IB 

Union Calendar No. 330 

111TH CONGRESS 

2D SESSION H. R. 1796 

[Report No. 111–573] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2009 

Mr. MATHESON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

JULY 27, 2010 

Additional sponsors: Mr. SHULER, Ms. KILPATRICK of Michigan, Mr. NYE, 

Ms. SCHAKOWSKY, Mr. MCGOVERN, Mr. SESTAK, Mr. HIGGINS, Ms. 

SUTTON, and Ms. CASTOR of Florida 

JULY 27, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 30, 2009] 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 1796 RH

A BILL 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 1796 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Carbon Monoxide Poi5 soning Prevention Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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

9 produced by burning any fuel. Exposure to unhealthy 

10 levels of carbon monoxide can lead to carbon mon11 oxide poisoning, a serious health condition that could 

12 result in death. 

13 (2) Unintentional carbon monoxide poisoning 

14 from motor vehicles and the abnormal operation of 

15 fuel-burning appliances, such as furnaces, water heat16 ers, portable generators, and stoves, in residential 

17 homes and other dwelling units kills more than 400 

18 people each year and sends more than 20,000 to hos19 pital emergency rooms for treatment. 

20 (3) Research shows that purchasing and install21 ing carbon monoxide alarms close to the sleeping 

22 areas in residential homes and other dwelling units 

23 can help avoid fatalities. 

24 (4) Congress should promote the purchase and 

25 installation of carbon monoxide alarms in residential 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 1796 RH

1 homes and dwelling units nationwide in order to pro2 mote the health and public safety of citizens through3 out the Nation. 

4 SEC. 3. DEFINITIONS. 

5 For purposes of this Act, the following definitions 

6 apply: 

7 (1) The term ‘‘approved carbon monoxide 

8 alarm’’ means a carbon monoxide alarm that com9 plies with the standards published, incorporated, or 

10 amended by the Commission with respect to such 

11 alarms pursuant to this Act. 

12 (2) The term ‘‘carbon monoxide alarm’’ means a 

13 device that detects carbon monoxide and sounds a dis14 tinctive audible alert before concentrations of carbon 

15 monoxide reach levels that would cause symptoms of 

16 carbon monoxide poisoning. 

17 (3) The term ‘‘Commission’’ means the Consumer 

18 Product Safety Commission. 

19 (4) The term ‘‘dwelling unit’’ means a room or 

20 suite of rooms used for human habitation, and in21 cludes a single family residence as well as each living 

22 unit of a multiple family residence (including apart23 ment buildings) and each living unit in a mixed use 

24 building. 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 1796 RH

1 (5) The term ‘‘fire code enforcement officials’’ 

2 means officials of the fire safety code enforcement 

3 agency of a State or local government. 

4 (6) The term ‘‘NFPA 720’’ means the Standard 

5 for the Installation of Carbon Monoxide Warning 

6 Equipment in Dwelling Units issued by the National 

7 Fire Protection Association in 2008, and any amend8 ed or similar successor standard pertaining to the 

9 proper installation of carbon monoxide alarms in 

10 dwelling units. 

11 SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY RULES. 

12 (a) MANDATORY STANDARDS.—Notwithstanding any 

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

14 of enactment of this Act, the Commission shall publish in 

15 the Federal Register as mandatory consumer product safety 

16 standards the American National Standard for Single and 

17 Multiple Station Carbon Monoxide Alarms (ANSI/UL 

18 2034) and the American National Standard for Gas and 

19 Vapor Detectors and Sensors (ANSI/UL 2075). Such man20 datory consumer product safety standards shall take effect 

21 180 days after they are published. 

22 (b) REVISION OF STANDARDS.—Beginning 1 year after 

23 the date of enactment of this Act, if either standard de24 scribed in subsection (a) is revised through the applicable 

25 consensus standards development process, Underwriters 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•HR 1796 RH

1 Laboratories shall notify the Commission of the revision 

2 and the revision shall be incorporated in the consumer 

3 product safety rule unless, within 60 days of such notice, 

4 the Commission determines that such revision does not 

5 carry out the purposes of this Act and publishes the basis 

6 for such a determination in the Federal Register. 

7 (c) RULEMAKING.—Notwithstanding any other provi8 sion of this Act, the Commission may, at any time subse9 quent to publication of the consumer product safety stand10 ards required by subsection (a), initiate a rulemaking in 

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

12 to amend either standard to include any provision that the 

13 Commission determines is reasonably necessary to ensure 

14 the safe and effective operation of carbon monoxide alarms. 

15 (d) TREATMENT OF STANDARDS FOR PURPOSES OF

16 ENFORCEMENT.—For purposes of enforcement under the 

17 Consumer Product Safety Act, the standards published by 

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

19 revision to such standards pursuant to subsection (b) or (c), 

20 shall be consumer product safety rules as defined in section 

21 3(a)(6) of such Act (15 U.S.C. 2052(a)(6)). 

22 SEC. 5. REPORT TO CONGRESS. 

23 Not later than 1 year after the date of enactment of 

24 this Act, the Commission shall complete a study to evaluate 

25 whether requiring a language or languages in addition to 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•HR 1796 RH

1 English would improve the effectiveness of the label required 

2 of manufacturers of portable generators by the Commission 

3 under part 1407 of title 16, Code of Federal Regulations, 

4 to warn consumers of carbon monoxide hazards. 

5 SEC. 6. GRANT PROGRAM FOR CARBON MONOXIDE POI6 SONING PREVENTION. 

7 (a) IN GENERAL.—Subject to the availability of appro8 priations authorized by subsection (f), the Commission shall 

9 establish a grant program to provide assistance to eligible 

10 States and local governments to carry out the carbon mon11 oxide poisoning prevention activities in subsection (d). 

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

13 program, a State or local government shall— 

14 (1) demonstrate to the satisfaction of the Com15 mission that a State or local government has adopted 

16 a statute, or a State or local government agency has 

17 adopted a rule, regulation, or similar measure with 

18 the force and effect of law, requiring approved carbon 

19 monoxide alarms to be installed in accordance with 

20 NFPA 720 in dwelling units; and 

21 (2) submit an application to the Commission at 

22 such time, in such form, and containing such addi23 tional information as the Commission may require, 

24 which application may be filed on behalf of any 

25 qualified State or local government by the fire code 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•HR 1796 RH

1 enforcement officials for such State or local govern2 ment. 

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

4 shall determine the amount of the grants awarded under 

5 this section, and shall give priority to applications from 

6 States or local governments that— 

7 (1) require approved carbon monoxide alarms to 

8 be installed in each existing dwelling unit— 

9 (A) within which a fuel-burning appliance 

10 is installed, including a furnace, boiler, water 

11 heater, fireplace, or any other apparatus, appli12 ance, or device that burns fuel; or 

13 (B) which has an attached garage; 

14 (2) propose to serve vulnerable populations such 

15 as children, the elderly, or low-income households; and 

16 (3) demonstrate greater than average losses of life 

17 from carbon monoxide poisoning in the home. 

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

19 this section may use grant funds— 

20 (1) to purchase and install approved carbon 

21 monoxide alarms in the dwelling units of low-income 

22 families or elderly persons, facilities that commonly 

23 serve children or the elderly, including childcare fa24 cilities, public schools, and senior centers, or student 

25 dwelling units owned by public universities; 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•HR 1796 RH

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

2 officials in the proper enforcement of State or local 

3 laws concerning approved carbon monoxide alarms 

4 and the installation of such alarms in accordance 

5 with NFPA 720; 

6 (3) for the development and dissemination of 

7 training materials, instructors, and any other costs 

8 related to the training sessions authorized by this sub9 section; and 

10 (4) to educate the public about the risk associ11 ated with carbon monoxide as a poison and the im12 portance of proper carbon monoxide alarm use. 

13 (e) LIMITATION ON USE OF FUNDS.— 

14 (1) ADMINISTRATIVE COSTS.—No more than 10 

15 percent of any grant funds may be used to cover ad16 ministrative costs not directly related to training de17 scribed in paragraph (2) of subsection (d). 

18 (2) PUBLIC OUTREACH.—No more than 25 per19 cent of any grant may be used to cover costs of activi20 ties described in paragraph (4) of subsection (d). 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to the Commission 

23 $2,000,000 for each of fiscal years 2011 through 2015 to 

24 carry out this Act, such sums to remain available until ex25 pended. Any amounts appropriated pursuant to this paraVerDate Mar 15 2010 23:57 Jul 27, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1796.RH H1796

smartinez on DSKB9S0YB1PROD with BILLS
10 

•HR 1796 RH

1 graph that remain unexpended and unobligated at the end 

2 of fiscal year 2015 shall be retained by the Commission and 

3 credited to the appropriations account that funds enforce4 ment of the Consumer Product Safety Act. 

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

6 the last day of each fiscal year for which grants are made 

7 under this section, the Commission shall submit to Congress 

8 a report evaluating the implementation of the grant pro9 gram authorized by this section. 


smartinez on DSKB9S0YB1PROD with BILLS

smartinez on DSKB9S0YB1PROD with BILLS
Union Calendar No. 330 

111TH CONGRESS 

2D SESSION H. R. 1796 

[Report No. 111–573] 

A BILL 

To amend the Consumer Product Safety Act to repurposes. tion of such detectors in homes, and for other rule, to encourage States to require the installa- ing that standard as a consumer product safety meet the applicable ANSI/UL standard by treat- quire residential carbon monoxide detectors to 

JULY 27, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


smartinez on DSKB9S0YB1PROD with BILLS