[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1406.1]

[Page 394-395]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1406_COAL AND WOOD BURNING APPLIANCES_NOTIFICATION OF PERFORMANCE 
AND TECHNICAL DATA--Table of Contents
 
Sec.  1406.1  Scope, purpose, and effective date.




Sec.  
1406.1 Scope, purpose, and effective date.
1406.2 Background.
1406.3 Definitions.
1406.4 Requirements to provide performance and technical notice to 
          prospective purchasers and purchasers.
1406.5 Performance and technical data to be furnished to the Commission.

    Authority: 15 U.S.C. 2051, 2076.


    (a) Scope. This part 1406 requires manufacturers, including 
importers, of

[[Page 395]]

coal and wood burning appliances, as defined in Sec.  1406.3(a), to 
provide consumers with a specified notification concerning the 
installation, operation, and maintenance of the appliances. The 
notification is intended to provide consumers with technical and 
performance information related to the safety of the appliances. This 
part 1406 also requires these manufacturers to provide to the Commission 
a copy of the notification to consumers and a statement of the reasons 
supporting the manufacturer's conclusion that certain clearance 
distances contained in the notification are appropriate for preventing 
fires.
    (b) Purpose. This regulation is intended to reduce the unreasonable 
risk of injury from fire associated with inadequate information provided 
with coal and wood burning appliances. This rule does not replace any 
voluntary standards applicable to these appliances or any state or local 
requirements applicable to the installation, use, or maintenance of such 
appliances that are not inconsistent with this rule. Thus, for example, 
a local code could require the actual installation of appliances at 
different distances from combustibles than those specified on the label 
required by this rule, and voluntary standards or local codes could 
require labeling or instructions in addition to those required by this 
rule. The fact that a product complies with this regulation is not 
intended to be a substitute for the performance tests and other criteria 
established by listing organizations whose approval is required to meet 
some state or local requirements applicable to these appliances.
    (c) Effective date. (1) Except as provided in paragraphs (c)(2) and 
(c)(3) of this section, manufacturers, including importers, of coal and 
wood burning appliances as defined in Sec.  1406.3(a) must comply with 
this regulation with respect to stoves that are manufactured or imported 
after October 17, 1983, or that are first introduced into United States 
commerce after May 16, 1984, regardless of the date of manufacture. For 
the purposes of this rule, an appliance is manufactured when no further 
assembly of the appliance is required (i) before shipment by the 
manufacturer or (ii), if the product is not so shipped, before delivery 
to the first purchaser. A product manufactured in the United States 
(U.S.) is first introduced into U.S. commerce when it is shipped by the 
manufacturer or delivered to the next purchaser, whichever comes first. 
A product manufactured outside the U.S. is first introduced into U.S. 
commerce when it is first brought within a U.S. port of entry.
    (2) The requirements of Sec.  1406.4(c) apply to sales catalogs and 
point of sale literature provided by manufacturers after May 16, 1984.
    (3) Section 1406.5 is effective December 6, 1983.

(Information collection requirements contained in paragraph (a) were 
approved by the Office of Management and Budget under control number 
3041-0040)

[48 FR 21914, May 16, 1983; 48 FR 26761, June 10, 1983, as amended at 48 
FR 50706, Nov. 3, 1983; 48 FR 52889, Nov. 23, 1983]