Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 282


Introduced by Assembly Member Eggman

February 11, 2015


An act to add Chapter 35 (commencing with Section 22948.8) to Division 8 of the Business and Professions Code, and to add Sections 1503.3 and 1596.848 to the Health and Safety Code, relating to window coverings.

LEGISLATIVE COUNSEL’S DIGEST

AB 282, as amended, Eggman. Corded window coverings.

Existing law generally regulates various business activities and practices, including the sale of cordless telephones within the state.

This bill would, beginning January 1,begin delete 2017,end deletebegin insert 2018,end insert make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define “corded window covering” as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define “accessible cord” as any cord with a length of over 7 34 inches, including a cord that can be extended or pulled to exceed 7 34 inches. The bill would authorize a corded window covering for which an accessible cord cannot be eliminated, as specified, to be sold to a purchaser located in the state only if the accessible cord is made inaccessible through the use of an effective passive guarding device, such as a cord cover.

Existing law provides for the licensing and regulation of community care facilities, including, among others, residential facilities, foster family homes, certified family homes, and group homes by the State Department of Social Services. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor.

This bill would require a community care facility or child day care facility that serves children under 6 years of age to remove all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device by January 1, 2019. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 35 (commencing with Section 22948.8)
2is added to Division 8 of the Business and Professions Code, to
3read:

4 

5Chapter  35. Corded Window Coverings
6

 

7

22948.8.  

For purposes of this chapter, the following terms shall
8have the following meanings:

9(a) “Accessible cord” means any cord with a length of over
10seven and three-quarter inches, including a cord that can be
11extended or pulled to exceed seven and three-quarter inches.

12(b) “Corded window covering” means a window covering,
13including, but not limited to, blinds, curtains, draperies, and shades,
14that has an accessible cord.

15

22948.9.  

(a) Except as provided in subdivision (b), it is
16unlawful to sell to a purchaser located in this state a corded window
17covering.

P3    1(b) If an accessible cord cannot be eliminated from a corded
2window covering due to the large size of the window covering or
3for another reason, the corded window covering may be sold to a
4purchaser located in this state only if the accessible cord is made
5inaccessible through the use of an effective passive guarding
6device, such as a cord cover.

7

22949.  

This chapter shall become operative on January 1,begin delete 2017.end delete
8begin insert 2018.end insert

9

SEC. 2.  

Section 1503.3 is added to the Health and Safety Code,
10to read:

11

1503.3.  

(a) For the purposes of this section, the terms
12“accessible cord” and “corded window covering” have the same
13meaning as in Section 22948.8 of the Business and Professions
14Code.

15(b) By January 1, 2019, every facility licensed or certified
16pursuant to this chapter that serves children under six years of age
17shall remove all corded window coverings or make the accessible
18cord inaccessible through the use of an effective passive guarding
19device, such as a cord cover.

20

SEC. 3.  

Section 1596.848 is added to the Health and Safety
21Code
, to read:

22

1596.848.  

(a) For the purposes of this section, the terms
23“accessible cord” and “corded window covering” have the same
24meaning as in Section 22948.8 of the Business and Professions
25Code.

26(b) By January 1, 2019, a child day care facility that serves
27children under six years of age shall remove all corded window
28coverings or make the accessible cord inaccessible through the
29use of an effective passive guarding device, such as a cord cover.

30

SEC. 4.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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