II 

112TH CONGRESS 

2D SESSION S. 3343 

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 SENATE OF THE UNITED STATES 

JUNE 27, 2012 

Ms. KLOBUCHAR (for herself and Ms. SNOWE) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nicholas and Zachary 

3 Burt Memorial Carbon Monoxide Poisoning Prevention 

4 Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

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

8 produced by burning any fuel. Exposure to un9 healthy levels of carbon monoxide can lead to carbon 

10 monoxide poisoning, a serious health condition that 

11 could result in death. 

12 (2) Unintentional carbon monoxide poisoning 

13 from motor vehicles and the abnormal operation of 

14 fuel-burning appliances, such as furnaces, water 

15 heaters, portable generators, and stoves, in residen16 tial homes and other dwelling units kills more than 

17 400 people each year and sends more than 20,000 

18 to hospital emergency rooms for treatment. 

19 (3) Research shows that purchasing and install20 ing carbon monoxide alarms close to the sleeping 

21 areas in residential homes and other dwelling units 

22 can help avoid fatalities. 

23 (4) Congress should promote the purchase and 

24 installation of carbon monoxide alarms in residential 

25 homes and dwelling units nationwide in order to proVerDate Mar 15 2010 16:54 Jun 28, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3343.IS S3343

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1 mote the health and public safety of citizens 

2 throughout the Nation. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) APPROVED CARBON MONOXIDE ALARM.— 

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

7 a carbon monoxide alarm that complies with the 

8 standards published, incorporated, or amended by 

9 the Commission with respect to such alarms under 

10 this Act. 

11 (2) CARBON MONOXIDE ALARM.—The term 

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

13 (A) detects carbon monoxide; and 

14 (B) is intended to alarm at carbon mon15 oxide concentrations below those that could 

16 cause a loss of ability to react to the dangers 

17 of carbon monoxide exposure. 

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

19 means the Consumer Product Safety Commission. 

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

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

22 human habitation, and includes a single family resi23 dence as well as each living unit of a multiple family 

24 residence (including apartment buildings) and each 

25 living unit in a mixed use building. 


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1 (5) FIRE CODE ENFORCEMENT OFFICIALS.— 

2 The term ‘‘fire code enforcement officials’’ means of3 ficials of the fire safety code enforcement agency of 

4 a State or local government. 

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

6 means— 

7 (A) the Standard for the Installation of 

8 Carbon Monoxide Detection and Warning 

9 Equipment issued by the National Fire Protec10 tion Association in 2012; and 

11 (B) any amended or similar successor 

12 standard pertaining to the proper installation of 

13 carbon monoxide alarms in dwelling units. 

14 SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY 

15 RULES. 

16 (a) MANDATORY STANDARDS.—Notwithstanding any 

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

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

19 publish in the Federal Register, as mandatory consumer 

20 product safety standards, the American National Stand21 ard for Single and Multiple Station Carbon Monoxide 

22 Alarms (ANSI/UL 2034) and the American National 

23 Standard for Gas and Vapor Detectors and Sensors 

24 (ANSI/UL 2075). Such standards shall take effect on the 


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1 date that is 1 year after the date on which they are pub2 lished. 

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

4 after the date of the enactment of this Act, if either stand5 ard described in subsection (a) is revised through the ap6 plicable consensus standards development process— 

7 (1) Underwriters Laboratories shall notify the 

8 Commission of the revision; and 

9 (2) the revision shall be incorporated in the 

10 consumer product safety rule unless the Commis11 sion— 

12 (A) determines, not later than 60 days 

13 after such notice, that such revision does not 

14 carry out the purposes of this Act; and 

15 (B) publishes the basis for such determina16 tion in the Federal Register. 

17 (c) RULEMAKING.—Notwithstanding any other provi18 sion of this Act, the Commission, at any time subsequent 

19 to publication of the consumer product safety standards 

20 required under subsection (a), may initiate a rulemaking 

21 in accordance with section 553 of title 5, United States 

22 Code, to amend either standard to include any provision 

23 that the Commission determines is reasonably necessary 

24 to ensure the safe and effective operation of carbon mon25 oxide alarms. 


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1 (d) TREATMENT OF STANDARDS FOR PURPOSES OF

2 ENFORCEMENT.—For purposes of enforcement under the 

3 Consumer Product Safety Act, the standards published by 

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

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

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

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

8 SEC. 5. GRANT PROGRAM FOR CARBON MONOXIDE POI9 SONING PREVENTION. 

10 (a) IN GENERAL.—Subject to the availability of ap11 propriations authorized under subsection (f), the Commis12 sion shall establish a grant program to provide assistance 

13 to eligible States and local governments to carry out the 

14 carbon monoxide poisoning prevention activities described 

15 in subsection (d). 

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

17 the program, a State or local government shall— 

18 (1) demonstrate to the satisfaction of the Com19 mission that a State or local government has adopt20 ed a statute, or a State or local government agency 

21 has adopted a rule, regulation, or similar measure 

22 with the force and effect of law, requiring approved 

23 carbon monoxide alarms to be installed in dwelling 

24 units in accordance with NFPA 720; and 


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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) prioritize the installation of approved car13 bon monoxide alarms in existing dwelling units— 

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) have developed a strategy to protect vulner20 able populations such as children, the elderly, or 

21 low-income households; 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— 


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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.—Not more than 

21 10 percent of any grant funds received under this 

22 section may be used to cover administrative costs 

23 not directly related to training described in sub24 section (d)(2). 


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

2 percent of any grant funds received under this sec3 tion may be used to cover costs of activities de4 scribed in subsection (d)(4). 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Commission, for 

7 each of the fiscal years 2012 through 2016, $2,000,000, 

8 which shall remain available until expended to carry out 

9 this Act. Any amounts appropriated pursuant to this sub10 section that remain unexpended and unobligated on Sep11 tember 30, 2015, shall be retained by the Commission and 

12 credited to the appropriations account that funds the en13 forcement of the Consumer Product Safety Act. 

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

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

16 awarded under this section, the Commission shall submit 

17 a report to Congress that evaluates the implementation 

18 of the grant program authorized under this section. 

Æ 


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