Alex Gate Safety Act of 2024

Bill: 118-hr-10259
Sponsor: full_name: Rep. Huffman, Jared [D-CA-2]
Introduced: 2024-11-26
Policy area: Commerce
Latest action: action_date: 2024-11-26
text: Referred to the House Committee on Energy and Commerce.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10259 IN THE HOUSE OF REPRESENTATIVES November 26, 2024 Mr. Huffman (for himself and Mr. Curtis ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for certain gates, and for other purposes.

1. Short title This Act may be cited as the Alex Gate Safety Act of 2024 . 2. Consumer product safety standard for covered gates (a) Standard required (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for covered gates that includes the requirements described in paragraph (2). (2) Requirements described The requirements described in this paragraph for a covered gate are the following: (A) The covered gate meets the safety-related standards of ASTM F900–24, ASTM F1184–23e1, or ASTM F2200–24, as applicable to the relevant category of covered gate. (B) The covered gate does not fall more than 45 degrees from the vertical plane when the gate is detached from the supporting hardware. (C) The covered gate is balanced and does not move under its own weight. (D) The covered gate has positive stops. (E) The manufacturer of the covered gate provides consumers with specified notification concerning the installation, operation, and maintenance of the gate, including the best technical and performance information related to the safety of the gate and assembly and installation instructions that clearly outline the proper procedure for all required assembly and proper installation and tuning of the gate. (F) If the covered gate has rolling wheels that are easily accessible by consumers, such wheels are guarded or covered. (G) If the covered gate has an operator or similar system, the gate meets the safety-related standards of ANSI/CAN/UL 325. (3) CPSC determination of scope In promulgating a consumer product safety standard under paragraph (1), the Commission shall determine the types of covered gates that are subject to the standard and ensure that such covered gates are within the jurisdiction of the Commission. (b) Revision of voluntary standards If an organization revises a voluntary standard that has been adopted, in whole or in part, as a consumer product safety standard under this section, the organization shall notify the Commission of the revision. The revised voluntary standard shall be considered to be adopted by the Commission, effective on the date that is 180 days after the date on which the organization notifies the Commission of the revision (or such later date specified by the Commission in the Federal Register) unless, not later than 90 days after the date on which the organization notifies the Commission of the revision, the Commission notifies the organization that the Commission has determined that the revision does not improve the safety of the covered gates to which the standard applies and that the Commission is retaining the existing consumer product safety standard. Not later than 90 days before the date on which a revised voluntary standard is considered to be adopted by the Commission under this subsection, the Commission shall publish in the Federal Register notice that such revised voluntary standard will be considered to be so adopted on such date. (c) Future rulemaking At any time after the promulgation of a consumer product safety standard under subsection (a), the Commission may initiate a rulemaking, in accordance with section 553 of title 5, United States Code, to modify such standard, if the Commission determines that a modification would further reduce the risk of injury associated with covered gates. (d) Treatment of standards Any consumer product safety standard promulgated under subsection (a) (including any modification of such standard under subsection (c)) or revised voluntary standard considered to be adopted by the Commission under subsection (b) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). 3. Education and awareness campaign (a) In general Not later than 2 years after the date of the enactment of this Act, the Commission shall undertake a national campaign to promote awareness and educate the public about the dangers associated with covered gates, including the dangers of detached or falling covered gates, and methods (including low-cost methods) to prevent covered gates from causing death or injury, including safety standards relating to covered gates and best practices for design, installation, inspection, maintenance, and improvement of covered gates. (b) Requirements In carrying out the campaign required by subsection (a), the Commission shall employ, at a minimum, the following: (1) Educational materials designed for covered gate manufacturers, contractors, retailers, and service companies. (2) Educational materials designed for consumers, owners, and operators of covered gates. (3) Educational materials designed for building officials and local educational agencies to support the updating and enforcement of building codes for new and existing buildings with respect to the safety of covered gates. (c) Report to Congress Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to Congress a report that contains a summary of actions taken by the Commission in the campaign required by subsection (a). 4. Definitions In this Act: (1) Building official The term building official means any State, Tribal, territorial, or local official who is responsible for proposing modifications to building codes, participating in adopting building codes, interpreting building code requirements, overseeing building code enforcement activities, or otherwise administering building codes. (2) Commission The term Commission means the Consumer Product Safety Commission. (3) Covered gate The term covered gate means— (A) an automatic vehicular gate; (B) a manual vehicular gate; and (C) any other gate that is more than 48 inches wide or more than 84 inches high. (4) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Manufacturer The term manufacturer has the meaning given such term in section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ). (6) Positive stops The term positive stops means an immovable component that, by the placement of the component, physically impedes the motion of a covered gate.