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Assembly Bill A3128

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

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2009-A3128 (ACTIVE) - Details

See Senate Version of this Bill:
S4733
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-A3128 (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-A3128 (ACTIVE) - Bill Text download pdf 

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

                                  3128

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. BRADLEY, BRODSKY, ESPAILLAT, GABRYSZAK -- 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 TEN, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03270-01-9

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