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Home My WebLink About5003RESOLUTION NO 5003 • RESOLUTION APPROVING THE FILING OF • PETITION FOR EXEMPTION FOR THE CITY OF PUEBLO FOR 15 U.S.C. SECTION 2075(a) AS IT APPLIES TO THE CONSUMER PRODUCT SAFETY COMMISSION STANDARDS REQUIRING OXYGEN DEPLETION SAFETY SHUTOFF SYSTEMS FOR UNVENTED SPACE HEATERS AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Petition for Exemption dated July 12, 1982, a copy of which is attached hereto and incorporated herein, requesting exemption for the City of Pueblo for 15 U.S.C. Section 2075(a) as it applies to the Consumer Product Safety Commission Standards requiring oxygen depletion safety shutoff systems for unvented space heaters having been approved by the City's Board of Gas Examiners, and having been approved as to form by the City Attorney is hereby approved. SECTION 2 The President of the City Council is hereby authorized and directed to execute said Petition for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED July 12 , 1982 By HAROLD MABIE, JR. Councilperson APPROVED: President of the Council ATTEST: City le k V �. BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION OF THE UNITED STATES OF AMERICA IN THE MATTER OF: Petition of the City Council of the City of Pueblo, Colorado, for Exemption for 15 U.S.C. §2075(a) As it Applies to Commission Safety Standards Requiring Oxygen Depletion Safety Shutoff Systems (ODS) for Unvented Space Heaters (16 C.R.F. Part 1212) PETITION FOR EXEMPTION DOCKET NO. Petitioner, City Council of the City of Pueblo, Colorado, respectfully petitions the Commission for a rule exempting the City of Pueblo from the preemption provisions of 15 U.S.C. §2075(a), and in support thereof sets forth as follows: 1. Petitioner is the City Council of the City of Pueblo, a body politic incorporated pursuant to Article 20 of the Colorado Constitution and Title 31 of the Colorado Revised Statutes with authority to promulgate and enforce safety stan- dards with respect to gas -fired heating appliances. 2. On the 27 day of October , 1980, Ordinance No. 4802 was adopted by the Petitioner. This Ordinance adopted the Uniform Mechanical Code, 1979 Edition. Section 807(c) of the Uniform Mechanical Code and this ordinance prohibit unvented fuel- burning room heaters. The Pueblo City Charter and Sections 31 -15 -601, 31 -16 -201, et seq., C.R.S. 1973 (as amended), authorizes the City of Pueblo to regulate buildings and the heating systems therefore. 3. On August 17, 1980, the Commission published in the Federal Register a final rule entitled "Safety Standards Requiring Oxygen Depletion Safety Shutoff Systems (ODS) for Unvented Gas -Fired Space Heaters. "See 45 Fed. Reg. 61880 (Aug. 17, 1980), codified as 16 C.F.R. Part 1212 (1981). See also 46 Fed. Reg. 68930 (Oct. 17, 1980); 46 Fed. Reg. 10458 (Feb. 3, 1981); 46 Fed. Reg. 29692 (June 3, 1981), extending effective date to 12/31/81. 4. The standard set forth in paragraph 2, supra pro- vides a significantly higher degree of protection from the risk of carbon monoxide poisoning from unvented gas -fired space heaters than does the Commission's standard set forth in paragraph 3, supra in the following respects: A. The regulation referenced in 2 above is a restriction of installation in that it requires that unvented gas -fired room and space heaters be listed and comply with recognized safety standards. Recognized safety standards, as referenced in 2 above, contain limitations on carbon monoxide production as well as other safety related requirements. The Commission's standard contains no direct limitations on carbon monoxide production nor any other safety related requirements. B. The regulation referenced in 2 above totally bans installation of unvented gas -fired room and space heaters. This ban is based on the potential for carbon monoxide poisoning coincident with improper adjustment, poor maintenance, or use of such heaters. The Commission's standard contains no direct limitations on carbon monoxide production nor any other safety related requirements. The Commission's standard does not even go so far as to require compliance with recognized safety standards. C. The regulation referenced in 2 above bans installation of unvented gas -fired room and space heaters in sleeping rooms, bathrooms, homes for the aged, nursing homes, rooms for transients, motels, etc. This is a restriction of installation based on the potential for carbon monoxide poisoning, burn hazard, clothing ignition potential and general safety of persons forced to be in close proximity to or unfamiliar with the use of unvented room heaters. The Commission's standard contains no direct limitations on carbon monoxide production nor any other safety related requirements. The Commission's standard does not even go so far as to require compliance with recognized safety standards. 5. Enforcement of the standard set forth in paragraph 2, supra will not unduly burden interstate commerce. This standard has been in effect for approximately 12 years and has not imposed a hardship on any person or entity doing business in the City of Pueblo. 6. Pursuant to 15 U.S.C. §2075(a), Petitioner may lack authority to enforce the standard set forth in paragraph 2, supra 7. Pursuant to 15 U.S.C. §2075(c), the Commission has the authority, after notice and opportunity for oral presentation of views, to grant the relief requested. WHEREFORE, Petitioner respectfully petitions the Commission to issue a rule exempting the City of Pueblo from the pre- emption provisions of 15 U.S.C. §2075(a). Respectfully submitted, Dr. Melvin Takaki President, Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Telephone: (303) 545 -0561 -2- I, Lucy J. Costa, City Clerk of the City of Pueblo, Colorado, do hereby certify that the attached is a true and correct copy of Resolu- tion No. 5003, adopted by the Council of Pueblo on July 12, 1982, and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 13th day of July, 1982. ty C e rk (S E A L) CITY OF PUEBLO COLORADO DEPARTMENT OF PUBLIC WORKS DIVISION OF INSPECTION MEMORANDUM TO: Dr. Melvin Takaki, President and Members of City Council FROM: Board of Gas Examiners SUBJECT: PETITION FOR EXEMPTION DATE: May 13, 1982 211 E. "D" STREET PUEBLO, COLORADO 81003 We the undersigned, members of the Board of Gas Examiners for the City of Pueblo, do hereby request the acceptance and execution of the attached petition for exemption for the City of Pueblo for 15 U.S.C., Section 2075A. 1 Donald P. White, 7ueblo Gas & Fuel �Bil Olson, Pueblo Gas & Fuel Jac Carpenter, Mac ndoe Pjb. & Htg. Tom Cvar, Director of Public Works Si atsork< cting Chief Building Inspector COLORFUL SOUTHERN COLORADO D O ��' �A ED City of Pueblo City Attorney 127 First National Bank Bldg. Pueblo, Colorado 81003 May 17, 1982 Lucy Costa City Clerk City of Pueblo 1 City Hall place Pueblo, CO 81003 Dear Lucv: After the Citv Council passes the Resolution the original of the Petition signed by Dr. Takaki and a certified copy of the Resolution should be sent to the Office of the Secretary, Consumer Product Safety Commission, r�]ashington, D.C. 20207, by letter over the signature of Dr. Takaki on City stationery. The form of the letter is enclosed as part of the material to be distributed to the Citv Council. very truly yours, Thomas E. Jagger City Attorney TEJ:sm enc. P.S. Also, please send a signed copy of the petition and Resolution to the Inspection Division at Public TIorks. Thank vou. ' r 7 / Office of the Secretary Consumer Product Safety Commission Washington, D.C. 20207 RE: Petition for Exemption for 15 U.S.C. §2075(a) Dear Mr. Secretary: Please find enclosed an original and 5 copies of a Petition for Exemption for 15 U.S.C. §2075(a) as it applies to Commission Safety Standards Requiring OXygen Depletion Safety Shutoff Systems for Unvented Space Heaters. Kindly advise if you require any further information or documentation. Thank you for your time and assistance in this regard. Very truly yours, Dr. Melvin Takaki President, Pueblo City Council