I 

112TH CONGRESS 

2D SESSION H. R. 4326 

To direct the Consumer Product Safety Commission 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. MATHESON (for himself, Mr. BASS of New Hampshire, Mr. BILBRAY, Mr. 

BUTTERFIELD, Mr. COBLE, and Mrs. NAPOLITANO) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on House Administration, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Consumer Product Safety Commission 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 4326 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Residential Carbon 

3 Monoxide Poisoning Prevention Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Carbon monoxide is a colorless, odorless gas 

7 produced by burning any fuel. Exposure to 

8 unhealthy levels of carbon monoxide can lead to car9 bon monoxide poisoning, a serious health condition 

10 that could result in death. 

11 (2) Unintentional carbon monoxide poisoning 

12 from motor vehicles and the abnormal operation of 

13 fuel-burning appliances, such as furnaces, water 

14 heaters, portable generators, and stoves, in residen15 tial homes and other dwelling units kills more than 

16 400 people each year and sends more than 20,000 

17 to hospital emergency rooms for treatment. 

18 (3) Research shows that purchasing and install19 ing carbon monoxide alarms close to the sleeping 

20 areas in residential homes and other dwelling units 

21 can help avoid fatalities. 

22 (4) Congress should promote the purchase and 

23 installation of carbon monoxide alarms in residential 

24 homes and dwelling units nationwide in order to pro25 mote the health and public safety of citizens 

26 throughout the Nation. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 4326 IH

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROVED CARBON MONOXIDE ALARM.— 

4 The term ‘‘approved carbon monoxide alarm’’ means 

5 a carbon monoxide alarm that complies with the 

6 standards published, incorporated, or amended by 

7 the Commission with respect to such alarms under 

8 this Act. 

9 (2) CARBON MONOXIDE ALARM.—The term 

10 ‘‘carbon monoxide alarm’’ means a device that— 

11 (A) detects carbon monoxide; and 

12 (B) is intended to alarm at carbon mon13 oxide concentrations below those that could 

14 cause a loss of ability to react to the dangers 

15 of carbon monoxide exposure. 

16 (3) COMMISSION.—The term ‘‘Commission’’ 

17 means the Consumer Product Safety Commission. 

18 (4) DWELLING UNIT.—The term ‘‘dwelling 

19 unit’’ means a room or suite of rooms used for 

20 human habitation, and includes a single family resi21 dence as well as each living unit of a multiple family 

22 residence (including apartment buildings) and each 

23 living unit in a mixed use building. 

24 (5) FIRE CODE ENFORCEMENT OFFICIALS.— 

25 The term ‘‘fire code enforcement officials’’ means ofVerDate Mar 15 2010 23:22 Apr 05, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4326.IH H4326

srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 4326 IH

1 ficials of the fire safety code enforcement agency of 

2 a State or local government. 

3 (6) NFPA 720.—The term ‘‘NFPA 720’’ 

4 means— 

5 (A) the Standard for the Installation of 

6 Carbon Monoxide Detection and Warning 

7 Equipment issued by the National Fire Protec8 tion Association in 2012; and 

9 (B) any amended or similar successor 

10 standard pertaining to the proper installation of 

11 carbon monoxide alarms in dwelling units. 

12 SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY 

13 RULES. 

14 (a) MANDATORY STANDARDS.—Notwithstanding any 

15 other provision of law, not later than 90 days after the 

16 date of the enactment of this Act, the Commission shall 

17 publish in the Federal Register as mandatory consumer 

18 product safety standards the American National Standard 

19 for Single and Multiple Station Carbon Monoxide Alarms 

20 (ANSI/UL 2034) and the American National Standard for 

21 Gas and Vapor Detectors and Sensors (ANSI/UL 2075). 

22 Such mandatory consumer product safety standards shall 

23 take effect 180 days after they are published. 

24 (b) REVISION OF STANDARDS.—Beginning 1 year 

25 after the date of the enactment of this Act, if either standVerDate Mar 15 2010 23:22 Apr 05, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4326.IH H4326

srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 4326 IH

1 ard described in subsection (a) is revised through the ap2 plicable consensus standards development process, Under3 writers Laboratories shall notify the Commission of the 

4 revision and the revision shall be incorporated in the con5 sumer product safety rule unless, not later than 60 days 

6 after such notice, the Commission determines that such 

7 revision does not carry out the purposes of this Act and 

8 publishes the basis for such a determination in the Federal 

9 Register. 

10 (c) RULEMAKING.—Notwithstanding any other provi11 sion of this Act, the Commission, at any time subsequent 

12 to publication of the consumer product safety standards 

13 required by subsection (a), may initiate a rulemaking in 

14 accordance with section 553 of title 5, United States Code, 

15 to amend either standard to include any provision that the 

16 Commission determines is reasonably necessary to ensure 

17 the safe and effective operation of carbon monoxide 

18 alarms. 

19 (d) TREATMENT OF STANDARDS FOR PURPOSES OF

20 ENFORCEMENT.—For purposes of enforcement under the 

21 Consumer Product Safety Act, the standards published by 

22 the Commission pursuant to subsection (a), including any 

23 revision to such standards pursuant to subsection (b) or 

24 (c), shall be consumer product safety rules as defined in 

25 section 3(a)(6) of such Act (15 U.S.C. 2052(a)(6)). 


srobinson on DSK4SPTVN1PROD with BILLS
6 

•HR 4326 IH

1 SEC. 5. GRANT PROGRAM FOR CARBON MONOXIDE POI2 SONING PREVENTION. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations authorized under subsection (f), the Commis5 sion shall establish a grant program to provide assistance 

6 to eligible States and local governments to carry out the 

7 carbon monoxide poisoning prevention activities described 

8 in subsection (d). 

9 (b) ELIGIBILITY.—To be eligible for a grant under 

10 the program, a State or local government shall— 

11 (1) demonstrate to the satisfaction of the Com12 mission that a State or local government has adopt13 ed a statute, or a State or local government agency 

14 has adopted a rule, regulation, or similar measure 

15 with the force and effect of law, requiring approved 

16 carbon monoxide alarms to be installed in dwelling 

17 units in accordance with NFPA 720; and 

18 (2) submit an application to the Commission at 

19 such time, in such form, and containing such addi20 tional information as the Commission may require, 

21 which application may be filed on behalf of any 

22 qualified State or local government by the fire code 

23 enforcement officials for such State or local govern24 ment. 

25 (c) GRANT AMOUNT; PRIORITY.—The Commission 

26 shall determine the amount of the grants awarded under 


srobinson on DSK4SPTVN1PROD with BILLS
7 

•HR 4326 IH

1 this section, and shall give priority to applications from 

2 States or local governments that— 

3 (1) require approved carbon monoxide alarms to 

4 be installed in each existing dwelling unit— 

5 (A) within which a fuel-burning appliance 

6 is installed, including a furnace, boiler, water 

7 heater, fireplace, or any other apparatus, appli8 ance, or device that burns fuel; or 

9 (B) which has an attached garage; 

10 (2) propose to serve vulnerable populations such 

11 as children, the elderly, or low-income households; 

12 and 

13 (3) demonstrate greater than average losses of 

14 life from carbon monoxide poisoning in the home. 

15 (d) USE OF FUNDS.—A State receiving a grant under 

16 this section may use grant funds— 

17 (1) to purchase and install approved carbon 

18 monoxide alarms in the dwelling units of low-income 

19 families or elderly persons, facilities that commonly 

20 serve children or the elderly, including childcare fa21 cilities, public schools, and senior centers, or student 

22 dwelling units owned by public universities; 

23 (2) to train State or local fire code enforcement 

24 officials in the proper enforcement of State or local 

25 laws concerning approved carbon monoxide alarms 


srobinson on DSK4SPTVN1PROD with BILLS
8 

•HR 4326 IH

1 and the installation of such alarms in accordance 

2 with NFPA 720; 

3 (3) for the development and dissemination of 

4 training materials, instructors, and any other costs 

5 related to the training sessions authorized by this 

6 subsection; and 

7 (4) to educate the public about the risk associ8 ated with carbon monoxide as a poison and the im9 portance of proper carbon monoxide alarm use. 

10 (e) LIMITATION ON USE OF FUNDS.— 

11 (1) ADMINISTRATIVE COSTS.—Not more than 

12 10 percent of any grant funds received under this 

13 section may be used to cover administrative costs 

14 not directly related to training described in sub15 section (d)(2). 

16 (2) PUBLIC OUTREACH.—Not more than 25 

17 percent of any grant funds received under this sec18 tion may be used to cover costs of activities de19 scribed in subsection (d)(4). 

20 (f) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) AUTHORIZATION.—There is authorized to 

22 be appropriated to the Commission, for each of fiscal 

23 years 2012 through 2016, $2,000,000, which shall 

24 remain available until expended to carry out this 

25 Act. Any amounts appropriated pursuant to this 


srobinson on DSK4SPTVN1PROD with BILLS
9 

•HR 4326 IH

1 subsection that remain unexpended and unobligated 

2 on September 30, 2015, shall be retained by the 

3 Commission and credited to the appropriations ac4 count that funds the enforcement of the Consumer 

5 Product Safety Act. 

6 (2) OFFSET.—There is authorized to be appro7 priated to the Government Printing Office for each 

8 of fiscal years 2012 through 2016 the amount that 

9 is $2,000,000 less than the amount appropriated for 

10 such Office for fiscal year 2012. 

11 (g) COMMISSION REPORT.—Not later than 1 year 

12 after the last day of each fiscal year for which grants are 

13 awarded under this section, the Commission shall submit 

14 a report to Congress that evaluates the implementation 

15 of the grant program authorized under this section. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS