IIB 

111TH CONGRESS 

2D SESSION H. R. 1796 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on Commerce, Science, and 

Transportation 

AN ACT 

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. 


jdjones on DSKHWCL6B1PROD with BILLS
2 

HR 1796 RFS 

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 

10 unhealthy levels of carbon monoxide can lead to car11 bon monoxide poisoning, a serious health condition 

12 that could 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 

16 heaters, portable generators, and stoves, in residen17 tial homes and other dwelling units kills more than 

18 400 people each year and sends more than 20,000 

19 to hospital 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 


jdjones on DSKHWCL6B1PROD with BILLS
3 

HR 1796 RFS 

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

3 throughout 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 

13 a device that detects carbon monoxide and sounds a 

14 distinctive audible alert before concentrations of car15 bon monoxide reach levels that would cause symp16 toms of carbon monoxide poisoning. 

17 (3) The term ‘‘Commission’’ means the Con18 sumer 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. 


jdjones on DSKHWCL6B1PROD with BILLS
4 

HR 1796 RFS 

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 Stand5 ard for the Installation of Carbon Monoxide Warn6 ing Equipment in Dwelling Units issued by the Na7 tional Fire Protection Association in 2008, and any 

8 amended or similar successor standard pertaining to 

9 the proper installation of carbon monoxide alarms in 

10 dwelling units. 

11 SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY 

12 RULES. 

13 (a) MANDATORY STANDARDS.—Notwithstanding any 

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

15 date of enactment of this Act, the Commission shall pub16 lish in the Federal Register as mandatory consumer prod17 uct safety standards the American National Standard for 

18 Single and Multiple Station Carbon Monoxide Alarms 

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

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

21 Such mandatory consumer product safety standards shall 

22 take effect 180 days after they are published. 

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

24 after the date of enactment of this Act, if either standard 

25 described in subsection (a) is revised through the applicaVerDate Mar 15 2010 08:46 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1796.RFS H1796

jdjones on DSKHWCL6B1PROD with BILLS
5 

HR 1796 RFS 

1 ble consensus standards development process, Under2 writers Laboratories shall notify the Commission of the 

3 revision and the revision shall be incorporated in the con4 sumer product safety rule unless, within 60 days of such 

5 notice, the Commission determines that such revision does 

6 not carry out the purposes of this Act and publishes the 

7 basis for such a determination in the Federal Register. 

8 (c) RULEMAKING.—Notwithstanding any other provi9 sion of this Act, the Commission may, at any time subse10 quent to publication of the consumer product safety stand11 ards required by subsection (a), initiate a rulemaking in 

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

13 to amend either standard to include any provision that the 

14 Commission determines is reasonably necessary to ensure 

15 the safe and effective operation of carbon monoxide 

16 alarms. 

17 (d) TREATMENT OF STANDARDS FOR PURPOSES OF

18 ENFORCEMENT.—For purposes of enforcement under the 

19 Consumer Product Safety Act, the standards published by 

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

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

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

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


jdjones on DSKHWCL6B1PROD with BILLS
6 

HR 1796 RFS 

1 SEC. 5. REPORT TO CONGRESS. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Commission shall complete a study to 

4 evaluate whether requiring a language or languages in ad5 dition to English would improve the effectiveness of the 

6 label required of manufacturers of portable generators by 

7 the Commission under part 1407 of title 16, Code of Fed8 eral Regulations, to warn consumers of carbon monoxide 

9 hazards. 

10 SEC. 6. GRANT PROGRAM FOR CARBON MONOXIDE POI11 SONING PREVENTION. 

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations authorized by subsection (f), the Commission 

14 shall establish a grant program to provide assistance to 

15 eligible States and local governments to carry out the car16 bon monoxide poisoning prevention activities in subsection 

17 (d). 

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

19 the program, a State or local government shall— 

20 (1) demonstrate to the satisfaction of the Com21 mission that a State or local government has adopt22 ed a statute, or a State or local government agency 

23 has adopted a rule, regulation, or similar measure 

24 with the force and effect of law, requiring approved 

25 carbon monoxide alarms to be installed in accord26 ance with NFPA 720 in dwelling units; and 


jdjones on DSKHWCL6B1PROD with BILLS
7 

HR 1796 RFS 

1 (2) submit an application to the Commission at 

2 such time, in such form, and containing such addi3 tional information as the Commission may require, 

4 which application may be filed on behalf of any 

5 qualified State or local government by the fire code 

6 enforcement officials for such State or local govern7 ment. 

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

9 shall determine the amount of the grants awarded under 

10 this section, and shall give priority to applications from 

11 States or local governments that— 

12 (1) require approved carbon monoxide alarms to 

13 be installed in each existing dwelling unit— 

14 (A) within which a fuel-burning appliance 

15 is installed, including a furnace, boiler, water 

16 heater, fireplace, or any other apparatus, appli17 ance, or device that burns fuel; or 

18 (B) which has an attached garage; 

19 (2) propose to serve vulnerable populations such 

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

21 and 

22 (3) demonstrate greater than average losses of 

23 life from carbon monoxide poisoning in the home. 

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

25 this section may use grant funds— 


jdjones on DSKHWCL6B1PROD with BILLS
8 

HR 1796 RFS 

1 (1) to purchase and install approved carbon 

2 monoxide alarms in the dwelling units of low-income 

3 families or elderly persons, facilities that commonly 

4 serve children or the elderly, including childcare fa5 cilities, public schools, and senior centers, or student 

6 dwelling units owned by public universities; 

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

8 officials in the proper enforcement of State or local 

9 laws concerning approved carbon monoxide alarms 

10 and the installation of such alarms in accordance 

11 with NFPA 720; 

12 (3) for the development and dissemination of 

13 training materials, instructors, and any other costs 

14 related to the training sessions authorized by this 

15 subsection; and 

16 (4) to educate the public about the risk associ17 ated with carbon monoxide as a poison and the im18 portance of proper carbon monoxide alarm use. 

19 (e) LIMITATION ON USE OF FUNDS.— 

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

21 percent of any grant funds may be used to cover ad22 ministrative costs not directly related to training de23 scribed in paragraph (2) of subsection (d). 


jdjones on DSKHWCL6B1PROD with BILLS
9 

HR 1796 RFS 

1 (2) PUBLIC OUTREACH.—No more than 25 per2 cent of any grant may be used to cover costs of ac3 tivities described in paragraph (4) of subsection (d). 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Commission 

6 $2,000,000 for each of fiscal years 2011 through 2015 

7 to carry out this Act, such sums to remain available until 

8 expended. Any amounts appropriated pursuant to this 

9 paragraph that remain unexpended and unobligated at the 

10 end of fiscal year 2015 shall be retained by the Commis11 sion and credited to the appropriations account that funds 

12 enforcement of the Consumer Product Safety Act. 

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

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

15 made under this section, the Commission shall submit to 

16 Congress a report evaluating the implementation of the 

17 grant program authorized by this section. 

Passed the House of Representatives July 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jdjones on DSKHWCL6B1PROD with BILLS