15 U.S.C. § 2235 — Investigation authorities

Page 1823 TITLE 15—COMMERCE AND TRADE § 2235 (2) Fire control or rescue equipment The term ‘‘fire control or fire rescue equip- ment’’ includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus. (3) Qualified fire control or rescue equipment The term ‘‘qualified fire control or rescue equipment’’ means fire control or fire rescue equipment that has been recertified by an au- thorized technician as meeting the manufac- turer’s specifications. (4) State The term ‘‘State’’ includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such State, territory, or possession. (5) Volunteer fire company The term ‘‘volunteer fire company’’ means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals re- ceive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual. (6) Authorized technician The term ‘‘authorized technician’’ means a technician who has been certified by the man- ufacturer of fire control or fire rescue equip- ment to inspect such equipment. The techni- cian need not be employed by the State or local agency administering the distribution of the fire control or fire rescue equipment. (e) Effective date This section applies only to liability for in- jury, damage, loss, or death caused by equip- ment that, for purposes of subsection (a), is do- nated on or after the date that is 30 days after March 9, 2006. (Pub. L. 109–177, title I, § 125, Mar. 9, 2006, 120 Stat. 226.) Editorial Notes CODIFICATION Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this chapter. § 2234. Encouraging adoption of standards for firefighter health and safety The Administrator shall promote adoption by fire services of national voluntary consensus standards for firefighter health and safety, in- cluding such standards for firefighter oper- ations, training, staffing, and fitness, by— (1) educating fire services about such stand- ards; (2) encouraging the adoption at all levels of government of such standards; and (3) making recommendations on other ways in which the Federal Government can promote the adoption of such standards by fire services. (Pub. L. 93–498, § 37, as added Pub. L. 110–376, § 7, Oct. 8, 2008, 122 Stat. 4060.) § 2235. Investigation authorities (a) In general In the case of a major fire, the Administrator may send incident investigators, which may in- clude safety specialists, fire protection engi- neers, codes and standards experts, researchers, and fire training specialists, to the site of the fire to conduct a fire safety investigation as de- scribed in subsection (b). (b) Investigation required A fire safety investigation conducted under this section— (1) shall be conducted in coordination and cooperation with appropriate Federal, State, local, Tribal, and territorial authorities, in- cluding Federal agencies that are authorized to investigate any fire; and (2) shall examine the previously determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural charac- teristics, smoke and fire dynamics (move- ment) during the event, and costs of associ- ated injuries and deaths. (c) Report (1) In general Subject to paragraph (2), upon concluding any fire safety investigation under this sec- tion, the Administrator shall— (A) issue a public report to the appropriate Federal, State, local, Tribal, and territorial authorities on the findings of such investiga- tion; or (B) collaborate with another investigating Federal, State, local, Tribal, or territorial agency on the report of that agency. (2) Exception If the Administrator, in consultation with appropriate Federal, State, local, Tribal, and territorial authorities determines that issuing a report under paragraph (1) would have a neg- ative impact on a potential or ongoing crimi- nal investigation, the Administrator is not re- quired to issue such report. (3) Contents Each public report issued under paragraph (1) shall include recommendations on— (A) any other buildings with similar char- acteristics that may bear similar fire risks; (B) improving tactical response to similar fires; (C) improving civilian safety practices; (D) assessing the costs and benefits to the community of adding fire safety features; and (E) how to mitigate the causes of the fire. (d) Discretionary authority In addition to a fire safety investigation con- ducted pursuant to subsection (a), provided doing so would not have a negative impact on a potential or ongoing criminal investigation, the Administrator may send fire investigators to conduct a fire safety investigation at the site of any fire with unusual or remarkable context Page 1824 TITLE 15—COMMERCE AND TRADE § 2301 that results in losses less severe than those oc- curring as a result of a major fire, in coordina- tion and cooperation with the appropriate Fed- eral, State, local, Tribal, and territorial au- thorities, including Federal agencies that are authorized to investigate the fire. (e) Construction Nothing in this section shall be construed to— (1) affect or otherwise diminish the authori- ties or the mandates vested in other Federal agencies; (2) grant the Administrator authority to in- vestigate a major fire for the purpose of an en- forcement action or criminal prosecution; or (3) require the Administrator to send inves- tigators or issue a report for a major fire when the Administrator, in coordination and co- operation with the appropriate Federal, State, local, Tribal, and territorial authorities, de- termine that it may compromise a potential or ongoing criminal investigation. (f) Major fire defined For purposes of this section, the term ‘‘major fire’’ shall have the meaning given such term under regulations to be issued by the Adminis- trator. (Pub. L. 93–498, § 38, as added Pub. L. 117–246, § 2, Dec. 20, 2022, 136 Stat. 2345.) CHAPTER 50—CONSUMER PRODUCT WARRANTIES Sec. 2301. Definitions. 2302. Rules governing contents of warranties. 2303. Designation of written warranties. 2304. Federal minimum standards for warranties. 2305. Full and limited warranting of a consumer product. 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and condi- tions; addition to or in lieu of written war- ranty. 2307. Designation of representatives by warrantor to perform duties under written or implied warranty. 2308. Implied warranties. 2309. Procedures applicable to promulgation of rules by Commission. 2310. Remedies in consumer disputes. 2311. Applicability to other laws. 2312. Effective dates. § 2301. Definitions For the purposes of this chapter: (1) The term ‘‘consumer product’’ means any tangible personal property which is distrib- uted in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). (2) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (3) The term ‘‘consumer’’ means a buyer (other than for purposes of resale) of any con- sumer product, any person to whom such prod- uct is transferred during the duration of an implied or written warranty (or service con- tract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under appli- cable State law to enforce against the war- rantor (or service contractor) the obligations of the warranty (or service contract). (4) The term ‘‘supplier’’ means any person engaged in the business of making a consumer product directly or indirectly available to con- sumers. (5) The term ‘‘warrantor’’ means any sup- plier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (6) The term ‘‘written warranty’’ means— (A) any written affirmation of fact or writ- ten promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workman- ship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connec- tion with the sale by a supplier of a con- sumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or under- taking becomes part of the basis of the bar- gain between a supplier and a buyer for pur- poses other than resale of such product. (7) The term ‘‘implied warranty’’ means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product. (8) The term ‘‘service contract’’ means a contract in writing to perform, over a fixed pe- riod of time or for a specified duration, serv- ices relating to the maintenance or repair (or both) of a consumer product. (9) The term ‘‘reasonable and necessary maintenance’’ consists of those operations (A) which the consumer reasonably can be ex- pected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of perform- ance. (10) The term ‘‘remedy’’ means whichever of the following actions the warrantor elects: (A) repair, (B) replacement, or (C) refund; except that the warrantor may not elect re- fund unless (i) the warrantor is unable to pro- vide replacement and repair is not commer- cially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund. (11) The term ‘‘replacement’’ means fur- nishing a new consumer product which is iden- tical or reasonably equivalent to the war- ranted consumer product. (12) The term ‘‘refund’’ means refunding the actual purchase price (less reasonable depre- ciation based on actual use where permitted by rules of the Commission).