Requires that mattresses and upholstered furniture be fire retardant pursuant to regulations to be adopted by the office of fire prevention and control; authorizes exemptions from the requirement for certain entities that meet specific criteria; authorizes the attorney general to assess fines for violations and/or bring suit against the violator.
STATE OF NEW YORK
________________________________________________________________________
4733
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. LEIBELL -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law and the executive law, in
relation to requiring mattresses and upholstered furniture to be fire
retardant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 385-b to read as follows:
3 § 385-b. Mattresses and upholstered furniture to be fire retardant. 1.
4 As used in this section:
5 (a) "Fire retardant" means a product that meets the regulations
6 adopted by the office of fire prevention and control. This does not
7 include furniture used exclusively for the purpose of physical fitness
8 and exercise.
9 (b) "Bedding" means any quilted pad, packing pad, mattress pad,
10 hammock pad, mattress, comforter, quilt, sleeping bag, box spring,
11 studio couch, pillow or cushion made of leather, cloth or any other
12 material, which is or can be stuffed or filled in whole or in part with
13 any concealed substance or material, which can be used by any human
14 being for sleeping or reclining purposes.
15 2. (a) All mattresses and box springs manufactured for sale in this
16 state shall be fire retardant pursuant to section one hundred
17 fifty-six-h of the executive law. The office of fire prevention and
18 control shall adopt regulations no later than January first, two thou-
19 sand ten, requiring that fire retardant mattresses and box springs meet
20 a resistance to open-flame test that uses a pass or fail performance
21 criteria based on a test method developed by the office of fire
22 prevention and control or that is based on ASTME 1590. If the office of
23 fire prevention and control concludes that other bedding contributes to
24 mattress fires, the regulations shall require the other bedding to be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03270-01-9
S. 4733 2
1 flame retardant under the resistance to open-flame test. If feasible,
2 the office of fire prevention and control regulations shall permit a
3 manufacturer to comply with the resistance to open-flame test by testing
4 a small scale version of its product. In developing these regulations,
5 the office of fire prevention and control may contract, cooperate, or
6 otherwise share resources with other government agencies, private organ-
7 izations, or independent contractors that it considers appropriate for
8 purposes of reviewing test criteria and methods, equipment specifica-
9 tions, and other relevant subjects. These regulations shall become inop-
10 erative upon the effective date of any federal law or regulation estab-
11 lishing an open-flame resistance standard for these products. The office
12 of fire prevention and control shall submit a report to the governor and
13 the legislature on or before January first, two thousand ten, summariz-
14 ing its regulatory findings.
15 (b) Requirements for flame resistant mattresses, box springs, or other
16 bedding products shall not apply to any hotel, motel, bed and breakfast,
17 inn, or similar transient lodging establishment that has an automatic
18 fire extinguishing system that conforms to applicable state codes.
19 (c) All seating furniture sold or offered for sale by an importer,
20 manufacturer, or wholesaler for use in this state, including any seating
21 furniture sold to or offered for sale for use in a hotel, motel, or
22 other place of public accommodation in this state, and reupholstered
23 furniture to which filling materials are added, shall be fire retardant
24 and shall be labeled in a manner specified by the office of fire
25 prevention and control.
26 § 2. The executive law is amended by adding a new section 156-h to
27 read as follows:
28 § 156-h. Fire safety standards for mattresses and upholstered furni-
29 ture. 1. As used in this section:
30 (a) "Fire retardant" means a product that meets the regulations
31 adopted by the office of fire prevention and control. This does not
32 include furniture used exclusively for the purpose of physical fitness
33 and exercise.
34 (b) "Bedding" means any quilted pad, packing pad, mattress pad,
35 hammock pad, mattress, comforter, quilt, sleeping bag, box spring,
36 studio couch, pillow or cushion made of leather, cloth or any other
37 material, which is or can be stuffed or filled in whole or in part with
38 any concealed substance or material, which can be used by any human
39 being for sleeping or reclining purposes.
40 2. (a) All mattresses and box springs manufactured for sale in this
41 state shall be fire retardant. The office of fire prevention and control
42 shall adopt regulations no later than January first, two thousand ten,
43 requiring that fire retardant mattresses and box springs meet a resist-
44 ance to open-flame test that uses a pass or fail performance criteria
45 based on a test method developed by the office of fire prevention and
46 control or that is based on ASTME 1590. If the office of fire prevention
47 and control concludes that other bedding contributes to mattress fires,
48 the regulations shall require the other bedding to be flame retardant
49 under the resistance to open-flame test. If feasible, the office of fire
50 prevention and control regulations shall permit a manufacturer to comply
51 with the resistance to open-flame test by testing a small scale version
52 of its product. In developing these regulations, the office of fire
53 prevention and control may contract, cooperate, or otherwise share
54 resources with other government agencies, private organizations, or
55 independent contractors that it considers appropriate for purposes of
56 reviewing test criteria and methods, equipment specifications, and other
S. 4733 3
1 relevant subjects. These regulations shall become inoperative upon the
2 effective date of any federal law or regulation establishing an open-
3 flame resistance standard for these products. The office of fire
4 prevention and control shall submit a report to the governor and the
5 legislature on or before January first, two thousand ten, summarizing
6 its regulatory findings.
7 (b) Requirements for flame resistant mattresses, box springs, or other
8 bedding products shall not apply to any hotel, motel, bed and breakfast,
9 inn, or similar transient lodging establishment that has an automatic
10 fire extinguishing system that conforms to applicable state codes.
11 (c) All seating furniture sold or offered for sale by an importer,
12 manufacturer, or wholesaler for use in this state, including any seating
13 furniture sold to or offered for sale for use in a hotel, motel, or
14 other place of public accommodation in this state, and reupholstered
15 furniture to which filling materials are added, shall be fire retardant
16 and shall be labeled in a manner specified by the office of fire
17 prevention and control.
18 3. The attorney general shall have the power to assess a fine of up to
19 one thousand dollars for each violation of this section. To enforce the
20 provisions of this section, the attorney general may bring an action on
21 behalf of the people of the state of New York to enjoin acts in
22 violation of this section and to recover civil penalties authorized
23 under this subdivision.
24 § 3. This act shall take effect on the sixtieth day after it shall
25 have become a law.
