Senate Bill sb1822
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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.
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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
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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,
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14 Be It Enacted by the Legislature of the State of Florida:
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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,
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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
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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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