Amended in Assembly June 1, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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, 2018, 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 begin delete with a length of over 7 end delete begin delete 3⁄4 end delete begin delete inches, including a cord that can be extended or pulled to exceed 7 end delete begin delete 3⁄4 end delete begin delete 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. end delete begin insert determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission and any successor standards. end insert

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 begin delete require end delete begin insert prohibit end insert a community care facility or child day care facility that serves children under 6 years of age begin insert from installing a corded window covering in the facility. The bill would also require those facilities end insert to remove all corded window coverings or begin delete make the accessible cord inaccessible through the use of an effective passive guarding device end delete begin insert retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, end insert by January 1, 2019. begin insert The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or end insert begin insert facility fails to comply with the above provisions. end insert 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:

SECTION 1.  

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

 

Chapter  35. Corded Window Coverings

 

22948.8.  

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

(a) “Accessible cord” means any cord begin delete with a length of over
seven and three-quarter inches, including a cord that can be
extended or pulled to exceed seven and three-quarter inches. end delete
begin insert determined to be accessible pursuant to the 2012 American
National Standard for Safety of Corded Window Covering Products
adopted by the United States Consumer Product Safety Commission
consistent with the procedures under the federal Consumer Product
Safety Act (Public Law 92-573) and any end insert begin insert successor standards. end insert

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

22948.9.  

begin delete (a) end delete begin delete   end delete begin delete Except as provided in subdivision (b), it end delete begin insert It end insert is
unlawful to sell to a purchaser located in this state a begin delete corded window
covering. end delete begin insert window covering that does not meet the requirements
of the 2012 American National Standard for Safety of Corded
Window Covering Products adopted by the United States Consumer
Product Safety Commission consistent with the procedures under
the federal Consumer Product Safety Act (Public Law 92-573) and
any end insert begin insert successor standards. end insert

begin delete

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

end delete

22949.  

This chapter shall become operative on January 1, 2018.

SEC. 2.  

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

1503.3.  

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

begin insert

(b) A facility licensed or certified pursuant to this chapter that
serves children under six years of age shall not install any corded
window covering in the facility.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  By January 1, 2019, every facility licensed or certified
pursuant to this chapter that serves children under six years of age
shall remove all corded window coverings or begin delete make the accessible
cord inaccessible through the use of an effective passive guarding
device, such as a cord cover. end delete begin insert retrofit the corded window coverings
as soon as is reasonably possible with repair kits end insert begin insert that are approved
by either the United States Consumer Product Safety Commission
or the Window Covering Safety Council. end insert

begin insert

(d) If a person or facility fails to comply with this section, the
department may require replacement of existing corded window
coverings with cordless window coverings that meet the
requirements of the 2012 American National Standard for Safety
of Corded Window Covering Products adopted by the United States
Consumer Product Safety Commission consistent with the
procedures under the federal Consumer Product Safety Act (Public
Law 92-573) and any successor standards.

end insert

SEC. 3.  

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

1596.848.  

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

begin insert

(b) A child day care facility that serves children under six years
of age shall not install any corded window covering in the facility.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  By January 1, 2019, a child day care facility that serves
children under six years of age shall remove all corded window
coverings or begin delete make the accessible cord inaccessible through the
use of an effective passive guarding device, such as a cord cover. end delete
begin insert retrofit the corded window coverings as soon as is reasonably
possible with repair kits that are approved by either the United
States Consumer Product Safety Commission or the Window
Covering Safety Council. end insert

begin insert

(d) If a person or facility fails to comply with this section, the
department may require replacement of existing corded window
coverings with cordless window coverings that meet the
requirements of the 2012 American National Standard for Safety
of Corded Window Covering Products adopted by the United States
Consumer Product Safety Commission consistent with the
procedures under the federal Consumer Product Safety Act (Public
Law 92-573) and any successor standards.

end insert

SEC. 4.  

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