Unconstitutional

A Call for Immediate Repeal of an Unconstitutional C O alarm LAW

DO NOT BELIEVE the gross deception due to the “Intentional Omission” of all of the “Negative Content” contained within the UL-2034 and CSA-6.19 C O alarm Standards, especially the omission of the parts per million of C O at which they actually “TEST” the C O alarms and the Liability Disclaimers found in all of their Listed & Labeled C O alarms Owner’s Manuals and usually are also clearly visible printed somewhere on the C O alarm packaging.

As BAD, and as disappointing as all of the facts noted below are, to me they are not nearly as serious as the obvious intent to defraud by the omission of all of the negative content in UL-2034 and the total Omission of any of the Liability Disclaimers describing the Important Health Risks being ignored, and the Millions of Citizens being left unprotected by UL-2034 Listed and Labeled C O alarms.

I am especially upset with UL, Inc. for Intentionally failing to even mention the very negative content of UL-2034 that totally FORBIDS the manufactures of a UL-2034 Listed & Labeled C O alarms from making a C O alarm that Protects EVERYONE in the home, not just the “YOUNG HEALTHY ADULTS” in their widely circulated Promo Document Titled:

“Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview”.

This document was designed to conceal every medical weakness in UL-2034., and which unfortunately for millions of our most venerable Citizens, has been Very Successful in misleading thousands of Code Writers, Fire Officials and Politicians.

Of course UL, Inc. realizes that if they told everyone the true facts in simple language, instead of hiding it in easy to accept gobbled-de-gook” such as “to reduce nuisance alarms”, Code Writers, Fire Officials and Politicians would never Endorse and Mandate such a flawed C O Standard in their States.

However, A direct quote from “Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview”, reveals the “Hidden Truth” when it says:

“Units are also tested to determine that they do not operate at lower CO

concentrations–exposure times so they do not generate nuisance alarms due to background CO that may be related to traffic or normal operation of fuel burning appliances.”

This is a VERY Revealing Admission by UL, Inc., too bad that anyone who doesn’t know the C O PPM levels at which UL-2034 actually requires testing does not realize the huge importance of this UL, Inc. admission: “UL 2034 considers ALL C O Levels 64 PPM or less to be “Acceptable Background Levels of C O.”

The “Testing” referred to above, as per UL-2034 is done at 70, 150 & 400 PPM.

The Lowest Test Level as per UL-2034 is: 70 PPM, [ + - 5 PPM ]

This clearly means that the Lowest C O PPM Level at which UL-2034 “Testing” is required is 65 PPM.

In addition, I am very appalled that this Mandatory Requirement has caused an increase in C O Liability Lawsuits against every C O alarm Installer / Contractor that is now “Forced” to become the “Fall Guys” of this Unconstitutional Mandatory UL-2034 Listed & Labeled “ONLY” C O alarm Installation Requirement. The enactment of this LAW also condemns millions of our Citizens to the serious mental, physical and emotional suffering resulting from the lifelong effects of Chronic Low Level C O Poisoning.

The presence of the mountain of Scientific Medical evidence from the UCLA Medical Center; as well as other Leading Medical Centers Worldwide, combined with the full disclosure of the “Liability Disclaimers” placed on all UL-2034 Listed C O alarms, I believe that it should be Very Obvious to every Code Writer, Fire Official, and Politician that have been Seriously “Duped” by UL, Inc. and its UL-2034 Promo Document Titled: “Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview”, thereby being denied learning about any of the negative content within the UL-2034 Standard before casting their Votes.

After being blindly led down this pathway to mandating irreversible, lifelong Mental, Medical and Physical damage and suffering for the millions of your most venerable Citizens by UL, Inc., NOW, I believe that it is time for the thousands of mislead “Seriously DUPED” Fire Chiefs, Code Writers and Politicians to Immediately take action to REPEAL the New Unconstitutional C O Requirement for UL-2034 Listed & Labeled C O alarms.

It is clearly unconstitutional under the 14^th Amendment Equal Protection Clause that states: “No Law shall be enacted or enforced that does not provide EQUAL PROTECTION to all Citizens.”

Obviously, a product which says that it is designed to protect “Young, Healthy Adults” while further pointing out in the Liability Disclaimers on all UL-2034 Listed & Labeled C O alarms verifying that they WILL NOT properly protect Millions of our Nation’s most venerable Citizens such as those listed below, including, but not limited to the fetus, pregnant women, infants, young children, the Elderly and all those affected by many serious illnesses or diseases.

A Kidde-Nighthawk Model #KN-COPP-3 says: "Pregnant women, infants, children, senior citizens, persons with heart or respiratory problems and smokers may experience symptoms at lower levels of exposure than noted. Individuals with medical problems may consider using warning devices which provide audible and visual signals for carbon monoxide concentrations under 30ppm.

PRO-TECH and their parent company S-Tech; as well as many other UL-2034 Listed C O alarm manufacturers say: “Individuals with medical problems may consider using warning devices which provide audible and visual signals for carbon monoxide concentrations under 30ppm

The is clearly stated in the UL-2034 Standard’s “Scope” of C O PPM levels at which Testing “IS” and “IS NOT” Required, and which of our Citizens such a C O Standard “Does and Does Not” PROTECT.”

UL-2034 MUST Alarm Levels & TIMES

Table 39.1

Carbon monoxide concentration versus time for alarm test points based on 10 percent

Carboxyhemoglobin, (COHb)

A. Carbon monoxide concentration and response time

Concentration PPM ….. Response time, minutes

70 ±5 PPM ….. 60 – 240 minutes

150 ±5 PPM ….. 10 – 50 minutes

400 ±10 PPM ….. 4 – 15 minutes

39.1.2 ….. A carbon monoxide alarm shall not operate (alarm signal) below the test points specified in Part B of Table 39.1,

B. False alarm – carbon monoxide concentration resistance specifications Concentration, ppm EXPOSURE TIME,

(no alarm]

70 ±5 60 minutes

30 ±3 30 days

Clearly marked on Every UL / CSA C O alarm, directly under the “effects of C O exposure chart” is the statement that: ….. “these products are made to PROTECT “Young, Healthy Adults”.

DO NOT BELIEVE the gross deception due to the “Intentional Omission” of all of the “Negative Content” contained within the UL-2034 and CSA-6.19 C O alarm Standards, especially the omission of the parts per million of C O at which they actually “TEST” the C O alarms and the Liability Disclaimers found in all of their Listed & Labeled C O alarms Owner’s Manuals.

Obviously, these C O alarms are NOT providing “EQUAL PROTECTION Under this new California UL-2034 C O Law.”

***** FUNDING: The University of California's Tobacco-related Disease Research Program

According to Scientist at UCLA, and Research Scientists at other Leading Medical Institutions throughout the World who have recently released Reports on their Medical Studies regarding the many devastating effects of Chronic Low Level C O., Carbon Monoxide, resulting from second hand smoke; as well as many other sources as low as 5 PPM, [parts per million], were found to result in the following.

Underweight Babies, with smaller Head Sizes; as well as some other Serious Birth Defects in the newborn. The FETUS is severely and irreversibly effected by Very Low Levels of COHb during the 3rd trimester; as well as Increased suffering due to OXIDATIVE STRESS caused by Low Level Chronic C O Poisoning in persons having any of the following illnesses:

a. Alzheimer's

b. Parkinson's

c. Multi Sclerosis

d. Lou Gherig's Disease

e. Cardiovascular Disease

f. Asthma

g. Various other Respiratory Problems

2. Early detection Will REDUCE the 33% that SUFFER HEART TROUBLE AFTER C O POISONING.

3. Early detection Will REDUCE the NUMBER of STROKES Suffered due to BAD AIR Quality

UCLA scientists first to identify mechanism

FINDINGS: UCLA scientists have discovered how chronic exposure to low levels of carbon monoxide (CO) damages the inner ear of the very young, resulting in permanent hearing loss. At the Ca/OSHA's exposure limit of 0.0025 percent -- or 25 parts per million CO in the air -- the gas creates oxidative stress, a condition that damages the cochlear cells, leading to impairment of the auditory nerves.

CONTEXT: Tobacco smoke, gas heaters, stoves and ovens all emit CO, which can rise to high concentrations in poorly ventilated homes. Infants and children are particularly vulnerable to CO exposure because they spend a great deal of time in the home. No policies exist to regulate CO in the home. Many commercial home monitors sound an alarm only 70 to 240 minutes after CO concentrations reaches 70 PPM, [parts per million], nearly three times the 25 parts per million limit set by Cal/OSHA.

IMPACT: This is the first time that inhaled CO has been linked to oxidative stress, a known risk factor in many disorders, including Alzheimer's, Parkinson's, multiple sclerosis, Lou Gherig's disease and cardiovascular disease.

Tobacco smoke, which contains CO, aggravates many of these diseases. The UCLA findings highlight the need for policy makers to reexamine the regulation of car exhaust, tobacco smoke, smog, and heating and cooking appliances.

AUTHORS: John Edmond, Ph.D., professor of biological chemistry; Ivan Lopez, Ph.D., assistant professor of head and neck surgery; and Douglas Webber, Ph.D., postdoctoral fellow; at the David Geffen School of Medicine at UCLA, are available for interviews.

JOURNAL: The research appears in the June 1 issue of the Journal of Neuroscience Research.

FUNDING: The University of California's Tobacco-related Disease Research Program.

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Part #2

A Call for Immediate Repeal of an Unconstitutional C O alarm LAW.

The “Fall Guys” for the New Mandatory C O LAW are the State’s

C O alarm installers, HVAC and Security Alarm Contractors.

Everyone Loses Important “Health” Protection under the new Unconstitutional Mandatory UL-2034 C O alarm Requirement; however, in addition this is a Very Serious Wake Up Call for ALL C O alarm Installers / Contractors who are truly the #1 “FALL-GUYS” as a result of this very poorly conceived mandatory requirement.

UL considers ALL C O Levels 64 PPM or less to be “Acceptable Background Levels of C O”. [ If you doubt this, read and verify FACTS below. ]

The Liability Disclaimers on UL-2034 / CSA-6.19 Listed & Labeled C O alarms tell the TRUE Story….. [ In their typical “Smoke Screen” way.]

However, A direct quote from “Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview”, reveals the “Hidden Truth behind the UL -2034 Smoke Screen” when it says:

“Units are also tested to determine that they do not operate at lower CO

concentrations–exposure times so they do not generate nuisance alarms due to background CO that may be related to traffic or normal operation of fuel burning appliances.”

This is a VERY Revealing Admission by UL, Inc.. [ Too bad that anyone who does not know the C O PPM levels at which UL-2034 actually Requires “Testing” does not realize the huge importance of this UL, Inc. admission: “UL, Inc. & UL-2034 considers ALL C O Levels 64 PPM or less to be “Acceptable Background Levels of C O.”

The “Testing” referred to above, as per UL-2034 is done at 70,150 & 400 PPM.

The Lowest Test Level as per UL-2034 is: 70 PPM, [ + - 5 PPM ]

This clearly means that the Lowest C O PPM Level at which UL-2034 “Testing” is required is 65 PPM

We are now living in a World filled with Trial Lawyers & “Liability Disclaimers”.

Recent Jury Awards of 37 Million, 34 Million, 31 Million & 25 Million Dollars

The Trial Lawyers are Filling their Pockets and their Bank Accounts at the C O alarm Installers / Contractors Expense. If you doubt this, talk to the Security Alarm Installers in MA,

and then ask ADT WHY they recently Changed the wording in their Nationwide C O protection Commercials, that formerly said: “also protects you from fire, smoke and Carbon Monoxide”, ….. to the current wording: “also protects you from fire, smoke and HIGH LEVELS OF CARBON MONOXIDE.”

It may not seem “FAIR”, but here are the FACTS that you must deal with in advance.

UL, Inc. has received “Full Legal Relief” from Liability in all previous attempts to involve them in previous product failure lawsuits based on the fact that they simply “Write” the Standard, it is the manufacturer that is totally responsible for any and all product failures to operate as claimed.

Each and every manufacturer of a UL-2034 Listed C O alarm is responsible for writing their own “Liability Disclaimers” and Every UL-2034 Listed C O alarm manufacturer does.

The "Wording" on the Nighthawk Model #KN-COP-DP (P/N 900-0056) packaging is as follows: "Pregnant women, infants, children, senior citizens, persons with heart or respiratory problems and smokers may experience symptoms at lower levels of exposure than noted. Individuals with medical problems may consider using warning devices which provide audible and visual signals for carbon monoxide concentrations under 30 ppm."

NOW, let’s review the “Chain of Liability” the Trial Lawyers will Sue:

1. UL ….. NO Chance of recovery

2. C O alarm manufacturer ….. Protected by “Liability Disclaimers”

3. C O alarm Installer / Contractor = Unprotected “Soft Target”

The NEVER Mentioned “Dirty Secret”, Hidden Behind or WITHIN the Liability Disclaimers by the UL-2034 “Smoke Screen of all Smoke Screens”.

Follow this Closely: the liability Disclaimers on all UL-2034 C O alarms tell the Consumer to obtain a C O Monitor that will give them “Audible & Visual Warnings at 30 PPM or less”.

The Intent and “Hope” of UL, Inc. and the UL-2034 Listed C O alarm manufacturers is that everyone will “Zone in” on the “NO Warning at 30 PPM for 30 days” provision in UL-2034; thereby preventing you from realizing that the Truth is that the lowest level of C O at which UL-2034 Listed and Labeled C O alarms are tested is 65 PPM, NOT 30 PPM.

This IS Exactly what the UL Document titled:

“Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview” was also designed to do, and unfortunately for Millions of our most venerable Citizens, this very widely distributed UL, Inc. Document has been Very Successful in misleading thousands of Code Writers, Fire Officials and Politicians.

UL-2034 indicates that a UL-2034 Listed C O alarm manufacturer “Could” sound an audible alarm at 30 PPM after 30 days; however, there is NO such testing required, nor is “Testing” required at any other level of C O between “000” and “065” PPM.

In every case I am personally aware of, every time a level of C O below 65 PPM is mentioned to UL, Inc. or one of their Listed C O alarm manufacturers the response is always:

“That is OUT OF The Scope of UL-2034.”

Absolutely None, Zero of these UL-2034 “Health Risk Hazards” were ever mentioned to the Code Writers, who I believe were “Intentionally Duped” by UL, Inc.’s PROMO document on their UL-2034 C O alarm Standard Titled: “Carbon Monoxide Alarm Considerations for Code Authorities Alarm overview.”

The FACTS are clearly stated in the UL-2034 Standard’s “Scope” of C O PPM levels at which Testing “IS” and “IS NOT” Required, ….. and which of our Citizens such a C O Standard “DOES and DOES NOT PROTECT”, and it clearly says: “these products are made to PROTECT Young, Healthy Adults”.

If you are installing ONLY UL-2034 Listed C O alarms, you are Guilty of totally ignoring your customer’s need for protection from Chronic Low Level C O Poisoning that causes irreversible life changing mental and physical damage. I believe that you will find the Trail Lawyers are getting in line at your door.

All Security Alarm Installers, HVAC Contractors and all other C O alarm installers who are being Forced to install ONLY UL-2034 Listed & Labeled C O alarms by this Unconstitutional Mandatory LAW; thereby immediately leaving them with No, None, Zero defense when being sued because one or more of their Customers has become a victim of Chronic Low Level C O Poisoning.

One SURE WAY to avoid Liability Lawsuits due to the effects of Chronic Low Level C O Poisoning and the utter failure of UL-2034 Listed and Labeled C O alarms to provide such “Health and Safety” Protection is to installed the needed number of C O – Experts Low Level C O “Health” Monitors in every home, plus obtaining a signed “Liability Release Form” for all Security Alarm Installers, HVAC Contractors or others who are being forced to install UL-2034 Listed C O alarms.

[ C O alarm Installer’s Contractor’s Company’s name ], has advised the undersigned, and the undersigned acknowledges, that the CO Experts Low Level C O “Health” Monitor is Not listed to the UL-2034 CO Alarm Standard as required to meet the requirements of the State’s Carbon Monoxide Alarm Detector Act, and is intended to be a supplemental Low Level C O detection device. We believe that these Low Level C O Monitors are extremely important to assure the health and safety of your family. We believe you will agree when you realize that the UL-2034 Listed Hardwired C O alarms; just like the Retail Grade C O alarms you can purchase at many retail stores are not tested and will not alarm at the Lower Levels of C O that can cause Chronic Low Level C O Poisoning and that all of these UL-2034 Listed & Labeled C O alarms contain Liability Disclaimers warning that purchaser / consumer that they may not properly protect the fetus, pregnant women, infants, young children, the elderly or anyone that has other serious illnesses or disease.

If you decline the addition of supplementary Low Level C O Monitors, your signature shall constitute your release of any and all Claims of Liability for C O Poisoning that may occur in the future.

I urge you to read the above “Liability Release” again and pay special attention to the fact that every home must add Low Level C O Monitors into their home protection system in order to provide the level of protection most families desire to have in their homes. Many larger homes may need to install three or four Low Level C O Monitors in order to have full protection throughout the home.

A Lifetime Dedicated to Health & Life Safety,

George E. Kerr, President / Founder,

C O – Experts

gekerr@tds.net