113 S1793 RS: Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013 U.S. Senate 2013-12-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 583113th CONGRESS2d SessionS. 1793[Report No. 113–269]IN THE SENATE OF THE UNITED STATESDecember 10, 2013Ms. Klobuchar (for herself, Mr. Casey, Mr. Schumer, Mr. Blumenthal, Mr. Markey, Mr. Nelson, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationNovember 12, 2014Reported by Mr. Rockefeller, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes.
1.
Short title
This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013.
2.
Findings
Congress finds the following:(1)Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death.(2)Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment.(3)Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities.(4)Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation.
3.
Definitions
In this Act:(1)
Carbon monoxide alarm
The term carbon monoxide alarm means a device that—(A)detects carbon monoxide; and(B)is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure.(2)
Commission
The term Commission means the Consumer Product Safety Commission.(3)
Compliant carbon monoxide alarm
The term compliant carbon monoxide alarm means a carbon monoxide alarm that complies with the most current version of—(A)the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and(B)the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075).(4)
Dwelling unit
The term dwelling unit means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building.(5)
Fire code enforcement officials
The term fire code enforcement officials means officials of the fire safety code enforcement agency of a State or local government.(6)
NFPA 720
The term NFPA 720 means—(A)the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and(B)any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units.
4.
Grant program for carbon monoxide poisoning prevention
(a)
In general
Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States and local governments to carry out the carbon monoxide poisoning prevention activities described in subsection (d).(b)
Eligibility
To be eligible for a grant under the program, a State or local government shall—(1)demonstrate to the satisfaction of the Commission that the State or local government has adopted a statute, or the State or local government agency has adopted a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and(2)submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State or local government by the fire code enforcement officials for such State or local government.(c)
Grant amount; priority
The Commission shall determine the amount of the grants awarded under this section, and shall give priority to applications from States or local governments that—(1)prioritize the installation of compliant carbon monoxide alarms in existing dwelling units—(A)within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or(B)which has an attached garage;(2)have developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households; and(3)demonstrate greater than average losses of life from carbon monoxide poisoning in the home.(d)
Use of funds
A State receiving a grant under this section may use grant funds—(1)to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities;(2)to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720;(3)for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and(4)to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use.(e)
Limitation on use of funds
(1)
Administrative costs
Not more than 10 percent of any grant funds received under this section may be used to cover administrative costs not directly related to training described in subsection (d)(2).(2)
Public outreach
Not more than 25 percent of any grant funds received under this section may be used to cover costs of activities described in subsection (d)(4).(f)
Authorization of appropriations
(1)
In general
There is authorized to be appropriated to the Commission, for each of the fiscal years 2013 through 2017, $2,000,000, which shall remain available until expended to carry out this Act.(2)
Retention of amounts
Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2016, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act (15 U.S.C. 2051).(g)
Commission report
Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section.
1.
Short title
This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2013.
2.
Findings
Congress finds the following:(1)Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to un­healthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death.(2)Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment.(3)Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities.(4)Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation.
3.
Definitions
In this Act:(1)
Carbon monoxide alarm
The term carbon monoxide alarm means a device or system that—(A)detects carbon monoxide; and(B)is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure.(2)
Commission
The term Commission means the Consumer Product Safety Commission.(3)
Compliant carbon monoxide alarm
The term compliant carbon monoxide alarm means a carbon monoxide alarm that complies with the most current version of—(A)the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and(B)the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075).(4)
Dwelling unit
The term dwelling unit means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building.(5)
Fire code enforcement officials
The term fire code enforcement officials means officials of the fire safety code enforcement agency of a State or local government.(6)
NFPA 720
The term NFPA 720 means—(A)the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and(B)any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units.(7)
State
The term State has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) and includes the Northern Mariana Islands and any political subdivision of a State.
4.
Grant program for carbon monoxide poisoning prevention
(a)
In general
Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States to carry out the carbon monoxide poisoning prevention activities described in subsection (e).(b)
Eligibility
For purposes of this section, an eligible State is any State that—(1)demonstrates to the satisfaction of the Commission that the State has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and(2)submits an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State by the fire code enforcement officials for such State.(c)
Grant amount
The Commission shall determine the amount of the grants awarded under this section.(d)
Selection of grant recipients
In selecting eligible States for the award of grants under this section, the Commission shall give favorable consideration to an eligible State that—(1)requires the installation of compliant carbon monoxide alarms in new or existing educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units—(A)within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or(B)which has an attached garage; and(2)has developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households.(e)
Use of grant funds
(1)
In general
An eligible State receiving a grant under this section may use such grant—(A)to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities;(B)to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720;(C)for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and(D)to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use.(2)
Limitations
(A)
Administrative costs
Not more than 10 percent of any grant amount received under this section may be used to cover administrative costs not directly related to training described in paragraph (1)(B).(B)
Public outreach
Not more than 25 percent of any grant amount received under this section may be used to cover costs of activities described in paragraph (1)(D).(f)
Authorization of appropriations
(1)
In general
Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of the fiscal years 2015 through 2019, $2,000,000, which shall remain available until expended to carry out this Act.(2)
Limitation on administrative expenses
Not more than 10 percent of the amounts appropriated or otherwise made available to carry out this section may be used for administrative expenses.(3)
Retention of amounts
Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2019, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act (15 U.S.C. 2051).(g)
Report
Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section.
November 12, 2014Reported with an amendment