Assembly Bill A405A

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

                                   405

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROSENTHAL, DINOWITZ, GUNTHER, ROBINSON, WEPRIN,
  BUCHWALD, JAFFEE, ROBERTS -- Multi-Sponsored by -- M.  of  A.  ARROYO,
  CLARK,  COOK,  ENGLEBRIGHT,  MAGEE,  PERRY,  SCHIMEL  -- read once and
  referred 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-j
to read as follows:
  S 390-J. 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04116-01-5

              

A. 405                              2

  (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.
  (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 NINETEEN, 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  NINE-
TEEN,  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 twenty-four months after it shall have
become  a  law.    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.