19890-19891
HEALTH AND SAFETY CODE
SECTION 19890-19891
19890. (a) On or after January 1, 1991, 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 that does not have an
automatic reverse safety device that complies with the applicable
standards set forth in the Underwriters Laboratories Inc., Standard
for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition, as revised
May 4, 1988.
(b) In addition to the requirements of subdivision (a), on or
after January 1, 1993, 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, any residential
automatic garage door opener unless, 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. Notwithstanding
any other provision of this subdivision, a garage door opener that is
manufactured prior to January 1, 1993, and that is in the possession
of a retailer or wholesaler on January 1, 1993, may be purchased,
sold, offered for sale, and installed on or before July 1, 1993,
provided the garage door opener is in compliance with subdivision
(a).
(c) On or after January 1, 1991, any manufacturer selling or
offering for sale residential automatic garage door openers in this
state shall comply with federal labeling requirements for automatic
residential garage door openers contained in Section 203 of Public
Law 101-608.
(d) On and after January 1, 1991, any manufacturer, distributor,
wholesaler, or retailer, selling or offering for sale residential
automatic garage door openers in this state shall include with each
automatic garage door opener a set of installation, operation,
maintenance, and testing instructions. On or after January 1, 1991,
any person installing, servicing, or repairing a residential
automatic garage door opener shall comply with those instructions.
(e) On and after January 1, 1993, any person hired to service or
repair any residential automatic garage door opener shall, 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, a red certificate as follows:
WARNING!
This garage door opener, when tested on this date, did not reverse
upon contact with a two-inch high rigid obstacle placed on the
surface beneath the garage door, and may not be in compliance with
the safety standards relating to automatic reversing devices as set
forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of
Division 13 of the Health and Safety Code.
Address (location of ______________________
automatic garage ______________________
door opener): ______________________
Manufacturer (if known): ______________________
Date of manufacture ______________________
(if known): ______________________
Serial No. (if any): ______________________
Model No. (if any): ______________________
(signed) __________________ (date) _______________
(print name) _____________________________________
(firm name and address) __________________________
_______________________________
_
_______________________________
_
_______________________________
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(f) This chapter shall apply to all automatic garage door openers
manufactured and sold for use in any residence. This chapter 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 this chapter, and be installed according
to the manufacturer's instructions, except that the applicable
standard shall be the Underwriters Laboratories Inc., Standard for
Safety-ANSI/UL 325-29 in lieu of the Underwriters Laboratories Inc.,
Standard for Safety-ANSI/UL 325-30.1 and 325-30.2.
(g) For the purposes of this chapter:
(1) "Residential" shall define a device or structure that is part
of, affixed to, or associated with, a residence.
(2) "Residence" means a building that contains from one to four
single-family dwelling units.
(3) "Garage" means an enclosed and covered shelter for one or more
automobiles, that may be attached to, or detached from but
associated with, a residence. "Garage" does not include an unenclosed
automobile parking area nor an unenclosed, covered carport.
(4) "Garage door" means a structure that serves as an overhead,
vertical-moving barrier to the opening that serves as the automobile
entrance to the garage. "Garage door" does not include structures
that operate in a sliding or horizontal motion.
(h) 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.
19891. (a) 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 with Section 19890.
(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.