agreement with the CUPA pursuant to subdivision (d) of Section 25404. and is approved by the secretary, to implement or enforce one or more of the unified program elements specified in paragraphs (4) and (5) of subdivision (c) of Section 25404, in accordance with the provisions of Sections 25404. 1 and 25404. 2. (3) “Unified Program Agency” or “UPA” means the CUPA, or its participating agencies to the extent each PA has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in paragraphs (4) and (5) of subdivision (c) of Section 25404.
For purposes of this chapter, the UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404. 1 and 25404. 2, to implement and enforce only those requirements of this chapter listed in paragraphs (4) and (5) subdivision of (c) of Section 25404. The UPAs also have the responsibility and authority, to the extent provided by this chapter and Sections 25404. 1 and 25404. 2, to implement and enforce the regulations adopted to implement the requirements of this chapter listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
After a CUPA has been certified by the secretary, the unified program agencies shall be the only local agencies authorized to enforce the requirements of this chapter listed in paragraphs (4) and (5) of subdivision (c) of Section 25404 within the jurisdiction of the CUPA. (h) “City” includes any city and county. (i) “Chemical name” means the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. )
“Common name” means any designation or identification, such as a code name, code number, trade name, or brand name, used to identify a substance other than by its chemical name. (k) “Department” means the Department of Toxic Substances Control and “director” means the Director of Toxic Substances Control. (l) “Emergency rescue personnel” means any public employee, including, but not limited to, any fireman, firefighter, or emergency rescue personnel, as defined in Section 245. f the Penal Code, or personnel of a local EMS agency, as designated pursuant to Section 1797. 200, or a poison control center, as defined by Section 1797. 97, who responds to any condition caused, in whole or in part, by a hazardous material that jeopardizes, or could jeopardize, public health or safety or the environment. (m) “Handle” means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion. (n)
“Handler” means any business which handles a hazardous material. ) “Hazardous material” means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous materials” include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. ) “Hazardous substance” means any substance or chemical product for which one of the following applies: (1)
The manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2. 5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. (2) The substance is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission. )
The substances listed pursuant to Title 49 of the Code of Federal Regulations. (4) The materials listed in subdivision (b) of Section 6382 of the Labor Code. (q) “Hazardous waste” means hazardous waste, as defined by Sections 25115, 25117, and 25316. (r) “Office” means the Office of Emergency Services. (s) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. ) “Secretary” means the Secretary for Environmental Protection. (u) “SIC Code” means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses. (v)
“Threatened release” means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment. (w) “Trade secret” means trade secrets as defined in subdivision (d) of Section 6254. f the Government Code and Section 1060 of the Evidence Code. (x) “Unified Program Facility” means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the requirements of paragraphs (4) and (5) of subdivision (c) of Section 25404. The purpose of this formation of the “Unified Program Agency” or “UPA” means the CUPA local is to pursuant to a written agreement, to implement or enforce a particular unified program. CALIFORNIA CODES HEALTH AND SAFETY CODE 13140.
There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services which shall consist of 18 members. The State Board of Fire Services succeeds to all of the powers, duties, and responsibilities of the State Fire Advisory Board, which is hereby abolished. Whenever the term “State Fire Advisory Board” appears in any other law, it means the State Board of Fire Services. The State Board of Fire Services is a board that consist of 18 member that succeeds to all of the powers, duties, and responsibilities of the State Fire Advisory Board.
