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

                                  9583

                          I N  A S S E M B L Y

                             March 21, 2016
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  upholstered furniture safety act

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

  Section  1.    Article  37  of  the  environmental conservation law is
amended by adding a new title 9 to read as follows:
                                 TITLE 9
                    UPHOLSTERED FURNITURE SAFETY ACT
SECTION 37-0901. DEFINITIONS.
        37-0903. SMOLDER RESISTANCE STANDARDS.
S 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "UPHOLSTERED FURNITURE" MEANS ANY FURNITURE,  INCLUDING  CHILDREN'S
FURNITURE, MOVABLE OR STATIONARY, WHICH IS MADE OR SOLD WITH CUSHIONS OR
PILLOWS,  LOOSE  OR ATTACHED, OR IS ITSELF STUFFED OR FILLED IN WHOLE OR
IN PART WITH ANY MATERIAL, IS OR CAN BE STUFFED OR FILLED IN WHOLE OR IN
PART WITH ANY SUBSTANCE OR MATERIAL, HIDDEN OR CONCEALED  BY  FABRIC  OR
ANY  OTHER COVERING, INCLUDING CUSHIONS OR PILLOWS BELONGING TO OR FORM-
ING A PART THEREOF, TOGETHER WITH  THE  STRUCTURAL  UNITS,  THE  FILLING
MATERIAL  AND  ITS  CONTAINER  AND  ITS  COVERING WHICH CAN BE USED AS A
SUPPORT FOR THE BODY OF A HUMAN BEING, OR HIS OR HER LIMBS AND FEET WHEN
SITTING OR RESTING IN AN UPRIGHT OR RECLINING POSITION.  FOR PURPOSES OF
THIS SECTION, UPHOLSTERED FURNITURE SHALL NOT INCLUDE:
  (A) FURNITURE USED EXCLUSIVELY FOR THE PURPOSE OF PHYSICAL FITNESS AND
EXERCISE;
  (B) CUSHIONS AND PADS DESIGNED FOR OUTDOOR USE;
  (C) ANY ARTICLE WHICH IS SMOOTH SURFACED AND  CONTAINS  NO  MORE  THAN
ONE-HALF  INCH  OF FILLING MATERIAL, PROVIDED THAT SUCH ARTICLE DOES NOT
HAVE A HORIZONTAL SURFACE MEETING A VERTICAL SURFACE;
  (D) BASSINETS, BOOSTER SEATS, CAR SEATS,  CHANGING  PADS,  FLOOR  PLAY
MATS,  HIGHCHAIRS,  HIGHCHAIR  PADS,  INFANT  BOUNCERS, INFANT CARRIERS,
INFANT SEATS, INFANT  SWINGS,  INFANT  WALKERS,  NURSING  PADS,  NURSING

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

                                                           LBD11186-01-5

A. 9583                             2

PILLOWS,  PLAYPEN  SIDE  PADS,  PLAYARDS,  PORTABLE  HOOK-ON CHAIRS, AND
STROLLERS; AND
  (E) ANY ARTICLE MANUFACTURED IN ACCORDANCE WITH A WRITTEN PRESCRIPTION
FROM ANY ONE OF THE HEALTH CARE PROFESSIONALS SET FORTH IN THIS SUBDIVI-
SION,  OR  MANUFACTURED  IN  ACCORDANCE  WITH  OTHER  COMPARABLE WRITTEN
MEDICAL THERAPEUTIC SPECIFICATION, TO BE USED  IN  CONNECTION  WITH  THE
TREATMENT  OR  MANAGEMENT  OF  A  NAMED INDIVIDUAL'S PHYSICAL ILLNESS OR
INJURY. ANY ONE OF THE FOLLOWING HEALTH CARE PROFESSIONALS  MAY  PROVIDE
THE  WRITTEN PRESCRIPTION REQUIRED BY THIS SUBDIVISION PROVIDED THAT THE
HEALTH CARE PROFESSIONAL HAS A CURRENT AND VALID LICENSE TO PRACTICE  IN
NEW  YORK  OR  ANY  OTHER  STATE  OF  THE  UNITED  STATES  IN  WHICH THE
PRESCRIPTION WAS WRITTEN: PHYSICIANS, CHIROPRACTORS OR OSTEOPATHS.
  2. "RETAILER" MEANS A PERSON WHO  SELLS  ANY  ARTICLE  OF  UPHOLSTERED
FURNITURE TO A CONSUMER OR USER OF THE ARTICLE AS PURCHASED.
S 37-0903. SMOLDER RESISTANCE STANDARDS.
  1.  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, ANY UPHOLSTERED
FURNITURE MANUFACTURED FOR SALE IN THE STATE AND  SOLD  OR  OFFERED  FOR
SALE TO THE GENERAL PUBLIC AT RETAIL OUTLETS IN THE STATE SHALL MEET THE
MOST  RECENTLY ADOPTED STANDARDS FOR THE SMOLDER RESISTANCE OF MATERIALS
USED IN UPHOLSTERED FURNITURE ESTABLISHED BY THE  CALIFORNIA  DEPARTMENT
OF  CONSUMER  AFFAIRS,  BUREAU  OF ELECTRONIC AND APPLIANCE REPAIR, HOME
FURNISHINGS AND THERMAL INSULATION, AND SHALL INCLUDE AN  AFFIXED  LABEL
DEMONSTRATING COMPLIANCE WITH SUCH STANDARD.
  2. THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO:
  (A) ANY UPHOLSTERED FURNITURE IN A RETAILER'S INVENTORY PRIOR TO JANU-
ARY  FIRST,  TWO  THOUSAND  SEVENTEEN AND SOLD OR OFFERED FOR SALE AFTER
SUCH DATE; OR (B) ANY UPHOLSTERED FURNITURE THAT IS  REPAIRED,  REUPHOL-
STERED, RE-COVERED, RESTORED, RENEWED OR MADE TO ORDER AND SPECIFICATION
OF THE USER USING EITHER NEW MATERIALS OR THE OWNER'S MATERIALS.
  S  2.    The  commissioner  of the New York state division of homeland
security and emergency services, in consultation with the New York state
office of fire prevention and control, shall on or  before  February  1,
2018,  prepare  a report to be delivered to the governor and legislature
assessing emerging fire barrier materials and other  relevant  technolo-
gies  to  examine  their open flame resistant properties, evaluate their
cost effectiveness and determine their applicability in open flame test-
ing of upholstered furniture as defined in section 37-0901 of the  envi-
ronmental  conservation  law,  as  added by section one of this act. The
commissioner shall consult with interested stakeholders and  incorporate
findings  from  similar  research  performed by the California Bureau of
Electronic and Appliance Repair, Home Furnishings and Thermal Insulation
(BEARHFTI).
  S 3. This act shall take effect immediately.