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