Enacts the "upholstered furniture safety act"

Summary of specific provisions

Section one provides definitions for "upholstered furniture" including what is excluded from this definition, and "retailer". It also sets smolder resistance standards to be set in accord to the standards for upholstered furniture recently set by the California department of Consumer Affairs, Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation, as well as exclusions from this subdivision.

Section two provides for 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, to prepare a report to be delivered to both the Governor and the Legislature by February, 1 2018 which would assess the fire barrier technologies, availability and cost effectiveness as defined in section 37-0901 of the environmental conservation law, added by section one of this act. Section Two also provides that the commissioner shall consult with interested stakeholders.

Section three provides the effective date.

Justification

Recent studies have shown that approximately 94 percent of couches manu- factured after 2005 contain chemical flame retardants - in amounts capa- ble of being measured in pounds. The flame retardant chemicals were added in response to a 1975 California flammability standard, TB 117, which was developed in response to concerns about the large number of cigarette fires. An editorial in Newsday described the process as follows "So, the (cigarette) industry solution to these unfortunate deaths was to add flame retardant chemicals to furniture. The result: a vast increase in sales of flame-retardant chemicals, even though they're ineffective. The "Chicago Tribune quoted the author of one study as saying: 'The fire just laughs at it." The lion's share of furniture sold in the United States meets the California standard due to California's large market share.

Scientific studies have also demonstrated that meeting the requirements of TB 117 did not accurately reflect real-world fire behavior and that

the addition of chemical flame retardants offered very little additional effectiveness. A study conducted by the United States Department of Commerce, National Bureau of Standards, found that there were no signif- icant differences in fire resistance between treated and untreated foams.

The chemical flame retardants migrate out of furniture and into house- hold dust. Because of their tendency to put items in their mouth, toddlers typically have three times the level of flame retardants as their parents. This exposure is on top of what babies are born with. An article in the Chicago Tribune stated "A typical American baby is born with the highest recorded concentrations of flame retardants among infants in the world." Many flame retardants, most notably halogenated chemical retardants, have been associated with adverse health impacts. For example, the Consumer Product Safety Commission identified the flame retardant Tris as a threat to human health, and California has identi- fied Tris as a suspected human carcinogen. In addition, when combusted, chemical flame retardants can also form harmful by-products with the potential to affect the health of firefighters adversely. A recent study in San Francisco found that firefighters had two to three times the rate of flame retardants in their blood stream than average and found that the 110 female firefighters in the study experienced a risk of breast cancer that was nearly six times higher than the general population.

In addition, there is precedent for banning dangerous flame retardants. New York State has previously banned the use of the brominated flame retardant PentaBDE, and banned the use of Tris (TCEP) in children's products.

California has recently adopted revisions to TB 117, setting forth a new smolder standard that will allow manufactures to make upholstered furni- ture without the use of chemical flame retardants. This bill will require upholstered furniture for sale in New York to meet the recently adopted California standard. Removing toxic chemicals from upholstered furniture will protect public health and make it safer for emergency responders to fight fires.

Prior legislative history

S.4780 (2014)

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.