Requires that mattresses and upholstered furniture be fire retardant pursuant to regulation to be adopted by the office of fire prevention and control

Summary of specific provisions

Section one amends the general business law act by adding a new section 385-b, requiring all mattresses and box springs manufactured for sale in New York State to be fire retardant. The office of fire prevention and control shall adopt regulations requiring that fire retardant mattresses and box springs meet resistance to open-flame test that uses a pass or fail performance criteria. If the office of fire prevention and control concludes that other bedding contributes to mattress fires, the regulations shall require other bedding to be flame retardant under the resistance to open-flame test.

Requirements for flame resistant mattresses, box springs, or other bedding products shall not apply to any hotel, motel, bed and breakfast, inn, or similar transient lodging establishment that has an automatic fire extinguishing system that conforms to applicable state codes.

This requirement applies to all seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state.

Section 2 amends the executive law by adding a new section 156-h, requiring all mattresses and box springs manufactured for sale in New York State to be fire retardant. The office of fire prevention and control shall adopt regulations requiring that fire retardant mattresses and box springs meet a resistance to open-flame test that uses a pass or fail performance criteria. If the office of fire prevention and control concludes that other bedding contributes to mattress fires, the regu- lations shall require other bedding to be flame retardant under the resistance to open-flame test.

Requirements for flame resistant mattresses, box springs, or other bedding products shall not apply to any hotel, motel, bed and breakfast, inn, or similar transient lodging establishment that has an automatic fire extinguishing system that conforms to applicable state codes.

This requirement applies to all seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state.

The attorney general shall have the power to assess a fine of up to one thousand dollars for each violation of this section. To enforce the provisions of this section, the attorney general may bring an action on behalf of the people of the State of New York.

Justification

On April 5, 2004, a young couple and their 4-year-old daughter from the City of Yonkers were killed in an apartment fire that started when a mattress caught fire from a stove's open flame. Unfortu- nately, this tragedy plays itself out hundreds of times throughout the country each year resulting in fatalities, injuries and hundreds of millions of dollars in property damages.

Mattresses are one of the most flammable items in the home because of the polyurethane foam - the material which makes the bed comfortable, it is also what makes it very flammable. Currently, federal guidelines administered by the Consumer Product Safety Commission only requires mattresses to be flame resistant-meaning they have to pass a smoldering cigarette test - but are not required to resist an open flame.

California has recently enacted the nation's first law requiring that mattresses, box springs, and futons sold to consumers provide protection against an open flame. This standard is designed to prevent an intense mattress fire for a full thirty minutes, giving potential victims a life-saving window to escape. The law takes effect on January 1, 2007, after which such products manufactured for sale to California consumers must be open-flame resistant.

Prior legislative history

A3369 of 2004-2005; A3369 of 2005-2006; A1417A of 2007-2008; A3128 of 2009 (Bradley)

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.