Backup Batteries Required For New Garage Door Openers
Senate
Bill No. 969 CHAPTER 621 An act to amend Section 19891 of, and to add
Section 19892 to, the Health and Safety Code, relating to automatic
garage door openers. [ Approved by Governor September 21, 2018. Filed
with Secretary of State September 21, 2018. ] LEGISLATIVE COUNSEL'S
DIGEST SB 969, Dodd. Automatic garage door openers: backup batteries.
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. Digest Key Vote: MAJORITY
Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The
people of the State of California do enact as follows: SECTION 1.
Section 19891 of the Health and Safety Code is amended to read: 19891.
(a) In addition to any other remedies permitted by law, any violations
of subdivision (a), (b), or (c) of Section 19890 or Section 19892 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 with Section 19890 or 19892. (b) 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 with Section 19890. (c) In addition to any other remedies
permitted by law, a seller who violates the notice requirements of
Section 1102.6 of the Civil Code, relating to automatic garage door
openers, shall be subject to a civil penalty of five hundred dollars
($500). (d) Court proceedings 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 to enforce this chapter to offset the costs to the
agency related to court proceedings. If an affected consumer initiates
the proceeding, the civil penalties shall be payable to the consumer.
SEC. 2. Section 19892 is added to the Health and Safety Code, to read:
19892. (a) On or after July 1, 2019, no person, corporation, or entity
shall manufacture for sale in this state, 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 because of 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. (b) This section applies to all automatic garage door
openers manufactured and sold for use in any residence and other
residential applications of automatic garage door openers manufactured
for commercial purposes. (c) On or after July 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 requirements set forth in subdivision (a),
regardless of the date of manufacture of the residential automatic
garage door opener.