(a) Restrictions.
(1) Except as provided in subsection (a)(2), beginning January 1, 2019, no Establishment may Sell a Covered Product. In addition, except as provided in subsection (a)(2), beginning January 1, 2019, no Establishment may reupholster Upholstered Furniture or Reupholstered Furniture using soft material, including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling that contains or is made with a Flame Retardant Chemical at a level above 1,000 parts per million.
(2) The prohibitions set forth in subsection (a)(1) shall apply to Covered Products with electrical or electronic components beginning July 1, 2019.
(b) Compliance. Compliance with Section 2803(a) with respect to each Covered Product shall be determined in accordance with the following. For Upholstered Furniture and Reupholstered Furniture, Establishments shall ensure that every item they Sell is affixed with a label that (1) meets the requirements of Senate Bill 1019, and (2) states that the item does not contain Flame Retardant Chemical(s). For each Juvenile Product, an Establishment may demonstrate compliance by retaining on file and making available for inspection upon request a written statement from the product supplier attesting that the Juvenile Product does not contain a Flame Retardant Chemical. The Director of the Department of the Environment shall, in his or her lawful discretion, have authority to set forth in regulations additional methods by which Establishments may demonstrate compliance with this Chapter 28.
(c) Petitions. Notwithstanding subsections (a) and (b), beginning on July 1, 2018, an Establishment or other person may, in writing, petition the Director of the Department of the Environment for a waiver from strict compliance with this Chapter for an Establishment or a Covered Product, where the petitioner can demonstrate that strict compliance shall cause severe hardship or practical difficulty, or would not be feasible. Any waiver shall be crafted as narrowly as possible, to maximize compliance as required by this Chapter 28, and shall be in writing. A petition that does not receive a response from the Department within 60 days from when it was received by the Department shall be deemed granted. By no later than June 30, 2018, the Department of the Environment shall issue rules or regulations establishing a process for the Department’s review of petitions and describing factors that the Department will consider in evaluating petitions.
(d) Five years from this Chapter 28’s effective date, the Director of the Department of the Environment shall evaluate the efficacy of this Chapter in reducing San Franciscans’ exposure to flame retardant chemicals, and shall submit a written report based on the evaluation to the Mayor and the Board of Supervisors, with recommendations, if any, for changes in City laws or programs to achieve greater reduction in San Franciscans’ exposure to flame retardant chemicals.
(Added by Ord. 211-17, File No. 170867, App. 11/3/2017, Eff. 12/3/2017)