Senate Bill S432A

                                 BILL NUMBER:  S432A

 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-j
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, 2015 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, 2016 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, 2016;
provided that the provisions of subdivision 4 shall take effect
October 1, 2017.

 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 :  2013-14: S.7624-A/A.6672-A Referred to
Children and Families/Referred to Children and Families

 FISCAL IMPLICATIONS :  None to the state.

 EFFECTIVE DATE :  This act shall take effect October 1, 2016;
provided, however that the provisions of subdivision 4 of section
390-j of the social services law, as added by section one of this act,
shall take effect October 1, 2018. 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.