senate Bill S7624A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2014 print number 7624a
amend and recommit to children and families
May 20, 2014 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S7624 - Bill Details

See Assembly Version of this Bill:
A6672A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §390-j, Soc Serv L

S7624 - Bill Texts

view 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, 2014, to install safer window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2014, to meet minimum safety standards established by ANSI/WCMA A100.1-2012.

view sponsor memo
BILL NUMBER:S7624

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 prohibits the use, in certain public child care facilities,
of window coverings that are not cordless, do not comply with
established national voluntary safety standards (ANSI/WCMA A100.1 -
the American National Standard for Safety of Corded Window Covering
Products), or have not been retrofitted to mitigate the risk of
strangulation associated with window covering cords.

SUMMARY OF PROVISIONS:

Section 1 amends the social services law by adding a new section
390-aa to provide that any agency boarding home, group home, child day
care center, public institution for children, or any authorized
agency, excluding a foster home, family day care center, or group
family day care center, that installs new or replacement window
coverings on or after October 1, 2014 must install cordless window
coverings that meet the requirements of ANSI/WCMA A100.1-2012. Where
cordless window covering products are not available or are impractical
for certain window applications, non-cordless window covering products
may be used with written documentation by at least two New York window
covering retailers that such product is unavailable or impractical.

Window coverings that are in place before October 1, 2014 must meet
the requirements of a version of ANSI/WCMA A100.1-2012 for certain
shades and blinds listed under this section or be retrofitted with
repair kits approved by the Consumer Product Safety Commission (CPSC)
for distribution to consumers by the Window Covering Safety Council
(WCSC).

Section 2 states that this act shall take effect October 1, 2014;
provided that the provisions of subdivision 4 shall take effect
October 1, 2016.

JUSTIFICATION:

The Federal Consumer Product Safety Commission (CPSC) has estimated
that, since 1982, at least 200 children have died from strangulation
associated with corded window coverings. Those most at risk are
children aged one to three years old, who have some mobility but are
still unable to fully control their motor functions.

Since 1996, CPSC has partnered with the Window Coverings Manufacturers
Association (WCMA) to develop standards for window coverings that
address this risk, and has also partnered with the Window Coverings
Safety Council (WCSC) to distribute free kits to retrofit older window
coverings that pre-date standards and to reduce the risk of
strangulation. More recently, in 2009, CPSC and window blind
manufacturers participated in a joint voluntary corrective action
program to recall to repair 50 million sets of Roman shades and roll


up blinds throughout the United States to address a risk of
strangulation associated with exposed cords.

This legislation establishes regulatory standards for the different
types of blinds, shades, and window coverings currently available to
consumers in New York. It requires any agency boarding home, group
home, child day care center, public institution for children, or any
authorized agency to replace their blinds with safer alternatives or
modify them with safety mechanisms.

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

In enacting this legislation, New York State would be sending a
message that corded window coverings can be a safety hazard to
children and deserve attention and analysis by parents, consumers,
child care agencies, manufacturers, and the government.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect October 1, 2014; provided, however that the
provisions of subdivision 4 of section 390-aa of the social services
law, as added by section one of this act, shall take effect 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 are authorized and directed to be made and
completed on or before such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7624

                            I N  S E N A T E

                              May 20, 2014
                               ___________

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

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-aa to read as follows:
  S 390-AA. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES OF  THIS
SECTION, THE DEFINITIONS IN ANSI/WCMA A100.1-2012 SHALL APPLY.
  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 FOURTEEN, SHALL INSTALL  CORDLESS  WINDOW  COVERINGS
THAT  MEET  THE  REQUIREMENTS  OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR
STANDARD THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES.  IN  WINDOW
APPLICATIONS  WHERE  CORDLESS  WINDOW  COVERING  PRODUCTS ARE EITHER NOT
AVAILABLE OR IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR SHAPE
AND DOCUMENTED IN WRITING BY AT  LEAST  TWO  NEW  YORK  WINDOW  COVERING
RETAILERS,  THEN  NON-CORDLESS  WINDOW  COVERING  PRODUCTS THAT MEET THE
REQUIREMENTS OF ANSI/WCMA A100.1-2012 MAY BE ALLOWED.
  3. WINDOW COVERINGS IN PLACE BEFORE OCTOBER FIRST, TWO THOUSAND  FOUR-
TEEN  IN 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
SHALL:
  (A) MEET THE REQUIREMENTS OF A VERSION 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15202-01-4

S. 7624                             2

  (II) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS THAT
HAVE EXPOSED DRAW CORDS FOR THEIR OPERATION; AND
  (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, THE AUTHORIZED AGENCY SHALL REQUIRE REPLACEMENT
OF EXISTING WINDOW COVERINGS WITH CORDLESS WINDOW  COVERINGS  THAT  MEET
THE  REQUIREMENTS  OF  ANSI/WCMA  A100.1-2012  OR ANY SUCCESSOR STANDARD
THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES. IN  WINDOW  APPLICA-
TIONS  WHERE  CORDLESS WINDOW COVERING PRODUCTS ARE EITHER NOT AVAILABLE
OR IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR SHAPE AND DOCU-
MENTED IN WRITING BY AT LEAST TWO NEW YORK  WINDOW  COVERING  RETAILERS,
THEN NON-CORDLESS WINDOW COVERING PRODUCTS THAT MEET THE REQUIREMENTS OF
ANSI/WCMA A100.1-2012 MAY BE ALLOWED.
  S  2.  This  act  shall take effect October 1, 2014; provided, however
that the provisions of subdivision 4 of section  390-aa  of  the  social
services  law,  as  added  by section one of this act, shall take effect
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 are authorized and directed  to  be  made
and completed on or before such effective date.

S7624A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6672A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §390-j, Soc Serv L

S7624A (ACTIVE) - Bill Texts

view 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, 2014, to install safer window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2014, to meet minimum safety standards established by ANSI/WCMA A100.1-2012.

view sponsor memo
BILL NUMBER:S7624A

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 prohibits the use, in certain public child care
facilities, of window coverings that are not cordless, do not comply
with established national voluntary safety standards (ANSI/WCMA A100.1
- the American National Standard for Safety of Corded Window Covering
Products), or have not been retrofitted to mitigate the risk of
strangulation associated with window covering cords.

SUMMARY OF PROVISIONS:

Section 1 amends the social services law by adding a new section
390-aa to provide that any agency boarding home, group home, child day
care center, public institution for children, or any authorized
agency, excluding a foster home, family day care center, or group
family day care center, that installs new or replacement window
coverings on or after October 1, 2014 must install cordless window
coverings that meet the requirements of ANSI/WCMA A100.1-2012. Where
cordless window covering products are not available or are impractical
for certain window applications, non-cordless window covering products
may be used with written documentation by at least two New York window
covering retailers that such product is unavailable or impractical.

Window coverings that are in place before October 1, 2014 must meet
the requirements of a version of ANSI/WCMA A100.1-2012 for certain
shades and blinds listed under this section or be retrofitted with
repair kits approved by the Consumer Product Safety Commission (CPSC)
for distribution to consumers by the Window Covering Safety Council
(WCSC).

Section 2 states that this act shall take effect October 1, 2014;
provided that the provisions of subdivision 4 shall take effect
October 1, 2016.

JUSTIFICATION: The Federal Consumer Product Safety Commission (CPSC)
has estimated that, since 1982, at least 200 children have died from
strangulation associated with corded window coverings. Those most at
risk are children aged one to three years old, who have some mobility
but are still unable to fully control their motor functions.

Since 1996, CPSC has partnered with the Window Coverings Manufacturers
Association (WCMA) to develop standards for window coverings that
address this risk, and has also partnered with the Window Coverings
Safety Council (WCSC) to distribute free kits to retrofit older window
coverings that pre-date standards and to reduce the risk of
strangulation. More recently, in 2009, CPSC and window blind
manufacturers participated in a joint voluntary corrective action
program to recall to repair 50 million sets of Roman shades and roll
up blinds throughout the United States to address a risk of
strangulation associated with exposed cords.

This legislation establishes regulatory standards for the different
types of blinds, shades, and window coverings currently available to


consumers in New York. It requires any agency boarding home, group
home, child day care center, public institution for children, or any
authorized agency to replace their blinds with safer alternatives or
modify them with safety mechanisms.

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

In enacting this legislation, New York State would be sending a
message that corded window coverings can be a safety hazard to
children and deserve attention and analysis by parents, consumers,
child care agencies, manufacturers, and the government.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect October 1, 2014; provided,
however that the provisions of subdivision 4 of section 390-aa of the
social services law, as added by section one of this act, shall take
effect 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 are authorized and
directed to be made and completed on or before such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7624--A

                            I N  S E N A T E

                              May 20, 2014
                               ___________

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-j to read as follows:
  S 390-J. CORDLESS WINDOW COVERINGS REQUIRED.  1. FOR PURPOSES OF  THIS
SECTION, THE DEFINITIONS SET FORTH IN ANSI/WCMA A100.1-2012 SHALL APPLY.
  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 FOURTEEN, SHALL INSTALL  CORDLESS  WINDOW  COVERINGS
THAT  MEET  THE  REQUIREMENTS  OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR
STANDARD THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES.  IN  WINDOW
APPLICATIONS  WHERE  CORDLESS  WINDOW  COVERING  PRODUCTS ARE EITHER NOT
AVAILABLE OR IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR SHAPE
AND DOCUMENTED IN WRITING BY AT  LEAST  TWO  NEW  YORK  WINDOW  COVERING
RETAILERS,  THEN  NON-CORDLESS  WINDOW  COVERING  PRODUCTS THAT MEET THE
REQUIREMENTS OF ANSI/WCMA A100.1-2012 MAY BE ALLOWED.
  3. WINDOW COVERINGS IN PLACE BEFORE OCTOBER FIRST, TWO THOUSAND  FOUR-
TEEN  IN 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
SHALL:
  (A) MEET THE REQUIREMENTS OF A VERSION OF ANSI/WCMA A100.1-2012 OR ANY
SUCCESSOR  STANDARD  THERETO ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES,
INCLUDING STANDARDS FOR:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15202-02-4

S. 7624--A                          2

  (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, THE AUTHORIZED AGENCY MAY REQUIRE REPLACEMENT OF
EXISTING WINDOW COVERINGS WITH CORDLESS WINDOW COVERINGS THAT  MEET  THE
REQUIREMENTS  OF ANSI/WCMA A100.1-2012 OR ANY SUCCESSOR STANDARD THERETO
ADOPTED IN ACCORDANCE WITH ANSI  PROCEDURES.    IN  WINDOW  APPLICATIONS
WHERE  CORDLESS  WINDOW  COVERING  PRODUCTS  ARE EITHER NOT AVAILABLE OR
IMPRACTICAL TO OPERATE DUE TO WINDOW SIZE, HEIGHT, OR  SHAPE  AND  DOCU-
MENTED  IN  WRITING  BY AT LEAST TWO NEW YORK WINDOW COVERING RETAILERS,
THEN NON-CORDLESS WINDOW COVERING PRODUCTS THAT MEET THE REQUIREMENTS OF
ANSI/WCMA A100.1-2012 MAY BE ALLOWED.
  S 2. This act shall take effect October 1, 2014 provided that subdivi-
sion 4 of section 390-j of the social services law, as added by  section
one of 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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