[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 179 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 179
To confirm the jurisdiction of the Consumer Product Safety Commission
with respect to releasing systems on residential window bars and to
establish a consumer product safety standard ensuring that all such
bars include a quick-release mechanism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Ms. Lee introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To confirm the jurisdiction of the Consumer Product Safety Commission
with respect to releasing systems on residential window bars and to
establish a consumer product safety standard ensuring that all such
bars include a quick-release mechanism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Access in Fire Emergencies Act
of 2007''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The United States Fire Administration (USFA) of the
Department of Homeland Security encourages prevention, fire
sprinklers, smoke detectors, and planned escape routes as main
goals of avoiding casualties in residential and commercial
fires.
(2) Window bars are most prevalent in low-income areas and
high crime areas, where other security risks often overshadow
fire safety standards.
(3) According to the USFA, children, the elderly, persons
who are mobility-impaired, and firefighters are especially
vulnerable to fatalities or injuries involving residential
window bars.
(4) Persons have died in residential fires as a result of
being trapped by window bars in at least 14 States, including
Alabama, Arizona, California, Florida, Georgia, Kansas,
Michigan, Mississippi, Missouri, New Jersey, Oklahoma,
Pennsylvania, Tennessee, and Texas.
(5) Some States, including Mississippi, California, Texas,
and, most recently, Oklahoma, have established safety standards
for window bars.
(6) On June 12, 2005, five children were killed in a house
fire in Philadelphia, Pennsylvania, when their escape was
prevented by ground-level, residential window bars.
(7) Collecting information on a national basis regarding
the risks and casualties caused by window bar entrapment during
residential fires will help in raising public awareness of such
risks and casualties.
SEC. 3. DEFINITION OF WINDOW BARS.
For purposes of this Act, the term ``window bars'' means any metal
or other bars, grills, grates, heavy-duty screens, glazing, or other
barriers that are designed--
(1) to cover exterior and interior escape windows in
residential dwelling units; and
(2) to deter any physical security threats to the home,
including threats from burglars.
Such term does not include any such barriers that (A) protect children
from falling from open windows in upper floors of buildings, and (B)
protect nonresidential or commercial properties.
SEC. 4. SAFETY STANDARD FOR WINDOW BARS.
(a) Rulemaking Required.--The Consumer Products Safety Commission
(in this Act referred to as the ``Commission'') shall initiate a
rulemaking proceeding under section 553 of title 5, United States Code,
within 90 days after the date of the enactment of this Act to establish
a consumer product safety standard under section 7(a) of the Consumer
Product Safety Act (15 U.S.C. 2056(a)) for window bars, except that the
Commission may extend such 90-day period for good cause.
Notwithstanding any other provision of law, including chapter 5 of
title 5, United States Code, the Commission shall promulgate a final
rule establishing such consumer product safety standard within 12
months after the date on which the rulemaking pursuant to this
subsection is initiated, except that the Commission may extend such 12-
month period for good cause. Such consumer product safety standard
shall take effect upon the expiration of the 6-month period beginning
on the date on which the final rule establishing such standard is
promulgated.
(b) Releasing System Requirement.--The standard established
pursuant to subsection (a) shall--
(1) require all window bars that are manufactured or
installed in the United States to incorporate releasing systems
that meet the minimum standards under subsection (c); and
(2) address releasing systems for interior- and exterior-
based window bars.
(c) Minimum Standards for Releasing Systems.--The minimum standards
under this subsection for releasing systems for window bars shall
require that such systems--
(1) when actuated, can move such bars and provide egress to
occupants of residential dwelling units equipped with such
bars; and
(2) at a minimum, can be actuated manually from the
interior of a residential dwelling unit and provide escape
through the protected opening.
(d) Consultation.--In developing the standard pursuant to
subsection (a), the Commission shall consult with experts, including
manufacturers of window bars, housing and building codes authorities,
and representatives of the United States Fire Administration, the
National Fire Protection Association, Underwriters Laboratories, Inc.,
officials in States that have in effect window bar safety standards,
and other similar public safety-related organizations.
(e) Enforcement.--Compliance with the consumer product safety
standard established pursuant to this section shall be enforced under
the Consumer Product Safety Act.
SEC. 5. LABELING REQUIREMENT.
The Consumer Products Safety Commission shall require each
manufacturer selling, or offering for sale, in the United States, any
window bars to include in the packaging for the window bars a written
statement clearly explaining how the window bars are to be configured
and installed and the inclusion and operation of the releasing system
incorporated pursuant to section 4(b).
SEC. 6. FEDERALLY ASSISTED HOUSING.
It is the sense of the Congress that all public housing dwelling
units, all dwelling units assisted under section 8 of the United States
Housing Act of 1937, all manufactured housing units, and all homes
purchased using any loan made, insured, or guaranteed under the
National Housing Act or title 38, United States Code, should meet a
minimal standard for use of window bars that requires such bars to
incorporate an emergency releasing system.
SEC. 7. PROVISION OF DATA.
The Commission shall establish and maintain a National Electronic
Injury Surveillance System (NEISS) code and system for collection of
information and statistics on casualties associated with window bars.
SEC. 8. NO EFFECT ON STATE LAW.
Notwithstanding section 26 of the Consumer Product Safety Act (15
U.S.C. 2075), this Act may not be construed to annul, alter, impair,
affect, or exempt any person subject to the provisions of this Act from
complying with any provision of the law of any State or any political
subdivision thereof, except to the extent that such provisions of State
law are inconsistent with any provision of this Act, and then only to
the extent of the inconsistency. A provision of State law may not be
considered to be inconsistent with this Act if such provision applies
more stringent requirements with respect to window bar releasing
systems than is afforded by this Act.
SEC. 9. NOTICE.
The Commission shall promptly, upon the enactment of this Act, take
such actions as may be appropriate to inform all manufacturers of
window bars distributed in interstate commerce or installed within the
United States of the provisions of this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Consumer Product
Safety Commission for carrying out this Act such sums as may be
necessary for each of fiscal years 2008 through 2012.
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