AV E R YA N A S L AW

Exposing Flawed Smoke Alarm Standards

C O N T E N TS:
- Testimony to NY City Council re proposed legislation requiring photoelectric smoke alarms (pages 2-3) - Media report about Averyanas Laws proposed state-wide N.Y. legislation (pages 4-6)

Extract Bill S3299-2013: An act to amend the tax law, in relation to enacting "Averyana's law" JUSTIFICATION: On March 11, 2012, two year old Averyana Dale tragically lost her life due to smoke inhalation in a fire in Auburn, NY. It was later determined that the fire was a smoldering fire, which produces a significant amount of smoke, but very little actual flame.
Currently there are two types of smoke detectors available in the market place, Ionization and Photoelectric. Ionization detectors are present in about 95% of homes. Unfortunately these types of detectors have a high rate of failure when detecting smoldering fires. Photoelectric detectors on the other hand, are extremely successful at detecting smoldering fires. http://open.nysenate.gov/legislation/bill/S3299-2013

Ionization smoke alarms may not operate in time to alert occupants early enough to escape from smoldering fires.
Official Positions of:
- The International Association of Firefighters (IAFF): The IAFF represent over 300,000 firefighters throughout Canada and the USA. - The Australasian Fire & Emergency Services Authorities Council (AFAC): AFAC represents all firefighters throughout Australia & New Zealand. Note: Both the IAFF and AFAC recommend photoelectric smoke alarms. They do not recommend combination ionization/photoelectric smoke alarms due to increased cost, high false alarm rates and other issues.

W A R N I N G!

AveryanasLaw-31Oct13.pdf Updated 31 Oct, 13 | Check for the latest version: www.AveryanasLaw.org

Document produced by the World Fire Safety Foundation

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V Rivett Testimony to NY City Council, 24 Oct, 2013 | 1 of 2

October 24, 2013 New York City Council Committee on Housing & Buildings 250 Broadway, Suite 1765 New York, NT 10007 Mrs Valerie Rivett Photoelectric Smoke Alarm Advocate Auburn, New York My Testimony to the NYCC Housing & Buildings Committees Residential Photoelectric Smoke Alarm Legislation Hearing - Oct 24, 2013 March 10, 2012. It was a Saturday night approximately 11:00 pm. My 22 year old daughter Brittany and I were playing on our new iPhones. As we scrolled through the apps, she came across a local police/fire scanner and decided we should download it and listen to what was going on around the city. The call that we heard come in would change our lives forever. The address was 26 Greenview Circle in Auburn, New York. Immediately Brittany and I looked at each other and knew this was Rachel HarrisCuriones house. Rachel was my younger sister Natalies best friend and Godmother to her two year old daughter Averyana. Occasionally, Rachel would have Averyana stay at her home for an overnight as she was like a second mother to Averyana.

Averyana As the second call was coming through, I called my sister Natalie and asked her if Averyana was at Rachel's. She said "Yes." I told her the fire trucks were going to Rachel's and to get there as quickly as possible and that I would call 911 to let them know that Averyana was also in the apartment and they needed to rescue her. As I ran to get dressed, Natalie called back and she was screaming like I have never heard before; the only thing I could make out was the word, "hospital." I jumped in the car and headed for the hospital praying to God that everything would be okay. As I jumped out of my car and ran for the Emergency Room doors, an ambulance pulled up with Averyana. The crew was performing CPR on her as they were wheeling her in. I immediately knew it wasn't looking good, but continued to pray for a miracle. Family members from both Rachel's and my family began pouring in to the emergency waiting room. We were crying hysterically. It was about 15 minutes after they brought Averyana in that we could hear a young child crying, immediately we all thought it was Averyana. We started thanking God for answering our prayers. However, the cry was not Averyana - it was another child.
Soon after, a doctor came out and said he was so sorry he couldn't save them. They were gone. My sister Natalie and my mom, along with many others, collapsed on the floor. Ill remember their piercing screams for the rest of my life. Soon after the families were allowed to go in and see both Rachel and Averyana. My sister Natalie rocked Averyanas body singing, Hush Little Baby Dont say a Word. This was the last time she would ever hold Averyana and sing to her. The next day on Monday, March the 12th, I went to Rachel's apartment. I wanted answers; we needed to know what had happened. I was nervous going there thinking how could I bare the pain of looking at the burnt out apartment? However, as you will see below, this was not the case. Rachel's apartment had no visible structural damage to indicate two young people had just lost their lives in a fire. As I walked up to the apartment I noticed the door was open so I went in. There was no structural damage inside either, just thick black soot. As I looked down by the front door I could see an outline in the soot where Rachel and Averyana had perished. It was clear they had tried to escape the fire but couldn't. They were only inches from the front door. The house was newly built and was equipped with hard-wired smoke alarms. So why didn't they get out? I was in total shock, why had they died when Rachel had brand new smoke alarms? I started questioning our local fire chief, our fire department firefighters and the detectives. They all responded with much the same answer, "It was accidental and such a tragedy." They said theyd had several firemen including a deputy fire chief from Boston call them asking the same question, Why hadnt they escaped? I immediately called Boston fire departments looking for the deputy fire chief that contacted our Fire Department. I finally managed to track down Chief Jay Fleming. After speaking for a long time he asked, What type of smoke alarms were in Rachels apartment? I said, "I'm not sure what you mean, isn't there just
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Rachels house with no structural damage the morning after the fire

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V Rivett Testimony to NY City Council, 24 Oct, 2013 | 2 of 2

one type of smoke alarm?" Her apartment was new and the firemen said she had battery back-up, hard-wired alarms. How much safer could you be than if you had brand new, hard-wired smoke alarms? However, Chief Fleming told me there are two completely different smoke alarm technologies, ionization and photoelectric. I started researching smoke alarms extensively. I was amazed when I found out that in the states of Massachusetts and Vermont, that both border New York, photoelectric smoke alarms have been mandatory for years. They have been actively promoted in Boston for over a decade and Boston has the lowest fire death rate in the U.S. As a mother and citizen I find it extremely hard to comprehend why New Yorkers have been told next to nothing about photoelectric smoke alarms. What was the most stunning revelation of all was the Hackert v First Alert law suit here in New York. In 2008, more than three years before Averyana died, federal court judges declared the failure of the ionization smoke alarms in the Hackerts home was a legal cause of deaths and that the ionization alarms were defective under New York law. I have been working with campaigners across America and from Australia who have been fighting to expose the defects of ionization smoke alarms for decades. Almost all you ever hear from authorities is to make sure you have a working smoke alarm. I knew that I had to get the message out about photoelectric smoke alarms so that others do not have to suffer the ongoing pain and anguish my family suffers every day. Thats why I started the campaign for Averyanas Law. New Yorks proposed Averyanas Law is state-wide photoelectric legislation that states:
Averyana Dale most likely lost her life because the ionization smoke detector that was present in the home she was in did not alert her to the fire until it was too late. If a photoelectric detector had been in the home, it is considerably more likely she would have been alerted to the smoke sooner and would have made it out safely.

Averyana and Rachel died in an apartment fitted with new, hard-wired ionization alarms. CBS and others say ionization smoke alarms are deadly. One of the main problems with them is they are unable to safely detect visible smoke. From my research I learned that ionization alarms can be sometimes 30-50 minutes slower to sound than photoelectric alarms in the early, smoldering stage of a fire and sometimes they may fail to sound at all. This information is known to the authorities who have kept the truth from the public and firefighters for decades. From the Mercer v BRK case (1998) it is clear that failing to warn the public of the known defects with ionization alarms is a crime. I am certainly not a legal expert. However, I am a Mother and I do know right from wrong. Many firefighters have told me they are embarrassed when they find out about ionization alarms. Theyve been handing them out in good faith for years believing they will do the job they are meant to do - to give early warning to allow people time to safely escape. You have a Bill before you requiring photoelectric smoke alarms. Please dont jeopardize lives in your city by requiring any form of ionization technology. I believe doing so is a compromise and will cost more lives. I know first hand they are unreliable and have far too many problems. Tonight some of you will tuck your loved ones in and kiss them goodnight.You will tell them you love them and turn out the light and you will go to sleep thinking you will see them in the morning. Most New Yorkers think theyre safe; and yet their homes, just like Rachels, are almost all fitted with ionization smoke alarms. On March 10, 2012 my sister Natalie called Averyana on the phone and said, Good night, I love you and Ill see you in the morning. A parent's worst nightmare became a reality for my sister. Instead of taking my niece home, Natalie has had to pick a plot, buy a headstone and a casket and find the prettiest dress ever to bury our precious Averyana in. For legal reasons no one wants to admit ionization alarms are unsafe. I want to congratulate you on your proposed photoelectric legislation, because its not about saving face - it is all about saving lives. Thank you. Mrs Valerie Rivett Photoelectric Smoke Alarm Advocate Auburn, New York For more Information please visit:

AveryanasLaw.org
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AveryanasLaw-31Oct13.pdf Updated 31 Oct, 13 | Check for the latest version: www.AveryanasLaw.org

Averyanas legacy: Auburn girls death spurs effort for new fire safety regulations

Members of the Fire and Iron MC Station 222, from top left, Jason Baco, Chris Currier, Josh Greer, Stefon Szozda, Steve Landers, Warren Burchim, and Dick Stabinsky stand with, from left, Natalie Dale, mother of Averyana Dale, and Valerie Rivett next to Averyana's grave at St. Joseph's Cemetery in Auburn.

by Greg Mason | greg.mason@lee.net

If you go
WHAT: Alarms for Averyana fundraiser WHEN: 1 to 5p.m. Today Oct. 27 WHERE: Ukranian National Club. 113 Cottage St., Auburn Admission for adults is $10, kids are free. Donations will go toward the purchase of photoelectric alarms to be handed out to the community at a later time.

A smoke alarm is a smoke alarm right? Valerie Rivett would say that isnt true. Rivett, of Auburn, learned that there are actually three dierent smoke alarm technologies residents can choose to install in their homes: photoelectric, ionization and a combination of the two.

She needed to know the dierence. She needed to know if she could inspire change. More importantly, she needed to know how her 2-year-old niece could have died. 'How could they not get out?' The Auburn Fire Department called it a tragic accident. Two-year-old Averyana Dale lost her life in a house re at an Auburn residence on March 11, 2012. The homeowner, 38year-old Rachel Harris-Curione, who was Dales godmother, lost her life as well. Both died from smoke inhalation. The re itself was relatively small, according to Auburn Fire Chief Je Dygert. It had started around 11 p.m. on March 10. It was a kitchen re: re investigators determined that an item had caught re next to a burner that was either inadvertently left on or had not yet cooled after use. The two were found unresponsive in the living room of the residence, about 10 feet away from the kitchen, Dygert said. After resuscitative eorts to revive them, both were transported to Auburn Community Hospital where they were pronounced dead.

She could describe each ones attributes and would gladly tell any interested party just why, in her belief, installing a photoelectric smoke alarm, as opposed to an alarm which utilizes ionization technologies, could give that resident a better chance of surviving a house re. And like many people, Rivett did not know the dierence not until doing more than a years worth of research.

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Dygert said the re was not the type one would expect to cause such fatalities. Whenever theres a fatality and a child is involved, thats typically rough on the reghters involved, he said. It certainly raises everyones awareness. The incident left Rivetts sister, Natalie Dale, without one of her children. It left Harris-Curiones son orphaned. It left Rivett in a daze. Rivett went to the house the day after the re. She said there was a lot of black soot all over the residence and a distinctive lack of structural damage. She said HarrisCurione had newly purchased ionization smoke alarms installed in the home. How could they not get out? she asked herself. 'You think youre safe' Word about the tragedy spread far. Others called the Auburn Fire Department asking about how the two died that March night. Rivett said she learned of a number of reghters calling from the Boston Fire Department and sought to track down any information she could. She eventually reached Deputy Chief Jay Fleming of the Boston Fire Department who has researched for more than 20 years in smoke alarm technologies and detailed Rivett on the dierences between the two. Fleming told Rivett about a number of dierent studies pertaining to photoelectric and ionization alarms conducted by the U.S. Commerce Departments National Institute of Standards and Technology. Research conducted by the NIST reveals that the dierent types of smoke alarm technologies react di erently depending on the type of re. Flaming res are what people typically think of when they think of a house re roaring res that engulf a property. Smoldering res, however, are a dierent animal entirely, Fleming said. These types of res typically produce a lot of smoke as opposed to ames, and are detected dierently depending on the alarm. Ionization alarms, Fleming said, react 30 minutes slower than photoelectric during a smoldering re, according to research studies. On the other hand, photoelectric alarms react slower than ionization, but only by about 50 seconds. Ionization alarms also have a higher nuisance alarm rate, Fleming said, causing a lot of residents to remove the battery from the alarm, he said. This typically happens when a resident is cooking, and the action causes the alarm to go o without any danger. The smoldering res are the true killers, especially at night when the residents are asleep, Fleming said. Its not a question of aming versus smoldering, he said. Its a matter of how many people are going to be sleeping during a aming re. Rivett said she was taken aback by the information.

There is no way of knowing if Harris-Curiones smoke alarms did not react at the time of the re, according to Dygert. The re chief said neighbors had reported the alarms going o at some point, but the department could not determine at what point that was. Still, Rivett was convinced by Flemings research and thus, her own research began. I didnt know the dierence before looking into this, she said. I thought a smoke alarms a smoke alarm. You think youre safe. Auburn to Australia It can happen to anybody Fleming told Rivett that bordering states Massachusetts and Vermont had regulations permitting only photoelectric alarms to be installed into new construction. Why dont we? Rivett asked. This type of legislation has been something she has been campaigning for about as soon as she learned the dierences between the two technologies. Shes been trying to get some form of law passed in New York state, lovingly titled Averyanas Law. Shes received support from all over the planet from Auburn to Australia from like-minded individuals to help her on her path. Dean Dennis is from Cincinnati, Ohio and has advocated about re safety for about 10 years. He met with Rivett and Dale three months following Averyana's death. Dale's loss hit Dennis personally: he lost his own daughter in a house re after the smoke alarms were disabled due to nuisances. He said studies conducted at Texas A&M show residents with photoelectric smoke alarms installed in their homes have a higher chance of surviving a re than residents with ionization alarms. This applies for both a smoldering re and a fast aming re. If we can get somebody's attention in the government about this issue, we can save 1,000 lives a year, he said. It's as simple as that. And in Australia, Adrian Butler, chairman and co-founder of the World Fire Safety Organization, had heard of Rivetts task and a website was created to support and track New Yorks endeavors in this area. He said Rivett discovered a study by the International Association of Fire Fighters from 2008, which showed, due to delays by ionization alarms, that photoelectric alarms will drastically reduce loss of life among citizens and reghters. That is why the IAFF, as well as the Federal Emergency Management Agency, recommends only photoelectric alarms, he said. If New York City's legislation passes, this could be a catalyst for saving countless lives - not just in New York, but right around the world, Butler said. Rivett, of course, has reached out to state officials in her efforts to get legislation on the table. The bill was introduced to the state senate on Jan. 31 by State Sen. Michael Nozzolio.

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The wording of the legislation would give any participating New Yorker a tax credit for the installation and purchase of a photoelectric alarm. The bill is still under review in the Senates Ways and Means committee as well as the Investigations and Gov. Operations committee. Nozzolio said, however, it would be brought back to the oor during legislative session in January. The state senator said the purpose of the bill is to encourage New Yorkers to purchase this type of technology for their homes. Many New Yorkers are just not aware of this technology, he said. It saves lives and its something that needs to be understood and accepted. With the legislation making its way through the state departments, Auburn Mayor Michael Quill said he doesnt foresee any action by city government in passing city-wide litigation at this juncture. The mayor said he is in favor of anything that will save a persons life, but it will have to wait for now.

"We need something a little more concrete and, hopefully, it will be state-wide, even national, but we'll start on a state level, he said. For now, the Auburn Fire Department recommends both alarms to be installed in a residence, according to Dygert, to cover all of the bases. Theres compelling evidence that photoelectric will respond faster than ionization under certain conditions, he said. Theres denitely an advantage to having both. Fleming, however, said he recommends only photoelectric alarms as the possibility of a nuisance alarm exists. Regardless, Rivett said she will keep working at it for as long as she has to. On Sunday, an event called Alarms for Averyana will be hosted at the Ukrainian National Club in Auburn. Sponsored by the Auburn chapter of the Fire and Iron Motorcycle Club, proceeds from the benet will go toward photoelectric alarms to be handed out to the community at a later date. Rivett said she does not want another family to experience what hers did that one March night. I still have not let up. I just wont let up, she said.

Sta writer Greg Mason can be reached at (315) 282-2239 or greg.mason@lee.net Follow him on Twitter @CitizenMason. Story extracted 27 Oct, 13 from The Citizen newspapers www.AuburnPub.com, Auburn, New York, USA.

Using better (photoelectric) smoke alarms will drastically reduce the loss of life among citizens and firefighters.
Harold A Schaitberger, General President, International Association of Firefighters (300,000 + US & Canadian members), USA. 29 Oct, 2008

Harold Schaitberger

IAFF - 300,000 + Members

I introduced the photoelectric smoke detector bill . . . I believe the evidence shows that the chances of surviving a fire condition are infinitely better if you have a photoelectric smoke detector in your home as opposed to the more commonly used ionization detector.
Elizabeth Crowley, N.Y. City Council Member at hearing for the Bill (Int. No. 865) she proposed to mandate photoelectric smoke alarms in residential accommodation in New York City. 24 Oct, 2013 Elizabeth Crowley Seal of the City of New York

"Photoelectric picks up a smoldering fire quicker than ionization alarms . . . gets the fire department there sooner and we mitigate the problem before it gets tragic."
Dick Stabinski, Fire & Iron Firefighters Motor Cycle Club; Lieutenant, Auburn, N.Y. Fire Department, during TV news interview about Averyanas Law fundraiser, Auburn, New York, USA. 27 Oct, 2013

Fire & Iron Motor Cycle Club

Dick Stabinsky

For more Information please visit:

AveryanasLaw.org
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