Title. | |
Definitions. | |
Prohibiting the Sale of Upholstered Furniture and Juvenile Products Containing Flame Retardant Chemicals. | |
Implementation and Enforcement. | |
Undertaking for the General Welfare. | |
No Conflict with Federal or State Law. | |
Severability. |
This Chapter 28 may be known as the “Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance.”
(Added by Ord. 211-17, File No. 170867, App. 11/3/2017, Eff. 12/3/2017)
For the purposes of this Chapter 28, the following terms have the following meanings:
“Covered Product” means Upholstered Furniture, Reupholstered Furniture, or Juvenile Products, any component of which has been made with or contains a Flame Retardant Chemical at a level above 1,000 parts per million. Covered Products do not include (1) used or second-hand furniture that is not Reupholstered Furniture, or (2) used or second-hand Juvenile Products.
“Director” means the Director of the Department of the Environment.
“Establishment” means any store, stand, booth, concession, or any other business enterprise that engages in the Sale of Covered Products in San Francisco, and/or in the business of reupholstering residential furniture in San Francisco.
“Flame Retardant Chemical” means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame Retardant Chemicals include, but are not limited to, halogenated, phosphorous based, nitrogen based, and nanoscale flame retardants; flame retardant chemicals listed as “designated chemicals” pursuant to Section 105440 of the California Health and Safety Code, as amended; and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet (“SDS”) pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations, as amended.
“Juvenile Product” means a new, not previously owned product subject to the Home Furnishings and Thermal Insulation Act (Cal. Business and Professions Code Sec. 19000 et seq.) and designed for residential use by infants and children under 12 years of age, including but not limited to a bassinet, booster seat, changing pad, floor play mat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat. Juvenile Products do not include:
(a) products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles;
(b) products subject to Title 49, Part 571 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft;
(c) products required to meet federal flammability standards in Title 16, Parts 1632 or 1633 of the Code of Federal Regulations regarding mattress products; and
(d) products required to meet State flammability standards in California Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”
“Reupholstered Furniture” means furniture whose original fabric, padding, decking, barrier material, foam, and/or other resilient filling has been replaced by an Establishment, that has not been Sold since the time of such replacement, and that is required to meet the flammability standards set forth in California Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Reupholstered Furniture shall not include products required to meet California Technical Bulletin 133.
“Sale,” or any of its variants, means any of the following, or combination thereof, undertaken by an Establishment: sell, offer for sale, transfer possession for compensation, trade, rent, lease, or otherwise give or distribute, and/or an intent to conduct any of these activities.
“Upholstered Furniture” means new, not previously owned seating made with soft materials, including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling, that is required to meet the flammability standards set forth in California Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Upholstered Furniture shall not include products required to meet California Technical Bulletin 133.
(Added by Ord. 211-17, File No. 170867, App. 11/3/2017, Eff. 12/3/2017)
(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)
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