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PAG LIN
1 1 Section 1. NEW SECTION. 101B.1 FLAMMABILITY STANDARDS
1 2 FOR CERTAIN FURNITURE – EXEMPTIONS.
1 3 1. The state fire marshal shall adopt rules pursuant to
1 4 chapter 17A relating to flammability testing and labeling
1 5 procedures for seating furniture for use in public places.
1 6 The rules shall be compatible with, but not limited to
1 7 standards published in Technical Bulletin 133, as amended as
1 8 of July 1, 1993, state of California bureau of home
1 9 furnishings and thermal insulation.
1 10 2. Rules adopted pursuant to this section shall not apply
1 11 to seating furniture, other than juvenile furniture and
1 12 furniture used for and in hospitals licensed under chapter
1 13 135B and health care facilities licensed under chapter 135C,
1 14 which are any of the following:
1 15 a. Cushions or pads intended solely for outdoor use.
1 16 b. An item of seating furniture which has a smooth surface
1 17 and contains no more than one-half inch of filling material,
1 18 if the item does not have a horizontal surface adjoining a
1 19 vertical surface.
1 20 c. An item manufactured solely for recreational use or
1 21 physical fitness purposes, such as a weightlifting bench,
1 22 gymnasium mat or pad, sidehorse, and similar items.
1 23 3. A person shall not sell or deliver for sale in this
1 24 state, any item of seating furniture which does not meet the
1 25 requirements and standards established pursuant to this
1 26 section. A person who violates this section commits a simple
1 27 misdemeanor.
1 28 4. In addition to the criminal penalty provided in
1 29 subsection 3, the state fire marshal may commence a civil
1 30 action to enjoin a person from engaging in a violation of this
1 31 section.
1 32 5. Notwithstanding the provisions of this section, public
1 33 places that are fully protected by sprinkler systems in
1 34 accordance with rules adopted pursuant to section 100.35 are
1 35 exempt from the requirements of this chapter.
2 1 6. For purposes of this section, unless the context
2 2 otherwise requires:
2 3 a. "Filling material" means cotton, wool, kapok, feathers,
2 4 down, hair, liquid, or any other material or substance,
2 5 natural or man-made, or any other prefabricated form, to be
2 6 used or that could be used in an item of seating furniture.
2 7 b. "Seating furniture" means any furniture used in a
2 8 public place, including children's furniture, movable or
2 9 stationary, which is any of the following:
2 10 (1) Made of or with cushions or pillows, either loose or
2 11 attached.
2 12 (2) Is stuffed or filled in whole or in part with any
2 13 filling material.
2 14 (3) Is or can be stuffed or filled in whole or in part
2 15 with any substance or material, hidden or concealed by fabric
2 16 or any other covering, including cushions or pillows belonging
2 17 to or forming a part of the furniture, together with the
2 18 structural unit, the filling material and its container and
2 19 covering which can be used as a support for the body, or the
2 20 limbs and feet when sitting or resting in an upright or
2 21 reclining position.
2 22 Sec. 2. The state fire marshal shall adopt rules for
2 23 implementation of this Act to be effective on January 1, 1998.
2 24 This Act shall apply to all seating furniture sold or
2 25 delivered for sale in this state on and after January 1, 1998.
2 26 EXPLANATION
2 27 This bill directs the state fire marshal to adopt rules
2 28 relating to flammability testing and labeling procedures for
2 29 seating furniture for use in public places. The bill
2 30 prohibits the sale of seating furniture to be used in a public
2 31 place which fails to meet the flammability standards adopted,
2 32 unless otherwise exempt. The bill establishes a definition of
2 33 "filling material" and "seating furniture". Rules are to be
2 34 adopted by January 1, 1998. The bill provides that a person
2 35 who sells or delivers for sale in this state any item of
3 1 seating furniture which does not meet the requirements and
3 2 standards established pursuant to the bill commits a simple
3 3 misdemeanor. The bill also provides that the state fire
3 4 marshal may commence a civil action to enjoin a person from
3 5 engaging in a violation of the bill.
3 6 LSB 2194SC 77
3 7 mj/jw/5
Text: SSB00141 Text: SSB00143 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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