I 

111TH CONGRESS 

1ST SESSION H. R. 418 

To confirm the jurisdiction of the Consumer Product Safety Commission 

with respect to releasing systems on residential window bars and to 

establish a consumer product safety standard ensuring that all such 

bars include a quick-release mechanism. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Ms. LEE of California introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Financial Services, 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 confirm the jurisdiction of the Consumer Product Safety 

Commission with respect to releasing systems on residential window bars and to establish a consumer product 

safety standard ensuring that all such bars include a 

quick-release mechanism. 

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 ‘‘Safe Access in Fire 

5 Emergencies Act of 2009’’. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 418 IH

1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 The Congress finds the following: 

3 (1) The United States Fire Administration 

4 (USFA) of the Department of Homeland Security 

5 encourages prevention, fire sprinklers, smoke detec6 tors, and planned escape routes as main goals of 

7 avoiding casualties in residential and commercial 

8 fires. 

9 (2) Window bars are most prevalent in low-in10 come areas and high crime areas, where other secu11 rity risks often overshadow fire safety standards. 

12 (3) According to the USFA, children, the elder13 ly, persons who are mobility-impaired, and fire14 fighters are especially vulnerable to fatalities or inju15 ries involving residential window bars. 

16 (4) Persons have died in residential fires as a 

17 result of being trapped by window bars in at least 

18 14 States, including Alabama, Arizona, California, 

19 Florida, Georgia, Kansas, Michigan, Mississippi, 

20 Missouri, New Jersey, Oklahoma, Pennsylvania, 

21 Tennessee, and Texas. 

22 (5) Some States, including Mississippi, Cali23 fornia, Texas, and, most recently, Oklahoma, have 

24 established safety standards for window bars. 

25 (6) On June 12, 2005, five children were killed 

26 in a house fire in Philadelphia, Pennsylvania, when 


rfrederick on PROD1PC67 with BILLS
3 

•HR 418 IH

1 their escape was prevented by ground-level, residen2 tial window bars. 

3 (7) Collecting information on a national basis 

4 regarding the risks and casualties caused by window 

5 bar entrapment during residential fires will help in 

6 raising public awareness of such risks and casual7 ties. 

8 SEC. 3. DEFINITION OF WINDOW BARS. 

9 For purposes of this Act, the term ‘‘window bars’’ 

10 means any metal or other bars, grills, grates, heavy-duty 

11 screens, glazing, or other barriers that are designed— 

12 (1) to cover exterior and interior escape win13 dows in residential dwelling units; and 

14 (2) to deter any physical security threats to the 

15 home, including threats from burglars. 

16 Such term does not include any such barriers that (A) 

17 protect children from falling from open windows in upper 

18 floors of buildings, and (B) protect nonresidential or com19 mercial properties. 

20 SEC. 4. SAFETY STANDARD FOR WINDOW BARS. 

21 (a) RULEMAKING REQUIRED.—The Consumer Prod22 ucts Safety Commission (in this Act referred to as the 

23 ‘‘Commission’’) shall initiate a rulemaking proceeding 

24 under section 553 of title 5, United States Code, within 

25 90 days after the date of the enactment of this Act to 


rfrederick on PROD1PC67 with BILLS
4 

•HR 418 IH

1 establish a consumer product safety standard under sec2 tion 7(a) of the Consumer Product Safety Act (15 U.S.C. 

3 2056(a)) for window bars, except that the Commission 

4 may extend such 90-day period for good cause. Notwith5 standing any other provision of law, including chapter 5 

6 of title 5, United States Code, the Commission shall pro7 mulgate a final rule establishing such consumer product 

8 safety standard within 12 months after the date on which 

9 the rulemaking pursuant to this subsection is initiated, ex10 cept that the Commission may extend such 12-month pe11 riod for good cause. Such consumer product safety stand12 ard shall take effect upon the expiration of the 6-month 

13 period beginning on the date on which the final rule estab14 lishing such standard is promulgated. 

15 (b) RELEASING SYSTEM REQUIREMENT.—The stand16 ard established pursuant to subsection (a) shall— 

17 (1) require all window bars that are manufac18 tured or installed in the United States to incorporate 

19 releasing systems that meet the minimum standards 

20 under subsection (c); and 

21 (2) address releasing systems for interior- and 

22 exterior-based window bars. 

23 (c) MINIMUM STANDARDS FOR RELEASING SYS24 TEMS.—The minimum standards under this subsection for 


rfrederick on PROD1PC67 with BILLS
5 

•HR 418 IH

1 releasing systems for window bars shall require that such 

2 systems— 

3 (1) when actuated, can move such bars and 

4 provide egress to occupants of residential dwelling 

5 units equipped with such bars; and 

6 (2) at a minimum, can be actuated manually 

7 from the interior of a residential dwelling unit and 

8 provide escape through the protected opening. 

9 (d) CONSULTATION.—In developing the standard 

10 pursuant to subsection (a), the Commission shall consult 

11 with experts, including manufacturers of window bars, 

12 housing and building codes authorities, and representa13 tives of the United States Fire Administration, the Na14 tional Fire Protection Association, Underwriters Labora15 tories, Inc., officials in States that have in effect window 

16 bar safety standards, and other similar public safety-re17 lated organizations. 

18 (e) ENFORCEMENT.—Compliance with the consumer 

19 product safety standard established pursuant to this sec20 tion shall be enforced under the Consumer Product Safety 

21 Act. 

22 SEC. 5. LABELING REQUIREMENT. 

23 The Consumer Products Safety Commission shall re24 quire each manufacturer selling, or offering for sale, in 

25 the United States, any window bars to include in the packVerDate Nov 24 2008 04:04 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H418.IH H418

rfrederick on PROD1PC67 with BILLS
6 

•HR 418 IH

1 aging for the window bars a written statement clearly ex2 plaining how the window bars are to be configured and 

3 installed and the inclusion and operation of the releasing 

4 system incorporated pursuant to section 4(b). 

5 SEC. 6. FEDERALLY ASSISTED HOUSING. 

6 It is the sense of the Congress that all public housing 

7 dwelling units, all dwelling units assisted under section 8 

8 of the United States Housing Act of 1937, all manufac9 tured housing units, and all homes purchased using any 

10 loan made, insured, or guaranteed under the National 

11 Housing Act or title 38, United States Code, should meet 

12 a minimal standard for use of window bars that requires 

13 such bars to incorporate an emergency releasing system. 

14 SEC. 7. PROVISION OF DATA. 

15 The Commission shall establish and maintain a Na16 tional Electronic Injury Surveillance System (NEISS) 

17 code and system for collection of information and statistics 

18 on casualties associated with window bars. 

19 SEC. 8. NO EFFECT ON STATE LAW. 

20 Notwithstanding section 26 of the Consumer Product 

21 Safety Act (15 U.S.C. 2075), this Act may not be con22 strued to annul, alter, impair, affect, or exempt any person 

23 subject to the provisions of this Act from complying with 

24 any provision of the law of any State or any political sub25 division thereof, except to the extent that such provisions 


rfrederick on PROD1PC67 with BILLS
7 

•HR 418 IH

1 of State law are inconsistent with any provision of this 

2 Act, and then only to the extent of the inconsistency. A 

3 provision of State law may not be considered to be incon4 sistent with this Act if such provision applies more strin5 gent requirements with respect to window bar releasing 

6 systems than is afforded by this Act. 

7 SEC. 9. NOTICE. 

8 The Commission shall promptly, upon the enactment 

9 of this Act, take such actions as may be appropriate to 

10 inform all manufacturers of window bars distributed in 

11 interstate commerce or installed within the United States 

12 of the provisions of this Act. 

13 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Con15 sumer Product Safety Commission for carrying out this 

16 Act such sums as may be necessary for each of fiscal years 

17 2010 through 2014. 

Æ 


rfrederick on PROD1PC67 with BILLS