Establishes "Brendan's law"; requires child day care centers and certain other facilities installing new or replacement window coverings to install cordless window coverings; requires child day care centers and certain other facilities that have window coverings in place before the effective date of this section to meet safety standards established in ANSI/WCMA A 100.1-2012 or any successor standard.
STATE OF NEW YORK
________________________________________________________________________
3186--A
Cal. No. 543
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT in relation to establishing Brendan's law; and to amend the
social services law, in relation to requiring cordless window
coverings in child day care centers and certain other facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Brendan's
2 Law".
3 § 2. The social services law is amended by adding a new section 390-l
4 to read as follows:
5 § 390-l. Cordless window coverings required. 1. For purposes of this
6 section the following terms shall have the meanings set forth below:
7 (a) "Beaded chain" means a series of small spheres, equally spaced on
8 a cord or connected by metal shafts used to raise and lower a window
9 covering.
10 (b) "Cord loop" means a curving or doubling of a beaded chain or cord
11 to form a closed loop.
12 (c) "Cordless window covering" means:
13 (i) a horizontal blind or cellular shade that has no draw cord and the
14 internal lift cord runs in the slats of the horizontal blind so that the
15 cord is incapable of forming a loop greater than 7.25 inches;
16 (ii) a Roman shade, roll-up blind, or woven shade that has no draw
17 cord and the lift cord is completely enclosed so that it is not accessi-
18 ble;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00521-03-9
S. 3186--A 2
1 (iii) a vertical blind that has a wand as its operating mechanism and
2 does not contain any beaded chains, corded pulleys, or other cord loop
3 operating mechanisms; and
4 (iv) a roller shade that does not contain a cord or beaded chain.
5 (d) "Draw cord" means any form of rope, strap, or string used to raise
6 or lower a window covering.
7 (e) "Internal lift cord" means a cord that is contained inside the
8 body and rails of the blind or shade.
9 (f) "Wand" means a rod used to:
10 (i) rotate a vertical blind; or
11 (ii) tilt a horizontal blind.
12 2. Any child day care center as defined in paragraph (c) of subdivi-
13 sion one of section three hundred ninety of this title or any authorized
14 agency as defined in paragraph (a) of subdivision ten of section three
15 hundred seventy-one of this title including any agency boarding home or
16 group home installing new or replacement window coverings shall install
17 cordless window coverings or window coverings with inaccessible opera-
18 tional and inner cords.
19 3. Any child day care center as defined in paragraph (c) of subdivi-
20 sion one of section three hundred ninety of this title or any authorized
21 agency as defined in paragraph (a) of subdivision ten of section three
22 hundred seventy-one of this title including any agency boarding home or
23 group home that has window coverings in place prior to the effective
24 date of this section, shall meet the requirements of ANSI/WCMA A
25 100.1-2012 or any successor standard thereto, including standards for:
26 (a) Roman shades, roll-up shades, woven shades, and all window
27 coverings with exposed and unsecured cords;
28 (b) horizontal blinds, cellular shades, and all window coverings that
29 have draw cords for their operation; and
30 (c) vertical blinds and other window covering products with loops
31 utilized in their operation.
32 4. If a person fails to comply with the requirements of subdivision
33 three of this section, the authorized agency may require replacement of
34 existing window coverings with cordless window coverings or window
35 coverings with inaccessible operational and inner cords.
36 § 3. This act shall take effect twenty-four months after it shall have
37 become a law. Effective immediately, the addition, amendment and/or
38 repeal of any rule or regulation necessary for the implementation of
39 this act on its effective date are authorized and directed to be made
40 and completed on or before such effective date.