Bill S7624A-2013

Requires safer window coverings in child day care centers, public institutions for children and certain other facilities

Requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings on or after October 1, 2014, to install safer window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2014, to meet minimum safety standards established by ANSI/WCMA A100.1-2012.

Details

Actions

  • May 22, 2014: PRINT NUMBER 7624A
  • May 22, 2014: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • May 20, 2014: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S7624A

TITLE OF BILL: An act to amend the social services law, in relation to requiring cordless window coverings in child day care centers, public institutions for children and certain other facilities

PURPOSE: This bill prohibits the use, in certain public child care facilities, of window coverings that are not cordless, do not comply with established national voluntary safety standards (ANSI/WCMA A100.1 - the American National Standard for Safety of Corded Window Covering Products), or have not been retrofitted to mitigate the risk of strangulation associated with window covering cords.

SUMMARY OF PROVISIONS:

Section 1 amends the social services law by adding a new section 390-aa to provide that any agency boarding home, group home, child day care center, public institution for children, or any authorized agency, excluding a foster home, family day care center, or group family day care center, that installs new or replacement window coverings on or after October 1, 2014 must install cordless window coverings that meet the requirements of ANSI/WCMA A100.1-2012. Where cordless window covering products are not available or are impractical for certain window applications, non-cordless window covering products may be used with written documentation by at least two New York window covering retailers that such product is unavailable or impractical.

Window coverings that are in place before October 1, 2014 must meet the requirements of a version of ANSI/WCMA A100.1-2012 for certain shades and blinds listed under this section or be retrofitted with repair kits approved by the Consumer Product Safety Commission (CPSC) for distribution to consumers by the Window Covering Safety Council (WCSC).

Section 2 states that this act shall take effect October 1, 2014; provided that the provisions of subdivision 4 shall take effect October 1, 2016.

JUSTIFICATION: The Federal Consumer Product Safety Commission (CPSC) has estimated that, since 1982, at least 200 children have died from strangulation associated with corded window coverings. Those most at risk are children aged one to three years old, who have some mobility but are still unable to fully control their motor functions.

Since 1996, CPSC has partnered with the Window Coverings Manufacturers Association (WCMA) to develop standards for window coverings that address this risk, and has also partnered with the Window Coverings Safety Council (WCSC) to distribute free kits to retrofit older window coverings that pre-date standards and to reduce the risk of strangulation. More recently, in 2009, CPSC and window blind manufacturers participated in a joint voluntary corrective action program to recall to repair 50 million sets of Roman shades and roll up blinds throughout the United States to address a risk of strangulation associated with exposed cords.

This legislation establishes regulatory standards for the different types of blinds, shades, and window coverings currently available to

consumers in New York. It requires any agency boarding home, group home, child day care center, public institution for children, or any authorized agency to replace their blinds with safer alternatives or modify them with safety mechanisms.

While this proposal does not apply to family foster homes or child care facilities situated in an individual's residence, it is already within the Office of Children and Family Services' authority to regulate compliance with safety standards in these locations Authorized "home finders" visit prospective parents and operators, perform safety assessments, provide training on taking proper care of children, and require modifications when necessary.

In enacting this legislation, New York State would be sending a message that corded window coverings can be a safety hazard to children and deserve attention and analysis by parents, consumers, child care agencies, manufacturers, and the government.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect October 1, 2014; provided, however that the provisions of subdivision 4 of section 390-aa of the social services law, as added by section one of this act, shall take effect October 1, 2016. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7624--A IN SENATE May 20, 2014 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to requiring cord- less window coverings in child day care centers, public institutions for children and certain other facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 390-j to read as follows: S 390-J. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES OF THIS SECTION, THE DEFINITIONS SET FORTH IN ANSI/WCMA A100.1-2012 SHALL APPLY. 2. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, PUBLIC INSTITUTION FOR CHILDREN, OR ANY AUTHORIZED AGENCY NOT INCLUDING A FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER INSTALLING NEW OR REPLACEMENT WINDOW COVERINGS ON OR AFTER OCTOBER FIRST, TWO THOUSAND FOURTEEN, SHALL INSTALL CORDLESS WINDOW COVERINGS THAT MEET THE REQUIREMENTS OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR STANDARD THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES. IN WINDOW APPLICATIONS WHERE CORDLESS WINDOW COVERING PRODUCTS ARE EITHER NOT AVAILABLE OR IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR SHAPE AND DOCUMENTED IN WRITING BY AT LEAST TWO NEW YORK WINDOW COVERING RETAILERS, THEN NON-CORDLESS WINDOW COVERING PRODUCTS THAT MEET THE REQUIREMENTS OF ANSI/WCMA A100.1-2012 MAY BE ALLOWED. 3. WINDOW COVERINGS IN PLACE BEFORE OCTOBER FIRST, TWO THOUSAND FOUR- TEEN IN ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, OR PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT INCLUDING A FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER SHALL: (A) MEET THE REQUIREMENTS OF A VERSION OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR STANDARD THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES, INCLUDING STANDARDS FOR:
(I) ROMAN SHADES, ROLL-UP SHADES, WOVEN SHADES, AND ALL WINDOW COVERINGS WITH EXPOSED AND UNSECURED CORDS; (II) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS THAT HAVE EXPOSED DRAW CORDS FOR THEIR OPERATION; (III) VERTICAL BLINDS AND OTHER WINDOW COVERING PRODUCTS WITH LOOPS UTILIZED IN THEIR OPERATION; OR (B) BE RETROFITTED WITH REPAIR KITS APPROVED BY THE CONSUMER PRODUCT SAFETY COMMISSION FOR DISTRIBUTION TO CONSUMERS BY THE WINDOW COVERING SAFETY COUNCIL. 4. IF A PERSON FAILS TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION, THE AUTHORIZED AGENCY MAY REQUIRE REPLACEMENT OF EXISTING WINDOW COVERINGS WITH CORDLESS WINDOW COVERINGS THAT MEET THE REQUIREMENTS OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR STANDARD THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES. IN WINDOW APPLICATIONS WHERE CORDLESS WINDOW COVERING PRODUCTS ARE EITHER NOT AVAILABLE OR IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR SHAPE AND DOCU- MENTED IN WRITING BY AT LEAST TWO NEW YORK WINDOW COVERING RETAILERS, THEN NON-CORDLESS WINDOW COVERING PRODUCTS THAT MEET THE REQUIREMENTS OF ANSI/WCMA A100.1-2012 MAY BE ALLOWED. S 2. This act shall take effect October 1, 2014 provided that subdivi- sion 4 of section 390-j of the social services law, as added by section one of this act, shall take effect October 1, 2016. Effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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