II 

117TH CONGRESS 

1ST SESSION S. 351 

To encourage States to require the installation of residential carbon monoxide 

detectors in homes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 22, 2021 

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

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

Science, and Transportation 

A BILL 

To encourage States to require the installation of residential 

carbon monoxide 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 ‘‘Nicholas and Zachary 

5 Burt Memorial Carbon Monoxide Poisoning Prevention 

6 Act of 2021’’. 

7 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress finds the following: 

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

10 produced by burning any fuel. Exposure to unhealVerDate Sep 11 2014 23:00 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S351.IS S351

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1 thy levels of carbon monoxide can lead to carbon 

2 monoxide poisoning, a serious health condition that 

3 could result in death. 

4 (2) Unintentional carbon monoxide poisoning 

5 from motor vehicles and improper operation of fuel6 burning appliances, such as furnaces, water heaters, 

7 portable generators, and stoves, annually kills more 

8 than 400 individuals and sends approximately 

9 15,000 individuals to hospital emergency rooms for 

10 treatment. 

11 (3) Research shows that installing carbon mon12 oxide alarms close to the sleeping areas in residen13 tial homes and other dwelling units can help avoid 

14 fatalities. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that Congress should promote the installation of car17 bon monoxide alarms in residential homes and dwelling 

18 units across the United States in order to promote the 

19 health and public safety of citizens throughout the United 

20 States. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) CARBON MONOXIDE ALARM.—The term 

24 ‘‘carbon monoxide alarm’’ means a device or system 

25 that— 


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1 (A) detects carbon monoxide; and 

2 (B) is intended to sound an alarm at a 

3 carbon monoxide concentration below a con4 centration that could cause a loss of the ability 

5 to react to the dangers of carbon monoxide ex6 posure. 

7 (2) COMMISSION.—The term ‘‘Commission’’ 

8 means the Consumer Product Safety Commission. 

9 (3) COMPLIANT CARBON MONOXIDE ALARM.— 

10 The term ‘‘compliant carbon monoxide alarm’’ 

11 means a carbon monoxide alarm that complies with 

12 the most current version of— 

13 (A) the Standard for Single and Multiple 

14 Station Carbon Monoxide Alarms of the Amer15 ican National Standards Institute and UL 

16 (ANSI/UL 2034), or any successor standard; 

17 and 

18 (B) the Standard for Gas and Vapor De19 tectors and Sensors of the American National 

20 Standards Institute and UL (ANSI/UL 2075), 

21 or any successor standard. 

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

23 unit’’— 

24 (A) means a room or suite of rooms used 

25 for human habitation; and 


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1 (B) includes— 

2 (i) a single family residence; 

3 (ii) each living unit of a multiple fam4 ily residence, including an apartment build5 ing; and 

6 (iii) each living unit in a mixed use 

7 building. 

8 (5) FIRE CODE ENFORCEMENT OFFICIALS.— 

9 The term ‘‘fire code enforcement officials’’ means of10 ficials of the fire safety code enforcement agency of 

11 a State or local government or a Tribal organization. 

12 (6) INTERNATIONAL FIRE CODE.—The term 

13 ‘‘IFC’’ means— 

14 (A) the 2015 or 2018 edition of the Inter15 national Fire Code published by the Inter16 national Code Council; or 

17 (B) any amended or similar successor code 

18 pertaining to the proper installation of carbon 

19 monoxide alarms in dwelling units. 

20 (7) INTERNATIONAL RESIDENTIAL CODE.—The 

21 term ‘‘IRC’’ means— 

22 (A) the 2015 or 2018 edition of the Inter23 national Residential Code published by the 

24 International Code Council; or 


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1 (B) any amended or similar successor code 

2 pertaining to the proper installation of carbon 

3 monoxide alarms in dwelling units. 

4 (8) NFPA 720.—The term ‘‘NFPA 720’’ 

5 means— 

6 (A) the Standard for the Installation of 

7 Carbon Monoxide Detection and Warning 

8 Equipment issued by the National Fire Protec9 tion Association in 2012; and 

10 (B) any amended or similar successor 

11 standard relating to the proper installation of 

12 carbon monoxide alarms in dwelling units. 

13 (9) STATE.—The term ‘‘State’’— 

14 (A) has the meaning given the term in sec15 tion 3(a) of the Consumer Product Safety Act 

16 (15 U.S.C. 2052(a)); and 

17 (B) includes— 

18 (i) the Commonwealth of the North19 ern Mariana Islands; and 

20 (ii) any political subdivision of a 

21 State. 

22 (10) TRIBAL ORGANIZATION.—The term ‘‘Trib23 al organization’’ has the meaning given the term in 

24 section 4(l) of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 5304(l)). 


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1 SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POI2 SONING PREVENTION. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations authorized under subsection (f), the Commis5 sion shall establish a grant program to provide assistance 

6 to States and Tribal organizations that are eligible under 

7 subsection (b) to carry out the carbon monoxide poisoning 

8 prevention activities described in subsection (e). 

9 (b) ELIGIBILITY.—For the purposes of this section, 

10 an eligible State or Tribal organization is any State or 

11 Tribal organization that— 

12 (1) demonstrates to the satisfaction of the 

13 Commission that the State or Tribal organization 

14 has adopted a statute or a rule, regulation, or simi15 lar measure with the force and effect of law, requir16 ing compliant carbon monoxide alarms to be in17 stalled in dwelling units in accordance with NFPA 

18 72, the IFC, or the IRC; and 

19 (2) submits an application— 

20 (A) to the Commission at such time, in 

21 such form, and containing such additional in22 formation as the Commission may require; and 

23 (B) that may be filed on behalf of the 

24 State or Tribal organization by the fire safety 

25 code enforcement agency of that State or Tribal 

26 organization. 


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1 (c) GRANT AMOUNT.—The Commission shall deter2 mine the amount of each grant awarded under this sec3 tion. 

4 (d) SELECTION OF GRANT RECIPIENTS.—In select5 ing eligible States and Tribal organizations for the award 

6 of grants under this section, the Commission shall give 

7 favorable consideration to an eligible State or Tribal orga8 nization that demonstrates a reasonable need for funding 

9 under this section and that— 

10 (1) requires the installation of a one or more 

11 compliant carbon monoxide alarms in a new or exist12 ing educational facility, childcare facility, health care 

13 facility, adult dependent care facility, government 

14 building, restaurant, theater, lodging establishment, 

15 or dwelling unit— 

16 (A) within which a fuel-burning appliance, 

17 including a furnace, boiler, water heater, fire18 place, or any other apparatus, appliance, or de19 vice that burns fuel, is installed; or 

20 (B) that has an attached garage; and 

21 (2) has developed a strategy to protect vulner22 able populations, such as children, the elderly, or 

23 low-income households, from exposure to unhealthy 

24 levels of carbon monoxide. 

25 (e) USE OF GRANT FUNDS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), an 

2 eligible State or Tribal organization to which a grant 

3 is awarded under this section may use the grant— 

4 (A) to purchase and install compliant car5 bon monoxide alarms in the dwelling units of 

6 low-income families or elderly individuals, facili7 ties that commonly serve children or the elderly 

8 (including childcare facilities, public schools, 

9 and senior centers); 

10 (B) for the development and dissemination 

11 of training materials, instructors, and any other 

12 costs relating to the training sessions author13 ized under this subsection; or 

14 (C) to educate the public about— 

15 (i) the risk associated with carbon 

16 monoxide as a poison; and 

17 (ii) the importance of proper carbon 

18 monoxide alarm use. 

19 (2) LIMITATIONS.— 

20 (A) ADMINISTRATIVE COSTS.—An eligible 

21 State or Tribal organization to which a grant is 

22 awarded under this section may use not more 

23 than 5 percent of the grant amount to cover ad24 ministrative costs that are not directly related 

25 to training described in paragraph (1)(B). 


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1 (B) PUBLIC OUTREACH.—An eligible State 

2 or Tribal organization to which a grant is 

3 awarded under this section may use not more 

4 than 25 percent of the grant amount to cover 

5 the costs of activities described in paragraph 

6 (1)(D). 

7 (C) STATE CONTRIBUTIONS.—An eligible 

8 State to which a grant is awarded under this 

9 section shall, with respect to the costs incurred 

10 by the State in carrying out activities under the 

11 grant, provide non-Federal contributions in an 

12 amount equal to not less than 25 percent of 

13 amount of Federal funds provided under the 

14 grant to administer the program. This subpara15 graph shall not apply to Tribal organizations. 

16 (f) FUNDING.— 

17 (1) IN GENERAL.—The Commission shall carry 

18 out this Act using amounts appropriated to the 

19 Commission for each of fiscal years 2021 through 

20 2025, to extent such funds are available. 

21 (2) LIMITATION ON ADMINISTRATIVE EX22 PENSES.—In a fiscal year, not more than 10 percent 

23 of the amounts appropriated or otherwise made 

24 available to carry out this Act may be used for ad25 ministrative expenses. 


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1 (g) REPORT.—Not later than 1 year after the last 

2 day of each fiscal year in which grants are awarded under 

3 this section, the Commission shall submit to Congress a 

4 report that evaluates the implementation of the grant pro5 gram required under this section. 

Æ 


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