Amended in Senate July 1, 2015

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 begin delete of cordless telephones end delete within the state begin insert of cribs and bunk beds intended for use by children end insert .

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 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.

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 prohibit a community care facility or child day care facility that serves children under 6 years of age from installing a corded window covering in the facility. The bill would also require those facilities to remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, by January 1, 2019. The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or facility fails to comply with the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program. begin insert The bill would also make related findings and declarations. end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert begin insert Legislature finds and declares all of the
following: end insert

begin insert

(1) Accessible window covering cords present a significant risk
of injury, particularly strangulation, to young children.

end insert begin insert

(2) The United States Consumer Product Safety Commission
identified window coverings as one of the top five hidden home
hazards in the country.

end insert begin insert

(3) The United States Consumer Product Safety Commission’s
National Electronic Injury Surveillance System demonstrates that
nationwide from 1996 through 2012, an estimated 1,590 children
were treated for injuries resulting from entanglements on window
covering cords.

end insert begin insert

(4) The United States Consumer Product Safety Commission
has recorded 184 reported fatal strangulations nationwide from
1996 through 2012 involving window covering cords among
children eight years and younger.

end insert begin insert

(5) Of the 249 window covering cord incidents the United States
Consumer Product Safety Commission investigated from 1996
through 2012, they determined that 57 percent of the incidents
would not have been effectively prevented by the voluntary
standards published by the American National Standards Institute
and Window Covering Manufacturers Association.

end insert begin insert

(6) For more than a decade, manufacturers have been producing
safe window coverings designed to eliminate accessible, hazardous
cords that currently represent 20 to 25 percent of the market.

end insert begin insert

(b) It is the intent of the Legislature to enact legislation to
protect children from the preventable strangulation hazard posed
by cords on window coverings by adopting standards that provide
for safer window coverings in California.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 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 successor standards.

(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.  

It is unlawful to sell to a purchaser located in this
state a 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 successor standards.

22949.  

This chapter shall become operative on January 1, 2018.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.

(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.

(c) 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 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.

(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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.

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

(c) By January 1, 2019, a child day care facility that serves
children under six years of age shall remove all corded window
coverings or 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.

(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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.