IIB 117TH CONGRESS 1ST SESSION H. R. 1460 IN THE SENATE OF THE UNITED STATES APRIL 19, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 1460 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Nicholas and Zachary 2 Burt Memorial Carbon Monoxide Poisoning Prevention 3 Act of 2021’’. 4 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 5 (a) FINDINGS.—Congress finds the following: 6 (1) Carbon monoxide is a colorless, odorless gas 7 produced by burning any fuel. Exposure to 8 unhealthy levels of carbon monoxide can lead to car- 9 bon monoxide poisoning, a serious health condition 10 that could result in death. 11 (2) Unintentional carbon monoxide poisoning 12 from motor vehicles and improper operation of fuel- 13 burning appliances, such as furnaces, water heaters, 14 portable generators, and stoves, annually kills more 15 than 400 individuals and sends approximately 16 15,000 individuals to hospital emergency rooms for 17 treatment. 18 (3) Research shows that installing carbon mon- 19 oxide alarms close to the sleeping areas in residen- 20 tial homes and other dwelling units can help avoid 21 fatalities. 22 (b) SENSE OF CONGRESS.—It is the sense of Con- 23 gress that Congress should promote the installation of car- 24 bon monoxide alarms in residential homes and dwelling 25 units across the United States in order to promote the 26 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 1460 RFS health and public safety of citizens throughout the United 1 States. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) CARBON MONOXIDE ALARM.—The term 5 ‘‘carbon monoxide alarm’’ means a device or system 6 that— 7 (A) detects carbon monoxide; and 8 (B) is intended to sound an alarm at a 9 carbon monoxide concentration below a con- 10 centration that could cause a loss of the ability 11 to react to the dangers of carbon monoxide ex- 12 posure. 13 (2) COMMISSION.—The term ‘‘Commission’’ 14 means the Consumer Product Safety Commission. 15 (3) COMPLIANT CARBON MONOXIDE ALARM.— 16 The term ‘‘compliant carbon monoxide alarm’’ 17 means a carbon monoxide alarm that complies with 18 the most current version of— 19 (A) the Standard for Single and Multiple 20 Station Carbon Monoxide Alarms of the Amer- 21 ican National Standards Institute and UL 22 (ANSI/UL 2034), or any successor standard; 23 and 24 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 1460 RFS (B) the Standard for Gas and Vapor De- 1 tectors and Sensors of the American National 2 Standards Institute and UL (ANSI/UL 2075), 3 or any successor standard. 4 (4) DWELLING UNIT.—The term ‘‘dwelling 5 unit’’— 6 (A) means a room or suite of rooms used 7 for human habitation; and 8 (B) includes— 9 (i) a single family residence; 10 (ii) each living unit of a multiple fam- 11 ily residence, including an apartment build- 12 ing; and 13 (iii) each living unit in a mixed use 14 building. 15 (5) FIRE CODE ENFORCEMENT OFFICIALS.— 16 The term ‘‘fire code enforcement officials’’ means of- 17 ficials of the fire safety code enforcement agency of 18 a State or local government or a Tribal organization. 19 (6) INTERNATIONAL FIRE CODE.—The term 20 ‘‘IFC’’ means— 21 (A) the 2015 or 2018 edition of the Inter- 22 national Fire Code published by the Inter- 23 national Code Council; or 24 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 1460 RFS (B) any amended or similar successor code 1 pertaining to the proper installation of carbon 2 monoxide alarms in dwelling units. 3 (7) INTERNATIONAL RESIDENTIAL CODE.—The 4 term ‘‘IRC’’ means— 5 (A) the 2015 or 2018 edition of the Inter- 6 national Residential Code published by the 7 International Code Council; or 8 (B) any amended or similar successor code 9 pertaining to the proper installation of carbon 10 monoxide alarms in dwelling units. 11 (8) NFPA 720.—The term ‘‘NFPA 720’’ 12 means— 13 (A) the Standard for the Installation of 14 Carbon Monoxide Detection and Warning 15 Equipment issued by the National Fire Protec- 16 tion Association in 2012; and 17 (B) any amended or similar successor 18 standard relating to the proper installation of 19 carbon monoxide alarms in dwelling units. 20 (9) STATE.—The term ‘‘State’’— 21 (A) has the meaning given the term in sec- 22 tion 3(a) of the Consumer Product Safety Act 23 (15 U.S.C. 2052(a)); and 24 (B) includes— 25 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 1460 RFS (i) the Commonwealth of the North- 1 ern Mariana Islands; and 2 (ii) any political subdivision of a 3 State. 4 (10) TRIBAL ORGANIZATION.—The term ‘‘Trib- 5 al organization’’ has the meaning given the term in 6 section 4(l) of the Indian Self-Determination and 7 Education Assistance Act (25 U.S.C. 5304(l)). 8 SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POI- 9 SONING PREVENTION. 10 (a) IN GENERAL.—Subject to the availability of ap- 11 propriations authorized under subsection (f), the Commis- 12 sion shall establish a grant program to provide assistance 13 to States and Tribal organizations that are eligible under 14 subsection (b) to carry out the carbon monoxide poisoning 15 prevention activities described in subsection (e). 16 (b) ELIGIBILITY.—For the purposes of this section, 17 an eligible State or Tribal organization is any State or 18 Tribal organization that— 19 (1) demonstrates to the satisfaction of the 20 Commission that the State or Tribal organization 21 has adopted a statute or a rule, regulation, or simi- 22 lar measure with the force and effect of law, requir- 23 ing compliant carbon monoxide alarms to be in- 24 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 1460 RFS stalled in dwelling units in accordance with NFPA 1 72, the IFC, or the IRC; and 2 (2) submits an application— 3 (A) to the Commission at such time, in 4 such form, and containing such additional in- 5 formation as the Commission may require; and 6 (B) that may be filed on behalf of the 7 State or Tribal organization by the fire safety 8 code enforcement agency of that State or Tribal 9 organization. 10 (c) GRANT AMOUNT.—The Commission shall deter- 11 mine the amount of each grant awarded under this sec- 12 tion. 13 (d) SELECTION OF GRANT RECIPIENTS.—In select- 14 ing eligible States and Tribal organizations for the award 15 of grants under this section, the Commission shall give 16 favorable consideration to an eligible State or Tribal orga- 17 nization that demonstrates a reasonable need for funding 18 under this section and that— 19 (1) requires the installation of a one or more 20 compliant carbon monoxide alarms in a new or exist- 21 ing educational facility, childcare facility, health care 22 facility, adult dependent care facility, government 23 building, restaurant, theater, lodging establishment, 24 or dwelling unit— 25 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 1460 RFS (A) within which a fuel-burning appliance, 1 including a furnace, boiler, water heater, fire- 2 place, or any other apparatus, appliance, or de- 3 vice that burns fuel, is installed; or 4 (B) that has an attached garage; and 5 (2) has developed a strategy to protect vulner- 6 able populations, such as children, the elderly, or 7 low-income households, from exposure to unhealthy 8 levels of carbon monoxide. 9 (e) USE OF GRANT FUNDS.— 10 (1) IN GENERAL.—Subject to paragraph (2), an 11 eligible State or Tribal organization to which a grant 12 is awarded under this section may use the grant— 13 (A) to purchase and install compliant car- 14 bon monoxide alarms in the dwelling units of 15 low-income families or elderly individuals, facili- 16 ties that commonly serve children or the elderly 17 (including childcare facilities, public schools, 18 and senior centers); 19 (B) for the development and dissemination 20 of training materials, instructors, and any other 21 costs relating to the training sessions author- 22 ized under this subsection; or 23 (C) to educate the public about— 24 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 1460 RFS (i) the risk associated with carbon 1 monoxide as a poison; and 2 (ii) the importance of proper carbon 3 monoxide alarm use. 4 (2) LIMITATIONS.— 5 (A) ADMINISTRATIVE COSTS.—An eligible 6 State or Tribal organization to which a grant is 7 awarded under this section may use not more 8 than 5 percent of the grant amount to cover ad- 9 ministrative costs that are not directly related 10 to training described in paragraph (1)(B). 11 (B) PUBLIC OUTREACH.—An eligible State 12 or Tribal organization to which a grant is 13 awarded under this section may use not more 14 than 25 percent of the grant amount to cover 15 the costs of activities described in paragraph 16 (1)(D). 17 (C) STATE CONTRIBUTIONS.—An eligible 18 State to which a grant is awarded under this 19 section shall, with respect to the costs incurred 20 by the State in carrying out activities under the 21 grant, provide non-Federal contributions in an 22 amount equal to not less than 25 percent of 23 amount of Federal funds provided under the 24 VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 1460 RFS grant to administer the program. This subpara- 1 graph shall not apply to Tribal organizations. 2 (f) FUNDING.— 3 (1) IN GENERAL.—The Commission shall carry 4 out this Act using amounts appropriated to the 5 Commission for each of fiscal years 2021 through 6 2025, to extent such funds are available. 7 (2) LIMITATION ON ADMINISTRATIVE EX- 8 PENSES.—In a fiscal year, not more than 10 percent 9 of the amounts appropriated or otherwise made 10 available to carry out this Act may be used for ad- 11 ministrative expenses. 12 (g) REPORT.—Not later than 1 year after the last 13 day of each fiscal year in which grants are awarded under 14 this section, the Commission shall submit to Congress a 15 report that evaluates the implementation of the grant pro- 16 gram required under this section. 17 Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:31 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1460.RFS H1460 pamtmann on DSKBC07HB2PROD with BILLS