U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–179 

Calendar No. 323 

NICHOLAS AND ZACHARY BURT MEMORIAL 

CARBON MONOXIDE POISONING PREVENTION ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1250 

DECEMBER 14, 2015.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 323 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–179 

NICHOLAS AND ZACHARY BURT MEMORIAL CARBON 

MONOXIDE POISONING PREVENTION ACT OF 2015 

DECEMBER 14, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1250] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1250) to encourage States to require 

the installation of residential carbon monoxide detectors in homes, 

and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1250, the Nicholas and Zachary Burt Memorial 

Carbon Monoxide Poisoning Prevention Act of 2015, is to establish 

a grant program to encourage States and tribal organizations to require the installation of residential carbon monoxide detectors in 

homes. 

BACKGROUND AND NEEDS

Carbon monoxide is an odorless, colorless, and toxic gas. At lower 

levels of exposure, it can cause mild, flu-like symptoms. These 

symptoms include headaches, dizziness, disorientation, nausea, and 

fatigue. At higher levels, carbon monoxide poisoning can result in 

mental confusion, vomiting, loss of muscular coordination, loss of 

consciousness, and death. Carbon monoxide is produced by burning 

fuels such as coal, wood, charcoal, oil, kerosene, propane, or natural 

gas. Internal combustion engine-powered equipment like portable 

generators, cars, and lawn mowers also produce carbon monoxide. 

The Centers for Disease Control and Prevention (CDC) tracks 

carbon monoxide injury and death in the United States. Between 


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1 Ctrs. For Disease Control, Carbon Monoxide-Related Deaths—United States, 1999 – 2004, 

56 MORBIDITY AND MORTALITY WEEKLY REPORT 1309 (2007), available at http:// 

www.cdc.gov/mmwr/preview/mmwrhtml/mm6303a6.htm. 2Shahed Iqbal, Hospital Burden of Unintentional Carbon Monoxide Poisoning in the United 

States, 30 Am. J. Emerg. Med. 657 (2012). 3 Ctrs. For Disease Control, Unintentional Non-fire Related Carbon Monoxide ExposuresUnited States, 2001–2003, 54 MORBIDITY AND MORTALITY WEEKLY REPORT 36 (2005). 4 Nt’l Ass’n of State Fire Marshals, Resolution to Support Initiatives Requiring Residential 

Carbon Monoxide Detection Devices to Meet the Applicable ANSI/UL Standard As a Mandatory 

Consumer Product Safety Regulation (2011) (on file with minority staff). 5See Nat’l Conference of State Legislatures, Carbon Monoxide Detectors State Statutes (Mar. 

5, 2015) (State-by-State summary), available at http://www.ncsl.org/research/environment-andnatural-resources/carbon-monoxide-detectors-state-statutes.aspx. 

1999 through 2010, the CDC reported an average of 430 unintentional, non-fire related carbon monoxide poisoning deaths annually 

in the United States.1 In 2007, there were 221,304 emergency department visits for confirmed cases of unintentional, non-fire related carbon monoxide poisoning in the United States.2 One study 

found that the nonfatal exposures were found to occur in homes in 

64 percent of the cases and in public facilities and areas in 21 percent of the cases.3

The American National Standards Institute (ANSI) and Underwriters Laboratories (UL) publish voluntary consensus standards 

regarding carbon monoxide alarms. The ANSI/UL 2034 Standard 

for Single and Multiple Station Carbon Monoxide Alarms covers 

electrically operated single and multiple station carbon monoxide 

alarms intended for protection in ordinary indoor locations of dwelling units, including recreational vehicles, mobile homes, and recreational boats with enclosed accommodation spaces and cockpit 

areas. The ANSI/UL 2075 Standard for Gas and Vapor Detectors 

and Sensors covers toxic and combustible gas and vapor detectors 

and sensors intended to be portable or employed in indoor or outdoor locations. The National Fire Protection Association (NFPA) 

publishes a standard, NFPA 720, for the Installation of Carbon 

Monoxide Detection and Warning Equipment which contains requirements for the performance, installation, operation, inspection, 

testing, and maintenance of carbon monoxide detection and warning equipment. 

The Congressional Fire Services Institute has backed a resolution proposed by the National Association of State Fire Marshals 

to support requiring carbon monoxide devices that meet the ANSI/ 

UL standards and to encourage States to require the installation 

of such carbon monoxide devices in accordance with NFPA 720.4

As of March 5, 2015, 29 States have enacted statutes or codes to 

require carbon monoxide detector devices in certain residential 

buildings. State requirements vary, with some applying only to new 

homes and others to new and existing homes.5 For instance, Connecticut requires carbon monoxide detectors in all new construction, as do Georgia and New Hampshire, Oregon, Pennsylvania, 

Rhode Island, Utah, Vermont, Washington, and West Virginia. 

Florida also requires them in new construction, and in every room 

with a boiler. 

Illinois requires a carbon monoxide detector within 15 feet of 

every sleeping room. Massachusetts and Minnesota require a carbon monoxide detector within 10 feet of every sleeping room. Maryland requires them in new construction and all public school buildings. New Jersey requires them to be installed at occupancy. 


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6 Carbon mooxide alarm would be defined in the bill as a device or system that detects carbon 

monoxide; and is intended to alarm at carbon monoxide concentrations below those that could 

cause a loss of ability to react to the dangers of carbon monoxide exposure. 

New York amended its Fire Prevention and Building Code to require carbon monoxide detectors in new construction. North Carolina and West Virginia require them in every dwelling with a fossil 

fuel burning heater, fireplace, or attached garage. 

Texas requires carbon monoxide detectors in day care centers. 

Montana requires them in rental units. Wisconsin requires them in 

public buildings with sleeping areas. 

Delaware, Maryland, and Virginia prohibit tampering with carbon monoxide detectors installed by landlords. Tennessee requires 

carbon monoxide detectors in recreational vehicles that are rented 

or leased. 

SUMMARY OF PROVISIONS

S. 1250 would direct the Consumer Product Safety Commission 

(CPSC) to establish a grant program, subject to the availability of 

appropriations, to provide assistance to eligible States and tribal 

organizations to carry out carbon monoxide poisoning prevention 

activities. In order to be eligible, a State or tribal organization 

would need to demonstrate to the satisfaction of the CPSC that the 

State or tribal organization has adopted a statute that requires 

compliant carbon monoxide detectors installed in accordance with 

NFPA 720, and to submit an application in a timely manner. In 

order to determine the amount of the grants awarded, S. 1250 

would obligate the CPSC to prioritize and give favorable consideration to applications from States and tribal organizations that meet 

specified criteria. The legislation would permit States or tribal organizations receiving grants to use funds to purchase and install 

carbon monoxide alarms6 in dwelling units of low-income families 

or elderly persons, childcare facilities, public schools, senior centers, or student dwelling units owned by public universities; train 

State or tribal fire code enforcement officials regarding compliance 

and installation; and educate the public about the risk of carbon 

monoxide poisoning. S. 1250 contains a limitation that not more 

than 5 percent of any grant award may be used to cover administrative costs not directly related to training of fire code enforcement officials in the proper enforcement of laws concerning carbon 

monoxide alarms and their installation. Additionally, S. 1250 contains a limitation that not more than 25 percent of any grant 

awarded may be used to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. 

S. 1250 would authorize appropriations of $2 million for each of 

fiscal year (FY) 2015 through FY 2019. The CPSC would determine 

the amount of the grants. Funds unexpended and unobligated on 

September 30, 2019, would be retained by the CPSC and credited 

to an account that funds the enforcement of the Consumer Product 

Safety Act (15 U.S.C. 2051 et seq.). 

S. 1250 would require the CPSC to submit a report to Congress 

that evaluates the implementation of the program not later than 

1 year after the last day of each FY for which grants are awarded 

under the program. 


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LEGISLATIVE HISTORY

Senators Klobuchar, Casey, and Schumer introduced S. 1250 on 

May 7, 2015. The bill also is cosponsored by Senators Blumenthal, 

Franken, and Menendez. On June 25, 2015, in an open Executive 

Session, the Committee considered the bill and reported S. 1250, as 

amended, favorably by voice vote. The Committee adopted a substitute amendment from Senator Klobuchar to make technical 

modifications to the bill and to limit grant recipients’ administrative expenses to 5 percent of grant monies awarded and to clarify 

that tribal organizations would be eligible to participate in the 

grant program. 

Similar legislation (S. 1793) was introduced by Senators Klobuchar, Casey, and Schumer in the 113th Congress. The Committee reported that bill favorably by voice vote on April 9, 2014. 

Similar legislation (S. 3343) was introduced by Senators Klobuchar and Snowe in the 112th Congress. That bill authorized the 

grant program in S. 1250, but in addition, S. 3342 also would have 

required the CPSC to publish the ANSI/UL voluntary standard for 

carbon monoxide alarms as a mandatory standard. S. 3342 would 

have made it unlawful for any manufacturer or distributor to import or distribute any new assembled or unassembled residential 

carbon monoxide detector unless it complies with the standard. 

Similar legislation (S. 1216) was introduced by Senator Klobuchar in the 111th Congress. S. 1216 would also have required 

the CPSC to issue a final rule on portable generators, requiring 

those devices to have an automatic shutoff feature, if technologically feasible. 

The Subcommittee on Consumer Protection, Product Safety, and 

Insurance of the Committee on Commerce, Science, and Transportation of the Senate previously held a hearing on carbon monoxide 

poisoning in the 111th Congress on December 17, 2009 (S. Hrg. 

111–520). 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1250—Nicholas and Zachary Burt Memorial Carbon Monoxide 

Poisoning Prevention Act of 2015 

Summary: S. 1250 would authorize the appropriation of funds for 

the Consumer Product Safety Commission (CPSC) to award grants 

to states and tribal governments for activities related to preventing 

carbon monoxide poisoning. The CPSC also would be required to 

report to the Congress on the implementation of the grant program. Based on the spending patterns for similar grants, CBO estimates that implementing the bill would cost $8 million over the 

2016–2020 period, assuming appropriation of the specified 

amounts. Enacting this legislation would not affect direct spending 

or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1250 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 


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Estimated cost to the Federal Government: The estimated budgetary impact of S. 1250 is shown in the following table. The costs 

of this legislation fall within budget function 550 (health). 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ................................................................................... 2 2 2 2 0 8 

Estimated Outlays .................................................................................... 1 1 2 2 2 8 

Basis of estimate: For this estimate, CBO expects that S. 1250 

will be enacted near the end of fiscal year 2015, that the Congress 

will appropriate the authorized amounts for each year beginning in 

2016, and that spending will follow the historical patterns for similar programs. S. 1250 would authorize the appropriation of $2 million per year 

over the 2015–2019 period for the CPSC to award grants to states 

and tribal governments for activities related to preventing carbon 

monoxide poisoning. Such activities would include purchasing and 

installing carbon monoxide alarms; training fire code enforcement 

officials; developing and disseminating training materials; and educating the public about the risks associated with carbon monoxide. 

The bill also would direct the agency to evaluate the implementation of the grant program no later than one year after the final 

grant is awarded. 

Based on the expenditure patterns of similar programs, such as 

the Lead Hazard Reduction Demonstration Grant Program of the 

Department of Housing and Urban Development, CBO estimates 

that implementing S. 1250 would cost $8 million over the 2016– 

2020 period. 

Pay-As-You-Go considerations: None. 

Intergovernmental and private-sector impact: S. 1250 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impost no costs on state, local, or tribal governments. 

State, local, and tribal entities could benefit from grants authorized 

in the bill for activities that prevent carbon monoxide poisoning. 

Any costs associated with receiving such grants would be incurred 

voluntarily as a condition of receiving federal assistance. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: J’nell Blanco Suchy; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Holly Harvey, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The legislation would direct the CPSC to establish a grant program for States and tribal organizations that require the installation of compliant carbon monoxide alarms in dwelling units and 

other eligible facilities. The grant program would further aid States 


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and tribal organizations in training and educational programs with 

regard to carbon monoxide poisoning and prevention. 

ECONOMIC IMPACT

This legislation is not expected to have an adverse economic impact on the Nation. 

PRIVACY

S. 1250 would not have a negative impact on the personal privacy of individuals. 

PAPERWORK

S. 1250 would create a new reporting requirement for the CPSC. 

The CPSC would be directed to submit a report to Congress that 

evaluates the implementation of the program not later than one 

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

awarded. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

Section 1 would designate the short title of this bill as the ‘‘Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2015.’’ 

Section 2. Findings. 

Section 2 would provide the findings of Congress, including the 

dangers of carbon monoxide poisoning and the utility of carbon 

monoxide alarms. 

Section 3. Definitions. 

Section 3 would define terms used throughout the bill. The most 

notable terms are ‘‘carbon monoxide alarm,’’ ‘‘compliant carbon 

monoxide alarm,’’ and ‘‘dwelling unit.’’ 

A ‘‘carbon monoxide alarm’’ would mean a device or system that 

detects carbon monoxide and that is intended to alarm consumers 

of carbon monoxide at concentration levels below those that could 

cause a loss of ability to react to the dangers of carbon monoxide 

exposure. 

A ‘‘compliant carbon monoxide alarm’’ would mean one that complies with the most current version of the American National 

Standard for Single and Multiple Station Carbon Monoxide Alarms 

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

Vapor Detectors and Sensors (ANSI/UL 2075). 

A ‘‘dwelling unit’’ would mean a room or suite of rooms used for 

human habitation, and would include a single-family as well as 

each living unit of a multiple-family residence (including apartment buildings) and each living unit in a mixed use building. 


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Section 4. Grant program for carbon monoxide poisoning prevention. 

Section 4 would direct the CPSC to establish, subject to appropriations, a grant program for States and tribal organizations that 

have adopted a statute or regulation requiring complaint carbon 

monoxide alarms be installed in dwelling units and other eligible 

facilities. 

Section 4 would authorize an appropriation of $2 million for each 

of FY 2015 through FY 2019 to the CPSC to carry out this Act. No 

more than 10 percent of funds appropriated may be used for administrative purposes. 

The CPSC would determine grant amounts, giving priority to 

States or tribal organizations that: prioritize installation of compliant carbon monoxide alarms in new or existing facilities or dwelling units with fuel-burning appliances or attached garages; and 

have developed a strategy to protect vulnerable populations such as 

children, the elderly, or low-income household residents. 

Grants awarded under the program could be used for four purposes: (1) to purchase and install compliant carbon monoxide 

alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly (including child care facilities, public schools, and senior centers), or student dwelling units owned by public universities; (2) to train fire 

code enforcement personnel; (3) to create training materials; and 

(4) to educate the public about the risks associated with carbon 

monoxide poisoning. 

Section 4 contains a limitation that not more than 5 percent of 

any grant received may be used to cover administrative costs not 

directly related to training of fire code enforcement officials in the 

proper enforcement of laws concerning carbon monoxide alarms 

and their installation. No more than 25 percent of any grant funds 

could be used to educate the public about the risk associated with 

carbon monoxide as a poison and the importance of proper carbon 

monoxide alarm use. 

Section 4 would require the CPSC to submit a report to Congress 

that evaluates the implementation of the program not later than 

1 year after the last day of each FY for which grants are awarded 

under the program. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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