BILL ANALYSIS
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|Hearing Date:June 25, 2001 |Bill No:AB |
| |603 |
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SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
Senator Liz Figueroa, Chair
Bill No: AB 603Author:Dutra
As Amended: May 14, 2001 Fiscal: Yes
SUBJECT: Flammability Standards: Mattresses.
SUMMARY: Expands the flammability and labeling standards
of the Bureau of Home Furnishings and Thermal Insulation
(Bureau) for mattresses, box springs, and other bedding
products.
Existing law, the Home Furnishing and Thermal Insulation
Act:
1)Authorizes the Bureau to regulate the content of other
commonly associated bedding.
2)Requires all mattresses manufactured for sale or offered
for sale in this state be fire retardant.
3)Defines a "fire retardant" product as one which meets the
standards adopted by regulation by the Bureau.
4)Requires any upholstered furniture or mattress that is
made of non-flame retardant cellular foam to be labeled
in a manner approved by the Bureau.
5)Authorizes the Bureau to exempt items of upholstered
furniture, which are deemed not to pose a serious fire
hazard from the fire retardant requirements.
6)Establishes, by administrative adoption, TB 129 relating
to voluntary fire resistance standards that purchasers of
mattresses for institutional purposes may require.
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7)Authorizes the Bureau Chief to set license fees, which do
not exceed specified amounts under this Act.
Existing Federal Law, under the Flammable Fabrics Act,
requires mattresses to meet a smoldering standard to reduce
the risk of fires due to cigarettes and other smoking
materials, but does not address standards for open flame
ignition. The regulations covering the flammability of
mattresses and mattress pads are cited in the Code of
Federal Regulations 16 CFR 1632. The Flammable Fabrics Act
is enforced by the U.S. Consumer Product Safety Commission.
This bill:
1)Requires box springs manufactured for sale in this state
to be fire retardant.
2)Requires the Bureau to adopt regulations no later than
January 1, 2004, requiring that fire retardant mattresses
and box springs meet a resistance to open flame test
based on a test method developed by the Bureau or that is
based on ASTM E1590.
3)Exempts any hotel, motel, bed and breakfast, inn, or
similar lodging establishment from the requirements for
flame resistant mattresses, box springs, and bedding if
the establishment is equipped with an automatic fire
extinguishing system.
4)Requires the regulations to require the other bedding
products to be flame retardant, if the Bureau determines
that other bedding products contribute to mattress fires.
5)Specifies that these regulations shall become inoperative
upon the adoption of any federal law or regulation
establishing a flame resistance standard.
6)Authorizes the Bureau to contract with other governmental
agencies, private organizations, or independent
contractors to develop the regulations.
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7)Requires the Bureau to report its findings to the
Legislature by January 1, 2004.
8)Requires that bedding made from or containing non-flame
retardant cellular foam to be labeled in a manner
approved by the Bureau, commencing January 1, 2004.
However, specifies that no label is required for products
that comply with specified flammability law.
9)Increases the biennial renewal license fees for an
importer's license and a furniture and bedding
manufacturer's license from $540 to $750.
10)Makes findings and declarations about flammability
research, standards, and requirements in the United
States and in California.
FISCAL EFFECT: According to the Assembly Appropriations
Committee analysis dated May 9, 2001, the Department of
Consumer Affairs estimates special fund costs of about
$200,000 in the first two years for development of
regulations, testing, and related activities; and ongoing
costs of about $150,000 for regulation and enforcement.
These costs would be fully offset by revenues from the
license fee increases in the bill.
COMMENTS:
1.Purpose. According to the author, residential mattresses
constitute the single greatest cause of fire death in
homes in the United States and children playing with
small open-flame sources cause nearly two-thirds of such
fires. The author's intent is to help prevent the deaths
and injuries, which occur from mattress fires.
The sponsor, the Children's Coalition for Fire Safe
Mattresses and Upholstered Furniture, asserts that this
measure will enable the Bureau to commence new labeling
requirements and flammability standards on all items
associated with mattresses and reduce the risk of
open-flame ignitions.
2.Background. In the 1973, the Consumer Products Safety
Commission (CPSC) adopted a smoldering cigarette standard
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for mattresses. In effect, a mattress would have to meet
a fire safety standard associated with a person dropping
a lit cigarette onto the bed. That federal standard was
based on technology available at the time. Subsequently,
other technology has developed that would enable more
protective standards, in particular protection in cases
of open flame combustion.
Beginning in the 1990s, national fire statistics indicated
that the Federal Mattress Flammability Standard did not
materially affect the incidence of residential mattress
fires ignited by small open flames. More recent research
conducted by the CPSC, the fire safety community, and
private industry also shows that in many mattress fires
involving open-flame ignitions, the bedding, which
includes the pillow, comforter, and bedspread, is the
first product to ignite, as opposed to the mattress
itself.
3.Open-Flame Ignition Testing and Movement in this Area is
Occurring at the National Level. Extensive research is
being conducted at the U.S. National Institute of
Standards and Technology to determine the most effective
approach to the problem of open-flame ignition in the
bedding environment. Also, a new standard to address
open-flame hazards is being considered at the CPSC. The
CPSC staff states that next month a briefing package will
be provided to the Commissioners. Subsequently, the CPSC
can issue an ANPR (Advanced Notice Proposed Rulemaking)
for an open flame standard which will formally initiate
the rule making process.
It must be noted that the rule making process by the CPSC
can be a lengthy one. Last year, when AB 1866 (Dutra)
was introduced, the CPSC had also indicated that action
in this area was imminent.
4.ASTM E1590 Standard. The American Society of Testing and
Materials (ASTM) has developed a standard test method for
fire testing of mattresses. This test method provides a
means of determining the burning behavior of mattresses
used in public occupancies, by measuring specific fire
test responses when a mattress or mattress with
foundation is subjected to a flaming ignition source.
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ASTM provides voluntary consensus standards, related
technical information, and services that, according to
ASTM, have internationally recognized quality and
applicability. ASTM has written over 11,000 standards.
5.Prior Legislation. Assembly Member Dutra introduced AB
1866 last year, which would have required, effective
January 1, 2003, that mattresses manufactured for sale in
California to be resistant to an open flame, unless a
federal standard of equal requirements is enacted. The
bill was held on the Senate Appropriations Committee
Suspense file.
6.Arguments in Support. According to recent statistics,
home fires kill 3,700 people a year, 1000 of them
children 14 years and younger. Consumers Union believes,
that by raising the flammability standard, this bill will
protect consumers from death, injury, and property
damage.
Proponents of the measure stress that current research
conducted by the U.S. Consumer Products Safety Commission
has revealed that in many mattress fires, bedclothes
(e.g., comforters, pillows, mattress pads) are the first
products to ignite as opposed to the mattress itself.
The research also reveals that bedclothes, as well as the
box springs, can have a significant impact on how quickly
and intense a mattress fire spreads.
The International Sleep Products Association indicates that
this bill will enable California to commence work on new
mattress flammability requirements beginning January 1,
2002. Additionally, AB 603 allows for a timeframe in
which the regulations will be able to be based on the
scientific research currently being conducted.
7.Technical Amendment. Page 5, line 31-32 refers to "ASTME
1590." The bill should reflect the correct terminology
for the standard and should read "ASTM E1590."
SUPPORT AND OPPOSITION:
Support: California Professional Firefighters
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Chestnut Ridge Foam, Inc.
Consumer Attorneys of California
Consumers Union
International Sleep Products Association
Opposition:None on file
Consultant:Robin Hartley