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AB-2597 Dwelling unit standards: safe indoor air temperatures.(2021-2022)



Current Version: 06/14/22 - Amended Senate

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AB2597:v96#DOCUMENT

Amended  IN  Senate  June 14, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  May 02, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2597

Introduced by Assembly Member Bloom
(Principal coauthor: Assembly Member Eduardo Garcia)
(Coauthor: Assembly Member Robert Rivas)
(Coauthors: Senators Durazo, Hertzberg, and Stern)

February 18, 2022

An act to amend Section 1941.1 of the Civil Code, and to amend Section 17920.3 of, and to add Section 18941.11 to to, the Health and Safety Code, relating to air temperatures. dwellings.


LEGISLATIVE COUNSEL'S DIGEST


AB 2597, as amended, Bloom. Safe Dwelling unit standards: safe indoor air temperatures.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to codify and publish all building standards of adopting agencies or state agencies that propose the building standards and statutes defining building standards into one California Building Standards Code, and further requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years.
This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2023, to adopt, approve, codify, and publish mandatory building standards for safe maximum indoor ambient air temperature in newly constructed dwelling units. The bill would require the Department of Housing and Community Development to develop and propose mandatory building standards for this purpose safe maximum indoor air temperature in existing dwelling units and would require the department and the commission to consult with stakeholders, as specified, in developing those standards. The bill would also state the intent of the Legislature regarding those standards.
Existing law requires that any building with a dwelling unit maintain certain characteristics in order to be tenantable, including the maintenance of adequate heating that conforms to the standard of quality set by applicable law.
Beginning one year after the California Building Standards Code includes the standards for safe maximum indoor air temperature in dwelling units described above, this bill would require that any building with a dwelling unit also maintain adequate cooling, as specified.
The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as lack of heating, is substandard. The law provides that a violation of these provisions is a misdemeanor.
Beginning one year after the California Building Standards Code includes the standards for safe maximum indoor air temperature in dwelling units described above, this bill would add that lack of cooling, as specified is a substandard condition. By expanding the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1941.1 of the Civil Code is amended to read:

1941.1.
 (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her their control.
(8) Floors, stairways, and railings maintained in good repair.
(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.
(10) Beginning one year after the California Building Standards Code includes mandatory building standards for safe indoor ambient air temperature in dwelling units in compliance with Section 18941.11 of the Health and Safety Code, cooling facilities or other means to maintain a safe maximum indoor air temperature that conformed with applicable law at the time of installation, maintained in good working order.
(b) Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.

SEC. 2.

 Section 17920.3 of the Health and Safety Code is amended to read:

17920.3.
 Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating equipment.
(8) Lack of minimum amounts of natural light and ventilation required by this code.
(9) Room and space dimensions less than required by this code.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14) General dilapidation or improper maintenance.
(15) Lack of connection to required sewage disposal system.
(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(17) Beginning one year after the California Building Standards Code includes mandatory building standards for safe indoor ambient air temperature in dwelling units in compliance with Section 18941.11 of the Health and Safety Code, cooling facilities or other means to maintain a safe maximum indoor air temperature that conformed with applicable law at the time of installation, maintained in good working order.
(b) Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g) Faulty weather protection, which shall include, but not be limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his their deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o) Inadequate structural resistance to horizontal forces.
“Substandard building” includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.

SECTION 1.SEC. 3.

 Section 18941.11 is added to the Health and Safety Code, to read:

18941.11.
 (a) The commission shall, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2023, adopt, approve, codify, and publish mandatory building standards for safe maximum indoor ambient air temperature in air temperature in newly constructed dwelling units.
(b) The Department of Housing and Community Development shall develop, propose, and submit to the commission for consideration, mandatory building standards for the purpose of subdivision (a). safe maximum indoor air temperature in existing dwelling units.
(c) In developing the standards pursuant to this section, the Department of Housing and Community Development and the commission shall consult with stakeholders, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Office of Planning and Research, local building officials, local code enforcement officers, the Office of the State Fire Marshal, and the State Department of Public Health. Health, and community-based organizations, including those working in the areas of housing and health, tenant rights, and environmental justice.
(d) Notwithstanding any other law, one year following publication as required by this section, the mandatory building standards for safe maximum indoor air temperature in dwelling units shall apply to both newly constructed and existing dwelling units.

SEC. 2.SEC. 4.

 It is the intent of the Legislature to create statewide standards for adequate residential cooling safe maximum indoor air temperature that allow for a number of different approaches for achieving the goal of creating safe indoor air temperatures, dwelling units that currently lack the ability to maintain that temperature to achieve compliance, including, but not limited to, improved insulation, air sealing, increased shade, cool roofs, fans, heat pumps, and, where necessary, air conditioning. It is the intent of the Legislature that the standards prioritize approaches that support the state’s clean energy, air quality, and greenhouse gas reduction goals where these approaches can feasibly achieve the goal of a safe indoor air temperature.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.