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House Study Bill 74

Bill Text

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.  RULES AND APPLICABILITY.  The state fire marshal
  2 23 shall adopt rules for implementation of this Act to be
  2 24 effective on January 1, 2002.  This Act shall apply to all
  2 25 seating furniture sold or delivered for sale in this state on
  2 26 and after January 1, 2002.  
  2 27                           EXPLANATION
  2 28    This bill directs the state fire marshal to adopt rules
  2 29 relating to flammability testing and labeling procedures for
  2 30 seating furniture for use in public places.  The bill
  2 31 prohibits the sale of seating furniture to be used in a public
  2 32 place which fails to meet the flammability standards adopted,
  2 33 unless otherwise exempt.  The bill establishes a definition of
  2 34 "filling material" and "seating furniture".  Rules are to be
  2 35 adopted by January 1, 2002.  The bill provides that a person
  3  1 who sells or delivers for sale in this state any item of
  3  2 seating furniture which does not meet the requirements and
  3  3 standards established pursuant to the bill commits a simple
  3  4 misdemeanor.  The bill also provides that the state fire
  3  5 marshal may commence a civil action to enjoin a person from
  3  6 engaging in a violation of the bill.  
  3  7 LSB 2089HC 79
  3  8 av/pj/5
     

Text: HSB00073                          Text: HSB00075
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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