[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11656-11658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6010]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 98-2]
Central Sprinkler Corporation and Central Sprinkler Co.,
Complaint
AGENCY: Consumer Product Safety Commission.
ACTION: Publication of a complaint under the Consumer Product Safety
Act.
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SUMMARY: Under Provisions of its Rules of Practice for Adjudicative
proceedings (16 CFR Part 1025), the Consumer Product Safety Commission
must publish in the Federal Register Complaints which it issues.
Published below is a Complaint in the matter of Central Sprinkler
Corporation and Central Sprinkler Company.
SUPPLEMENTARY INFORMATION: The text of the Complaint appears below.
Dated: March 4, 1998.
Sadye E. Dunn,
Secretary.
Complaint
In the Matter of: Central Sprinkler Corp., a Corporation, 451
North Cannon Avenue Lansdale, PA 19446 and Central Sprinkler Co., a
Corporation, 451 North Cannon Avenue Lansdale, PA 19446,
Respondents.
Nature of Proceedings
1. This is an administrative proceeding pursuant to Section 15 of
the Consumer Product Safety Act (CPSA), 15 U.S.C. 2064, for public
notification and remedial action to protect the public from substantial
risk of injury presented by a brand of automatic fire sprinklers. This
proceeding is governed by the Rules of Practice for Adjudicative
[[Page 11657]]
Proceedings before the Consumer Product Safety Commission, 16 CFR Part
1025.
Jurisdiction
2. This proceeding is instituted pursuant to the authority
contained in sections 15(c), (d), and (f) of the CPSA, 15 U.S.C. 2064
(c), (d), and (f).
Parties
3. Complaint Counsel is the staff of the Legal Division of the
Office of Compliance of the U.S. Consumer Product Safety Commission, an
independent regulatory commission established by Section 4 of the CPSA.
15 U.S.C. 2053.
4. Respondents Central Sprinkler Corporation and Central Sprinkler
Company (``the Central entities'') are Pennsylvania corporations with
their principal place of business located at 451 North Cannon Avenue,
Lansdale, Pennsylvania 19446.
5. The Central entities are ``manufacturers'' of consumer products
distributed in commerce pursuant to 15 U.S.C. 2052(a)(4).
The Consumer Product
6. The ``Omega'' series automatic fire sprinklers (``Omega'' or
``Omegas'') is a line of automatic fire sprinklers manufactured by the
Central entities and designed to suppress and/or extinguish fire.
Omegas are installed in homes, apartment buildings, schools, nursing
homes, and athletic facilities, among other places. Omegas are
``consumer products'' under 15 U.S.C. 2052(a)(1). There are various
Omega models, including, but not limited to: C-1; C-1A; C-1A PRO; C-1A
PRO ID; ED-20; EC-20A; EC-20 AID; HEC-12; HEC-12 ID; HEC-12 PRO; HEC-
12A PRO; HEC-12 RES; HEC-20; HEC-20 ID; R-1; R-1A; R-1M; AC; M; and
Flow Control. Approximately ten million Omegas, which Respondents have
produced and sold since approximately 1982, are in service in the
United States.
Defect or Defects
7. Paragraphs 1 through 6 are incorporated as though set forth in
full text.
8. Omegas are designed to perform in accordance with Underwriters
Laboratories, Inc.'s Standard for Safety UL 199 (``Standard for
Automatic Sprinklers for Fire Protection Service''), and National Fire
Protection Association (``NEPA'') Standard 13, when exposed to certain
temperatures.
9. At the Omega's triggering temperature, a fusible pellet is
supposed to melt, causing a plunger to release, which in turn frees
several ball bearings from a retaining groove. With the aid of two
springs, the plunger housing is then supposed to release. When the
Omega is connected to a sprinkler system, water is then supposed to be
released in a particular spray pattern. The plunger housing is sealed
with an o-ring.
10. Omegas do not and will not function in a significant percentage
of instances. Because of this failure to operate, Omegas are defective
pursuant to 15 U.S.C. 2064(a)(2) and 16 CFR 1115.4.
Substantial Risk of Injury
11. Paragraphs 1 through 10 are incorporated as though set forth in
full text.
12. When the Omega fails to activate when exposed to heat from a
fire, the sprinkler fails to suppress or extinguish the fire.
13. Failure of the Omega to function exposes the public to bodily
injury and/or death.
14. All of the approximately 10 million Omegas, manufactured from
1982 through the present and sold to, used or enjoyed by the public,
could fail to function as the result of the defect referenced above.
Omegas are likely to fail in fire situations, and members of the public
may suffer bodily injury and/or death as a result.
15. The defect or defects in the Omegas create a substantial risk
of injury to the public within the meaning of section 15(a)(2) of the
CPSA, 15 U.S.C. 2064(a)(2).
16. Omegas present a substantial product hazard as described in
sections 15(a)(2), (c) and (d) of the CPSA, 15 U.S.C. 2064(a)(2), (c)
and (d), and action under these provisions in the public interest.
Relief Sought
Wherefore, in the public interest, Complaint Counsel requests that
the Commission:
A. Determine that Respondents' Omega presents a ``substantial
product hazard'' within the meaning of section 15 of the CPSA, 15
U.S.C. 2064.
B. Determine that public notification under section 15(c) of the
CPSA, 15 U.S.C. 2064(c), is required in order to adequately protect the
public from the substantial product hazard presented by Omegas, and
order Respondents to:
(1) Give prompt public notice of the defect in the Omegas, the
severe risk of injury they pose to the public, and the available
remedies to remove the risk of injury;
(2) Mail notice to each person who is or has been a manufacturer,
distributor or retailer of the Omega;
(3) Mail notice to every person to whom Respondents know the Omega
was delivered or sold; and
(4) Include in the notice required by (1), (2) and (3) above a
complete description of the hazard presented, a warning to have Omegas
replaced immediately, and clear instructions for having Omegas replaced
by Respondents. The form and content of the notice will be specified by
the Commission.
C. Determine that action under section 15(d) of the CPSA, 15 U.S.C.
2064(d) is in the public interest and order Respondents to:
(1) Cease immediately manufacturing for sale, offering for sale,
and distributing in commerce Omega series fire sprinklers;
(2) Cease requiring ``performance'' testing of Omegas by all
building owners as any pre-condition to remedial action;
(3) Elect to repair all Omegas so they will perform properly; to
replace all Omegas with a like or equivalent product which performs
properly; or to refund to consumers the purchase price of the Omegas;
(4) Make no charge to consumers and to reimburse them for any
foreseeable expenses incurred in availing themselves of any remedy
provided under any order issued in this matter;
(5) Reimburse distributors and sprinkler contractors for expenses
in connection with carrying out any Commission Order issued in this
matter, including the costs of removal and replacement;
(6) Submit a plan satisfactory to the Commission, within ten (10)
days of service of the final Order, directing that actions specified in
paragraphs B(1) through B(4) and C(1) through C(5) above be taken in a
timely manner;
(7) Keep records of all actions taken to comply with paragraphs
C(1) through C(6), above; and supply these records to the Commission,
at the Commission's request, for a period of three (3) years after
entry of a Final Order issued by the Commission requiring notice and
remedial action, for the purpose of monitoring compliance with the
Final Order;
(8) Notify the Commission at least 60 days prior to any change in
its business (such as incorporation, dissolution, assignment, sale, or
petition for bankruptcy) that results in, or is intended to result in,
the emergence of successor ownership, the creation or dissolution of
subsidiaries, going out of business, or any other change that might
affect its financial or operational ability to comply with the final
Order and the
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corrective action plan submitted and approved pursuant to the Order;
and
(9) Take such other and further actions as the Commission deems
necessary to protect the public health and safety and to comply with
the CPSA.
Dated: March 3, 1998.
Issued by Order of the Commission.
Alan H. Schoem,
Assistant Executive Director, U.S. Consumer Product Safety Commission,
Office of Compliance, 4330 East West Highway, Bethesda, Maryland 20814,
301-504-0621.
[FR Doc. 98-6010 Filed 3-9-98; 8:45 am]
BILLING CODE 6355-01-M