S 3660 ISCommentsClose CommentsPermalink

To require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require residential carbon monoxide detectors, and for other purposes.CommentsClose CommentsPermalink

October 1 (legislative day, SEPTEMBER 17), 2008CommentsClose CommentsPermalink

Ms. KLOBUCHAR (for herself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Residential Carbon Monoxide Poisoning Prevention Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death.CommentsClose CommentsPermalink





(2) Carbon monoxide poisoning from the use of fuel-burning appliances in residential homes and other dwelling units kills at least 2,000 people each year and sends more than 15,000 to hospital emergency rooms for treatment.CommentsClose CommentsPermalink





(3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities.CommentsClose CommentsPermalink





(4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation.CommentsClose CommentsPermalink

SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PRODUCT SAFETY RULE.

(a) In General- The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS.

‘(a) In General-CommentsClose CommentsPermalink





‘(1) MANDATORY STANDARD- Notwithstanding any other provision of law, within 90 days after the date of enactment of the Residential Carbon Monoxide Poisoning Prevention Act, the Consumer Product Safety Commission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034-2005). The standard shall take effect 180 days after it is published.CommentsClose CommentsPermalink





‘(2) COMPLIANCE WITH STANDARD- After the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled residential carbon monoxide detector unless it complies with the standard.CommentsClose CommentsPermalink





‘(3) VIOLATION- The failure to comply with paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act.CommentsClose CommentsPermalink





‘(4) OTHER TYPES OF CARBON MONOXIDE DETECTORS- Paragraph (2) does not apply to any carbon monoxide detector not covered by the standard as provided in section 1.4 of the standard.CommentsClose CommentsPermalink





‘(b) LABELING- Beginning 1 year after the date of enactment of the Residential Carbon Monoxide Poisoning Prevention Act, a manufacturer selling or offering for sale in the United States a residential carbon monoxide detector manufactured more than 1 year after the date of enactment of that Act, shall clearly identify on any container of the detector and on the detector its conformance with the requirements of the consumer product safety standard promulgated under subsection (a).CommentsClose CommentsPermalink





‘(c) Modification of Standard-CommentsClose CommentsPermalink





‘(1) ANSI REVISIONS- If the American National Standard ANSI/UL 34-2005 is revised through the applicable consensus standards development process after the date on which the product safety standard for residential carbon monoxide detectors is published in the Federal Register, the American National Standards Institute shall notify the Commission of the revision.CommentsClose CommentsPermalink





‘(2) COMMISSION ACTION- Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for residential carbon monoxide detectors to include any such revision that the Commission determines is reasonably related to the performance of such detectors, and notify the Institute of any revision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for such detectors within 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register.CommentsClose CommentsPermalink





‘(3) ADDITIONAL SAFETY REQUIREMENTS- Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for residential carbon monoxide detectors to include any additional provision that the Commission determines is reasonably necessary to ensure their safe and effective operation.CommentsClose CommentsPermalink





‘(4) CERTAIN PROVISIONS NOT APPLICABLE- Sections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Consumer Product Safety Act is amended by inserting after the item relating to section 42 the following:CommentsClose CommentsPermalink





‘Sec. 43. Residential carbon monoxide detectors.’.CommentsClose CommentsPermalink

SEC. 4. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.

(a) SAFETY STANDARD: REQUIRING EQUIPMENT OF PORTABLE GENERATORS WITH CARBON MONOXIDE INTERLOCK SAFETY DEVICES- Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that--CommentsClose CommentsPermalink





(1) detects the level of carbon monoxide in the areas surrounding such portable generator; andCommentsClose CommentsPermalink





(2) automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people.CommentsClose CommentsPermalink





(b) LABELING AND INSTRUCTION REQUIREMENTS- Not later than 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following:CommentsClose CommentsPermalink





(1) WARNING LABELS- Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label in both English and Spanish on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ‘DANGER’ printed in a large font that is no smaller than 1 inch tall, and shall include the following information, at a minimum, presented in a clear manner:CommentsClose CommentsPermalink





(A) Indoor use of a portable generator can kill quickly.CommentsClose CommentsPermalink





(B) Portable generators should be used outdoors only and away from garages and open windows.CommentsClose CommentsPermalink





(C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell.CommentsClose CommentsPermalink





(2) PICTOGRAM- Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ‘OUTDOOR USE ONLY: EMITS POISONOUS GAS’ and visually depicts the harmful effects of breathing carbon monoxide.CommentsClose CommentsPermalink





(3) INSTRUCTION MANUAL- The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements:CommentsClose CommentsPermalink





(A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people.CommentsClose CommentsPermalink





(B) A warning that people cannot smell, see, or taste carbon monoxide.CommentsClose CommentsPermalink





(C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes.CommentsClose CommentsPermalink





(D) An instruction never to operate portable generators inside homes, garages, sheds, or other semi-enclosed spaces, even if a person runs a fan or opens doors and windows.CommentsClose CommentsPermalink





(E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor.CommentsClose CommentsPermalink





(c) REPORT- Not later than 120 days after the date of enactment of this Act, the Consumer Product Safety Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation that--CommentsClose CommentsPermalink





(1) reviews the effectiveness of its labeling requirements for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the windstorm that struck the Pacific Northwest beginning on December 14, 2006;CommentsClose CommentsPermalink





(2) identifies any specific challenges faced by non-English speaking populations with use of the current standards; andCommentsClose CommentsPermalink





(3) contains recommendations for improving the labels on charcoal briquettes.CommentsClose CommentsPermalink

SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE ALARMS.

(a) State Approved Carbon Monoxide Alarm Grant Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to the availability of appropriations authorized by subsection (d), the Consumer Product Safety Commission shall establish a grant program to provide assistance to eligible States to carry out a carbon monoxide alarm program.CommentsClose CommentsPermalink





(2) ELIGIBILITY- To be eligible for a grant under the program, a State shall--CommentsClose CommentsPermalink





(A) demonstrate to the satisfaction of the Commission that the State has adopted a statute, or a State agency has adopted a state-wide rule, regulation, or similar measure with the force and effect of law, requiring the inclusion of approved carbon monoxide alarms installed in accordance with NFPA 720 in all commercial residential dwelling units and all new dwelling unit construction and providing penalties for failure to include such alarms; andCommentsClose CommentsPermalink





(B) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require. The application may be filed on behalf of any qualified State by the fire code enforcement officials for such State.CommentsClose CommentsPermalink





(3) GRANT AMOUNT; PRIORITY- The Commission shall determine the amount of the grants awarded under this section, and shall give priority to--CommentsClose CommentsPermalink





(A) multi-state applications (including those made by a nonprofit organization representing fire code enforcement officials on behalf of more than 1 State) if all participating States meet the requirements of this paragraph; andCommentsClose CommentsPermalink





(B) States demonstrating greater than average losses of life from carbon monoxide poisoning in the home.CommentsClose CommentsPermalink





(4) USE OF FUNDS- A State receiving a grant under this section may use grant funds--CommentsClose CommentsPermalink





(A) to train that State’s fire code enforcement officials in the proper enforcement of State laws concerning approved carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720;CommentsClose CommentsPermalink





(B) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this paragraph; andCommentsClose CommentsPermalink





(C) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use.CommentsClose CommentsPermalink





(5) Limitation on use of funds-CommentsClose CommentsPermalink





(A) ADMINISTRATIVE COSTS- No more than 10 percent of any grant funds may be used to cover administrative costs not directly related to training described in paragraph (4)(A).CommentsClose CommentsPermalink





(B) PUBLIC OUTREACH- No more than 25 percent of any grant may be used to cover costs of activities described in paragraph (4)(C).CommentsClose CommentsPermalink





(b) DEFINITIONS- In this section:CommentsClose CommentsPermalink





(1) APPROVED CARBON MONOXIDE ALARM- The term ‘approved carbon monoxide alarm’ means a carbon monoxide alarm that complies with the standards, whether voluntary or mandatory, issued, approved, or otherwise supported by the Commission with respect to such alarms, whether those standards have been developed unilaterally by the Commission or in conjunction with other parties.CommentsClose CommentsPermalink





(2) CARBON MONOXIDE ALARM- The term ‘carbon monoxide alarm’ means a device that detects the presence of carbon monoxide and sounds an alarm if the level of carbon monoxide detected by the device poses a health risk to persons within the vicinity of the device.CommentsClose CommentsPermalink





(3) COMMISSION- The term ‘Commission’ means the Consumer Product Safety Commission.CommentsClose CommentsPermalink





(4) DWELLING UNIT- The term ‘dwelling unit’ means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building.CommentsClose CommentsPermalink





(5) FIRE CODE ENFORCEMENT OFFICIALS- The term ‘fire code enforcement officials’ means officials of the Fire Safety Code Enforcement Agency of a State.CommentsClose CommentsPermalink





(6) NFPA 720- The term ‘NFPA 720’ means the Standard for the Installation of Carbon Monoxide (CO) Warning Equipment in Dwelling Units issued by the National Fire Protection Association in 2005 and any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units.CommentsClose CommentsPermalink





(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Commission for each of fiscal years 2009 through 2013 $2,000,000 to carry out this subsection, such sums to remain available until expended. Any amounts appropriated pursuant to this paragraph that remain unexpended and unobligated at the end of fiscal year 2013 shall be retained by the Commission and credited to the appropriations account that funds enforcement of the Consumer Products Safety Act.CommentsClose CommentsPermalink





(d) COMMISSION REPORT- Not later than 1 year after the last day of each fiscal year for which grants are made under this section, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by this section.CommentsClose CommentsPermalink