Ban Chemical Flame Retardants

"Open flame flammability standard" is defined as a standard, developed pursuant to the rules and regulations of the department, in consultation with the office of fire prevention and control, requiring residential upholstered furniture to not lead to flashover for at least fifteen minutes of time. The standard must be reviewed no less than ever two years and include an assessment of the standards used in other states.

The section also authorizes the Department of Environmental Conservation (DEC) to approve exemptions to the prohibition on the use of chemical flame retardants upon a determination that the proposed chemical flame retardant does not pose a risk to human health or the environment.

Section 2 is the effective date.

Justification

The objective of this bill is to prohibit the use of chemical flame retardants on residential upholstered furniture because of their propen- sity to combust with rapidity, as well as their adverse health conse- quences. These retardants are ineffective in preventing the spread of fires and, more importantly, when combusted the chemicals that are released form harmful byproducts that have the potential to affect the health of firefighters, especially female firefighters. Recent studies have shown that approximately 94 percent of couches manufactured after 2005 contain chemical flame retardants. The amount of chemical flame retardants present in this type of upholstered furniture is capable of being measured in pounds.

Flame retardant chemicals were added to upholstered furniture in response to a 1975 California flammability standard study, which was conducted in response to concerns about the large number of cigarette fires. However, the increased sale of flame-retardant chemicals has not eradicated this issue because the chemicals are so ineffective. The Chicago Tribune quoted an author of one study as saying, "the fire just laughs at it."

The vast majority of furniture sold in the United States meets the Cali- fornia standard due to California's large market share. However, scien- tific studies have demonstrated that meeting the requirements of the California standard does not accurately reflect real-world fire behav- ior. A study conducted by the United States Department of Commerce National Bureau of Standards found that there were no significant differences in fire resistance between treated and untreated foams.

Not only are chemical flame retardants ineffective, they pose dangerous health risks when used daily as well as when ignited. During normal use, chemical flame retardants migrate out of furniture and into house- hold dust. Toddlers typically show three times the level of flame retar- dants in their blood streams as their parents because of their tendency to put household items in their mouth. This exposure is on top of what babies are born with. Furthermore, some chemical retardants are suspected as carcinogenic. When combusted, chemical flame retardants can form harmful by-products that have potential adverse health risks to firefighters. A recent study in San Francisco found that firefighters had two to three times the rate of flame retardants in their blood stream than the average. 110 female firefighters in the study experi- enced a risk of breast cancer that was nearly six times higher than the general population.

Upholstered furniture can be highly volatile when ignited and has become a leading cause of firefighter and household deaths because of the rapid propensity to reach an inflamed, all-consumed stage, called flashover. Statistics demonstrate that when firefighters are able to arrive at a scene before the contents of a room have reached flashover, a fire is able to be contained. This bill prohibits the sale of residential uphol- stered furniture in New York that becomes fully engulfed and subject to flashover in less than fifteen minutes from the time it is exposed to a heat source and prohibits the use of certain chemical flame retardants that are added to the composition of the furniture. Furthermore, the chemical flame retardants as stipulated in the legislation, are recog- nized as posing a danger to both firefighters and citizens because of their toxic qualities when used every day, as well as their particular gaseous qualities when inhaled during a fire. For all of the foregoing reasons it is imperative that this bill is enacted.

Prior legislative history

2015-2016: S.3844-A/A 7837-A Passed Assembly. 2013-2014: A.6557 Passed Assembly. A.6557 of 2013-2014: Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law; provided however, that section 37-0905 shall take effect June 1, 2021, and the Department of Environmental Conservation may adopt regulations necessary to implement the act prior to the effective date.