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.
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.
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
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