HB 483

1
A bill to be entitled
2An act relating to smoke detectors and carbon monoxide
3detectors; providing legislative intent; providing
4definitions; specifying approved types of smoke detectors
5and carbon monoxide detectors; providing requirements for
6the installation and testing of such detectors; requiring
7existing and newly constructed residential dwellings and
8dwelling units to be installed with smoke detectors and
9carbon monoxide detectors; providing penalties for
10noncompliance; requiring the Department of Business and
11Professional Regulation to develop rules; providing
12severability; providing an effective date.
13
14     WHEREAS, the general purpose and intent of this act is to
15provide proper protection regulations in the best interest of
16the health, safety, and welfare of the citizens of this state,
17and
18     WHEREAS, the specific intent and purpose of this act is to
19create safety regulations requiring carbon monoxide detectors
20and smoke detectors after the occurrence of several incidents
21where people have died as a result of carbon monoxide poisoning
22under circumstances that were preventable, and
23     WHEREAS, this act is named in memory of Janelle Bertot, a
24talented and community-oriented 19-year-old college student and
25daughter of a former Hialeah police officer, who died on
26November 14, 2004, from carbon monoxide poisoning as a result of
27carbon monoxide that leaked from a friend's motor vehicle, and
28     WHEREAS, through the efforts of Janelle's parents and other
29dedicated volunteers, Janelle's Wishing Well, a charitable
30foundation, has been established to provide scholarships to
31young people interested in health care and to raise public
32awareness and create community outreach programs on the dangers
33of carbon monoxide poisoning, and
34     WHEREAS, the Legislature recognizes and supports the
35education and prevention efforts of Janelle's Wishing Well to
36advise young people of the lethal danger of carbon monoxide
37poisoning, NOW, THEREFORE,
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  (1)  SHORT TITLE.--This section may be cited as
42"Janelle's Law."
43     (2)  PURPOSE.--It is the legislative intent in the adoption
44of this section to protect the health and welfare of the
45citizens by requiring the installation of smoke detectors and
46carbon monoxide detectors in all residential dwellings and
47dwelling units.
48     (3)  DEFINITIONS.--The following words and phrases shall
49have the meanings ascribed to them in this section, except where
50the context clearly indicates a different meaning:
51     (a)  "Carbon monoxide detector" means a device capable of
52sensing carbon monoxide, a colorless, odorless gas that is
53produced as a result of incomplete burning of carbon-containing
54fuels, which is approved or listed by a recognized independent
55laboratory and, when activated, provides an alarm to warn all
56occupants of the presence of carbon monoxide within a
57residential dwelling or dwelling unit.
58     (b)  "Smoke detector" means a device that includes hush and
59reset buttons and is capable of sensing visible or invisible
60products of combustion and that is approved or listed by a
61recognized independent testing laboratory and, when activated,
62provides an alarm to warn all occupants of the presence of such
63products within a residential dwelling or dwelling unit.
64     (4)  APPROVED TYPES OF SMOKE DETECTORS AND CARBON MONOXIDE
65DETECTORS; INSTALLATION AND TESTING.--
66     (a)  Only smoke detectors and carbon monoxide detectors
67that are wired directly or hard-wired to the building's electric
68supply and not controlled by any switch other than the main
69electric power supply and equipped with a battery backup shall
70be considered approved types of smoke detectors and carbon
71monoxide detectors. The smoke detectors and carbon monoxide
72detectors shall emit a signal when the batteries are low. Wiring
73shall be permanent and without a disconnecting switch other than
74as required for over-current protection.
75     (b)  Where more than one smoke detector is required to be
76installed, the smoke detectors shall be interconnected in such a
77manner that the activation of one smoke detector will activate
78all of the smoke detectors. Where more than one carbon monoxide
79detector is required to be installed, the carbon monoxide
80detectors shall be interconnected in such a manner that the
81activation of one carbon monoxide detector will activate all of
82the carbon monoxide detectors.
83     (c)  The detectors shall be clearly audible in all bedrooms
84over background noise levels with all intervening doors closed.
85When the installation of the detecting devices is complete, each
86detector and interconnecting wiring for multiple-station alarm
87devices shall be tested according to the household warning
88equipment provisions of the National Fire Protection Association
89Standard 72, Current Edition.
90     (5)  REQUIREMENTS FOR EXISTING AND NEWLY CONSTRUCTED
91RESIDENTIAL DWELLINGS AND DWELLING UNITS.--
92     (a)  For existing residential dwellings and dwelling units
93that have auxiliary power units or generators, only smoke
94detectors and carbon monoxide detectors that are wired directly
95or hard-wired to the building's electric supply and not
96controlled by any switch other than the main electric power
97supply and equipped with a battery backup shall be considered
98approved types of smoke detectors and carbon monoxide detectors.
99The smoke detectors and carbon monoxide detectors shall emit a
100signal when the batteries are low.
101     (b)  For all new residential construction, all residential
102dwelling units contained within each residential dwelling shall
103be installed with a minimum of one smoke detector for each
104living area and bedroom or sleeping quarter and one additional
105smoke detector for each floor or story, including basements, but
106not including crawl spaces and uninhabitable attics.
107     (c)  All new construction of residential dwellings and
108dwelling units described in this section shall comply with the
109requirements of this section beginning July 1, 2007.
110     (d)  All existing residential dwellings and dwelling units
111described in this section shall comply with the requirements of
112this section before July 1, 2009.
113     (6)  PENALTIES.--Failure to comply with the provisions of
114this section may be punishable by a penalty not to exceed $500.
115Each violation and each day upon which any such violation occurs
116shall constitute a separate offense.
117     (7)  RULES.--The Department of Business and Professional
118Regulation shall develop rules pursuant to ss. 120.536(1) and
119120.54, Florida Statutes, for the implementation of this
120section.
121     (8)  SEVERABILITY.--If any provision of this section or its
122application to any person or circumstance is held invalid, the
123invalidity does not affect other provisions or applications of
124the section which can be given effect without the invalid
125provision or application, and to this end the provisions of this
126section are severable.
127     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.