Senate Bill sb1822c2

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    Florida Senate - 2007                    CS for CS for SB 1822

    By the Committees on Community Affairs; Banking and Insurance;
    and Senators Garcia and Deutch




    578-2669-07

  1                      A bill to be entitled

  2         An act relating to carbon monoxide detectors;

  3         amending s. 509.211, F.S.; requiring that

  4         certain public lodging establishments be

  5         equipped with carbon monoxide sensor devices;

  6         creating s. 553.885, F.S.; providing a short

  7         title; requiring buildings constructed on or

  8         after a specified date which have a

  9         fossil-fuel-burning appliance, fireplace, or

10         attached garage to have carbon monoxide alarms

11         installed; requiring the Florida Building

12         Commission to adopt rules; providing

13         definitions; providing an effective date.

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

16  to provide proper protection regulations in the best interest

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

18  state, and

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

20  to create safety regulations requiring carbon monoxide

21  detectors after the occurrence of several incidents where

22  people have died as a result of carbon monoxide poisoning

23  under circumstances that were preventable, and

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

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

26  and daughter of a former Hialeah police officer, and Anthony

27  Perez, a 25-year-old senior at Florida International

28  University and the president of Pi Kappa Phi fraternity, who

29  died on November 14, 2004, from carbon monoxide poisoning as a

30  result of carbon monoxide that leaked from their motor

31  vehicle, and

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    Florida Senate - 2007                    CS for CS for SB 1822
    578-2669-07




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

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

 3  charitable foundation, has been established to provide

 4  scholarships to young people interested in health care and to

 5  raise public awareness and create community outreach programs

 6  on the dangers of carbon monoxide poisoning, and

 7         WHEREAS, the Legislature recognizes and supports the

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

 9  advise young people of the lethal danger of carbon monoxide

10  poisoning, NOW, THEREFORE,

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

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14         Section 1.  Subsection (5) is added to section 509.211,

15  Florida Statutes, to read:

16         509.211  Safety regulations.--

17         (5)  Every enclosed space or room containing a boiler

18  that is regulated under chapter 554 and that is fired by the

19  direct application of energy from the combustion of fuels and

20  located in any portion of a public lodging establishment that

21  also contains sleeping rooms must be equipped with one or more

22  carbon monoxide sensor devices that bear the label of a

23  nationally recognized testing laboratory and have been tested

24  and listed as complying with the most recent Underwriters

25  Laboratories, Inc., Standard 2034, or its equivalent, unless

26  the division has determined that carbon monoxide hazards have

27  otherwise been adequately mitigated. Such devices shall be

28  integrated with the public lodging establishment's

29  fire-detection system. Any such installation or determination

30  shall be made in accordance with rules adopted by the

31  division.

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    Florida Senate - 2007                    CS for CS for SB 1822
    578-2669-07




 1         Section 2.  Section 553.885, Florida Statutes, is

 2  created to read:

 3         553.885  Carbon monoxide alarm required.--

 4         (1)  This section may be cited as "Janelle's Law."

 5         (2)  Every building for which a building permit is

 6  issued for new construction on or after July 1, 2008, and

 7  having a fossil-fuel-burning heater or appliance, a fireplace,

 8  or an attached garage must have an approved operational carbon

 9  monoxide alarm installed within 10 feet of each room used for

10  sleeping purposes.

11         (3)  The Florida Building Commission shall adopt rules

12  to administer this section and shall incorporate such

13  requirements into its next revision of the Florida Building

14  Code.

15         (4)  As used in this section, the term:

16         (a)  "Carbon monoxide alarm" means a device that is

17  meant for the purpose of detecting carbon monoxide, that

18  produces a distinct audible alarm, and that meets the

19  requirements of and is approved by the Florida Building

20  Commission.

21         (b)  "Fossil fuel" means coal, kerosene, oil, fuel

22  gases, or other petroleum or hydrocarbon product that emits

23  carbon monoxide as a by-product of combustion.

24         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                    CS for CS for SB 1822
    578-2669-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1822

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 4  The committee substitute for committee substitute clarifies
    that public lodging establishments must equip any portion of
 5  the establishment that has an enclosed space or room
    containing a certain type of boiler regulated under ch. 554,
 6  F.S., and which also contains sleeping rooms, with carbon
    monoxide sensor devices. It also clarifies that these sensor
 7  devices are not required if the carbon monoxide hazard has
    been otherwise adequately mitigated.
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