1 | A bill to be entitled |
2 | An act relating to smoke detectors and carbon monoxide |
3 | detectors; providing legislative intent; providing |
4 | definitions; specifying approved types of smoke detectors |
5 | and carbon monoxide detectors; providing requirements for |
6 | the installation and testing of such detectors; requiring |
7 | existing and newly constructed residential dwellings and |
8 | dwelling units to be installed with smoke detectors and |
9 | carbon monoxide detectors; providing penalties for |
10 | noncompliance; requiring the Department of Business and |
11 | Professional Regulation to develop rules; providing |
12 | severability; providing an effective date. |
13 |
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14 | WHEREAS, the general purpose and intent of this act is to |
15 | provide proper protection regulations in the best interest of |
16 | the health, safety, and welfare of the citizens of this state, |
17 | and |
18 | WHEREAS, the specific intent and purpose of this act is to |
19 | create safety regulations requiring carbon monoxide detectors |
20 | and smoke detectors after the occurrence of several incidents |
21 | where people have died as a result of carbon monoxide poisoning |
22 | under circumstances that were preventable, and |
23 | WHEREAS, this act is named in memory of Janelle Bertot, a |
24 | talented and community-oriented 19-year-old college student and |
25 | daughter of a former Hialeah police officer, who died on |
26 | November 14, 2004, from carbon monoxide poisoning as a result of |
27 | carbon monoxide that leaked from a friend's motor vehicle, and |
28 | WHEREAS, through the efforts of Janelle's parents and other |
29 | dedicated volunteers, Janelle's Wishing Well, a charitable |
30 | foundation, has been established to provide scholarships to |
31 | young people interested in health care and to raise public |
32 | awareness and create community outreach programs on the dangers |
33 | of carbon monoxide poisoning, and |
34 | WHEREAS, the Legislature recognizes and supports the |
35 | education and prevention efforts of Janelle's Wishing Well to |
36 | advise young people of the lethal danger of carbon monoxide |
37 | poisoning, NOW, THEREFORE, |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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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 |
44 | of this section to protect the health and welfare of the |
45 | citizens by requiring the installation of smoke detectors and |
46 | carbon monoxide detectors in all residential dwellings and |
47 | dwelling units. |
48 | (3) DEFINITIONS.--The following words and phrases shall |
49 | have the meanings ascribed to them in this section, except where |
50 | the context clearly indicates a different meaning: |
51 | (a) "Carbon monoxide detector" means a device capable of |
52 | sensing carbon monoxide, a colorless, odorless gas that is |
53 | produced as a result of incomplete burning of carbon-containing |
54 | fuels, which is approved or listed by a recognized independent |
55 | laboratory and, when activated, provides an alarm to warn all |
56 | occupants of the presence of carbon monoxide within a |
57 | residential dwelling or dwelling unit. |
58 | (b) "Smoke detector" means a device that includes hush and |
59 | reset buttons and is capable of sensing visible or invisible |
60 | products of combustion and that is approved or listed by a |
61 | recognized independent testing laboratory and, when activated, |
62 | provides an alarm to warn all occupants of the presence of such |
63 | products within a residential dwelling or dwelling unit. |
64 | (4) APPROVED TYPES OF SMOKE DETECTORS AND CARBON MONOXIDE |
65 | DETECTORS; INSTALLATION AND TESTING.-- |
66 | (a) Only smoke detectors and carbon monoxide detectors |
67 | that are wired directly or hard-wired to the building's electric |
68 | supply and not controlled by any switch other than the main |
69 | electric power supply and equipped with a battery backup shall |
70 | be considered approved types of smoke detectors and carbon |
71 | monoxide detectors. The smoke detectors and carbon monoxide |
72 | detectors shall emit a signal when the batteries are low. Wiring |
73 | shall be permanent and without a disconnecting switch other than |
74 | as required for over-current protection. |
75 | (b) Where more than one smoke detector is required to be |
76 | installed, the smoke detectors shall be interconnected in such a |
77 | manner that the activation of one smoke detector will activate |
78 | all of the smoke detectors. Where more than one carbon monoxide |
79 | detector is required to be installed, the carbon monoxide |
80 | detectors shall be interconnected in such a manner that the |
81 | activation of one carbon monoxide detector will activate all of |
82 | the carbon monoxide detectors. |
83 | (c) The detectors shall be clearly audible in all bedrooms |
84 | over background noise levels with all intervening doors closed. |
85 | When the installation of the detecting devices is complete, each |
86 | detector and interconnecting wiring for multiple-station alarm |
87 | devices shall be tested according to the household warning |
88 | equipment provisions of the National Fire Protection Association |
89 | Standard 72, Current Edition. |
90 | (5) REQUIREMENTS FOR EXISTING AND NEWLY CONSTRUCTED |
91 | RESIDENTIAL DWELLINGS AND DWELLING UNITS.-- |
92 | (a) For existing residential dwellings and dwelling units |
93 | that have auxiliary power units or generators, only smoke |
94 | detectors and carbon monoxide detectors that are wired directly |
95 | or hard-wired to the building's electric supply and not |
96 | controlled by any switch other than the main electric power |
97 | supply and equipped with a battery backup shall be considered |
98 | approved types of smoke detectors and carbon monoxide detectors. |
99 | The smoke detectors and carbon monoxide detectors shall emit a |
100 | signal when the batteries are low. |
101 | (b) For all new residential construction, all residential |
102 | dwelling units contained within each residential dwelling shall |
103 | be installed with a minimum of one smoke detector for each |
104 | living area and bedroom or sleeping quarter and one additional |
105 | smoke detector for each floor or story, including basements, but |
106 | not including crawl spaces and uninhabitable attics. |
107 | (c) All new construction of residential dwellings and |
108 | dwelling units described in this section shall comply with the |
109 | requirements of this section beginning July 1, 2007. |
110 | (d) All existing residential dwellings and dwelling units |
111 | described in this section shall comply with the requirements of |
112 | this section before July 1, 2009. |
113 | (6) PENALTIES.--Failure to comply with the provisions of |
114 | this section may be punishable by a penalty not to exceed $500. |
115 | Each violation and each day upon which any such violation occurs |
116 | shall constitute a separate offense. |
117 | (7) RULES.--The Department of Business and Professional |
118 | Regulation shall develop rules pursuant to ss. 120.536(1) and |
119 | 120.54, Florida Statutes, for the implementation of this |
120 | section. |
121 | (8) SEVERABILITY.--If any provision of this section or its |
122 | application to any person or circumstance is held invalid, the |
123 | invalidity does not affect other provisions or applications of |
124 | the section which can be given effect without the invalid |
125 | provision or application, and to this end the provisions of this |
126 | section are severable. |
127 | Section 2. This act shall take effect July 1, 2007. |