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MARCH 25, 2016 Release Number: 16-127

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Gree Electric Appliances Inc., of Zhuhai, China; Hong Kong Gree Electric Appliances Sales Co. Ltd., of Hong Kong; and Gree USA Sales Ltd., of City of Industry, Calif., have agreed to pay a $15.45 million civil penalty to the government.

The penalty settles charges that Gree:

  • knowingly failed to report a defect and unreasonable risk of serious injury to CPSC immediately (within 24 hours) with dehumidifiers sold under 13 different brand names, including Frigidaire, GE, Gree, Kenmore and Soleus Air, as required by federal law;
  • knowingly made misrepresentations to CPSC staff during its investigation; and
  • sold dehumidifiers bearing the UL safety certification mark knowing that the dehumidifiers did not meet UL flammability standards.

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Barber v. State

Georgia Court of Appeals, Criminal Case (10/26/2012, 11/5/2012) A12A1624

CRIMINAL PRACTICE: Arson, Accident, Jury Charges, Intent, Insurance Fraud

Alert: The statute defining first degree arson, OCGA § 16-7-60 (a) (3), does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] by fire or explosive any insured dwelling without the insured's consent.

Headnote: The Court of Appeals affirmed Kelvin D. Barber Jr.'s conviction for first degree arson, as the evidence supported it.  The Court held that the trial court did not erred in failing to charge the jury on Barber's sole defense of accident.  Barber argued that he did not have the requisite intent under OCGA § 16-7-60 (a) (3) because he set the fire in order to commit suicide, not to burn or damage the house or cause loss to the insurer.  He further argued that the evidence was insufficient to show that he set the fire knowing it would spread to or cause damage to other parts of the house.  But the Court explained that § 16-7-60 (a) (3) does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] any insured dwelling without the insured's consent by fire or explosive.  Here, the evidence, including Barber's statement to the fire investigators, showed that Barber: poured gasoline and lighter fluid throughout the house and garage, and not just on his person, ripped up books and papers and spread them throughout the upper levels of the house as well, and told investigators that he intended for the house to burn, in addition to the vehicle he was inside.  Barber also argued that the trial court should have charged the jury on his sole defense of accident, arguing that there was at least slight evidence to warrant the charge.  But the Court found that the trial court's charge, given pursuant to Barber's request at trial, included the accident theory of defense.

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From Out of the Abyss...

This week's article is from the June 1950 Vol V, No. 5 issue of the California Conference of Arson Investigators newsletter and was written by Lowell W. Bradford.

Physical Evidence Aspects of Fire Investigation

SUMMARY:

Bugatti is recalling certain model year 2006-208 Veyron vehicles manufactured October 3, 2006, to December 22, 2006. In the affected vehicles, the positive battery (B+) cable and the connection to the alternator may corrode.

CONSEQUENCE:

The corrosion may result in the battery positive cable overheating, increasing the risk of a fire.

Click here for details.

Description

This recall involves Ryobi 40-Volt Brushless Snow Blowers. Item number RY40802 is printed on the data label on the back of the blowers. The snow blowers are black and green with two LED lights located on the front of the unit and are approximately 22 inches wide by 43 inches tall. “RYOBI” is printed on the front of the snow blowers. The models included in this recall are RY40802, RY40802A and RY40822. The model numbers are printed on the packaging. “40 V” is printed on each side of the snow blowers.

Go to CPSC for more details.

SUMMARY:

Jaguar Land Rover North America, LLC (Jaguar) is recalling certain model year 2010 Jaguar XF vehicles manufactured December 17, 2008, to April 15, 2009. The affected vehicles have a fuel tank with an outlet flange that may crack, allowing fuel to leak onto the ground.

CONSEQUENCE:

A fuel leak in the presence of an ignition source may increase the risk of a fire.

Click here for details.

GM Threatened With Regulatory Investigation Before Issuing Recall For Fire-Prone Hummers

July 14, 2015

Last week, General Motors announced that it would recall nearly 196,000 Hummer vehicles because simply turning on the heating or cooling system could set the car ablaze.While we reported that federal regulators had received nearly two dozen consumer complaints about the issue over the past seven years, a new report finds that the real number of reported incidents is much higher, and that GM may have continued to put off issuing the recall had it not been for threats of an investigation.

Jalopnik, citing sources with the National Highway Traffic Safety Administration, reported earlier today that General Motors only recalled the model year 2006 to 2010 Hummer H3 and model year 2009 to 2010 H3T after regulators threatened to open a formal investigation into the issue.

According to GM, the issue with the Hummer vehicles is related to an electrical part in the heating and cooling system that can overheat and cause a fire inside the dashboard.

Jalopnik reports that the first fire related to the blower issue occurred in August 2008 and was reported to NHTSA the following month.

However, a chronology report [PDF] posted by NHTSA at the time of the recall alleges the company only learned about the issue after receiving two consumer complaints through its Speak Up For Safety program in September 2014.

Read more...

Hearth & Home Technologies Recalls Gas Fireplaces

Corner FireplaceDescription

This recall involves Heat-N-Glo® and Heatilator® Corner Unit Series indoor gas fireplaces. The fireplaces are LP or NG-fueled corner units with tempered glass fronts. The following model numbers are printed on the unit rating plate, located near the controls used to operate the units, and in the instruction manual.

 

LCOR-36TRB-IPI
RCOR-36TRB-IPI
GDCL4136I
GDCR4136I

 See the full details at CPSC

Cooper Lighting Recalls Fluorescent Lighting Fixtures

RecallDescription

This recall involves indoor 2-light fluorescent light fixtures that range in size from 18 inches to 4 feet long. The fixtures were sold in white and can be mounted from heights between 8 and 12 feet. A date code between 182 11 (July 1, 2011) and 090 15 (March 31, 2015) is affixed to the fixture near the ballast in a DDD YY format. Catalogue and model numbers are located on the second line of a label affixed to the inside of the fixture. Catalogue and model numbers included in the recall: DLE217RLP, DLE217RLPB, DLE 232RLP, DLE232RLPB, SL232R, SL232R/1, SL232RPC, SL232RTP, SLNR232R, SLNR232R/1, SLNR232RCHR, SLW232R, SLW232R/1, SNF115R, SNF117R, SNF125R, SNF217R, SSF217R, WP217R, WP217RNKLLU, WP232R, WP232RLU, WP232RNKL, WP232RNKLLU and WP232RNKLRL.

 

Click here for full details from CPSC.

Code or standard?

What's the difference between a code and a standard?
Michael Heinsdorf, PE, LEED AP, CDT, ARCOM
07/01/2015

Almost every consulting engineer works with codes and standards on a daily basis, but do you know the difference between a code and a standard?

According to the National Institute of Standards and Technology (NIST) Circular No. A-119, Revised, a standard is "[t]he definition of terms; classification of components; delineation of procedures; specification of dimensions, materials, performance, designs, or operations; measurement of quality and quantity in describing materials, processes, products, systems, services, or practices; test methods and sampling procedures; or descriptions of fit and measurements of size or strength." In plain English, a standard consists of technical definitions, procedures, and/or guidelines that specify minimum requirements or instructions for manufacturers, installers, and users of equipment. This can be done by specifying either the methods or the results; the latter is known as "performance specifying." Most importantly, a standard provides standardization or agreement within the industry, which translates to a common reference among engineers, manufacturers, and bidders.

 

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White Paper: Revisiting Flammable Refrigerants

Introduction
Since the 1989 Montreal Protocol and its successor agreements, the world of
refrigerants has been marked by change. In the search for more environmentally-
preferable refrigerants, technology has moved from chlorofluorocarbons
to a host of alternative substances. Many of these substances are serving as
interim measures, until the phase-out of ozone-depleting and global-warming
refrigerants meets the targets set by the U.S. Clean Air Act. The journey toward
compliance has caused the HVAC equipment and appliance industries to revisit the
potential use of substances that have good environmental and thermodynamic
properties as refrigerants, but which are also, unfortunately, flammable.

Introduction

Since the 1989 Montreal Protocol and its successor agreements, the world of refrigerants has been marked by change. In the search for more environmentally-preferable refrigerants, technology has moved from chlorofluorocarbons to a host of alternative substances. Many of these substances are serving as interim measures, until the phase-out of ozone-depleting and global-warming refrigerants meets the targets set by the U.S. Clean Air Act. The journey toward compliance has caused the HVAC equipment and appliance industries to revisit the potential use of substances that have good environmental and thermodynamic properties as refrigerants, but which are also, unfortunately, flammable.

Read more... 

More Articles...

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