State of California Department of Consumer Affairs Green Science Policy Workshop for Manufacturers and Retailers The Basics on the New Standard TB117-2013 and Other Bureau Efforts
Overview of the TB 117-2013 Standard Barrier Research Study Update Other Bureau Activities in 2015 Implementation of SB 1019 (Leno, 2014) 2
Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation California Technical Bulletin 117-2013 Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Upholstered Furniture June 2013 3
Technical Bulletin 117-2013 Purpose: To produce upholstered furniture which is safer from the hazards associated with smoldering ignition. Background: Based on ASTM E1353-08a e1 Standard Test Methods for Cigarette Ignition of Components of Upholstered Furniture. 4
Technical Bulletin 117-2013 Section 1 Cover Fabric Test Smolder Resistance Test of Upholstery Cover Fabric Section 2 Barrier Materials Test Smolder-Resistance Test of Barrier Materials Section 3 Filling Component Test Smolder-Resistance Test of Resilient Filling Material Section 4 Decking Material Test Smolder-Resistance Test of Decking Materials 5
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Section 4 Decking Material Tester 7
Standard Test Cigarettes 8
Test Enclosure (Recommended) 9
Exempted Products Criteria for Exemption: (a) Cushions and pads intended solely for outdoor use. (b) Any article which is smooth-surfaced and contains no more than one-half (1/2) inch of filling material, provided that such article does not have a horizontal surface meeting a vertical surface. (c) Juvenile products exempted: 10
Technical Bulletin 117-2013 Juvenile Products Exempted Booster seats Car seats Changing pads Floor play mats Highchairs Highchair pads Infant bouncers Infant carriers Infant seats Infant swings Infant walkers Nursing pads Nursing pillows Playpen side pads Playards Portable hook-on chairs Strollers 11
Labeling Flammability label for furniture meeting TB 117-2013: NOTICE THIS ARTICLE MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS AND THERMAL INSULATION TECHNICAL BULLETIN 117-2013. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. 12
Labeling Flammability label for furniture meeting TB 116 and TB 117-2013: NOTICE THIS ARTICLE MEETS ALL FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS AND THERMAL INSULATION TECHNICAL BULLETINS 116 AND 117-2013. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. 13
Labeling Previous Flammability Label for Furniture Exempted from California TB 117 As of January 01,2014 the exempt flammability label is no longer required. THIS ARTICLE DOES NOT MEET CALIFORNIA BUREAU OF HOME FURNISHINGS FLAMMABILITY REQUIREMENTS TECHNICAL BULLETIN 117. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. 14
ADOPTION AND IMPLEMENTATION DATES Adoption: January 1, 2014 Mandatory: January 1, 2015 As of January 1, 2014, manufacturers could begin manufacturing to the new standard. They had one year to complete the transition and must come into full mandatory compliance on January 1, 2015. There is no sell-through provision for retailers. Retailers must purchase furniture under the new standard on or after January 1, 2015. 15
Flame Retardant Chemical Issues: The Bureau does not regulate the use of flame retardant chemicals. The Bureau s flammability standards are performance standards and do not prescribe the use of any specific chemical, material, or manufacturing methods to meet the standard. Manufacturers are no longer compelled to make their products open-flame resistant and they must only meet the cigarette smoldering resistance tests. 16
Frequently Asked Questions Our Bureau has compiled a detailed list of frequently asked questions and answers that are available on our website at: www.bearhfti.ca.gov The 63 questions and answers include: Adoption and Implementation General Compliance TB117-2013 in Other States Testing Requirements Testing, Record Keeping, and Certification Labeling FR Treatments and FR Chemicals TB117-2013 vs. TB116 17
Barrier Research Study Update TB 117-2013 Follow Up Work Plan Update Phase 1 Phase 2 Phase 3 5 18
Other Bureau Activities in 2015 Advisory Council Meeting, March 3, 2015 Other Regulatory Efforts Retailer Advertising Regulations Thermal Insulation Update July 1, 2015 Legislative Report SB 1019 Public Workshop, March 3, 2015 19
Senate Bill 1019 Upholstered Furniture; Flame Retardant Chemicals Senate Bill (SB)1019 was signed by the Governor and chaptered on September 30, 2014. The new law specifically applies to covered products which means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture. 20
Senate Bill 1019 Continued According to section (b) (1) of B&P Code Section 19094, a manufacturer of covered products must indicate whether or not the product contains added flame retardant chemicals by including the following flame retardant chemical statement on the label (described in Section 1374.3 of Title 4 of the California Code of Regulations) and by placing an X in one of the appropriate blanks. The new labeling verbiage is as follows: The upholstery materials in this product: contain added flame retardant chemicals contain NO added flame retardant chemicals The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame retardant chemicals. The State has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development..21
Senate Bill 1019 Continued According to section (b) (2) of B&P Code Section 19094, the above statement need not be in all capital letters, and shall follow the statement required by Section 1374.3 of Title 4 of the California Code of Regulations. The following flammability labels are examples of the proper verbiage and are provided for clarification. 22
Senate Bill 1019 Continued (a) This label to be attached to every article of upholstered furniture complying ONLY with flammability requirements of Technical Bulletin 117-2013. (b) This label to be attached to every article of upholstered furniture complying with both Technical Bulletin 116 and Technical Bulletin 117-2013. NOTICE THIS ARTICLE MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS AND THERMAL INSULATION TECHNICAL BULLETIN 117-2013. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. NOTICE THIS ARTICLE MEETS ALL FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS AND THERMAL INSULATION TECHNICAL BULLETINS 116 AND 117-2013. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. The upholstery materials in this product: contain added flame retardant chemicals contain NO added flame retardant chemicals The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame retardant chemicals. The State has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development. The upholstery materials in this product: contain added flame retardant chemicals contain NO added flame retardant chemicals The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame retardant chemicals. The State has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development. 23
Senate Bill 1019 Continued NOW AVAILABLE ON BEARHFTI WEBSITE at www.bearhfti.ca.gov: State of California Department of Consumer Affairs Senate Bill (SB) 1019 Upholstered Furniture; Flame Retardant Chemicals FREQUENTLY ASKED QUESTIONS (FAQs) 24
BEARHFTI Chief s Contact Information: Justin Paddock, Acting Chief Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation 4244 South Market Court, Suite D Sacramento, California 95834 Main Line: (916) 999-2041 Direct Line: (916) 999-2080 FAX : (916) 921-7279 E-mail: justin.paddock@dca.ca.gov Website: www.bearhfti.ca.gov 25