An Interview with John McCormack and the staff of the California Bureau of Home Furnishings and Thermal Insulation, and Margaret Neily of the CPSC

The California Bureau of Home Furnishings and Thermal Insulation staff responded to questions from Tim Jacobs on the status and outlook of flammability regulations.

Discussion With John McCormack, Technical Coordinator, Research and Development, and the Staff of the California Bureau of Home Furnishings and Thermal Insulation

TJ: A while ago, BHFTI changed the way companies within the purview of TB 117 were asked to test their cotton and their polyester mattress components. Do you anticipate any increase in passes or failures in testing as a result of this change?

BHFTI: The pass-fail rate for the Technical Bulletin 117 test has not been significantly affected by this testing change, but it has made the testing process somewhat easier to perform and interpret.

We made this minor change in the test procedure for open-flame resistance of battings and pads made from natural fiber, such as cotton. The change in TB 117 does not apply to synthetic battings and pads.

The change is seen in the March 2000 version of TB 117, Section B, part 1. It involves a small open-flame test on a vertical specimen 3 inches by 12 inches in the thickness of use. The "afterglow" failure criterion was dropped, but the criteria of "char length" and "afterflame" were maintained. "Afterglow," which is the result of minute trash particles, was dropped because it was not a reasonable predictor of how natural fiber battings burn.

Traditionally constructed futons containing a ticking encasing blended cotton battings adequately treated with boric acid fire retardant generally comply with TB 117’s open-flame and smoldering requirements.

It’s also helpful to note that Technical Bulletin 117 applies to upholstered furniture. So it applies only to dual-purpose futons designed to serve both as furniture and bedding, and does not affect single-purpose futon bed mattresses.

TJ: California has ratified the use of a very rigorous open-flame standard (AB 603) for consumer goods. For some time, BHFTI has been working on an update of TB 117, to develop, as your recent bulletin stated, "…an updated, robust standard that reflects advances in science and product technology." Will a beefed-up TB 117 be used as a "bridge" standard between what we have now, and what we will have with AB 603?

BHFTI: The futon industry has a somewhat unique perspective on this, because it manufactures a product that is both upholstered furniture and a bed. The industry has a proven capability to meet both upholstered furniture and bedding standards with the same product.

The recently enacted Assembly Bill 603 legislation mandates California have in place by Jan 1, 2004, an open-flame standard for mattress-box spring sets. Unrelated to AB 603 is California’s ongoing work to significantly update TB 117, a flammability standard that applies to upholstered furniture. One standard cannot be a "bridge" to the other because they concern different products, bedding in the one case and upholstered furniture in the other. A key similarity between them is that we want both standards to be robust, both to be effective and both to reflect advances in science, fire testing and product technology.

TJ: Will AB 603 supersede TB 117 completely, or are the changes you are making in 117 create a supplement to AB 603?

BHFTI: Standards developed under AB 603 will neither supersede nor supplement TB 117, as the former applies to bedding and the latter to upholstered furniture. Both standards would exist side by side, and both would apply to dual-purpose futons.

TJ: Has there been any kind of working relationship between the testing unit at the US CPSC and your office, especially regarding changes in national and state-level flammability law, or has there been an informal exchange of information?

BHFTI: There has always been a good working relationship and spirit of cooperation between the California Department of Consumer Affairs’ Bureau of Home Furnishings and Thermal Insulation and the federal Consumer Product Safety Commission. Since the mid-1970s, the Bureau and CPSC have jointly enforced 16 CFR 1632 (Technical Bulletin 106), the federal cigarette smoldering standard for mattresses, futons and mattress pads. The Bureau enforces this standard in California and the CPSC does so in other states.

As flammability standards are updated and developed, there is ongoing communication and exchange of technical information. The Bureau of Home Furnishings and Thermal Insulation’s primary mission is serving California consumers by enforcing appropriate flammability standards for mattresses and upholstered furniture. However, the Bureau believes effective, comprehensive national standards can be a win-win proposition in that consumer protection is strengthened and there is economic value for the industry in only having to maintain one inventory of construction materials and products.

TJ: AB 603 will come into practical usage in January, 2004. If the US CPSC comes up with a new, rigorous national standard that is not substantially similar to CA AB 603, would futon manufacturers be required by the state of California to pass both rigorous standards?

BHFTI: The recently enacted Assembly Bill 603 legislation mandates California have in place by Jan 1, 2004, an open-flame standard for residential mattress-box spring sets. At the same time, the legislation also anticipates the probable development of a national open-flame standard for residential mattresses. In that case, the national standard would apply in California and futon manufacturers would design to this single national standard. This negates the scenario of manufacturers having to meet two concurrent open-flame standards.

The fundamental goal is to ensure that California consumers benefit from the enhanced protection of an open-flame standard, either a California’s standard or a national standard.
Currently there is no open-flame standard for residential mattresses, in California or anywhere in the United States. However, the U.S. National Institute of Standards and Technology, or NIST, is researching a possible residential standard. The federal Consumer Product Safety Commission, or CPSC, has recently issued an Advanced Notice of Proposed Rulemaking that could lead to adoption of a standard based on the NIST research.

California will monitor the development of the national standard, as well as others, for possible implementation as the California standard. A single, consumer-oriented national open-flame standard for mattress-box spring sets makes sense, both from a fire-safety and economic standpoint.

TJ: AB 603 stipulates that BHFTI look into creating a standard for bedding materials — comforters, pillows and so on. Is your department already looking at this sort of thing, or are we in a "wait and see" mode?

BHFTI: Rather than "wait and see," we’re more in a "let’s do the science" mode. The Bureau of Home Furnishings and Thermal Insulation will apply its more than 30 years of experience and leadership in flammability testing and standards development to this product area.

AB 603 calls for the bureau to conduct flammability testing on filled, top-of-the-bed products such as comforters and pillows. We will evaluate how these products contribute to fires and we’ll assess the need for a safety standard.

Our flammability testing and standards development experience gives us important background for this work. For example, current research for TB 117 on the open-flame resistance of synthetic fibers used in upholstered furniture may prove directly valuable.

TJ: Any other comments or conclusions you’d like to share?

BHFTI: We’re looking forward to continuing our productive working relationship with the futon industry. Working together to ensure products are safe not only protects consumers, but it can certainly contribute to a reputation for product quality and value.

TJ: Thank you!

Discussion With Margaret Neily,
Project Manager, Engineering Sciences
US Consumer Products Safety Commission

TJ: Technically, what do you strive for in developing a new standard, and what is the most important aspect of that?

MN: First, I should say that any opinions I express are my own and do not necessarily represent the views of the Commission. Since I prepared the answers in my capacity as a government official, they are in the public domain and may be freely copied or reprinted.

An appropriate performance standard or test method must effectively address the hazard as it exists in real-life fire scenarios, accounting for typical residential mattress constructions, mattress foundations, and bedclothes. The ignition source and point of ignition must be representative of those seen in typical residential fires involving mattresses. The performance test and its acceptance criteria must provide a reliable measure of the danger posed in a typical mattress fire scenario. The mattress needs to be considered as a composite product, consisting of a variety of materials. A suitable test method must be, among other things, reasonable, appropriate, technologically practicable, and cost effective to meet the requirements of the Flammable Fabrics Act and other laws.

TJ: We understand that the development of a new national standard is necessarily a thorough, painstaking process, and that the CPSC has viewed the industry’s pro-active stance in this favorably. There has also been input by NIST and the State Fire Marshals. Given all this input, plus the results of your own procedures, how do you "boil it down" to a usable set of data?

MN: The CPSC staff used fire incident data to define the magnitude and the nature of the fire hazard associated with mattresses and bedding. National estimates of the number of fires, deaths, injuries, and property damage were made from the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS) and the National Fire Protection Association’s (NFPA) annual survey of fire departments. CPSC field staff also conducted detailed investigations of incidents identified by a variety of sources. Both the CPSC and the National Association of State Fire Marshals/Sleep Products Safety Council field investigation studies helped to characterize the hazards involving mattress/bedding fires.

In 1998, there were 18,100 fires, 390 deaths, 2,160 injuries, and $208.3 million in property damage when mattresses/bedding were the first to ignite. Children under the age of 15 are most often affected by open flame ignitions of mattresses/bedding. Candles, matches, and cigarette lighter fires are the most common ignition sources. (Victims older than 15 years are typically involved in mattress/bedding fires ignited by smoking materials.) In the typical scenario of children playing with matches, lighters and candles, the bedding items are usually ignited first, becoming a relatively large ignition source for the mattress. When deaths occur outside the room of fire origin, which happens often, this implies that a serious flashover fire occurred.

Laboratory research sponsored by the industry at the National Institute of Standards and Technology (NIST) has characterized and measured the role of burning bedding and mattress performance in the risk of death and injury in these fires. Full-scale tests of current and less flammable mattress designs and materials suggest that the intensity of mattress/bedding fires could be successfully reduced to prevent flashover. Further tests will help establish the level of mattress performance (peak rate of heat release) that could prevent flashover fires and the associated deaths and injuries.

A mattress standard that uses a relatively large ignition source (representing typical burning bedding), limits fire intensity, and prevents flashover could potentially address a substantial portion of the deaths and injuries from the open flame ignition of mattresses and bedding. This means that, for victims of all ages, as many as 300 deaths and 1,460 injuries each year could be addressed. This includes 60 deaths and 130 injuries to children younger than 5 years old.

TJ: What comes first—the data or the test method? Walk us through a typical scenario in which you identify a product that needs regulating, and how you arrive at the criteria that go into a standard.

MN: From the last question, you can see that fire incident data and meaningful performance tests are critical components of an effective solution to fire deaths and injuries involving consumer products. For mattresses and bedding, the incident data tell us information about typical scenarios. The technical research (observing and measuring product performance that contributes to the hazard) suggests test methods that could be used to reduce the hazard. Looking back at the incident data, we can make estimates of the effectiveness of various performance criteria in impacting fire losses. In the case of mattress/bedding fires, establishing criteria (peak rate of heat release) that do not allow ignitions to proceed to flashover appears to be a reasonable approach with the potential to significantly reduce deaths and injuries. Further tests to establish the potential effectiveness of certain criteria, refinements of the test method(s), and evaluations of mattress designs and materials with improved performance will help to determine appropriate acceptance criteria.

TJ: Any late-breaking news in re-developing the new national standard? Other comments you’d like to make?

MN: On October 11, 2001, the Commission published an Advance Notice of Proposed Rulemaking in the Federal Register, the first step in setting a federal standard for the open flame ignition of mattresses. (See www.cpsc.gov/businfo/frnotices/fr02/openflam.pdf) Comments from the public were due by December 10, 2001. These comments will be considered as work continues to prepare a proposed standard for the open flame ignition of mattresses.

Our work with the industry, supported by NIST, is a good example of how industry and government can work together effectively. The Sleep Products Safety Council has consulted with the CPSC staff throughout the NIST research activities, resulting in useful and necessary technical information. The industry’s commitment of resources is a significant contribution to the goal of reducing residential fire deaths in the United States.

TJ: Thank you.

Tim Jacobs is the former Administrative Director of FAI, and has been covering industry regulatory issues for the past ten years.

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