Senate Bill S7579

2013-2014 Legislative Session

Establishes "Brendan's law"; requires cordless window coverings in child day care centers, public institutions for children and certain other facilities

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Archive: Last Bill Status - Stricken

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2014	recommit, enacting clause stricken
May 15, 2014	referred to children and families

2013-S7579 (ACTIVE) - Details

See Assembly Version of this Bill:: A812
Law Section:: Social Services Law
Laws Affected:: Add §390-i, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7627
2015-2016: A405
2017-2018: A320
2019-2020: A168
2021-2022: A2150

2013-S7579 (ACTIVE) - Summary

Establishes "Brendan's law"; 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 in regulations jointly adopted by the department of children and family services and the department of education.

2013-S7579 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7579

TITLE OF BILL:  An act in relation to establishing Brendan's law; and
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:

Section 1. This act shall be known and may be cited as "Brendan's
Law".

Section 2. Adds a new section 390-i to the social services law to
require that 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 1, 2016 install cordless window coverings or window coverings
with inaccessible operational and inner cords.

Section 3. Effective date.

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 aged 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 requires boarding homes, group 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: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect October 1, 2016.

2013-S7579 (ACTIVE) - Bill Text download pdf

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

                                  7579

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT in relation to establishing  Brendan's  law;  and  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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  "Brendan's
Law".
  S  2. 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 COVERING" MEANS:
  (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.
  (E)  "INTERNAL  LIFT  CORD"  MEANS A CORD THAT IS CONTAINED INSIDE THE
BODY AND RAILS OF THE BLIND OR SHADE.

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

                                                           LBD05034-16-4

S. 7579                             2

  (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  WINDOW  COVERINGS  ON OR AFTER OCTOBER
FIRST, TWO THOUSAND SIXTEEN, SHALL INSTALL CORDLESS WINDOW COVERINGS  OR
WINDOW COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
  3.  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 THAT
HAS WINDOW  COVERINGS  IN  PLACE  BEFORE  OCTOBER  FIRST,  TWO  THOUSAND
SIXTEEN,  SHALL MEET MINIMUM SAFETY STANDARDS ESTABLISHED IN REGULATIONS
JOINTLY ADOPTED BY THE DEPARTMENT OF CHILDREN AND  FAMILY  SERVICES  AND
THE DEPARTMENT OF EDUCATION THAT INCLUDE STANDARDS FOR:
  (A)  ROMAN  SHADES,  ROLL-UP  SHADES,  WOVEN  SHADES,  AND  ALL WINDOW
COVERINGS WITH EXPOSED AND UNSECURED CORDS;
  (B) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS  THAT
HAVE DRAW CORDS FOR THEIR OPERATION; AND
  (C)  VERTICAL  BLINDS  AND  OTHER  WINDOW COVERING PRODUCTS WITH LOOPS
UTILIZED IN THEIR OPERATION.
  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  OR  WINDOW
COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
  S  3. 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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Senate Bill S7579

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Archive: Last Bill Status - Stricken

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2013-S7579 (ACTIVE) - Details

2013-S7579 (ACTIVE) - Summary

2013-S7579 (ACTIVE) - Sponsor Memo

2013-S7579 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - Stricken

Actions

2013-S7579 (ACTIVE) - Details

2013-S7579 (ACTIVE) - Summary

2013-S7579 (ACTIVE) - Sponsor Memo

2013-S7579 (ACTIVE) - Bill Text download pdf

Comments