CPSC Proposes New Flammability Standard for Residential Upholstered Furniture
The Consumer Product Safety Commission has issued a proposed rule regarding flammability standards for residential upholstered furniture under the Flammable Fabrics Act. The proposed rule would add a new 16 CFR Part 1634 to establish performance requirements for upholstered furniture and certain certification and labeling requirements for manufacturers (and/or importers, see below and BP Note) of such furniture.
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(CPSC estimates the proposed standard would affect more than 1,600 manufacturers and importers of upholstered furniture and 100-200 textile manufacturers that derive a significant share of their revenues from household furniture fabrics.)
Comments are due by May 19, 2008.
Highlights of the Proposed Upholstered Furniture Flammability Standard
The following are highlights of CPSC's proposed standard for residential upholstered furniture:
Effective date. The standard would become effective one year after the issuance of a final rule and would apply to upholstered furniture manufactured or imported on or after that date.
Upholstered furniture defined. For the purposes of the standard, upholstered furniture would be defined as an article of seating furnishing intended for indoor use in a home or other residential occupancy that: consists in whole or in part of resilient cushioning materials (such as foam, batting, or related materials) enclosed within a covering consisting of fabric or related materials, such as leather; and is constructed with contiguous upholstered seat and back or arms(s). (See proposed standard for complete definition and exemptions - such as patio chairs, ottomans, separately sold pads, etc.)
Manufacturer definition would include importers. The proposed standard would define manufacturer as any entity that produces or reupholsters upholstered furniture or manufactures upholstered furniture materials subject to the proposed standard. For purposes of the proposed standard, an importer of upholstered furniture is also a manufacturer.
Two approaches to meet standard. Upholstered furniture would be able to meet the proposed standard by having either (1) upholstery cover material that complies with the prescribed smoldering ignition resistance test (referred to as Type I furniture); or (2) an interior fire barrier that complies with specified smoldering and small open flame ignition resistance tests (Type II furniture). (No requirements are prescribed for filling materials.)
Performance tests. The performance tests prescribed in the proposed standard (i.e. upholstery cover fabric smoldering ignition resistance, interior fire barrier material smoldering ignition resistance, and interior fire barrier material open flame ignition resistance) would be required to be conducted with the tested material installed in mockups that simulate the intersection of the seating area of an item of upholstered furniture. (See proposed rule for complete descriptions of each test.)
Manufacturer, importer certification. Manufacturers (including importers) of upholstered furniture would be required to certify that the article of upholstered furniture complies with the proposed standard, based on criteria such as: (i) records of reasonable and representative tests demonstrating compliance with all applicable requirements of the standard, etc.; or (ii) possession of guaranties meeting the requirements of new 16 CFR 1634.9 for each cover or barrier material required for the type of furniture, etc. and maintaining that the manufacturer has not, by further processing, negatively affected the fire performance of any such cover or barrier material.
Labeling requirements. Upholstered furniture subject to the proposed standard would be required to be labeled with information identifying the manufacturer (and importer, if any), including street address, city, and state; the date of manufacture; the item and type (I or II) of furniture; and a statement certifying that the article complies with applicable requirements of the standard.
Record keeping requirements. Manufacturers (and importers) would be required to maintain records demonstrating compliance with the applicable portions of the proposed standard, including test results and details of each test performed by or for that manufacturer during production of the subject furniture and for a period of at least three years after production of the subject furniture ceases.
Cessation of production/distribution. If the manufacturer (or importer) becomes aware of any information that indicates that any article of upholstered furniture manufactured by that manufacturer fails to comply with the new standard, the manufacturer would be required to cease production and distribution of such furniture until corrective action has been taken.
(See ITT's Online Archives or 10/29/03 news, 03102999 3, for BP summary of CPSC's 2003 Advanced Notice of Proposed Rulemaking (ANPR) on a new flammability standard for upholstered furniture, etc.)
CPSC contact - Dale Ray (301) 504-7704
CPSC proposed rule (FR Pub 03/04/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/08-768.pdf
BP Note
The CPSC is not consistent in the preamble and the proposed regulations in indicating if a proposed requirement would affect the manufacturer and importer, or the manufacturer orimporter.