NY State Assembly Bill 2009-A9363

Assembly Bill A9363

2009-2010 Legislative Session

Requires that mattresses and upholstered furniture be fire retardant pursuant to regulation to be adopted by the office of fire prevention and control

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer affairs and protection

co-Sponsors

multi-Sponsors

2009-A9363 (ACTIVE) - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §385-b, Gen Bus L; add §156-h, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4654
2013-2014: A5508

2009-A9363 (ACTIVE) - Summary

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.

2009-A9363 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9363

TITLE OF BILL:  An act to amend the general business law and the execu-
tive law, in relation to requiring mattresses and upholstered furniture
to be fire retardant

PURPOSE OR GENERAL IDEA OF BILL:  This bill amends the general business
law to require that mattresses and upholstered furniture be fire retar-
dant pursuant to regulation to be adopted by the office of fire
prevention and control.

SUMMARY OF SPECIFIC PROVISIONS:  Section one amends the general business
law act by adding a new section 385-b, requiring all mattresses and box
springs manufactured for sale in New York State to be fire retardant.
The office of fire prevention and control shall adopt regulations
requiring that fire retardant mattresses and box springs meet resistance
to open-flame test that uses a pass or fail performance criteria. If the
office of fire prevention and control concludes that other bedding
contributes to mattress fires, the regulations shall require other
bedding to be flame retardant under the resistance to open-flame test.

Requirements for flame resistant mattresses, box springs, or other
bedding products shall not apply to any hotel, motel, bed and breakfast,
inn, or similar transient lodging establishment that has an automatic
fire extinguishing system that conforms to applicable state codes.

This requirement applies to all seating furniture sold or offered for
sale by an importer, manufacturer, or wholesaler for use in this state.

Section 2 amends the executive law by adding a new section 156-h,
requiring all mattresses and box springs manufactured for sale in New
York State to be fire retardant. The office of fire prevention and
control shall adopt regulations requiring that fire retardant mattresses
and box springs meet a resistance to open-flame test that uses a pass or
fail performance criteria. If the office of fire prevention and control
concludes that other bedding contributes to mattress fires, the regu-
lations shall require other bedding to be flame retardant under the
resistance to open-flame test.

Requirements for flame resistant mattresses, box springs, or other
bedding products shall not apply to any hotel, motel, bed and breakfast,
inn, or similar transient lodging establishment that has an automatic
fire extinguishing system that conforms to applicable state codes.

This requirement applies to all seating furniture sold or offered for
sale by an importer, manufacturer, or wholesaler for use in this state.

The attorney general shall have the power to assess a fine of up to one
thousand dollars for each violation of this section. To enforce the
provisions of this section, the attorney general may bring an action on
behalf of the people of the State of New York.

JUSTIFICATION:  On April 5, 2004, a young couple and their 4-year-old
daughter from the City of Yonkers were killed in an apartment fire that
started when a mattress caught fire from a stove's open flame. Unfortu-
nately, this tragedy plays itself out hundreds of times throughout the
country each year resulting in fatalities, injuries and hundreds of
millions of dollars in property damages.

Mattresses are one of the most flammable items in the home because of
the polyurethane foam - the material which makes the bed comfortable, it
is also what makes it very flammable. Currently, federal guidelines
administered by the Consumer Product Safety Commission only requires
mattresses to be flame resistant-meaning they have to pass a smoldering
cigarette test - but are not required to resist an open flame.

California has recently enacted the nation's first law requiring that
mattresses, box springs, and futons sold to consumers provide protection
against an open flame. This standard is designed to prevent an intense
mattress fire for a full thirty minutes, giving potential victims a
life-saving window to escape. The law takes effect on January 1, 2007,
after which such products manufactured for sale to California consumers
must be open-flame resistant.

PRIOR LEGISLATIVE HISTORY:

A3369 of 2004-2005; A3369 of 2005-2006; A1417A of 2007-2008; A3128 of
2009 (Bradley)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after it
shall have become a law.

2009-A9363 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9363

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GABRYSZAK, BRODSKY, ESPAILLAT -- Multi-Sponsored
  by -- M. of A.  GOTTFRIED, HOOPER, McENENY, PHEFFER -- read  once  and
  referred to the Committee on Consumer Affairs and 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:

  Section 1. The general business law is amended by adding a new section
385-b to read as follows:
  S 385-B. MATTRESSES AND UPHOLSTERED FURNITURE TO BE FIRE RETARDANT. 1.
AS USED IN THIS SECTION:
  (A) "FIRE RETARDANT"  MEANS  A  PRODUCT  THAT  MEETS  THE  REGULATIONS
ADOPTED  BY  THE  OFFICE  OF  FIRE PREVENTION AND CONTROL. THIS DOES NOT
INCLUDE FURNITURE USED EXCLUSIVELY FOR THE PURPOSE OF  PHYSICAL  FITNESS
AND EXERCISE.
  (B)  "BEDDING"  MEANS  ANY  QUILTED  PAD,  PACKING  PAD, MATTRESS PAD,
HAMMOCK PAD, MATTRESS,  COMFORTER,  QUILT,  SLEEPING  BAG,  BOX  SPRING,
STUDIO  COUCH,  PILLOW  OR  CUSHION  MADE OF LEATHER, CLOTH OR ANY OTHER
MATERIAL, WHICH IS OR CAN BE STUFFED OR FILLED IN WHOLE OR IN PART  WITH
ANY  CONCEALED  SUBSTANCE  OR  MATERIAL,  WHICH CAN BE USED BY ANY HUMAN
BEING FOR SLEEPING OR RECLINING PURPOSES.
  2. (A) ALL MATTRESSES AND BOX SPRINGS MANUFACTURED FOR  SALE  IN  THIS
STATE   SHALL   BE  FIRE  RETARDANT  PURSUANT  TO  SECTION  ONE  HUNDRED
FIFTY-SIX-H OF THE EXECUTIVE LAW. THE  OFFICE  OF  FIRE  PREVENTION  AND
CONTROL  SHALL  ADOPT REGULATIONS NO LATER THAN JANUARY FIRST, TWO THOU-
SAND ELEVEN, REQUIRING THAT FIRE RETARDANT MATTRESSES  AND  BOX  SPRINGS
MEET  A  RESISTANCE TO OPEN-FLAME TEST THAT USES A PASS OR FAIL PERFORM-
ANCE CRITERIA BASED ON A TEST METHOD DEVELOPED BY  THE  OFFICE  OF  FIRE
PREVENTION  AND CONTROL OR THAT IS BASED ON ASTME 1590. IF THE OFFICE OF
FIRE PREVENTION AND CONTROL CONCLUDES THAT OTHER BEDDING CONTRIBUTES  TO
MATTRESS  FIRES,  THE  REGULATIONS SHALL REQUIRE THE OTHER BEDDING TO BE
FLAME RETARDANT UNDER THE RESISTANCE TO OPEN-FLAME TEST.   IF  FEASIBLE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03270-02-0

A. 9363                             2

THE  OFFICE  OF  FIRE  PREVENTION AND CONTROL REGULATIONS SHALL PERMIT A
MANUFACTURER TO COMPLY WITH THE RESISTANCE TO OPEN-FLAME TEST BY TESTING
A SMALL SCALE VERSION OF ITS PRODUCT. IN DEVELOPING  THESE  REGULATIONS,
THE  OFFICE  OF  FIRE PREVENTION AND CONTROL MAY CONTRACT, COOPERATE, OR
OTHERWISE SHARE RESOURCES WITH OTHER GOVERNMENT AGENCIES, PRIVATE ORGAN-
IZATIONS, OR INDEPENDENT CONTRACTORS THAT IT CONSIDERS  APPROPRIATE  FOR
PURPOSES  OF  REVIEWING  TEST CRITERIA AND METHODS, EQUIPMENT SPECIFICA-
TIONS, AND OTHER RELEVANT SUBJECTS. THESE REGULATIONS SHALL BECOME INOP-
ERATIVE UPON THE EFFECTIVE DATE OF ANY FEDERAL LAW OR REGULATION  ESTAB-
LISHING AN OPEN-FLAME RESISTANCE STANDARD FOR THESE PRODUCTS. THE OFFICE
OF FIRE PREVENTION AND CONTROL SHALL SUBMIT A REPORT TO THE GOVERNOR AND
THE  LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, SUMMA-
RIZING ITS REGULATORY FINDINGS.
  (B) REQUIREMENTS FOR FLAME RESISTANT MATTRESSES, BOX SPRINGS, OR OTHER
BEDDING PRODUCTS SHALL NOT APPLY TO ANY HOTEL, MOTEL, BED AND BREAKFAST,
INN, OR SIMILAR TRANSIENT LODGING ESTABLISHMENT THAT  HAS  AN  AUTOMATIC
FIRE EXTINGUISHING SYSTEM THAT CONFORMS TO APPLICABLE STATE CODES.
  (C)  ALL  SEATING  FURNITURE  SOLD OR OFFERED FOR SALE BY AN IMPORTER,
MANUFACTURER, OR WHOLESALER FOR USE IN THIS STATE, INCLUDING ANY SEATING
FURNITURE SOLD TO OR OFFERED FOR SALE FOR USE  IN  A  HOTEL,  MOTEL,  OR
OTHER  PLACE  OF  PUBLIC  ACCOMMODATION IN THIS STATE, AND REUPHOLSTERED
FURNITURE TO WHICH FILLING MATERIALS ARE ADDED, SHALL BE FIRE  RETARDANT
AND  SHALL  BE  LABELED  IN  A  MANNER  SPECIFIED  BY THE OFFICE OF FIRE
PREVENTION AND CONTROL.
  S 2. The executive law is amended by adding a  new  section  156-h  to
read as follows:
  S  156-H.  FIRE SAFETY STANDARDS FOR MATTRESSES AND UPHOLSTERED FURNI-
TURE. 1. AS USED IN THIS SECTION:
  (A) "FIRE RETARDANT"  MEANS  A  PRODUCT  THAT  MEETS  THE  REGULATIONS
ADOPTED  BY  THE  OFFICE  OF  FIRE PREVENTION AND CONTROL. THIS DOES NOT
INCLUDE FURNITURE USED EXCLUSIVELY FOR THE PURPOSE OF  PHYSICAL  FITNESS
AND EXERCISE.
  (B)  "BEDDING"  MEANS  ANY  QUILTED  PAD,  PACKING  PAD, MATTRESS PAD,
HAMMOCK PAD, MATTRESS,  COMFORTER,  QUILT,  SLEEPING  BAG,  BOX  SPRING,
STUDIO  COUCH,  PILLOW  OR  CUSHION  MADE OF LEATHER, CLOTH OR ANY OTHER
MATERIAL, WHICH IS OR CAN BE STUFFED OR FILLED IN WHOLE OR IN PART  WITH
ANY  CONCEALED  SUBSTANCE  OR  MATERIAL,  WHICH CAN BE USED BY ANY HUMAN
BEING FOR SLEEPING OR RECLINING PURPOSES.
  2. (A) ALL MATTRESSES AND BOX SPRINGS MANUFACTURED FOR  SALE  IN  THIS
STATE SHALL BE FIRE RETARDANT. THE OFFICE OF FIRE PREVENTION AND CONTROL
SHALL  ADOPT REGULATIONS NO LATER THAN JANUARY FIRST, TWO THOUSAND ELEV-
EN, REQUIRING THAT FIRE RETARDANT MATTRESSES  AND  BOX  SPRINGS  MEET  A
RESISTANCE  TO  OPEN-FLAME  TEST  THAT  USES  A PASS OR FAIL PERFORMANCE
CRITERIA BASED ON  A  TEST  METHOD  DEVELOPED  BY  THE  OFFICE  OF  FIRE
PREVENTION  AND CONTROL OR THAT IS BASED ON ASTME 1590. IF THE OFFICE OF
FIRE PREVENTION AND CONTROL CONCLUDES THAT OTHER BEDDING CONTRIBUTES  TO
MATTRESS  FIRES,  THE  REGULATIONS SHALL REQUIRE THE OTHER BEDDING TO BE
FLAME RETARDANT UNDER THE RESISTANCE TO OPEN-FLAME  TEST.  IF  FEASIBLE,
THE  OFFICE  OF  FIRE  PREVENTION AND CONTROL REGULATIONS SHALL PERMIT A
MANUFACTURER TO COMPLY WITH THE RESISTANCE TO OPEN-FLAME TEST BY TESTING
A SMALL SCALE VERSION OF ITS PRODUCT. IN DEVELOPING  THESE  REGULATIONS,
THE  OFFICE  OF  FIRE PREVENTION AND CONTROL MAY CONTRACT, COOPERATE, OR
OTHERWISE SHARE RESOURCES WITH OTHER GOVERNMENT AGENCIES, PRIVATE ORGAN-
IZATIONS, OR INDEPENDENT CONTRACTORS THAT IT CONSIDERS  APPROPRIATE  FOR
PURPOSES  OF  REVIEWING  TEST CRITERIA AND METHODS, EQUIPMENT SPECIFICA-
TIONS, AND OTHER RELEVANT SUBJECTS. THESE REGULATIONS SHALL BECOME INOP-

A. 9363                             3

ERATIVE UPON THE EFFECTIVE DATE OF ANY FEDERAL LAW OR REGULATION  ESTAB-
LISHING AN OPEN-FLAME RESISTANCE STANDARD FOR THESE PRODUCTS. THE OFFICE
OF FIRE PREVENTION AND CONTROL SHALL SUBMIT A REPORT TO THE GOVERNOR AND
THE  LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, SUMMA-
RIZING ITS REGULATORY FINDINGS.
  (B) REQUIREMENTS FOR FLAME RESISTANT MATTRESSES, BOX SPRINGS, OR OTHER
BEDDING PRODUCTS SHALL NOT APPLY TO ANY HOTEL, MOTEL, BED AND BREAKFAST,
INN, OR SIMILAR TRANSIENT LODGING ESTABLISHMENT THAT  HAS  AN  AUTOMATIC
FIRE EXTINGUISHING SYSTEM THAT CONFORMS TO APPLICABLE STATE CODES.
  (C)  ALL  SEATING  FURNITURE  SOLD OR OFFERED FOR SALE BY AN IMPORTER,
MANUFACTURER, OR WHOLESALER FOR USE IN THIS STATE, INCLUDING ANY SEATING
FURNITURE SOLD TO OR OFFERED FOR SALE FOR USE  IN  A  HOTEL,  MOTEL,  OR
OTHER  PLACE  OF  PUBLIC  ACCOMMODATION IN THIS STATE, AND REUPHOLSTERED
FURNITURE TO WHICH FILLING MATERIALS ARE ADDED, SHALL BE FIRE  RETARDANT
AND  SHALL  BE  LABELED  IN  A  MANNER  SPECIFIED  BY THE OFFICE OF FIRE
PREVENTION AND CONTROL.
  3. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO ASSESS A FINE OF UP TO
ONE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS SECTION. TO ENFORCE  THE
PROVISIONS  OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN ACTION ON
BEHALF OF THE PEOPLE OF  THE  STATE  OF  NEW  YORK  TO  ENJOIN  ACTS  IN
VIOLATION  OF  THIS  SECTION  AND  TO RECOVER CIVIL PENALTIES AUTHORIZED
UNDER THIS SUBDIVISION.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Assembly Bill A9363

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Sponsored By

GABRYSZAK

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Richard Brodsky

Adriano Espaillat

multi-Sponsors

Richard Gottfried

Earlene Hooper

John McEneny

Audrey Pheffer

2009-A9363 (ACTIVE) - Details

2009-A9363 (ACTIVE) - Summary

2009-A9363 (ACTIVE) - Sponsor Memo

2009-A9363 (ACTIVE) - Bill Text download pdf

Comments