| 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. |