NORWICH – The New York State Department of State’s Office of Fire Prevention and Control recently announced it would not seek to penalize retailers selling unapproved fire extinguishers, including stores in Chenango County, until a pending court motion could be heard this February.
In a memo sent to Chenango County fire officials earlier in December, the agency alerted that certain brands of aerosol-based fire extinguishers were being sold in the state without proper approval.
The OFPC stated, “the sale of unapproved fire extinguishers in New York, such as the Tundra, manufactured by BRK Brands and marketed by First Alert, is unlawful. A knowing violation is punishable by a civil penalty not to exceed $500 for a first violation and $10,000 for each successive violation.”
Following the notification Chenango County Fire Coordinator Matthew L. Beckwith said local officials canvassed area stores and discovered some of the extinguishers being sold at Norwich retailers.
“Basically the issue is (the fire extinguishers) don’t meet the state standards. Before anything is sold in New York State, it has to meet certain criteria and certain testing and it appears these extinguishers haven’t gone through the performance testing as they should’ve been under the law,” said Beckwith.
BRK Brands/First Alert, which makes the devices, issued a statement following the OFPC’s announcement.
“Based on what we believe is a misinterpretation of the National Fire Protection Association standards and New York law, BRK Brands/First Alert has sought an injunction in a court in the State of New York. The state’s Office of Fire Prevention and Control has informed us no civil penalties will be pursued against retailers until the motion is heard by the court. Therefore, all New York stores may continue to sell Tundra without penalty until the motion has been heard.”
OFPC also stated in the announcement, “OFPC will refrain from sending additional letters to petitioner or any other person regarding the sale of the First Alert Tundra Fire Extinguisher product until the court considers BRK Brand’s pending motion for injunctive relief.”
Despite the OFPC decision, Beckwith still cautioned consumers against buying the product.
“Without proper approval from the state there’s no guarantee of performance, such as actually putting out a fire. I honestly don’t know if they work, but I know they haven’t yet been shown to meet the standards,” said Beckwith. “If you own one of these already, we would strongly suggest replacing it with a tested and approved product.”
Beckwith said all fire extinguishers sold in New York must be tested and approved by Underwriters Laboratory, Factory Mutual or other nationally accredited laboratory.
Extinguishers must have labeling securely affixed which contains:
• Proper operational instructions.
• The class or rating identifying kinds of fires which the particular extinguisher is suitable to be used on.
• Appropriate letter rating and pictorial markings.
• Accompanied by an instructional manual detailing operational use, basic fire safety and other information.
Beckwith also recommended consumers check their extinguisher’s pressure gauge annually, recalling a number of incidents in which emergency crews encountered a frustrated homeowner and an expired, non-functioning extinguisher.