Assembly Bill A320A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  320--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  DINOWITZ,  GUNTHER,  WEPRIN,
   BUCHWALD, JAFFEE, FAHY, SEPULVEDA -- Multi-Sponsored by --  M.  of  A.
   ARROYO,  COOK,  ENGLEBRIGHT, MAGEE, PERRY -- read once and referred to
   the Committee on Children and Families -- reported and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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".
   §  2. The social services law is amended by adding a new section 390-l
 to read as follows:
   § 390-L. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01713-04-8

              

 A. 320--A                           2
 
   (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;
   (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  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  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SECTION, SHALL MEET THE REQUIREMENTS OF ANSI/WCMA A  100.1-2012  OR  ANY
 SUCCESSOR STANDARD THERETO, INCLUDING 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.
   § 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.