HB1610eng 95TH GENERAL ASSEMBLY

HB1610 Engrossed LRB095 04218 LCT 24259 b

AN ACT concerning public safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Furniture Fire Safety Act is amended by changing Sections 1003, 1004, and 1006 as follows:

(425 ILCS 45/1003) (from Ch. 127 1/2, par. 951-3)

Sec. 1003. (a) Articles of seating furniture, other than juvenile furniture and furniture used for and in facilities designed for the care or treatment of humans, which meet any of the following criteria are exempt from compliance with the provisions of this Act:

(1) Cushions and pads intended solely for outdoor use.

(2) Any article which is smooth surfaced and contains no more than one-half inch of filling material, if such article does not have a horizontal surface meeting a vertical surface.

(3) Articles manufactured solely for recreational use or physical fitness purposes, such as weightlifting benches, gymnasium mats or pads, sidehorses, and similar articles.

(b) Public occupancies and public assembly areas as defined in subsection (e) of Section 1002 must comply with the flammability testing and labeling procedures for seating furniture for use in public occupancies as published in Technical Bulletin 133, as amended, State of California Bureau of Home Furnishings and Thermal Insulation. Those public occupancies that are fully protected by sprinkler systems in accordance with either National Fire Protection Association (NFPA) Standard 13, as amended, or Uniform Building Code Standard 38-1 are exempt from the provisions of this Code, but must comply with test requirements as set forth in the State of California, Bureau of Home Furnishings and Thermal Insulation Technical Bulletin Number 117, as amended, and Technical Bulletin Number 116, as amended, entitled respectively "Requirements, Test Procedures and Apparatus for Test Procedures and Apparatus for Testing the Flame Retardance of Filling Materials Used in Upholstered Furniture" and "Test Procedures and Apparatus for Testing the Flame Retardance of Upholstered Furniture".

(c) Effective July 1, 2008, all seating furniture, except as otherwise provided for in subsection (b) of this Section, sold in this State must comply with test requirements as set forth in the State of California, Bureau of Home Furnishings and Thermal Insulation Technical Bulletin Number 117, as amended, and Technical Bulletin Number 116, as amended, entitled respectively "Requirements, Test Procedures and Apparatus for Test Procedures and Apparatus for Testing the Flame Retardance of Filling Materials Used in Upholstered Furniture" and "Test Procedures and Apparatus for Testing the Flame Retardance of Upholstered Furniture".

(Source: P.A. 86-631; 87-129.)

(425 ILCS 45/1004) (from Ch. 127 1/2, par. 951-4)

Sec. 1004. (a) The State Fire Marshal has the duty to administer and enforce this Act in accordance with the laws of this State.

(b) The State Fire Marshal shall adopt rules and regulations necessary for the administration and enforcement of this Act within 6 months after the effective date of this Act. The rules and regulations shall be in conformity with the flammability testing and labeling procedures for seating furniture for use in public occupancies as published in Technical Bulletins 116, 117, and Bulletin 133, as amended, State of California Bureau of Home Furnishings and Thermal Insulation. The State Fire Marshal shall periodically add, delete, revise and update such rules and regulations as may from time to time be required to conform with the requirements of Technical Bulletin 133.

(c) All rules and regulations adopted by the State Fire Marshal shall become effective not earlier than 90 days from adoption.

(Source: P.A. 86-631; 87-129.)

(425 ILCS 45/1006) (from Ch. 127 1/2, par. 951-6)

Sec. 1006. This Act applies to all seating furniture manufactured on or after the effective date of this Act or the effective date of any amendment hereto, which is sold or intended for use in public occupancies in this State regardless of its point of origin. After the effective date of this Act, or the effective date of any amendment hereto, this Act prohibits the sale for use in a public occupancy of any seating furniture which fails to conform to the applicable flammability standard or labeling requirement set forth in this Act.

(Source: P.A. 86-631.)