senate Bill S3678A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 14 / Jun / 2013
    • PRINT NUMBER 3678A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1437
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings on or after October 1, 2016, to install cordless window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2016, to meet certain safety standards established.

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Bill Details

Versions:
S3678
S3678A
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add ยง390-i, Soc Serv L
Versions Introduced in 2011-2012 Legislative Cycle:
S6721A

Sponsor Memo

BILL NUMBER:S3678A

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 will prohibit the use of corded blinds in certain public
child care facilities in order to remove the threat of strangulation
or other harms caused by window covering cords.

SUMMARY OF PROVISIONS:

The social services law will be amended by adding a new section 390-i
defining relevant terms and establishing the Prohibition.

JUSTIFICATION:

Since 1982, the federal Consumer Protection Safety Commission has
estimated at least 200 children have died of strangulation from Roman
and roll-up window blinds. According. to advocacy groups such as the
Parents for Window Blind Safety, the number of fatalities and serious
injuries is closer to 500. Those most at risk are children and 1 to 3
years old, who have some mobility but are still unable to fully
control their motor functions.

That window blinds and coverings with easily accessible drawstrings
are a serious safety hazard is nothing new. In 2009, a joint effort
by the Consumer Protection Safety Commission and window blind
manufacturers ordered the recall of 50 million sets of blinds
throughout the United States. As far as three decades earlier, a
federal study tied the deaths of 41 children between 1973 and 1980 to
blind and shade cord strangulation.

This legislation strengthens regulatory standards for the different
types of blinds, shades and window coverings currently available to
consumers. It also requires boarding homes, soup homes, child day
care centers, authorized agencies and public institutions for
children, in the course of regular maintenance and renovation, to
replace their blinds with safe alternatives or modify them with
safety mechanisms.

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

Building on the legacy of Maryland's Angel's Law, enacted in 2010 in
response to the 2009 death of Angel Duane, a toddler who caught and
strangled himself in corded window blinds after being left alone for


20 minutes, despite the fact that the cords were in the raised
position. A similar effort is being made to address this issue in
Congress. In enacting this legislation, New York State would be
sending a message that corded, roman and roll-up blinds can be a
serious safety hazard, and deserve greater attention and analysis by
parents, consumers, child care agencies, manufacturers and the
government.

LEGISLATIVE HISTORY:

A.7627 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law; provided that subdivision four of section 390-i of the
social services law, as added by section one of this act, shall take
effect on 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 is authorized and
directed to be made and completed on or before such effective date.

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

                                 3678--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

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-i to read as follows:
  S 390-I. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES  OF  THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A)  "BEADED CHAIN" MEANS A SERIES OF SMALL SPHERES, EQUALLY SPACED ON
A CORD OR CONNECTED BY METAL SHAFTS USED TO RAISE  AND  LOWER  A  WINDOW
COVERING.
  (B)  "CORD LOOP" MEANS A CURVING OR DOUBLING OF A BEADED CHAIN OR CORD
TO FORM A CLOSED LOOP.
  (C) "CORDLESS WINDOW COVERINGS" INCLUDE:
  (I) A HORIZONTAL BLIND OR CELLULAR SHADE THAT HAS NO DRAW CORD AND THE
INTERNAL LIFT CORD RUNS IN THE SLATS OF THE HORIZONTAL BLIND SO THAT THE
CORD IS INCAPABLE OF FORMING A LOOP GREATER THAN 7.25 INCHES;
  (II) A ROMAN SHADE, ROLL-UP BLIND, OR WOVEN SHADE  THAT  HAS  NO  DRAW
CORD AND THE LIFT CORD IS COMPLETELY ENCLOSED SO THAT IT IS NOT ACCESSI-
BLE;
  (III)  A VERTICAL BLIND THAT HAS A WAND AS ITS OPERATING MECHANISM AND
DOES NOT CONTAIN ANY BEADED CHAINS, CORDED PULLEYS, OR OTHER  CORD  LOOP
OPERATING MECHANISMS; AND
  (IV) A ROLLER SHADE THAT DOES NOT CONTAIN A CORD OR BEADED CHAIN.
  (D) "DRAW CORD" MEANS ANY FORM OF ROPE, STRAP, OR STRING USED TO RAISE
OR LOWER A WINDOW COVERING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05034-10-3

S. 3678--A                          2

  (E)  "INTERNAL  LIFT  CORD"  MEANS A CORD THAT IS CONTAINED INSIDE THE
BODY AND RAILS OF THE BLIND OR SHADE.
  (F) "WAND" MEANS A ROD USED TO:
  (I) ROTATE A VERTICAL BLIND; OR
  (II) TILT A HORIZONTAL BLIND.
  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  WINDOWS  SHALL INSTALL CORDLESS WINDOW
COVERINGS OR WINDOW COVERINGS WITH INACCESSIBLE  OPERATIONAL  AND  INNER
CORDS.
  3.  WINDOW  COVERINGS,  IN  PLACE  BEFORE  THE  EFFECTIVE DATE OF THIS
SECTION, IN ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER,
OR PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT  INCLUD-
ING  A  FOSTER  HOME,  FAMILY  DAY  CARE CENTER OR GROUP FAMILY DAY CARE
CENTER SHALL:
  (A) MEET THE REQUIREMENTS 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, ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN
THE  AUTHORIZED  AGENCY  MAY  REQUIRE  REPLACEMENT  OF  EXISTING  WINDOW
COVERINGS  WITH CORDLESS WINDOW COVERINGS OR WINDOW COVERINGS WITH INAC-
CESSIBLE OPERATIONAL AND INNER CORDS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided that subdivision four of section 390-i of
the social services law, as added by section one of this act, shall take
effect on October 1, 2016. Effective immediately, the  addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.

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