PA 12-164—HB 5248 (VETOED)

Public Safety and Security Committee

AN ACT CONCERNING FOAMED-IN-PLACE INSULATING MATERIAL

SUMMARY: The law bans the use of urea-formaldehyde foamed-in-place insulation (UFFI) in buildings.

This act instead restricts the sale and use of all types of foamed-in-place insulating material unless the manufacturer or supplier certifies to the construction services commissioner that the material complies with the act's specifications. It continues to ban UFFI but replaces the broad definition with a narrower definition that excludes formaldehyde polymers and derivatives. The act does not define foamed-in-place insulating material, other than UFFI material.

The certification to the commissioner must include (1) a statement that the insulating material is not a UFFI material and has met allowable emission standards under specified tests and (2) a statement under oath that the material complies with the act. As under existing law, a first violation of the act is punishable by a fine of up to $500 and a subsequent violation by a fine of up to $1,000. (By law (CGS 53a-157b), unchanged by the act, giving a false statement under oath is a class A misdemeanor (see Table on Penalties)).

EFFECTIVE DATE: Upon passage

FOAMED-IN-PLACE INSULATION

Definition

The law bans UFFI installation. Prior law defined “UFFI” as cellular plastic thermal material, irrespective of how generated, containing chemical formaldehyde, formaldehyde polymers or derivatives, or other chemicals that can release formaldehyde. It did not include urethane foam insulation or styrene foam insulation.

The act replaces this definition of UFFI with a narrower one that excludes references to formaldehyde polymers and derivatives and formaldehyde releasing chemicals. Under the act, “UFFI insulation material” means “a cellular plastic insulation material generated in a continuous stream by mixing a urea-formaldehyde based resin, air, and a foaming agent. ” It is unclear if urethane and styrene foam insulation continue to be exempt under this definition.

Certification

The act bans the sale or installation of foamed-in-place insulating material in any building unless the manufacturer or supplier certifies to the construction services commissioner that the material meets certain specifications. The certification must contain the following information:

1. the manufacturer's name;

2. a description of the type of insulating material being certified in sufficient detail to permit its identification, such as information sheets, brochures, a sample product label, or similar information;

3. a statement that the insulating material is not a UFFI material;

4. test results from a laboratory approved by the commissioner certifying that the cured insulating material meets GREENGUARD Environmental Institute's indoor air quality emissions standards in accordance with (a) tests conducted using an ASTM D6007 modified test method, (b) GREENGUARD Environmental Institute Formaldehyde Free Verification Requirements, or (c) the CAN/ULC-S774-09 Standard Laboratory Guide for the Determination of Volatile Organic Compound Emissions from Polyurethane Foam;

5. a description of the supplier's or manufacturer's quality assurance program, including the training program for installers of the insulating material; and

6. a statement under oath that the insulating material complies with the act.

BACKGROUND

Urea Formaldehyde Foamed-in-Place Insulation

UFFI consists of urea, formaldehyde, and a surfactant or foaming agent. At an installation site, the urea-formaldehyde resin and foaming agent are combined with air. It is then injected inside the walls of a building, where it hardens and acts as insulation.

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