Requires safer window coverings in child day care centers, public institutions for children and certain other facilities

Summary of provisions

Section 1 amends the social services law by adding a new section 390-aa to provide that any agency boarding home, group home, child day care center, public institution for children, or any authorized agency, excluding a foster home, family day care center, or group family day care center, that installs new or replacement window coverings on or after October 1, 2014 must install cordless window coverings that meet the requirements of ANSI/WCMA A100.1-2012. Where cordless window covering products are not available or are impractical for certain window applications, non-cordless window covering products may be used with written documentation by at least two New York window covering retailers that such product is unavailable or impractical.

Window coverings that are in place before October 1, 2014 must meet the requirements of a version of ANSI/WCMA A100.1-2012 for certain shades and blinds listed under this section or be retrofitted with repair kits approved by the Consumer Product Safety Commission (CPSC) for distribution to consumers by the Window Covering Safety Council (WCSC).

Section 2 states that this act shall take effect October 1, 2014; provided that the provisions of subdivision 4 shall take effect October 1, 2016.

Justification

The Federal Consumer Product Safety Commission (CPSC) has estimated that, since 1982, at least 200 children have died from strangulation associated with corded window coverings. Those most at risk are children aged one to three years old, who have some mobility but are still unable to fully control their motor functions.

Since 1996, CPSC has partnered with the Window Coverings Manufacturers Association (WCMA) to develop standards for window coverings that address this risk, and has also partnered with the Window Coverings Safety Council (WCSC) to distribute free kits to retrofit older window coverings that pre-date standards and to reduce the risk of strangulation. More recently, in 2009, CPSC and window blind manufacturers participated in a joint voluntary corrective action program to recall to repair 50 million sets of Roman shades and roll up blinds throughout the United States to address a risk of strangulation associated with exposed cords.

This legislation establishes regulatory standards for the different types of blinds, shades, and window coverings currently available to

consumers in New York. It requires any agency boarding home, group home, child day care center, public institution for children, or any authorized agency to replace their blinds with safer alternatives or modify them with safety mechanisms.

While this proposal does not apply to family foster homes or child care facilities situated in an individual's residence, it is already within the Office of Children and Family Services' authority to regulate compliance with safety standards in these locations Authorized "home finders" visit prospective parents and operators, perform safety assessments, provide training on taking proper care of children, and require modifications when necessary.

In enacting this legislation, New York State would be sending a message that corded window coverings can be a safety hazard to children and deserve attention and analysis by parents, consumers, child care agencies, manufacturers, and the government.

Legislative history

New bill.

Fiscal implications

None to the state

Effective date

This act shall take effect October 1, 2014; provided, however that the provisions of subdivision 4 of section 390-aa of the social services law, as added by section one of this act, shall take effect October 1, 2016. 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.