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

                                  5585

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 15, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11186-01-5
              

S. 5585                             2

  (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
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.