CPSC Issues ANPR on Possible Regulation of Firepots & Gel Fuel
The Consumer Product Safety Commission has issued an advance notice of proposed rulemaking as it has reason to believe that firepots and gel fuel used together may present an unreasonable risk of injury. CPSC invites comments on the risk of injury of these products and the regulatory alternatives discussed in the notice. Interested persons may also submit an existing standard or a statement of intent to modify or develop a voluntary standard to address the risk of injury described in the notice.
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Comments are due by February 27, 2011.
(Firepots are portable, decorative lighting accents marketed for indoor and outdoor use. Their purpose is decorative. They provide some illumination and are not intended to provide heat. Many are made of ceramic material and look like vases or decorative pots, but some have different features and materials, such as a partial enclosure made of glass. Firepots are also sometimes called personal fireplaces, personal fire pits, firelights, or fire bowls. They are used with alcohol-based gel fuel.)
Regulatory Alternatives Include Mandatory Standard, Labeling Rule, Ban, Etc.
CPSC is considering the following regulatory alternatives to address the risk of injury1 associated with firepots and gel fuel:
Mandatory standard. CPSC could issue a rule establishing performance requirements for firepots and/or gel fuel to prevent or reduce an unreasonable risk of injury associated with these products. For example, possible performance requirements for firepots might include stability requirements to address the tip-over hazard. Possible requirements for gel fuel might include performance requirements for flame visibility to increase consumers’ awareness of the presence of a flame. To address the refueling hazard, one option may be requirements for gel fuel containers to prevent ignition of the flammable headspace or to require venting of the container.
Mandatory labeling rule. CPSC could issue a rule setting requirements for labeling and/or instructions for firepots and/or gel fuel if it found that such warnings and instructions could sufficiently reduce the risk of injury identified in the reported incidents.
Voluntary standard. If CPSC determined that a voluntary standard were adequate to address the risk of injury associated with firepots and gel fuel, it could defer to the voluntary standard in lieu of issuing a mandatory rule.
Banning rule. In addition, CPSC could issue a rule declaring firepots and/or gel fuel to be banned hazardous products if it found that no feasible consumer product safety standard would adequately protect the public from the unreasonable risk of injury associated with these products.
No regulatory action. CPSC could also opt not take regulatory action, but instead continue to rely on corrective actions under section 15 of the CPSA to address the risk of injury associated with firepots and gel fuel.
1As of September 30, 2011, CPSC is aware of 76 incidents that resulted in 2 deaths and 86 injuries involving firepots used with gel fuel. Many of the injuries were severe, with over half of the victims reportedly requiring hospitalization.
(See ITT’s Online Archives 11061535 for summary of CPSC launching an investigation of gel fuels used in firepots.)
CPSC contact - Rohit Khanna (301) 987--2508
(FR Pub 12/27/11)