The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2150
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, GUNTHER, WEPRIN, FAHY --
   Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, PERRY --  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 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-m
 to read as follows:
   § 390-M. 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 CORD WITH A SERIES OF SMALL SPHERES, TYPI-
 CALLY MADE OF METAL OR PLASTIC.
   (B) "CORD LOOP" MEANS A LOOP FORMED BY AN INNER  CORD  THAT  DOES  NOT
 DIMINISH IN SIZE WHEN THE FORCE USED TO CREATE THE LOOP IS REMOVED.
   (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 4 INCHES IN DIAMETER
 RESULTING IN A 12-INCH MAXIMUM CIRCUMFERENCE;
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00337-02-1

 A. 2150                             2
 
   (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 RIGID MATERIAL USED FOR MANUAL OPERATION.
   2. ANY CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C)  OF  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE OR ANY AUTHORIZED
 AGENCY  AS  DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THIS TITLE INCLUDING ANY AGENCY BOARDING HOME  OR
 GROUP  HOME INSTALLING NEW OR REPLACEMENT WINDOW COVERINGS SHALL INSTALL
 CORDLESS WINDOW COVERINGS OR WINDOW COVERINGS WITH  INACCESSIBLE  OPERA-
 TIONAL AND INNER CORDS.
   3.  ANY  CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE OR ANY AUTHORIZED
 AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE OF THIS TITLE INCLUDING ANY AGENCY BOARDING HOME OR
 GROUP HOME THAT HAS WINDOW COVERINGS IN PLACE  PRIOR  TO  THE  EFFECTIVE
 DATE  OF  THIS  SECTION,  SHALL  MEET  THE  REQUIREMENTS  OF ANSI/WCMA A
 100.1-2018 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 EXPOSED 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.
   5. IF THE INSTALLATION OF A CORDLESS WINDOW COVERING OR WINDOW  COVER-
 ING  WITH  INACCESSIBLE OPERATIONAL AND INNER CORDS IS EITHER IMPOSSIBLE
 BECAUSE SUCH WINDOW COVERINGS ARE UNAVAILABLE OR  IMPRACTICABLE  DUE  TO
 THE  WINDOW  SIZE,  HEIGHT  OR  SHAPE, THEN NON-CORDLESS WINDOW COVERING
 PRODUCTS THAT MEET THE REQUIREMENTS OF ANSI A100.1-2018 OR ANY SUCCESSOR
 STANDARD ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES SHALL BE  DEEMED  TO
 MEET  THE  REQUIREMENTS  OF  SUBDIVISION THREE OF THIS SECTION, PROVIDED
 THAT THE IMPOSSIBILITY OR IMPRACTICABILITY IS DOCUMENTED BY AT LEAST TWO
 PEOPLE OR ENTITIES LOCATED IN THIS STATE THAT ENGAGE IN THE BUSINESS  OF
 SELLING WINDOW TREATMENTS.
   § 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 to be made and completed
 on or before such effective date.