Existing law requires an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to comply with specified safety requirements, including that the automatic garage door opener have an automatic reverse safety device.

This bill, beginning July 1, 2019, would also require an automatic garage door opener that is manufactured for sale, sold, offered for sale, or installed in a residence to have a battery backup function that is designed to operate when activated because of an electrical outage. The bill would make a violation of those provisions subject to a civil penalty of $1,000. The bill would, on and after July 1, 2019, prohibit a replacement residential garage door from being installed in a manner that connects the door to an existing garage door opener that does not meet the requirements of these provisions.

Existing law requires an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to comply with specified safety requirements, including that the automatic garage door opener have an automatic reverse safety device.

This bill, beginning July 1, 2019, would also require an automatic garage door opener that is manufactured for sale, sold, offered for sale, or installed in a residence to have a battery backup function that is designed to operate when activated because of an electrical outage. The bill would make a violation of those provisions subject to a civil penalty of $1,000. The bill would, on and after July 1, 2019, prohibit a replacement residential garage door from being installed in a manner that connects the door to an existing garage door opener that does not meet the requirements of these provisions.

Existing law requires an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to comply with specified safety requirements, including that the automatic garage door opener have an automatic reverse safety device.

This bill bill, beginning July 1, 2019, would also require an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to have a battery backup function that is designed to operate when activated by because of an electrical outage. The bill would make a violation of those provisions subject to a civil penalty of $1,000. The bill would, on and after January July 1, 2019, prohibit a replacement residential garage door from being installed in a manner that connects the door to an existing garage door opener that does not meet the requirements of these provisions.

Existing law requires an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to comply with specified safety requirements, including that the automatic garage door opener have an automatic reverse safety device.

This bill would also require an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to have a battery backup function that is designed to operate when activated by an electrical outage. The bill would make a violation of those provisions subject to a civil penalty of $1,000. The bill would, on and after January 1, 2019, prohibit a replacement residential garage door from being installed in a manner that connects the door to an existing garage door opener that does not meet the requirements of these provisions.

Existing law requires an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to comply with specified safety requirements, including that the automatic garage door opener have an automatic reverse safety device.

This bill would also require an automatic garage door opener that is manufactured for sale, purchased, sold, offered for sale, or installed in a residence to have a battery backup function that is designed to operate when activated by an electrical outage. The bill would make a violation of those provisions subject to a civil penalty of $1,000.

 UNFINISHED BUSINESS  

Bill No: SB 969

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/3/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wiener

NO VOTE RECORDED: Wieckowski

SENATE JUDICIARY COMMITTEE: 7-0, 4/17/18

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SENATE FLOOR: 39-0, 5/31/18

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 64-7, 8/16/18 - See last page for vote

SUBJECT:

SOURCE: Consumer Federation of California

DIGEST:

This bill requires residential automatic garage door openers manufactured for sale, sold, or installed in California on or after July 1, 2019, to have a backup battery that is designed to operate during an electrical outage, and prohibits replacement garage doors from being installed to an opener that does not have a backup battery.

Assembly Amendments extend the implementation date of the bill to July 1, 2019, and remove the word “purchased” from the required acts.

ANALYSIS:

Existing law:

1. Requires all automatic garage door openers manufactured for sale, sold, purchased, or installed in a residence to comply with specified safety requirements:
   1. The garage door opener must have an automatic reverse safety device that complies with applicable standards set forth in the Underwriters Laboratories Inc., Standard for Safety.
   2. The garage door opener must have a tactile garage door edge sensor, an optical sensor, or a similar device that when activated causes a closing door to open and prevent an open door from closing.
   3. The garage door opener must comply with federal labeling requirements.
   4. The garage door opener must include a set of installation, operation, maintenance, and testing instructions.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for, or installed in, a residence.
3. Requires that any person hired to service or repair any residential automatic garage door opener test the ability of the garage door to reverse upon contact with a rigid two-inch high obstacle. If the garage door opener fails this test, then a warning label must be attached to the opener.
4. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that fails this test.
5. Makes a violation of these provisions subject to civil penalties, as specified.

This bill:

1. Requires automatic garage door openers manufactured for sale, sold, or installed in a residence in California on or after January 1, 2019 to include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any other application of residential openers manufactured for commercial use.
3. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage, beginning on July 1, 2019.
4. Makes a violation of these provisions subject to a civil penalty of $1,000.

Background

1. Automatic garage door opener law. In the early 1990s, the California Legislature passed AB 3600 (Polanco, Chapter 1336, Statutes of 1990), which required automatic garage door openers to be manufactured with an automatic reverse safety device and sensor to protect young children from being trapped under garage doors. Congress followed by mandating similar entrapment protection requirements for all automatic residential garage door openers manufactured for the United States after 1993.
2. What is a backup battery? Backup batteries for garage door openers are small, 12-volt battery units that the opener can use for power when an outage occurs. These are typically installed inside the motor housing of the opener, or placed on top. These batteries recharge when connected to the power and need to be replaced every three years. Most backup battery systems have a LED signal, which will indicate whether the battery is operational (green), charging (yellow), or not working (red). A fully charged battery is designed to provide 24 hours of standby time during which it can run the garage door opener up to 20 full open and close cycles.

Comments

1. Purpose. The author states that the 2017 Northern California wildfires were the most deadly in California’s history, killing 43 people and forcing thousands to evacuate from their homes. It has been reported that at least five of these people lost their lives during the evacuation because they could not get out of their garages during the power outages. As strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. Requiring that automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely evacuating their residence during a planned or unplanned evacuation.
2. Automatic garage doors aren’t always automatic. Garage doors can be an unexpected obstacle in the event of an emergency evacuation, especially during wildfires when the power is either cut preemptively or fails. In the event of a power outage, automatic garage doors have a release mechanism, such as turning a key or pulling a cord, which disconnects the motor from the door and allows the door to be opened manually. However, garage doors can be very heavy, and difficult to open manually, especially for elderly and disabled people.

Reports from the 2017 Northern California fires recounted stories of neighbors stopping to help raise garage doors, elderly people who didn’t have the strength to manually open their garage door, and a mother who struggled to get her disabled son into a car because their custom van was in the garage they couldn’t open. Backup batteries could provide an additional safeguard so that automatic garage doors work without interruption during an electrical outage, allowing for the quick and safe evacuation from homes.

1. At what cost? Currently, many popular brands of garage door openers have the option of including a backup battery on their devices. Depending on the model, it can cost between $20-100 to add a backup battery to an existing door opener. Some older automatic garage door openers may not have the capacity to be connected to a backup battery, and so a new opener would have to be purchased and installed. A new garage door opener with a backup battery can cost between $150-350, depending on the model. The additional cost of the backup battery has discouraged the use of this readily available technology.
2. Slow adoption. While this bill, if enacted, would certainly lead to the installation of more backup batteries in automatic garage doors, it will likely take some time for the existing supply of garage door openers to be replaced by garage door openers with backup batteries. Many people will not choose to install a backup battery voluntarily on their existing garage door openers, and they are not required to under this bill, unless they are replacing their garage door or garage door opener.
3. Civil penalties. This bill provides that any person or entity in this state, that manufactures, offers for sale at retail or wholesale, or installs in this state a residential automatic garage door opener that does not have a battery backup or installs a garage door to an existing opener without a backup battery would be subject to a civil penalty of $1,000 for every offending garage door opener. This is arguably not unreasonable, given that the Legislature established the same penalty for failing to follow similar requirements on safety sensors nearly 30 years ago.

This bill was amended in the Assembly to remove the word “purchase” from the required acts. The bill continues to subject manufacturers, sellers, and installers to civil penalties for violations, but no longer requires the purchasing of garage door openers with backup batteries. Thus, consumers are prevented from being held liable for knowingly or unknowingly purchasing an opener without a backup battery.

Related/Prior Legislation

AB 3600 (Polanco, Chapter 1336, Statutes of 1990) required automatic reverse safety device and sensor on automatic garage door openers in California.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown, potentially-significant cost pressures (General Fund) to the court to adjudicate claims filed for manufacturing for sale, purchasing, selling, offering for sale, or installing a residential automatic garage door opener without a battery backup function that otherwise would not have been brought absent the ability to seek damages provided by this bill. Costs would be offset, to a degree, by court filing fee revenue. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.

SUPPORT: (Verified 8/16/18)

Consumer Federation of California (source)

California Alliance of Retired Americans

City of Santa Rosa

Congress of California Seniors

Napa County

Solano County

Sonoma County

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 8/16/18)

Door & Access Systems Manufacturers Association International

ARGUMENTS IN SUPPORT: In support of the bill, Consumer Federation of California writes that “garage doors have created an unexpected obstacle in the event of an emergency evacuation. Expanding the current law to ensure that garage doors are equipped with backup batteries is a common sense safety measure that will help avoid preventable injuries and death.”

ARGUMENTS IN OPPOSITION: In opposition to the bill, the Door & Access Systems Manufacturers Association International writes, “[the bill] should be modified to make it clear that garage door openers with backup batteries are not designed to serve as life safety devices, and should not be relied upon to provide a means of egress from a garage during an electrical outage. As with any electrical or mechanical system, battery backup systems and garage doors require regular maintenance in order to function as desired when required. The batteries must be regularly tested and periodically replaced. If a garage door opener was to lose power during an emergency, and the battery backup had not been properly maintained, the battery backup functionality could fail to open the door.”

ASSEMBLY FLOOR: 64-7, 8/16/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Frazier, Friedman, Gabriel, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Maienschein, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Chávez, Mathis, Obernolte, Steinorth, Voepel

NO VOTE RECORDED: Brough, Flora, Fong, Gallagher, Cristina Garcia, Harper, Low, Mayes, Patterson

Prepared by:

8/18/18 13:29:18

**** END ****

SENATE THIRD READING

STR Bill Id:SB 969

Author:(Dodd)

As Amended Ver:June 14, 2018

Majority vote

SENATE VOTE: 39-0

SUMMARY: Requires residential automatic garage door openers manufactured for sale, sold, purchased, or installed in California on or after July 1, 2019, to have a backup battery that is designed to operate during an electrical outage and prohibits replacement garage doors from being installed to an opener that does not have a backup battery. Specifically, this bill:

1. Requires automatic garage door openers manufactured for sale, sold, or installed in a residence in California on or after July 1, 2019, to include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any other application of residential openers manufactured for commercial use.
3. Beginning July 1, 2019, prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage.
4. Makes a violation of these provisions subject to a civil penalty of $1,000.

FISCAL EFFECT: None.

COMMENTS:

Background: In the early 1990s, the California Legislature passed AB 3600 ((Polanco), Chapter 1336, Statutes of 1990), which required automatic garage door openers to be manufactured with an automatic reverse safety device and sensor to protect young children from being trapped under garage doors. Congress followed by mandating similar entrapment protection requirements for all automatic residential garage door openers manufactured for the United States after 1993.

Beginning July 1, 2019 this bill would require that garage door openers sold or installed have a backup battery so that if the electricity is cut to a home the garage door opener continues to work. This bill imposes a $1000 penalty for violating the provisions of this bill.

Purpose of this bill: According to the author, the 2017 Northern California wildfires were the most deadly in California's history, killing 43 people and forcing thousands to evacuate from their homes. It has been reported that at least five of these people lost their lives during the evacuation because they could not drive out of their garages during the power outages. As strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. Requiring that automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely evacuating their residence during a planned or unplanned evacuation.

Cost of back-up batteries: Depending on the model, it can cost between $20-100 to add a backup battery to an existing door opener. Some older automatic garage door openers may not have the capacity to be connected to a backup battery, and so a new opener would have to be purchased and installed. A new garage door opener with a backup battery can cost between $150-350, depending on the model. The additional cost of the backup battery has discouraged the use of this readily available technology.

Arguments in opposition: The Door and Access Systems Manufactures Association International support the idea behind this bill but would like to modify the bill so that there is no expectation that an automatic garage door opener equipped with a battery backup system will save lives during the electrical outage. It is unclear how this amendment can be accomplished.

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0003764

Date of Hearing: July 3, 2018

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SB 969

Author:(Dodd) – As Amended Ver:June 14, 2018

SENATE VOTE: 39-0

SUBJECT: AUTOMATIC GARAGE DOOR OPENERS: BACKUP BATTERIES

KEY ISSUE: should state law require that all automatic garage door openers sold in the state after july 1, 2019 include a battery backup designed to operate the garage door in the event of electrical failure?

SYNOPSIS

Existing law requires that automatic garage door openers sold in the state meet various safety specifications, including that the opener be able to automatically reverse itself in case the garage door hits an obstruction while lowering. However, automatic garage door openers require electrical power to operate. The 2017 Northern California fires proved to be deadly for several individuals who lost power at their residences and were unable to manually lift their garage doors in order to escape. Furthering a long history of consumer protection measures designed to promote safety in emergency situations, this measure would require all new automatic garage door openers sold or installed on or after July 1, 2019 to include a battery backup designed to operate the opener in case of an electrical failure. This bill is sponsored by the Consumer Federation of California and is supported by local governments and consumer protection groups. The Door and Access Systems Manufacturers Association is in opposition to the measure, which previously passed out of the Assembly Committee on Housing and Community Development by a vote of 7-0.

SUMMARY: Requires all residential automatic garage door openers manufactured for sale, sold, or installed in California on or after July 1, 2019, to have a backup battery that is designed to work in case of power failure. Specifically, this bill:

1. Requires that, on or after July 1, 2019, all automatic garage door openers manufactured, sold, or offered for sale at a residence in California shall include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any other application of residential openers manufactured for commercial use.
3. Beginning July 1, 2019, prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage.
4. Makes a violation of these provisions subject to a civil penalty of $1,000.

EXISTING LAW:

1. Provides that no person, corporation, or entity shall manufacture for sale in this state, purchase, sell or offer for sale at retail or wholesale, or install in this state, a residential automatic garage door opener unless it has an automatic reverse safety device that complies with specified standards and, in order to operate, it requires the inclusion of a tactile garage door edge sensor, an optical sensor, or a similar device that when activated is designed to cause a closing door to open and prevent an open door from closing. (Health and Safety Code Section 19890 (c). All further stautory references are to the Health and Safety Code, unless otherwise specified.)
2. Specifies that, in addition to any other remedies permitted by law, any violations of 1), above, is subject to a civil penalty of $1,000 per opener installed, manufactured, sold, or offered for sale which is not in compliance therewith. (Section 19891 (a).)
3. Provides that on and after January 1, 1993, any manufacturer, distributor, wholesaler, or retailer, selling or offering for sale residential automatic garage door openers in this state to include with each automatic garage door opener a set of installation, operation, maintenance, and testing instructions; and any person installing, servicing, or repairing a residential automatic garage door opener shall comply with those instructions. (Section 19890 (d).)
4. Requires any person hired to service or repair any residential automatic garage door opener to, upon completion of the service or repair, if any, determine whether it reverses upon contact with a rigid two-inch high obstacle placed on the surface beneath the garage door; and provides that if the residential automatic garage door opener does not pass the test, the person shall complete and place a conspicuous warning certificate on the residential automatic garage door opener, as specified. (Section 19890 (e).)
5. Applies the specified requirements to all automatic garage door openers manufactured and sold for use in any residence. They shall also apply to automatic garage door openers manufactured for commercial purposes, but sold for, or installed, in a residence because the commercial opener was necessary to meet the specific application requirements of that installation; and requires residential applications of garage door openers manufactured for commercial purposes shall comply with these provisions and be installed according to the manufacturer’s instructions. (Section 19890 (f).)
6. Provides that no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the test standard described in 4), above, regardless of the date of manufacture of the residential automatic garage door opener. (Section 19890 (h).)
7. Allows that court proceedings to enforce the provisions of 2), above, may be initiated by the building department of the local agency with jurisdiction over enforcement of building standards, by affected consumers, or by the district attorney. Civil penalties assessed shall be payable to the local agency initiating the proceedings; and provides that if an affected consumer initiates the proceeding, the civil penalties shall be payable to the consumer. (Section 19891(d).)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: This measure seeks to address a public safety issue around evacuation through automatic garage doors which was brought to light in the wake of the devastating Northern California fires of 2017. Describing the fires and the difficulty some residents faced when attempting to evacuate, the author writes:

The 2017 Northern California wildfires left a path of destruction and loss that Californians have never seen before; an October statewide fire summary by CalFIRE estimated 8900 structures were destroyed, thousands were rushed to evacuate and many lives were lost. On October 8th, 2017, residents of Napa, Sonoma, Yuba, Butte, Lake, Mendocino, Nevada, and Orange counties faced severe winds coupled with power outages that complicated already difficult, middle of the night evacuations. It is estimated that at least five residents lost their lives in the Northern California wildfires because they could not get out of their garages during the power outage. Additionally, as strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to thousands of residents to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage.

Designing good egress for emergency situations. Fire safety standards have often been developed in the wake of tragedies that expose dangerous building and evacuation practices that prevented people from reaching safety. For example, the 1911 Triangle Shirtwaist Factory fire in New York City remains one of the most well-known such tragedies in U.S. history and brought public attention to the crucial importance of good egress (i.e., the action of going out of or exiting a place). At the time of the fire, locked doors in the factory (intended to stop workers from taking breaks during the workday) prevented people from safely exiting and 146 garment industry workers ultimately died as a result of the fire. In the aftermath of the Triangle Shirtwaist Factory, New York State passed a number of laws updating building and workplace standards to require better egress, fire extinguishers, and a number of other fire and safety measures intended to protect workers.

As a general matter, people in emergency situations tend to use means of egress that they are already familiar with. In the case of the Triangle Shirtwaist Factory, the stairs that workers were familiar with were locked, and while an alternative route to the roof was available, most individuals were not aware of this option. A 2014 radio segment on designing optimal egress notes, “in a state of panic, people don’t want to go places they haven’t gone before, or use devices they’ve never seen... the way egress works now is in keeping with the way we use buildings normally.” (From “Good Egress” July 8, 2014. 99% Invisible. URL: https://99percentinvisible.org/episode/good-egress/)

Even though automatic garage door openers have a manual lift that can be used in case of an electrical failure, persons with limited mobility may not be able to open the door manually due to the weight of the garage door, or a failure to properly maintain it. Additionally, even if an individual is physically capable of lifting his or her garage door in everyday life, the stress of an emergency situation may lead to panic and confusion about how to properly operate the door. Though backup batteries for automatic garage door openers are currently available for consumers to purchase, there is no requirement that such devices must be installed. The author notes:

While backup batteries are offered to residents during garage door installation, the additional cost of the batteries have discouraged widespread use. For seniors and persons with disabilities, an operational garage door during a power outage can be the difference between life and death. Requiring automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely and expeditiously evacuating their residence during a planned or unplanned evacuation.

Additionally, writing in support of the measure, the Consumer Federation of California states:

Garage Doors have created an unexpected obstacle in the event of an emergency evacuation, expanding the current law to ensure that garage doors are equipped with backup batteries is a common sense safety measure that will help avoid preventable injuries and death.

Policy approaches to promoting the use of battery backups in residential settings. Just as prior consumer protections laws have changed over time to incorporate new technologies and promote good egress, this bill responds to the difficulties that many individuals faced in the 2017 fires in Northern California. As wildfires are predicted to become increasingly common and costly in terms of both human life and economic impact due to warming temperatures, policy must adapt to protect citizens from changing threats. (“In a Warming California, a Future of More Fire.” December 7, 2017. New York Times. URL: https://www.nytimes.com/2017/12/07/climate/california-fires-warming.html). However, while this measure, if enacted, will certainly lead to the installation of more automatic garage door battery backups, since it only applies to new garage doors sold and manufactured in the state, it will likely take several decades for the existing supply of garage doors to be replaced with garage doors that have the new technology.

Future legislation aimed at promoting greater adoption of automatic garage door battery backups may consider targeting populations which are most likely to experience difficulty with operating a garage door in an emergency situation (e.g., elderly individuals, those with limited mobility, people living in areas with greater fire risks). Alternatively, educational campaigns and subsidy programs to reduce the costs of installing battery backups could be used to encourage conversion of the existing supply. Finally, another option to promote faster adoption of the technology in existing garage doors could include requiring battery backups for automatic garage openers anytime a property is sold.

Arguments in opposition. The Door and Access Systems Manufacturers Association writes in opposition to the measure:

We request that SB 969 be modified to make it clear that garage door openers with backup batteries are not designed to serve as life safety devices, and should not be relied upon to provide a means of egress from a garage during an electrical outage.

As with any electrical or mechanical system, battery backup systems and garage doors require regular maintenance in order to function as desired when required. The batteries must be regularly tested and periodically replaced. If a garage door opener were to lose power during an emergency, and the battery backup had not been properly maintained, the battery backup functionality could fail to open the door.

While the opposition requests an amendment to clarify that battery backups for automatic garage door openers are not life safety devices, as noted in the Assembly Housing and Community Development committee analysis, “it is unclear how this amendment can be accomplished.” Additionally, while the Door and Access Systems Manufacturers Association notes that the battery backup system may not work unless it is maintained, that is also true of all current garage doors, too. Existing law already requires that any new installation of an automatic garage door is accompanied by “a set of installation, operation, maintenance, and testing instructions.”

REGISTERED SUPPORT / OPPOSITION:

Support

Consumer Federation of California (sponsor)

California Alliance for Retired Americans

California Commission on Aging

City of Santa Rosa

Congress of California Seniors

Napa County

Solano County Board of Supervisors

Sonoma Board of Supervisors

The Arc and United Cerebral Palsy California Collaboration

Opposition

Door and Access Systems Manufacturers Association

Analysis Prepared by: Sandra Nakagawa / JUD. / (916) 319-2334

Date of Hearing: June 27, 2018

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

SBPCA Bill Id:SB 969

Author:(Dodd) – As Amended Ver:June 14, 2018

SENATE VOTE: 39-0

SUBJECT: Automatic garage door openers: backup batteries

SUMMARY: Requires residential automatic garage door openers manufactured for sale, sold, purchased, or installed in California on or after July 1, 2019, to have a backup battery that is designed to operate during an electrical outage and prohibits replacement garage doors from being installed to an opener that does not have a backup battery. Specifically, this bill:

1. Requires automatic garage door openers manufactured for sale, sold, or installed in a residence in California on or after July 1, 2019 to include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any other application of residential openers manufactured for commercial use.
3. Beginning July 1, 2019, prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage.
4. Makes a violation of these provisions subject to a civil penalty of $1,000.

EXISTING LAW:

1. Requires all automatic garage door openers manufactured for sale, sold, purchased, or installed in a residence to comply with specified safety requirements:
   1. The garage door opener must have an automatic reverse safety device that complies with applicable standards set forth in the Underwriters Laboratories Inc., Standard for Safety;
   2. The garage door opener must have a tactile garage door edge sensor, an optical sensor, or a similar device that when activated causes a closing door to open and prevent an open door from closing; and
   3. The garage door opener must comply with federal labeling requirements.
   4. The garage door opener must include a set of installation, operation, maintenance, and testing instructions.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for, or installed in, a residence.
3. Requires that any person hired to service or repair any residential automatic garage door opener test the ability of the garage door to reverse upon contact with a rigid two-inch high obstacle. If the garage door opener fails this test, then a warning label must be attached to the opener.
4. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that fails this test.
5. Makes a violation of these provisions subject to civil penalties, as specified.

FISCAL EFFECT: None.

COMMENTS:

Background: In the early 1990s, the California Legislature passed AB 3600 (Polanco, Chapter 1336, Statutes of 1990), which required automatic garage door openers to be manufactured with an automatic reverse safety device and sensor to protect young children from being trapped under garage doors. Congress followed by mandating similar entrapment protection requirements for all automatic residential garage door openers manufactured for the United States after 1993.

Beginning July 1, 2019 this bill would require that garage door openers sold or installed have a backup battery so that if the electricity is cut to a home the garage door opener continues to work. The bill imposes a $1000 penalty for violating the provisions of the bill.

Purpose of this bill: According to the author, the 2017 Northern California wildfires were the most deadly in California’s history, killing 43 people and forcing thousands to evacuate from their homes. It has been reported that at least five of these people lost their lives during the evacuation because they could not drive out of their garages during the power outages. As strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. Requiring that automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely evacuating their residence during a planned or unplanned evacuation.

Cost of back-up batteries: Depending on the model, it can cost between $20-100 to add a backup battery to an existing door opener. Some older automatic garage door openers may not have the capacity to be connected to a backup battery, and so a new opener would have to be purchased and installed. A new garage door opener with a backup battery can cost between $150-350, depending on the model. The additional cost of the backup battery has discouraged the use of this readily available technology.

Arguments in opposition: The Door and Access Systems Manufactures Association International support the idea behind SB 969 but would like to modify the bill so that there is no expectation that an automatic garage door opener equipped with a battery backup system will save lives during the electrical outage. It is unclear how this amendment can be accomplished.

Double referred: This bill was also referred to the Committee on Judiciary where it will be heard if it passes out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Consumer Federation of California (sponsor)

The Arc, California
California Alliance for Retired Americans
California Commission On Aging
City Of Santa Rosa
Congress of California Seniors
Napa County Board of Supervisors

Solano County Board of Supervisors

Sonoma County Board of Supervisors

The Arc
United Cerebral Palsy of California

Opposition

Door and Access Systems Manufacturers Association

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085

 THIRD READING  

Bill No: SB 969

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/3/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wiener

NO VOTE RECORDED: Wieckowski

SENATE JUDICIARY COMMITTEE: 7-0, 4/17/18

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Consumer Federation of California

DIGEST:

This bill requires residential automatic garage door openers manufactured for sale, sold, purchased, or installed in California on or after January 1, 2019, to have a backup battery that is designed to operate during an electrical outage. This bill also prohibits replacement garage doors from being installed to an opener that does not have a backup battery.

ANALYSIS:

Existing law:

1. Requires all automatic garage door openers manufactured for sale, sold, purchased, or installed in a residence to comply with specified safety requirements:
   1. The garage door opener must have an automatic reverse safety device that complies with applicable standards set forth in the Underwriters Laboratories Inc., Standard for Safety.
   2. The garage door opener must have a tactile garage door edge sensor, an optical sensor, or a similar device that when activated causes a closing door to open and prevent an open door from closing.
   3. The garage door opener must comply with federal labeling requirements.
   4. The garage door opener must include a set of installation, operation, maintenance, and testing instructions.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for, or installed in, a residence.
3. Requires that any person hired to service or repair any residential automatic garage door opener test the ability of the garage door to reverse upon contact with a rigid two-inch high obstacle. If the garage door opener fails this test, then a warning label must be attached to the opener.
4. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that fails this test.
5. Makes a violation of these provisions subject to civil penalties, as specified.

This bill:

1. Requires automatic garage door openers manufactured for sale, sold, purchased or installed in a residence in California on or after January 1, 2019 to include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for or installed in a residence.
3. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage.
4. Makes a violation of these provisions subject to a civil penalty of $1,000.

Background

1. Garage Door Opener Law. In the early 1990s, the California Legislature passed AB 3600 (Polanco, Chapter 1336, Statutes of 1990), which required automatic garage door openers to be manufactured with an automatic reverse safety device and sensor to protect young children from being trapped under garage doors. Congress followed by mandating similar entrapment protection requirements for all automatic residential garage door openers manufactured for the United States after 1993.
2. What is a backup battery? Backup batteries for garage door openers are small, 12-volt battery units that the opener can use for power when an outage occurs. These are typically installed inside the motor housing of the opener, or placed on top. These batteries recharge when connected to the power and need to be replaced every three years. Most backup battery systems have a LED signal, which will indicate whether the battery is operational (green), charging (yellow), or not working (red). A fully charged battery is designed to provide 24 hours of standby time during which it can run the garage door opener up to 20 full open and close cycles.

Comments

1. Purpose. The author states that the 2017 Northern California wildfires were the most deadly in California’s history, killing 43 people and forcing thousands to evacuate from their homes. It has been reported that at least five of these people lost their lives during the evacuation because they could not get out of their garages during the power outages. As strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. Requiring that automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely evacuating their residence during a planned or unplanned evacuation.
2. Backup batteries can save lives. Garage doors can be an unexpected obstacle in the event of an emergency evacuation, especially during wildfires when the power is either cut preemptively or fails. In the event of a power outage, most garage doors have a release mechanism, such as turning a key or pulling a cord, which disconnects the motor from the door and allows the door to be opened manually. However, garage doors can be very heavy, and difficult to open manually, especially for elderly and disabled people.

Reports from the 2017 Northern California fires recounted stories of neighbors stopping to help raise garage doors, elderly people who didn’t have the strength to manually open their garage door, and a mother who struggled to get her disabled son into a car because their custom van was in the garage they couldn’t open. Backup batteries can provide a safeguard so that automatic garage doors work without interruption during an electrical outage, allowing for the quick and safe evacuation from homes.

1. At what cost? Currently, many popular brands of garage door openers have the option of including a backup battery on their devices. Depending on the model, it can cost between $20-100 to add a backup battery to an existing door opener. Some older automatic garage door openers may not have the capacity to be connected to a backup battery, and so a new opener would have to be purchased and installed. A new garage door opener with a backup battery can cost between $150-350, depending on the model. The additional cost of the backup battery has discouraged the use of this readily available technology.
2. Implementation timeframe. This bill would affect new automatic garage door openers available for sale in the state starting in 2019. However, it will likely take a while for this bill to spur widespread adoption of backup batteries in existing garage door openers. Many people will not do this voluntarily, and are not required to under this bill, unless they are replacing their garage doors or garage door openers.
3. Civil penalties. This bill provides that any person or entity in this state, that purchases, sells, offers for sale at retail or wholesale, or installs in this state a residential automatic garage door opener that does not have a battery backup or installs a garage door to an existing opener without a backup battery would be subject to a civil penalty of $1,000 for every offending garage door opener. This is arguably not unreasonable, given that the Legislature established the same penalty for failing to follow similar requirements nearly 30 years ago.

Related/Prior Legislation

AB 3600 (Polanco, Chapter 1336, Statutes of 1990) required automatic reverse safety device and sensor on automatic garage door openers in California.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown, potentially-significant cost pressures (General Fund) to the court to adjudicate claims filed for manufacturing for sale, purchasing, selling, offering for sale, or installing a residential automatic garage door opener without a battery backup function that otherwise would not have been brought absent the ability to seek damages provided by this bill. Costs would be offset, to a degree, by court filing fee revenue. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.

SUPPORT: (Verified 5/25/18)

Consumer Federation of California (source)

California Alliance of Retired Americans

City of Santa Rosa

Congress of California Seniors

Napa County

Sonoma County

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 5/25/18)

None received

Prepared by:

5/26/18 15:07:21

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 969 (Dodd) - Automatic garage door openers: backup batteries

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 969 would prohibit the manufacture for sale, purchase, sale, offer for sale, or installation of a residential automatic garage door opener that does not have a battery backup function that is designed to operate during an electrical outage. It would provide for civil penalties of $1,000 for each opener in violation of the prohibition.

Fiscal Impact:

Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate claims filed for manufacturing for sale, purchasing, selling, offering for sale, or installing a residential automatic garage door opener without a battery backup function that otherwise would not have been brought absent the ability to seek damages provided by this bill. Costs would be offset, to a degree, by court filing fee revenue. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.

*Trial Court Trust Fund

Background:

According to the analysis of this bill by the Senate Committee on Judiciary:

According to the legislative history of AB 3600 (Polanco, Ch. 1336, Stats. 1990), in 1990, there existed no federal or state regulations on the manufacture or sale of residential automatic garage door openers. During the time period between 1982 and 1989, over 40 children had been killed under automatic garage doors with many others having suffered brain damage or other serious injuries. In response to these serious concerns, AB 3600 was enacted to require automatic reverse safety devices and sensors on automatic garage door openers in California. It provided a cause of action to be brought by local building departments, district attorneys, or affected consumers for specified civil penalties.

In October 2017, wildfires ravaged Northern California, destroying at least 8,400 homes and buildings. News media told the story of one Santa Rosa resident who was obstructed from evacuating her home when her garage door would not open as a result of the associated power outage. With the help of neighbors, she was able to manually open the door and escape. Not everyone was so fortunate. Of the 44 deaths attributed to the series of fires, at least five had some connection to automatic garage door openers that had no power. Several people were found in their cars inside garages.

Proposed Law:

This bill would:

• Prohibit a person, corporation, or entity from manufacturing for sale in California, purchasing, selling, offering for sale at retail or wholesale, or installing in California a residential automatic garage door opener that does not have a battery backup function that is designed to operate when activated by an electrical outage.
• Require the battery backup function to operate in a manner so that the opener is operational without interruption during an electrical outage.
• Make a violation of provisions listed above subject to a civil penalty of $1,000.
• Prohibit, on and after January 1, 2019, a replacement residential garage door from being installed in a manner that connects the door to an existing garage door opener that does not have a battery backup function that is designed to operate during an electrical outage, regardless of the manufacture date of the residential automatic garage door opener.

Staff Comments:

The fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on numerous factors, including, but not limited to, the frequency with which a person, corporation, or entity is accused of violating the prohibition, the complexity of alleged violations, if parties settle matters prior to litigation, and the factors unique to each case. Given the $1,000 civil penalties that would be provided for in this bill, a case likely would be brought as a limit civil case or a small claims case. It costs the court a little over $2,600, on average, in personnel and resources to adjudicate a limited civil case and a similar amount for a small claims case. It costs about $7,010 to operate a courtroom for one day. So if the right of action provided for in SB 969 led to more than nineteen new cases, or a few complex case that took longer than seven days (e.g., a class action lawsuit) that otherwise would not have been brought, the cost pressures of this bill to the court would surpass the Suspense File threshold.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: SB 969 (Author:Dodd)

Version: April 2, 2018

Hearing Date: April 17, 2018

Fiscal: No

Urgency: No

Consultant: CK

SUBJECT

Automatic garage door openers: backup batteries

DESCRIPTION

This bill would prohibit any person, corporation, or entity from manufacturing for sale in this state, purchasing, selling, offering for sale at retail or wholesale, or installing in this state a residential automatic garage door opener that does not have a battery backup function that is designed to operate when activated by an electrical outage. The battery backup function would have to operate in a manner so that the automatic garage door opener is operational without interruption during an electrical outage. Violations of this bill’s provisions would be subject to civil penalties of $1000 for each opener in violation.

BACKGROUND

According to the legislative history of AB 3600 (Polanco, Ch. 1336, Stats. 1990), in 1990, there existed no federal or state regulations on the manufacture or sale of residential automatic garage door openers. During the time period between 1982 and 1989, over 40 children had been killed under automatic garage doors with many others having suffered brain damage or other serious injuries. In response to these serious concerns, AB 3600 was enacted to require automatic reverse safety devices and sensors on automatic garage door openers in California. It provided a cause of action to be brought by local building departments, district attorneys, or affected consumers for specified civil penalties.

In October 2017, wildfires ravaged Northern California, destroying at least 8,400 homes and buildings. News media told the story of one Santa Rosa resident who was obstructed from evacuating her home when her garage door would not open as a result of the associated power outage. With the help of neighbors, she was able to manually open the door and escape. Not everyone was so fortunate. Of the 44 deaths attributed to the series of fires, at least five had some connection to automatic garage door openers that had no power. Several people were found in their cars inside garages.

This bill would respond to these tragedies by requiring that specified residential automatic garage door openers have a battery backup function that is designed to operate when activated by an electrical outage. The bill would specifically require that the battery backup function operate in a manner so that the automatic garage door opener is operational without interruption during an electrical outage. Violations would be subject to civil penalties in proceedings to be brought by local building departments, district attorneys, or affected consumers. This bill passed out of the Senate Transportation and Housing Committee on a 9-0 vote.

CHANGES TO EXISTING LAW

Existing law provides that no person, corporation, or entity shall manufacture for sale in this state, purchase, sell or offer for sale at retail or wholesale, or install in this state, a residential automatic garage door opener unless it has an automatic reverse safety device that complies with specified standards and, in order to operate, it requires the inclusion of a tactile garage door edge sensor, an optical sensor, or a similar device that when activated is designed to cause a closing door to open and prevent an open door from closing. This device shall be designed to operate in a manner so that the interruption or misalignment of the device or an opening or short in the wires between the device and the power head would cause a closing door to open and prevent an open door from closing. (Health & Saf. Code Secs. 19890(a)-(b).)

Existing law requires any manufacturer selling or offering for sale residential automatic garage door openers in this state to comply with specified federal labeling requirements for automatic residential garage door openers. (Health & Saf. Code Sec. 19890(c).)

Existing law provides that in addition to any other remedies permitted by law, any violations of subdivision (a), (b), or (c) of Section 19890 shall be subject to a civil penalty of one thousand dollars ($1,000) per opener installed, manufactured, sold, or offered for sale which is not in compliance therewith. (Health & Saf. Code Sec. 19891(a).)

Existing law requires any manufacturer, distributor, wholesaler, or retailer, selling or offering for sale residential automatic garage door openers in this state to include with each automatic garage door opener a set of installation, operation, maintenance, and testing instructions. Any person installing, servicing, or repairing a residential automatic garage door opener shall comply with those instructions. (Health & Saf. Code Sec. 19890(d).)

Existing law requires any person hired to service or repair any residential automatic garage door opener to, upon completion of the service or repair, if any, determine whether it reverses upon contact with a rigid two-inch high obstacle placed on the surface beneath the garage door. If the residential automatic garage door opener does not pass the test, the person shall complete and conspicuously affix to the residential automatic garage door opener with a warning certificate, as specified. (Health & Saf. Code Sec. 19890(e).)

Existing law requires that no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the test standard set forth in subdivision (e) of Section 19890 of the Health and Safety Code (immediately above), regardless of the date of manufacture of the residential automatic garage door opener. On or after January 1, 1992, no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the test standard set forth in subdivision (e), regardless of the date of manufacture of the residential automatic garage door opener. (Health & Saf. Code Sec. 19890(h).)

Existing law applies the above provisions to all automatic garage door openers manufactured and sold for use in any residence. They shall also apply to automatic garage door openers manufactured for commercial purposes, but sold for, or installed, in a residence because the commercial opener was necessary to meet the specific application requirements of that installation. Residential applications of garage door openers manufactured for commercial purposes shall comply with these provisions and be installed according to the manufacturer’s instructions. (Health & Saf. Code Sec. 19890(f).)

Existing law provides that in addition to any other remedies permitted by law, any violations of subdivision (d) or (h) of Section 19890 shall be subject to a civil penalty of five hundred dollars ($500) per opener installed and operational, that is not in compliance therewith. (Health & Saf. Code Sec. 19891(b).)

Existing law provides that court proceedings to enforce the provisions of Section 19891 of the Health and Safety Code may be initiated by the building department of the local agency with jurisdiction over enforcement of building standards, by affected consumers, or by the district attorney. Civil penalties assessed shall be payable to the local agency initiating the proceedings. If an affected consumer initiates the proceeding, the civil penalties shall be payable to the consumer. (Health & Saf. Code Sec. 19891(d).)

This bill would provide that on or after January 1, 2019, no person, corporation, or entity shall manufacture for sale in this state, purchase, sell, offer for sale at retail or wholesale, or install in this state a residential automatic garage door opener that does not have a battery backup function that is designed to operate when activated by an electrical outage. The battery backup function shall operate in a manner so that the automatic garage door opener is operational without interruption during an electrical outage.

This bill would apply to all automatic garage door openers manufactured and sold for use in any residence, automatic garage door openers manufactured for commercial purposes but sold for or installed in a residence because the commercial opener was necessary to meet the specific application requirements of that installation, and other residential applications of automatic garage door openers manufactured for commercial purposes.

This bill would also provide that on or after January 1, 2019, no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the specified requirements, regardless of the date of manufacture of the residential automatic garage door opener.

This bill would provide that, in addition to any other remedies, any violations of its provisions shall be subject to a civil penalty of one thousand dollars ($1,000) per opener installed, manufactured, sold, or offered for sale which is not in compliance therewith. This bill would allow these cases to be initiated by the building department of the local agency with jurisdiction over enforcement of building standards, by affected consumers, or by the district attorney. Civil penalties assessed in connection therewith would be payable to the local agency initiating the proceedings. If an affected consumer initiates the proceeding, the civil penalties would be payable to the consumer.

COMMENT

1. Stated need for the bill

According to the author:

The 2017 Northern California wildfires left a path of destruction and loss that Californians have never seen before; an October statewide fire summary by CalFIRE estimated 8900 structures were destroyed, thousands were rushed to evacuate and forty-three lives were lost. On October 8th, 2017, residents of Napa, Sonoma, Yuba, Butte, Lake, Mendocino, Nevada, and Orange counties faced severe winds coupled with power outages that complicated already difficult, middle of the night evacuations. It is estimated that at least five residents lost their lives in the Northern California wildfires because they could not get out of their garages during the power outage. Additionally, as strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to thousands of residents to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. While backup batteries are offered to residents during garage door installation, the additional cost of the batteries have discouraged widespread use. Requiring automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely and expeditiously evacuating their residence during a planned or unplanned evacuation.

2. Civil penalties are necessary to ensure compliance with the safety requirements of this bill

This bill would build on the existing requirements regarding automatic garage door openers and their safety features to enhance consumer protections. It would also provide an enforcement mechanism for violations of these new provisions by applying the existing penalty structure laid out in Section 19891 of the Health and Safety Code.

Currently, Section 19891 provides detailed penalties for specified violations of the existing requirements found in Section 19890 regarding the manufacturing for sale in this state, purchasing, selling, offering for sale at retail or wholesale, or installing in this state of residential automatic garage door openers. Under Section 19891(a), if an opener is manufactured for sale in this state, purchased, sold or offered for sale at retail or wholesale, or installed in this state without an automatic reverse safety device, required sensor, or the mandated labeling, the violating person, corporation, or entity would be subject to a civil penalty of $1000 for every offending garage door opener.

This bill would provide that any person, corporation, or entity that manufactures for sale in this state, purchases, sells, offers for sale at retail or wholesale, or installs in this state a residential automatic garage door opener that does not have a battery backup function that is designed to operate when activated by an electrical outage would be subject to a civil penalty of $1000 for every offending garage door opener. The burden posed by such a penalty is arguably not unreasonable given that the Legislature attached the same penalty to failing to follow similar requirements nearly 30 years ago.

This bill would also provide that no replacement residential garage door opener shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the requirements of the new statute, regardless of the date of manufacture of the residential automatic garage door. Violations of this provision would be subject to $1000 civil penalties for each violating opener installed. As above, such a penalty is reasonable in this context to ensure compliance with the safety mandates of this bill.

As with violations of Section 19890, this bill would allow court proceedings to be initiated by local building departments, district attorneys, or affected consumers. Any civil penalties awarded in such proceedings would be payable to the person or entity bringing the action. By creating a right of action for consumers, this bill would further ensure compliance with its provisions.

Although there is no opposition to the bill, the Solano County Board of Supervisors has requested amendments to the bill to “clarify that if a consumer unknowingly purchases an opener that does not include a back-up battery, the proposed civil penalties [do] not apply to them.” Such an amendment, removing the word “purchase” from the prohibited acts, would continue to subject manufacturers, sellers, and installers to civil penalties for violations, but would not prohibit the purchasing of products that violate the specifications laid out in the bill. This would be a material difference relative to the existing provisions that govern the requirements for sensors and automatic reverse safety devices. It would prevent consumers from being held liable for violating the bill’s provisions.

Support: The Arc and United Cerebral Palsy California Collaboration; California Alliance for Retired Americans; Congress of California Seniors; Napa County Board of Supervisors; Santa Rosa City Council; Sonoma County Board of Supervisors

Opposition: None Known

HISTORY

Source: Consumer Federation of California

Related Pending Legislation: None Known

Prior Legislation: AB 3600 (Polanco, Ch. 1336, Stats. 1990) required automatic reverse safety device and sensor on automatic garage door openers in California.

Prior Vote: Senate Transportation and Housing Committee (Ayes 12, Noes 0)

**************

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: SB 969 Hearing Date: 4/3/2018

SUBJECT: Automatic garage door openers: backup batteries

DIGEST: This bill requires residential automatic garage door openers manufactured for sale, sold, purchased, or installed in California on or after January 1, 2019 to have a backup battery that is designed to operate during an electrical outage. This bill also prohibits replacement garage doors from being installed to an opener that does not have a backup battery.

ANALYSIS

Existing law:

1. Requires all automatic garage door openers manufactured for sale, sold, purchased, or installed in a residence to comply with specified safety requirements:
   1. The garage door opener must have an automatic reverse safety device that complies with applicable standards set forth in the Underwriters Laboratories Inc., Standard for Safety.
   2. The garage door opener must have a tactile garage door edge sensor, an optical sensor, or a similar device that when activated causes a closing door to open and prevent an open door from closing.
   3. The garage door opener must comply with federal labeling requirements.
   4. The garage door opener must include a set of installation, operation, maintenance, and testing instructions.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for, or installed in, a residence.
3. Requires that any person hired to service or repair any residential automatic garage door opener test the ability of the garage door to reverse upon contact with a rigid two-inch high obstacle. If the garage door opener fails this test, then a warning label must be attached to the opener.
4. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that fails this test.

This bill:

1. Requires automatic garage door openers manufactured for sale, sold, purchased or installed in a residence in California on or after January 1, 2019 to include a backup battery that is designed to operate in the case of an electrical outage.
2. Applies to all automatic garage door openers manufactured for use in a residence and to any openers manufactured for commercial purposes, but sold for or installed in a residence.
3. Prohibits installation of a replacement residential garage door to an existing residential automatic garage door opener that does not have a backup battery that is designed to operate in the case of an electrical outage.

COMMENTS

1. Purpose. The author states that the 2017 Northern California wildfires were the most deadly in California’s history, killing 43 people and forcing thousands to evacuate from their homes. It has been reported that at least five of these people lost their lives during the evacuation because they could not get out of their garages during the power outages. As strong winds accelerate the spread of wildfires, utilities oftentimes pre-emptively shut off the power to prevent a falling line from igniting new fires. Cutting power increases the risk of residents being blocked by their garage doors, which do not operate during an outage. Requiring that automatic garage door openers manufactured for sale or installation include a backup battery will assist California residents in safely evacuating their residence during a planned or unplanned evacuation.
2. Background. In the early 1990s, the California Legislature passed AB 3600 (Polanco, Chapter 1336, Statutes of 1990), which required automatic garage door openers to be manufactured with an automatic reverse safety device and sensor to protect young children from being trapped under garage doors. Congress followed by mandating similar entrapment protection requirements for all automatic residential garage door openers manufactured for the United States after 1993.
3. What Is A Backup Battery? Backup batteries for garage door openers are small, 12-volt battery units that the opener uses for power when an outage occurs. These can be installed inside the motor housing of the opener, or placed on top. These batteries can recharge and typically need to be replaced every 3 years. A fully charged battery is designed to provide 24 hours of standby time during which it can run the garage door opener up to 20 full open and close cycles.
4. Backup Batteries Can Save Lives. Garage doors can be an unexpected obstacle in the event of an emergency evacuation, especially during wildfires when the power is either cut preemptively or fails. With no electricity, automatic garage doors do not operate and must be opened manually. This can be difficult for most people and impossible for the elderly and disabled. Reports from the 2017 Northern California fires recounted stories of neighbors stopping to help raise garage doors, elderly people who didn’t have the strength to manually open their garage door, and a mother who struggled to get her disabled son into a car because their custom van was in the garage they couldn’t open. Backup batteries can provide a safeguard so that automatic garage doors work without interruption during an electrical outage, allowing for the quick and safe evacuation from homes.
5. At What Cost? Currently, many popular brands of garage door openers have the option of including a backup battery on their devices. Depending on the model, it can cost between $20-100 to add a backup battery to an existing door opener. Older automatic garage door openers may not have the capacity to be connected to a backup battery. The cost of a new garage door opener with a backup battery is between $150-350, depending on the model. The additional cost of the backup battery has discouraged the use of this readily available technology.
6. Implementation Timeframe. This bill would affect new automatic garage door openers manufactured for and available for sale in California starting in 2019. However, it will likely take a while for the bill to spur widespread adoption of backup batteries in existing garage door openers. Many Californians will not do this voluntarily, and are not required to under this bill, unless they are replacing their garage doors or garage door openers.
7. Triple Referral. This bill has also been referred to the Committee on Judiciary and Appropriations.

Related Legislation:

AB 3600 (Polanco, Chapter 1336, Statutes of 1990) – requires automatic reverse safety device and sensor on automatic garage door openers in California.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

March 28, 2018.)

SUPPORT:

Consumer Federation of California (sponsor)

California Alliance of Retired Americans

City of Santa Rosa

Congress of California Seniors

Napa County

Sonoma County

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION:

None received.

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