II 

110TH CONGRESS 

2D SESSION S. 3660 

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 residential carbon monoxide detectors, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Ms. KLOBUCHAR (for herself and Mr. NELSON of Florida) 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Residential Carbon 

5 Monoxide Poisoning Prevention Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

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

4 produced by burning any fuel. Exposure to 

5 unhealthy levels of carbon monoxide can lead to car6 bon monoxide poisoning, a serious health condition 

7 that could result in death. 

8 (2) Carbon monoxide poisoning from the use of 

9 fuel-burning appliances in residential homes and 

10 other dwelling units kills at least 2,000 people each 

11 year and sends more than 15,000 to hospital emer12 gency rooms for treatment. 

13 (3) Research shows that purchasing and install14 ing carbon monoxide alarms close to the sleeping 

15 areas in residential homes and other dwelling units 

16 can help avoid fatalities. 

17 (4) Congress should promote the purchase and 

18 installation of carbon monoxide alarms in residential 

19 homes and dwelling units nationwide in order to pro20 mote the health and public safety of citizens 

21 throughout the Nation. 

22 SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PROD23 UCT SAFETY RULE. 

24 (a) IN GENERAL.—The Consumer Product Safety 

25 Act (15 U.S.C. 2051 et seq.) is amended by adding at 

26 the end thereof the following: 


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1 ‘‘SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) MANDATORY STANDARD.—Notwith4 standing any other provision of law, within 90 days 

5 after the date of enactment of the Residential Car6 bon Monoxide Poisoning Prevention Act, the Con7 sumer Product Safety Commission shall publish in 

8 the Federal Register as a mandatory consumer prod9 uct safety standard the American National Standard 

10 for Single and Multiple Station Carbon Monoxide 

11 Alarms (American National Standard ANSI/UL 

12 2034–2005). The standard shall take effect 180 

13 days after it is published. 

14 ‘‘(2) COMPLIANCE WITH STANDARD.—After the 

15 standard takes effect, it shall be unlawful for any 

16 manufacturer or distributor to import into or dis17 tribute in commerce in the United States any new 

18 assembled or unassembled residential carbon mon19 oxide detector unless it complies with the standard. 

20 ‘‘(3) VIOLATION.—The failure to comply with 

21 paragraph (2) shall be deemed to be a failure to 

22 comply with a consumer product safety standard 

23 under this Act and subject to all of the penalties and 

24 remedies available under this Act. 

25 ‘‘(4) OTHER TYPES OF CARBON MONOXIDE DE26 TECTORS.—Paragraph (2) does not apply to any 


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1 carbon monoxide detector not covered by the stand2 ard as provided in section 1.4 of the standard. 

3 ‘‘(b) LABELING.—Beginning 1 year after the date of 

4 enactment of the Residential Carbon Monoxide Poisoning 

5 Prevention Act, a manufacturer selling or offering for sale 

6 in the United States a residential carbon monoxide detec7 tor manufactured more than 1 year after the date of en8 actment of that Act, shall clearly identify on any container 

9 of the detector and on the detector its conformance with 

10 the requirements of the consumer product safety standard 

11 promulgated under subsection (a). 

12 ‘‘(c) MODIFICATION OF STANDARD.— 

13 ‘‘(1) ANSI REVISIONS.—If the American Na14 tional Standard ANSI/UL 34–2005 is revised 

15 through the applicable consensus standards develop16 ment process after the date on which the product 

17 safety standard for residential carbon monoxide de18 tectors is published in the Federal Register, the 

19 American National Standards Institute shall notify 

20 the Commission of the revision. 

21 ‘‘(2) COMMISSION ACTION.—Within 120 days 

22 after it receives notice of such a revision by the 

23 American National Standards Institute, the Com24 mission shall issue a notice of proposed rulemaking 

25 in accordance with section 553 of title 5, United 


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1 States Code, to amend the product safety standard 

2 for residential carbon monoxide detectors to include 

3 any such revision that the Commission determines is 

4 reasonably related to the performance of such detec5 tors, and notify the Institute of any revision it has 

6 determined not to be so related. The Commission 

7 shall promulgate an amendment to the standard for 

8 such detectors within 180 days after the date on 

9 which the notice of proposed rulemaking for the 

10 amendment is published in the Federal Register. 

11 ‘‘(3) ADDITIONAL SAFETY REQUIREMENTS.— 

12 Notwithstanding any other provision of this Act, the 

13 Commission may, pursuant to sections 7 and 9 of 

14 this Act, amend the product safety standard for resi15 dential carbon monoxide detectors to include any ad16 ditional provision that the Commission determines is 

17 reasonably necessary to ensure their safe and effec18 tive operation. 

19 ‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.— 

20 Sections 7 and 9 of this Act shall not apply to pro21 mulgation of any amendment of the product safety 

22 standard under paragraph (2). Judicial review of 

23 any amendment of the standard under paragraph 

24 (2) shall be in accordance with chapter 7 of title 5, 

25 United States Code.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of the Consumer Product Safety Act is amended by 

3 inserting after the item relating to section 42 the fol4 lowing: 

‘‘Sec. 43. Residential carbon monoxide detectors.’’. 

5 SEC. 4. REDUCING DEATHS AND INJURIES FROM CARBON 

6 MONOXIDE POISONING. 

7 (a) SAFETY STANDARD: REQUIRING EQUIPMENT OF

8 PORTABLE GENERATORS WITH CARBON MONOXIDE

9 INTERLOCK SAFETY DEVICES.—Not later than 180 days 

10 after the date of enactment of this Act, the Consumer 

11 Product Safety Commission shall promulgate consumer 

12 product safety rules, pursuant to section 7 of the Con13 sumer Product Safety Act (15 U.S.C. 2056), requiring, 

14 at a minimum, that every portable generator sold to the 

15 public for purposes other than resale shall be equipped 

16 with an interlock safety device that— 

17 (1) detects the level of carbon monoxide in the 

18 areas surrounding such portable generator; and 

19 (2) automatically turns off the portable gener20 ator before the level of carbon monoxide reaches a 

21 level that would cause serious bodily injury or death 

22 to people. 

23 (b) LABELING AND INSTRUCTION REQUIREMENTS.— 

24 Not later than 180 days after the date of enactment of 

25 this Act, the Consumer Product Safety Commission shall 


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1 promulgate consumer product safety rules, pursuant to 

2 section 7 of the Consumer Product Safety Act (15 U.S.C. 

3 2056), requiring, at a minimum, the following: 

4 (1) WARNING LABELS.—Each portable gener5 ator sold to the public for purposes other than resale 

6 shall have a large, prominently displayed warning 

7 label in both English and Spanish on the exterior 

8 packaging, if any, of the portable generator and per9 manently affixed on the portable generator regarding 

10 the carbon monoxide hazard posed by incorrect use 

11 of the portable generator. The warning label shall 

12 include the word ‘‘DANGER’’ printed in a large font 

13 that is no smaller than 1 inch tall, and shall include 

14 the following information, at a minimum, presented 

15 in a clear manner: 

16 (A) Indoor use of a portable generator can 

17 kill quickly. 

18 (B) Portable generators should be used 

19 outdoors only and away from garages and open 

20 windows. 

21 (C) Portable generators produce carbon 

22 monoxide, a poisonous gas that people cannot 

23 see or smell. 

24 (2) PICTOGRAM.—Each portable generator sold 

25 to the public for purposes other than resale shall 


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1 have a large pictogram, affixed to the portable gen2 erator, which clearly states ‘‘OUTDOOR USE 

3 ONLY: EMITS POISONOUS GAS’’ and visually 

4 depicts the harmful effects of breathing carbon mon5 oxide. 

6 (3) INSTRUCTION MANUAL.—The instruction 

7 manual, if any, that accompanies any portable gen8 erator sold to the public for purposes other than re9 sale shall include detailed, clear, and conspicuous 

10 statements that include the following elements: 

11 (A) A warning that portable generators 

12 emit carbon monoxide, a poisonous gas that can 

13 kill people. 

14 (B) A warning that people cannot smell, 

15 see, or taste carbon monoxide. 

16 (C) An instruction to operate portable gen17 erators only outdoors and away from windows, 

18 garages, and air intakes. 

19 (D) An instruction never to operate port20 able generators inside homes, garages, sheds, or 

21 other semi-enclosed spaces, even if a person 

22 runs a fan or opens doors and windows. 

23 (E) A warning that if a person begins to 

24 feel sick, dizzy, or weak while using a portable 

25 generator, that person should shut off the portVerDate Aug 31 2005 03:49 Oct 04, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660

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1 able generator, get to fresh air immediately, 

2 and consult a doctor. 

3 (c) REPORT.—Not later than 120 days after the date 

4 of enactment of this Act, the Consumer Product Safety 

5 Commission shall submit a report to the Senate Com6 mittee on Commerce, Science, and Transportation that— 

7 (1) reviews the effectiveness of its labeling re8 quirements for charcoal briquettes (16 C.F.R. 

9 1500.14(b)(6)) during the windstorm that struck the 

10 Pacific Northwest beginning on December 14, 2006; 

11 (2) identifies any specific challenges faced by 

12 non-English speaking populations with use of the 

13 current standards; and 

14 (3) contains recommendations for improving the 

15 labels on charcoal briquettes. 

16 SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE 

17 ALARMS. 

18 (a) STATE APPROVED CARBON MONOXIDE ALARM

19 GRANT PROGRAM.— 

20 (1) IN GENERAL.—Subject to the availability of 

21 appropriations authorized by subsection (d), the 

22 Consumer Product Safety Commission shall estab23 lish a grant program to provide assistance to eligible 

24 States to carry out a carbon monoxide alarm pro25 gram. 


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1 (2) ELIGIBILITY.—To be eligible for a grant 

2 under the program, a State shall— 

3 (A) demonstrate to the satisfaction of the 

4 Commission that the State has adopted a stat5 ute, or a State agency has adopted a state-wide 

6 rule, regulation, or similar measure with the 

7 force and effect of law, requiring the inclusion 

8 of approved carbon monoxide alarms installed 

9 in accordance with NFPA 720 in all commer10 cial residential dwelling units and all new dwell11 ing unit construction and providing penalties 

12 for failure to include such alarms; and 

13 (B) submit an application to the Commis14 sion at such time, in such form, and containing 

15 such additional information as the Commission 

16 may require. The application may be filed on 

17 behalf of any qualified State by the fire code 

18 enforcement officials for such State. 

19 (3) GRANT AMOUNT; PRIORITY.—The Commis20 sion shall determine the amount of the grants 

21 awarded under this section, and shall give priority 

22 to— 

23 (A) multi-state applications (including 

24 those made by a nonprofit organization rep25 resenting fire code enforcement officials on beVerDate Aug 31 2005 03:49 Oct 04, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660

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1 half of more than 1 State) if all participating 

2 States meet the requirements of this paragraph; 

3 and 

4 (B) States demonstrating greater than av5 erage losses of life from carbon monoxide poi6 soning in the home. 

7 (4) USE OF FUNDS.—A State receiving a grant 

8 under this section may use grant funds— 

9 (A) to train that State’s fire code enforce10 ment officials in the proper enforcement of 

11 State laws concerning approved carbon mon12 oxide alarms and the installation of such alarms 

13 in accordance with NFPA 720; 

14 (B) for the development and dissemination 

15 of training materials, instructors, and any other 

16 costs related to the training sessions authorized 

17 by this paragraph; and 

18 (C) to educate the public about the risk as19 sociated with carbon monoxide as a poison and 

20 the importance of proper carbon monoxide 

21 alarm use. 

22 (5) LIMITATION ON USE OF FUNDS.— 

23 (A) ADMINISTRATIVE COSTS.—No more 

24 than 10 percent of any grant funds may be 

25 used to cover administrative costs not directly 


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1 related to training described in paragraph 

2 (4)(A). 

3 (B) PUBLIC OUTREACH.—No more than 

4 25 percent of any grant may be used to cover 

5 costs of activities described in paragraph 

6 (4)(C). 

7 (b) DEFINITIONS.—In this section: 

8 (1) APPROVED CARBON MONOXIDE ALARM.— 

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

10 a carbon monoxide alarm that complies with the 

11 standards, whether voluntary or mandatory, issued, 

12 approved, or otherwise supported by the Commission 

13 with respect to such alarms, whether those stand14 ards have been developed unilaterally by the Com15 mission or in conjunction with other parties. 

16 (2) CARBON MONOXIDE ALARM.—The term 

17 ‘‘carbon monoxide alarm’’ means a device that de18 tects the presence of carbon monoxide and sounds 

19 an alarm if the level of carbon monoxide detected by 

20 the device poses a health risk to persons within the 

21 vicinity of the device. 

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

23 means the Consumer Product Safety Commission. 

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

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


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1 human habitation, and includes a single family resi2 dence as well as each living unit of a multiple family 

3 residence (including apartment buildings) and each 

4 living unit in a mixed use building. 

5 (5) FIRE CODE ENFORCEMENT OFFICIALS.— 

6 The term ‘‘fire code enforcement officials’’ means of7 ficials of the Fire Safety Code Enforcement Agency 

8 of a State. 

9 (6) NFPA 720.—The term ‘‘NFPA 720’’ means 

10 the Standard for the Installation of Carbon Mon11 oxide (CO) Warning Equipment in Dwelling Units 

12 issued by the National Fire Protection Association 

13 in 2005 and any amended or similar successor 

14 standard pertaining to the proper installation of car15 bon monoxide alarms in dwelling units. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Commission for 

18 each of fiscal years 2009 through 2013 $2,000,000 to 

19 carry out this subsection, such sums to remain available 

20 until expended. Any amounts appropriated pursuant to 

21 this paragraph that remain unexpended and unobligated 

22 at the end of fiscal year 2013 shall be retained by the 

23 Commission and credited to the appropriations account 

24 that funds enforcement of the Consumer Products Safety 

25 Act. 


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1 (d) COMMISSION REPORT.—Not later than 1 year 

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

3 made under this section, the Commission shall submit to 

4 Congress a report evaluating the implementation of the 

5 grant program authorized by this section. 

Æ 


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