HB5407 102ND GENERAL ASSEMBLY

LRB102 22640 CPF 35439 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5407

Introduced 1/31/2022, by Rep. Michael Kelly

SYNOPSIS AS INTRODUCED:

425 ILCS 45/1002	from Ch. 127 1/2, par. 951-2
425 ILCS 45/1003	from Ch. 127 1/2, par. 951-3
425 ILCS 45/1004	from Ch. 127 1/2, par. 951-4
425 ILCS 45/1006	from Ch. 127 1/2, par. 951-6
425 ILCS 45/1007	from Ch. 127 1/2, par. 951-7
425 ILCS 45/1008	from Ch. 127 1/2, par. 951-8
425 ILCS 45/1005 rep.

Amends the Furniture Fire Safety Act. Replaces references to seating furniture with references to furnishing. Makes changes to provisions regarding definitions. Repeals provisions regarding appointing members to an Advisory Board under the Act. Makes other changes.

A BILL FOR

AN ACT concerning 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 1002, 1003, 1004, 1006, 1007, and 1008 as follows:

(425 ILCS 45/1002) (from Ch. 127 1/2, par. 951-2)

Sec. 1002. As used in this Act:

(a) "Sell" or any of its variants means and includes any of or any combination of the following: to sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, or possess with an intent to sell or dispose of in any other commercial manner.

(b) "Furnishing" "Seating furniture" means any furniture, including children's furniture, movable or stationery, which (1) is made of or with cushions or pillows, loose or attached, (2) is itself stuffed or filled in whole or in part with any filling material, (3) is or can be stuffed or filled in whole or in part with any substance or material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming a part thereof, together with the structural units, the filling material and its container and covering which can be used as a support for the body of a human being, or the limbs and feet when sitting or resting in an upright or reclining position, including, but not limited to, a covered or uncovered pad or topper placed on top of a furnishing or bed as extra padding or support, but not including a mattress.

(c) "Filling material" means cotton, wool, kapok, feathers, down, hair, liquid, or any other material or substance, natural or man-made, or any other prefabricated form, concealed or not concealed, to be used or that could be used in furnishings articles of seating furniture.

(d) "Manufacturer" means a person who, either by himself or through employees or agents, makes any furnishing article of seating furniture in whole or in part.

(e) "Public occupancies" means:

(1) Penal institutions such as jails Jails, prisons, correctional centers, and transitional centers penal institutions;

(2) Hospitals, mental health facilities, and similar health care facilities;

(3) Nursing care and rehabilitation centers convalescent homes;

(4) Child day care centers;

(5) Public auditoriums, theaters, arenas, gymnasiums, and stadiums; and

(6) Public assembly areas of hotels and motels containing more than 10 furnishings; and articles of seating furniture.

(7) Public assembly areas of assisted living facilities containing more than 10 furnishings.

(f) "NFPA" means the National Fire Protection Association.

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

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

Sec. 1003. (a) Furnishings Articles of seating furniture, other than juvenile furnishings and furnishings 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 has a is smooth surface 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, indoor or outdoor multilevel play structures, gymnasium mats or pads, gymnastics equipment sidehorses, and similar articles.

(b) Public occupancies and public assembly areas as defined in subsection (e) of Section 1002 that are fully protected by sprinkler systems in accordance with either National Fire Protection Association (NFPA) Standard 13: Standard for the Installation of Sprinkler Systems, as amended, or Uniform Building Code Standard 38-1 are exempt from the provisions of this Code, but must comply with rules adopted under this Act test requirements as set forth in the State of California, Bureau of Home Furnishings 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 Office of the State Fire Marshal has the duty to administer and enforce this Act in accordance with the laws of this State.

(b) The Office of 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 Bulletin 133, as amended, State of California Bureau of Home Furnishings and Thermal Insulation. The Office of 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) (Blank). 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 furnishings seating furniture manufactured on or after September 1, 1989 that are the effective date of this Act which is sold or intended for use in public occupancies in this State regardless of their its point of origin. After September 1, 1989 the effective date of this Act, this Act prohibits the sale for use in a public occupancy of any furnishing that seating furniture which fails to conform to the applicable flammability standard or labeling requirement set forth in this Act or rules adopted under this Act.

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

(425 ILCS 45/1007) (from Ch. 127 1/2, par. 951-7)

Sec. 1007. All applicable flammability requirements of this Act or the rules promulgated hereunder are to be considered performance standards. Testing under these standards shall be at the discretion of the manufacturer; however, products and materials offered for sale in this State shall meet applicable flammability requirements established pursuant to this Act or rules adopted under this Act. The Office of the State Fire Marshal may inspect or audit any such testing of furnishings seating furniture as is deemed necessary under this Act.

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

(425 ILCS 45/1008) (from Ch. 127 1/2, par. 951-8)

Sec. 1008. The Office of the State Fire Marshal has the authority to institute a civil action or proceeding to enjoin the use in the State of any furnishing that seating furniture which has not met the tests or , criteria , or rules and regulations of this Act or rules adopted under this Act and that is sold or intended for use in public occupancies.

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

(425 ILCS 45/1005 rep.)

Section 10. The Furniture Fire Safety Act is amended by repealing Section 1005.