Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.

This bill would make findings that this bill addresses a matter of statewide concern and would declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.

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.

Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.

This bill would make findings that this bill addresses a matter of statewide concern and would declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.

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.

Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.

This bill would make findings that this bill addresses a matter of statewide concern and would declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.

Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, county, including a charter city, county, including a charter county, or city and county county, including a charter city and county, that approves a building permit for the construction of an electrified security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, county, or city and county that approves a building permit for the construction of an electrified fence security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.

This bill would require a city, county, or city and county that approves a building permit for the construction of an electrified fence to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 549

Author:(Quirk)

As Amended Ver:June 13, 2017

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Requires counties and cities, including charter counties and charter cities, to notify their respective fire agencies when they approve a permit for an electrified security fence.

The Senate amendments:

1. Apply the provision of the bill to charter cities, charter counties, and charter cities and counties.
2. Add findings and declarations that this bill addresses a matter of statewide concern, and not a municipal affair.
3. Remove reimbursable state mandate language and add language stating that no reimbursement is required by the bill because local agencies can levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the bill.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill requires counties and cities, including charter counties and charter cities, that approve a building permit for the construction of an electrified security fence to notify their local fire department and fire marshal and provide them with a copy of the approved permit. This bill is sponsored by the author.
2. Author's Statement. According to the author, "Electrified fences are not a new technology. However, the legal use of electrified fences for security purposes is. Under current law, a business must meet certain requirements to install and operate an electrified security fence, (which) must meet certain requirements. These include height, signage and impulse (or shock) restrictions.

"Firefighters recognize that electrified security fences are designed to give a non-lethal electrical shock. However, firefighters, including my local responding firefighters, have expressed concern about how the electrical current will interact with the metal tools they use for forced entry. They fear the shock may disable a firefighter or may severely (injure) a firefighter.

"Although current law has requirements regarding signage along the property with an electrified security fence, there is no requirement that local firefighters or (a) fire marshal be notified when a permit for its construction is approved. Firefighters argue that this could pose a significant safety risk to them when responding to an emergency call."

1. Background. Electrified security fences are designed to serve as a non-lethal security measure for the perimeter of real property. These fences are generally constructed of metal with attached wires that run along the width of the fence, carrying pulses of electric current that provide an unpleasant, yet non-lethal shock to deter potential trespassers. Most electrified security fences are rigged with an alarm system that is set up to signal the property owner or the security company when the fence is being tampered with. These fences are designed to provide a physical and psychological deterrent to potential intruders, and generally have visible warning signs that provide alerts of existing hazards about which the security fence owner or property owner are required to warn others. Currently, most electrified security fences in the United States are used in industrial and commercial zones to protect property located within the perimeter of the fence, such as in an equipment yard or commercial storage facility.

Existing law, which went into effect on January 1, 2016, allows an owner of property in a non-residential area to install and operate an electrified security fence as long as the fence meets specified shock standards, signage requirements and height restrictions. Such a fence must also be located behind a perimeter fence of at least six feet in height and must be used to protect and secure commercial or industrial property. This authority is not allowed where a local ordinance prohibits the installation and operation of electrified security fences. If a local ordinance allows such an installation, it must meet the requirements of the ordinance and the limitations outlined above.

According to news reports, in July of 2013, a Cal Fire firefighter was stunned and knocked down by a powerful shock from an electric fence at a fire in the American River Canyon. The fence had apparently been set to its highest level by a property owner who was using it to keep bears off the property. It is cases like this one that this bill hopes to avoid by requiring counties and cities that approve a building permit for an electrified security fence to notify their local fire department and fire marshal and provide them with a copy of the approved permit.

1. Arguments in Support. The California Professional Firefighters, in support, write, "California's firefighters face unique and uniquely dangerous risks in their mission to keep the public safe. Electrical hazards are among the various hazards that firefighters face in the course of performing their job-related duties. While electric fence voltage may vary, when set to the highest level, the shock has the potential to knock a firefighter to the ground. Such was the case in 2013, when a CalFIRE firefighter was stunned and knocked down by a powerful electric fence shock while responding to a fire in the American River Canyon. Electric fences are no longer only found in rural areas and are becoming increasingly popular in urban settings. The nature of the emergency response profession is unpredictable. The more information a fire department has regarding potential response hazards, such as an electric fence, the better prepared our members will be in navigating those hazards to ensure a safe outcome."
2. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0001086

 THIRD READING  

Bill No: AB 549

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/7/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires cities and counties to notify fire officials when issuing a building permit for an electrified security fence.

ANALYSIS:

Existing law:

1. Allows a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. Allows an owner of real property to install and operate an electrified security fence on his or her property subject to all of the following:
   1. The property is not located in a residential zone;
   2. The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76;”
   3. The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
      1. The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet;
      2. The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards; and,
      3. The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
   4. The height of the fence does not exceed 10 feet and is located behind a perimeter fence that is not less than six feet in height.
3. Prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of 2), above.
4. Defines, for purposes of the above provisions, "electrified security fence" to mean any fence, other than an electrified fence described in the Food and Agricultural Code, as specified, that meets the following requirements:
   1. The fence is powered by an electrical energizer with both of the following output characteristics:
      1. The impulse repetition rate does not exceed 1 hertz (hz); and,
      2. The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.
   2. The fence is used to protect and secure commercial or industrial property.

This bill:

1. Requires a city or county, including a charter city, that approves a building permit for the construction of an electrified security fence to notify the local fire department and fire marshal and provide them with a copy of the approved permit.
2. Defines electrified security fence through a cross reference to Section 835 of the Civil Code.

Background

Electrified fences are used in multiple contexts, including to contain livestock and to provide additional security. One category of electrified fence, an “electrified security fence” is designed to serve as a non-lethal security measure for the perimeter of real property. These fences are generally constructed of metal with attached wires that run along the width of the fence, carrying pulses of electric current that provide an unpleasant, yet non-lethal shock to deter potential trespassers. Most electrified security fences are rigged with an alarm system that is set up to signal the property owner or the security company when the fence is being tampered with. These fences are designed to provide a physical and psychological deterrent to potential intruders, and generally have visible warning signs that provide alerts of existing hazards about which the security fence owner or property owner are required to warn others. Currently, most electrified security fences in the U.S. are used in industrial and commercial zones to protect property located within the perimeter of the fence, such as in an equipment yard or commercial storage facility.

State law has regulated the use and safety standards of electrified fences for use in agricultural contexts since 1976. However, until 2015, it was not clear what uses of electrified fences were allowable outside the agricultural context. In 2015, the Legislature added Section 835 of the Civil Code to clarify that electrified security fences that meet certain technical standards can be installed by property owners in non-residential areas, unless the local government adopts an ordinance prohibiting their installation (SB 582, Hall, Chapter 273, Statutes of 2015). An electrified security fence cannot be taller than 10 feet, must be surrounded by a second fence of not less than six feet, and must be identified by prominently placed warning signs that are:

• Legible from both sides of the fence;
• Placed at each gate and access point, and at intervals along the fence not exceeding 30 feet;
• Located adjacent to any other signs relating to chemical, radiological, or biological hazards; and
• Marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.

According to news reports, in July of 2013, a CalFIRE firefighter was stunned and knocked down by a powerful shock from an electric fence at a fire in the American River Canyon, resulting in a brief hospitalization. The author wants to avoid future such incidents by requiring additional notices when electrified security fences are constructed.

Comments

1. Purpose of the bill. Firefighters and other first responders often have very limited time to assess a situation before taking actions necessary to reach an emergency situation, such as a fire. In such situations, building features can put firefighters at risk of injury if they are caught unawares. Where possible, firefighters mitigate risks from building features by noting them ahead of time so that they can appropriately account for those features in an emergency situation. Electrified security fences can pose a unique challenge because firefighters often use metal tools to cut through fences and other obstacles. Following the passage of SB 582, electrified security fences are proliferating because state law is now clear that these fences may be deployed where allowed by local governments—including in urban areas. AB 549 reduces the risk of accidental shock to firefighters by ensuring that fire officials are notified when a city or county issues a building permit for the installation of an electrified security fence. This modest requirement eliminates a source of unpredictability for firefighters, thereby enhancing public safety.
2. Sure, but will it work? AB 549 imposes a notification requirement on local governments upon permitting these fences that may duplicate the notice that is provided in other ways. State law already requires electrified security fences to be clearly marked with warning signs, which provides first responders and members of the public with advance warning that the fence is electrified. In addition, according to a retailer of electrified security fences, the building permit application for an electrified security fence typically includes a plan check by local fire officials. In such cases, local fire officials would already be aware of the installation of the fence and could communicate that to firefighters on the ground. Will AB 549 improve firefighters’ ability to safely access a property or simply impose a redundant requirement?

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/17)

Alameda County Firefighters IAFF Local 55

California Professional Firefighters

California State Firefighters Association

OPPOSITION: (Verified 6/27/17)

None received

ASSEMBLY FLOOR: 76-0, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by:

6/28/17 15:29:46

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2017 - 2018 Regular

Local government: building permit: electrified security fence: notice

Requires cities and counties to notify fire officials when issuing a building permit for an electrified security fence.

Background

Land Use Regulation. The California Constitution allows a city to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws." It is from this fundamental power (commonly called the police power) that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.

Local governments use their police power to enact zoning ordinances that shape development, including setting maximum densities for housing units, minimum numbers of required parking spaces, and setbacks to preserve privacy. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations.

Electrified Security Fences. Electrified fences are used in multiple contexts, including to contain livestock and to provide additional security. One category of electrified fence, an “electrified security fence” is designed to serve as a non-lethal security measure for the perimeter of real property. These fences are generally constructed of metal with attached wires that run along the width of the fence, carrying pulses of electric current that provide an unpleasant, yet non-lethal shock to deter potential trespassers. Most electrified security fences are rigged with an alarm system that is set up to signal the property owner or the security company when the fence is being tampered with. These fences are designed to provide a physical and psychological deterrent to potential intruders, and generally have visible warning signs that provide alerts of existing hazards about which the security fence owner or property owner are required to warn others. Currently, most electrified security fences in the U.S. are used in industrial and commercial zones to protect property located within the perimeter of the fence, such as in an equipment yard or commercial storage facility.

State law has regulated the use and safety standards of electrified fences for use in agricultural contexts since 1976. However, until 2015, it was not clear what uses of electrified fences were allowable outside the agricultural context. In 2015, the Legislature added Section 835 of the Civil Code to clarify that electrified security fences that meet certain technical standards can be installed by property owners in non-residential areas, unless the local government adopts an ordinance prohibiting their installation (SB 582, Hall, 2015). An electrified security fence cannot be taller than 10 feet, must be surrounded by a second fence of not less than six feet, and must be identified by prominently placed warning signs that are:

• Legible from both sides of the fence;
• Placed at each gate and access point, and at intervals along the fence not exceeding 30 feet;
• Located adjacent to any other signs relating to chemical, radiological, or biological hazards; and
• Marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.

According to news reports, in July of 2013, a Cal Fire firefighter was stunned and knocked down by a powerful shock from an electric fence at a fire in the American River Canyon, resulting in a brief hospitalization. The author wants to avoid future such incidents by requiring additional notices when electrified security fences are constructed.

Proposed Law

Assembly Bill 549 requires a city or county, including a charter city, that approves a building permit for the construction of an electrified security fence to notify the local fire department and fire marshal and provide them with a copy of the approved permit. AB 549 defines electrified security fence through a cross reference to Section 835 of the Civil Code.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Firefighters and other first responders often have very limited time to assess a situation before taking actions necessary to reach an emergency situation, such as a fire. In such situations, building features can put firefighters at risk of injury if they are caught unawares. Where possible, firefighters mitigate risks from building features by noting them ahead of time so that they can appropriately account for those features in an emergency situation. Electrified security fences can pose a unique challenge because firefighters often use metal tools to cut through fences and other obstacles. Following the passage of SB 582, electrified security fences are proliferating because state law is now clear that these fences may be deployed where allowed by local governments—including in urban areas. AB 549 reduces the risk of accidental shock to firefighters by ensuring that fire officials are notified when a city or county issues a building permit for the installation of an electrified security fence. This modest requirement eliminates a source of unpredictability for firefighters, thereby enhancing public safety.

2. Sure, but will it work? AB 549 imposes a notification requirement on local governments upon permitting these fences that may duplicate the notice that is provided in other ways. State law already requires electrified security fences to be clearly marked with warning signs, which provides first responders and members of the public with advance warning that the fence is electrified. In addition, according to a retailer of electrified security fences, the building permit application for an electrified security fence typically includes a plan check by local fire officials. In such cases, local fire officials would already be aware of the installation of the fence and could communicate that to firefighters on the ground. Will AB 549 improve firefighters’ ability to safely access a property or simply impose a redundant requirement?

3. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, AB 549 creates a new state-mandated local program because it increases the duties of local officials. AB 549 says that if the Commission on State Mandates determines that it creates a state-mandated local program, the state must reimburse local agencies by following the existing statutory process for mandate claims. However, since the notification requirement occurs as a result of a permitting process, local agencies can charge permitting fees to recover the cost of the activity. If local governments can charge fees, state law provides that no reimbursement is required. The Committee may wish to consider amending AB 549 to instead disclaim the requirement to reimburse local governments because they can charge fees to cover the increased costs of the bill.

4. Charter cities. The California Constitution allows cities that adopt charters to control their own "municipal affairs." In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn't define "municipal affairs," the courts determine whether a topic is a municipal affair or whether it's an issue of statewide concern. AB 549 says that its statutory provisions apply to charter cities. To support this assertion, the bill includes a legislative finding and declaration that it addresses a matter of statewide concern and is not a municipal affair.

Assembly Actions

Assembly Local Government Committee: 8-0

Assembly Appropriations Committee: 16-0

Assembly Floor: 76-0

Support and Opposition

(6/1/17)

Support: Alameda County Firefighters IAFF Local 55; California Professional Firefighters; California State Firefighters Association.

Opposition: Unknown.

-- END --

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 549

Author:(Quirk) – As Amended Ver:April 17, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires counties and cities that approve a building permit for the construction of an electrified security fence to notify the local fire department and fire marshal and provide them with a copy of the approved permit.

FISCAL EFFECT:

Minor costs to cities and counties to provide copies of approved permits for electrified security fences. These costs are potentially reimbursable by the state. Although the number of these permits issued each year is unknown, it is assumed to be small and therefore, it is unlikely that a city or county would incur costs sufficient to make a claim. Further, as written, this bill does not apply to charter cities and counties, which include the largest urban areas in the state.

COMMENTS:

1. Purpose. According to the author, "Firefighters recognize that electrified security fences are designed to give a non-lethal electrical shock. However, firefighters, including my local responding firefighters, have expressed concern about how the electrical current will interact with the metal tools they use for forced entry. They fear the shock may disable a firefighter or may severely (injure) a firefighter.”

"Although current law has requirements regarding signage along the property with an electrified security fence, there is no requirement that local firefighters or fire marshals be notified when a permit for its construction is approved. Firefighters argue that this could pose a significant safety risk to them when responding to an emergency call."

1. Background. Existing law, effective January 1, 2016, allows a property owner in a non-residential area to install and operate an electrified security fence as long as the fence meets specified shock standards, signage requirements and height restrictions. The fence must also be located behind a perimeter fence of at least six feet in height and must be used to protect and secure commercial or industrial property. A local ordinance prohibiting the installation and operation of electrified security fences can override this authority.

Electrified security fences are designed to serve as a non-lethal security measure for the perimeter of real property. They are generally constructed of metal with attached wires that run along the width of the fence, carrying pulses of electric current that provide an unpleasant, yet non-lethal shock to deter potential trespassers. Most electrified security fences are rigged with an alarm system that is set up to signal the property owner or the security company when the fence is being tampered with. These fences are designed to provide a physical and psychological deterrent to potential intruders, and generally have visible warning signs that provide alerts of existing hazards. Currently, most electrified security fences in the U.S. are used in industrial and commercial zones to protect property located within the perimeter of the fence, such as in an equipment yard or commercial storage facility.

1. Prior Legislation. SB 582 (Hall), Chapter 273, Statutes of 2015, authorized an owner of real property to install and operate an electrified fence on his or her property if the property is not in a residential zone, the fence meets specified requirements, and a local ordinance does not prohibit its installation and operation.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 549 (

Author:Quirk) – As Introduced Ver:February 14, 2017

SUBJECT: Local government: building permit: electric fence: notice.

SUMMARY: Requires counties and cities to notify their respective fire agencies when they approve a permit for an electrified security fence. Specifically, this bill:

1. Requires a city, county, or city and county that approves a building permit for the construction of an electrified security fence to notify the local fire department and fire marshal and provide them with a copy of the approved permit.
2. Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.

EXISTING LAW:

1. Allows a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
2. Allows an owner of real property to install and operate an electrified security fence on his or her property subject to all of the following:
   1. The property is not located in a residential zone;
   2. The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in “International Standard IEC 60335, Part 2-76;”
   3. The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
      1. The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet;
      2. The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards; and,
      3. The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions; and
   4. The height of the fence does not exceed 10 feet and is located behind a perimeter fence that is not less than six feet in height.
3. Prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of 2), above.
4. Defines, for purposes of the above provisions, "electrified security fence" to mean any fence, other than an electrified fence described in the Food and Agricultural Code, as specified, that meets the following requirements:
   1. The fence is powered by an electrical energizer with both of the following output characteristics:
      1. The impulse repetition rate does not exceed 1 hertz (hz); and,
      2. The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second; and,
   2. The fence is used to protect and secure commercial or industrial property.

FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.

COMMENTS:

1. Bill Summary. This bill requires counties and cities that approve a building permit for the construction of an electrified security fence to notify their local fire department and fire marshal and provide them with a copy of the approved permit. This bill is sponsored by the author.
2. Author's Statement. According to the author, "Electrified fences are not a new technology. However, the legal use of electrified fences for security purposes is. Under current law, a business must meet certain requirements to install and operate an electrified security fence, (which) must meet certain requirements. These include height, signage and impulse (or shock) restrictions.

"Firefighters recognize that electrified security fences are designed to give a non-lethal electrical shock. However, firefighters, including my local responding firefighters, have expressed concern about how the electrical current will interact with the metal tools they use for forced entry. They fear the shock may disable a firefighter or may severely (injure) a firefighter.

"Although current law has requirements regarding signage along the property with an electrified security fence, there is no requirement that local firefighters or (a) fire marshal be notified when a permit for its construction is approved. Firefighters argue that this could pose a significant safety risk to them when responding to an emergency call."

1. Background. Electrified security fences are designed to serve as a non-lethal security measure for the perimeter of real property. These fences are generally constructed of metal with attached wires that run along the width of the fence, carrying pulses of electric current that provide an unpleasant, yet non-lethal shock to deter potential trespassers. Most electrified security fences are rigged with an alarm system that is set up to signal the property owner or the security company when the fence is being tampered with. These fences are designed to provide a physical and psychological deterrent to potential intruders, and generally have visible warning signs that provide alerts of existing hazards about which the security fence owner or property owner are required to warn others. Currently, most electrified security fences in the U.S. are used in industrial and commercial zones to protect property located within the perimeter of the fence, such as in an equipment yard or commercial storage facility.

Existing law, which went into effect on January 1, 2016, allows an owner of property in a non-residential area to install and operate an electrified security fence as long as the fence meets specified shock standards, signage requirements and height restrictions. Such a fence must also be located behind a perimeter fence of at least six feet in height and must be used to protect and secure commercial or industrial property. This authority is not allowed where a local ordinance prohibits the installation and operation of electrified security fences. If a local ordinance allows such an installation, it must meet the requirements of the ordinance and the limitations outlined above.

According to news reports, in July of 2013, a Cal Fire firefighter was stunned and knocked down by a powerful shock from an electric fence at a fire in the American River Canyon. The fence had apparently been set to its highest level by a property owner who was using it to keep bears off the property. It is cases like this one that this bill hopes to avoid by requiring counties and cities that approve a building permit for an electrified security fence to notify their local fire department and fire marshal and provide them with a copy of the approved permit.

1. Previous Legislation. SB 582 (Hall), Chapter 273, Statutes of 2015, authorized an owner of real property to install and operate an electrified fence on his or her property if the property is not in a residential zone, the fence meets specified requirements, and a local ordinance does not prohibit its installation and operation.
2. Technical Amendment. The Committee may wish to amend this bill, which adds a new section to the Government Code, to include a cross-reference to the existing Civil Code section that defines "electrified security fence."
3. Arguments in Support. The California Professional Firefighters, in support, write, "California’s firefighters face unique and uniquely dangerous risks in their mission to keep the public safe. Electrical hazards are among the various hazards that firefighters face in the course of performing their job-related duties. While electric fence voltage may vary, when set to the highest level, the shock has the potential to knock a firefighter to the ground. Such was the case in 2013, when a CalFIRE firefighter was stunned and knocked down by a powerful electric fence shock while responding to a fire in the American River Canyon. Electric fences are no longer only found in rural areas and are becoming increasingly popular in urban settings. The nature of the emergency response profession is unpredictable. The more information a fire department has regarding potential response hazards, such as an electric fence, the better prepared our members will be in navigating those hazards to ensure a safe outcome."
4. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Firefighters

California Professional Firefighters

California State Firefighters Association

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958