Flammability Updates & News

Getting Closer—Federal and California Laws Are Looming Large

The US Consumer Products Safety Commission Takes Another Step In Its Rulemaking Process

A July 16, 2004 US CPSC press release tells us that, “US Consumer Product Safety Commission Chairman Hal Stratton recently told the Senate Commerce Committee that the agency staff will have new draft proposed flammability standards for mattresses and upholstered furniture ready for Commission consideration this fall. ‘Reducing fire deaths is one of our top priorities,’ Stratton said. ‘I want the standards for upholstered furniture and mattress flammability to move forward as quickly as legally possible.’ ”

Although it has been said in some quarters that this will be an “Advance” Notice of Proposed Rulemaking, what we are now embarking on—according to the CPSC’s Information Officer Ken Giles—is the stage after the “Advance” Notice—in other words, the Notice of Proposed Rulemaking. (As you may recall, this column announced the Advance Notice way back in 2001, when that Advance Notice was presented.)

What this means is that the process is moving along. It has been a slow process—but be forewarned that it is, to some degree, speeding up. All that time was spent in research by the CPSC, the California BHFTI (the two standards have things in common, as we shall see), ISPA, NIST and others. Now, the bulk of the research has been done—yet there are still a few questions.

At this point, the CPSC staff will present a memo, containing a draft of the proposed standard to the CPSC Commissioners, who will vote on their approval or disapproval of the draft standard. If the commissioners approve of the draft standard, a Notice of Proposed Rulemaking will be published in the Federal Register for commentary by all interested parties—which, of course, includes the industry. The CPSC staff will consider the commentary, and will then prepare another memo for the Commissioners, who will then vote on whether this will be the final draft of the regulation.

The time frame here is somewhat nebulous—we only know these words “the Fall of 2004.” Therefore, you should stay tuned to the US CPSC web site at www.cpsc.gov. The CPSC also has email subscription lists—for more on this, go to www.cpsc.gov/cpsclist.asp. Or call the CPSC’s Ken Giles at 301-504-7052 for more information.

Seen optimistically, this is yet more evidence that we as an industry have opportunity to affect our regulatory future. Once again, we have an opening through which to offer informed opinions to regulatory agencies. There is a rather large issue that still needs to be cleared up—and definitely needs your input when the time comes. Please see below.

Should CPSC Proposed Standard Be a 30-minute or 60-minute Test — That is the Question

The chief issue here is a case of legislative maximization, as dictated by the American Home Fire Safety Act (S. 1798/H.R. 4233), which we discussed in a previous column. This bill requires the use of an early draft of California’s TB 603. TB 603 has since been modified to require a 200kW peak heat-release rate during a 30-minute period—in contrast to the earlier version, which mandated a 150kW peak heat-release rate during a 60-minute test.

Obviously, this earlier, 60-minute version seems better—from the point of view of proving to the public that they are being protected. However—it may well be simply overdoing it.

Industry arguments—led by ISPA—hold that the 60-minute figure would require fireproofing materials that would not only raise the cost to manufacturers many times over materials required by the 30-minute test, but would also result in a much less consumer-friendly sleep surface. Discomfort and increased costs of manufacture would be passed on to the consumer. Especially, it would be a double burden to the poor—who statistically are most in jeopardy from bedding fires, and, while tending to buy the lowest-level of sleep surface (hence the least comfortable of mattresses that would already be rendered less comfortable than they are now) would also be paying much more for their sleeping surface than at present.

In contrast, the TB 603 standard that has passed into law in California, with its 30-minute test and 200 kW peak heat-release, would not only effectively eliminate room flash-over (NIST data shows that flashover can be reduced dramatically if the peak heat release can be kept below 500kW), but would allow manufacturers to use fire-safe materials that are more comfortable and less cost-intensive—advantages that would be passed on to the consumer, who would still be buying a very fire-safe mattress.

This is yet another reason to keep your eyes and ears open—when the Notice of Proposed Rulemaking is announced, we, as an industry, must respond with informed commentary.

Clarification on the Purview of TB 603

John McCormack, Manager of Research and Development for the California Bureau of Home Furnishings and Thermal Insulation, sent me the following information in an e-mail, which I now pass on to you. Mr. McCormack wishes to make the range of products covered by TB 603 itself absolutely clear (yes, I admit I wrote a confusing sentence in my last column), and offers the following clarification on the actual purview of California Technical Bulletin 603: “TB 603 actually applies only to mattresses, mattress sets and futons, not to upholstered furniture or to mattress pads. Our general law applies to all articles of furniture and bedding containing filling. Upholstered furniture will continue to need to meet Tech Bulletin 117 (dated March, 2000) and when enacted, mattress pads and other filled bedding items such as comforters and pillows, will be required to meet an open flame standard to be known as Tech Bulletin 604.”

To this I add the following, from the California Bureau of Home Furnishings and Thermal Insulation website (www.bhfti.ca.gov); under the link “TB 603,” and the heading “Industry Advisory”: “Products that must comply with TB 603: Mattress sets (including all-foam types); adjustable mattresses; crib and bassinet mattresses; day beds; mattress alone (designed to be sold without the foundation); futons, including flip chairs; hybrid flotation and hybrid airbed ensembles; rollaway and hide-a-beds; sofa sleeper mattresses, only if detachable; Murphy wall beds with detachable mattress; trundle beds with detachable mattress; and remanufactured, ‘renovated’ (or recovered) mattresses. Products that are exempted from TB 603: camping pads/mats for outdoor use; traditional airbeds and bladder water beds without quilting; infant car beds/pads; and sofa sleepers where the mattress is not detachable.”

TB 603—Coming In January: Law Label, Enforcement, and More

Under the same link, “TB 603,” the Bureau provides a sample of the law label that will be required. BHFTI warns that, “Only complete, finished products that are certified by the manufacturer to meet the standard can be described as ‘Meeting TB 603’ or ‘meets California’s new mattress fire-safety standard,’ etc. Various component materials contribute to the finished product’s ability to pass the TB 603 test. However, claims that any component material, fabric, barrier, sewing thread, tape edge or filling material, etc., is itself ‘TB 603 Certified,’ ‘TB 603 Compliant’ or ‘approved by BHFTI’ cannot be true, as Technical Bulletin 603 involves no component testing or certification.”

Remember, TB 603 will go into effect on January 1, 2005. The Cal Bureau says: “All mattresses, box springs and futons manufactured after that date for sale to California consumers must be certified by the manufacturer to comply with the Technical Bulletin 603 standard, and be labeled accordingly.”

Enforcement of the TB 603 regulation will include inspections of licensee facilities and product testing to verify compliance with the Technical Bulletin 603 specifications. As with all compliance laws on the state and federal level, record-keeping will be extremely important — you can’t just do the test: you have to have proper records of same: the staff at BHFTI will be glad to supply you with the record-keeping rubrics.

The BHFTI website states that “Violations could result in citations, fines, orders to withhold products from sale, and license revocation.”

Everyone who manufactures, wholesales, imports or retails bedding for sale to California consumers has to have a BHFTI-issued license to do so. They must also label their products with the approved TB 603 law label, which includes a Technical Bulletin 603 compliance statement, stating that ‘This product meets the requirements of the California Bureau of Home Furnishings Technical Bulletin 603,’ and must include the date of manufacture. Such labels cannot lawfully be attached to products that are not certified by the manufacturer to pass the Technical Bulletin 603 test. The manufacturer is of course legally responsible—beyond the fact of labeling—to perform (as it is put in BHFTI’s own words) “the customary and prudent due-diligence steps (testing, record-keeping) required to self-certify that their products meet the Technical Bulletin 603 standard.”

The BHFTI website also has licensing information for those who wish to begin doing business in California, or with those living in the state. While there is a draft of TB 603 on the BHFTI website, I would suggest that you contact the Bureau’s offices to ensure that you will have the most up-to-date draft of the standard.

TB 604

The California bedding standard, TB 604—which deals with the flammability of filled bedding products such as comforters, pillows and mattress pads—has its own link on the BHFTI website. Development of proposed flammability regulations for products covered by TB 604 is ongoing, including a draft “Technical Bulletin 604” product-testing standard.
You can obtain a draft of the proposed TB 604 standard by e-mailing your contact information with a request for the draft of the standard, to contactbhfti@dca.ca.gov or by contacting BHFTI via the information indicated below.

Compliance Contact Information

For further information on these issues, please contact: California Bureau of Home Furnishings and Thermal Insulation, 3485 Orange Grove Avenue, North Highlands, CA 95660-5595, Phone (916) 574-2057, Fax (916) 574-2041, e-mail: John_McCormack@dca.ca.gov.
Also, the International Sleep Products Association website has information on its informative and useful SHOPtalk seminars, at www.sleepproducts.org, under the “Events” link. This series features seminars that can be logged onto in the comfort of your own office via your computer. Check it out!

For All Foam Suppliers

The Polyurethane Foam Association’s Bob Luedeka wishes me to inform you that the PFA Fall 2004 General Business Meeting and Technical Program will be held on Wednesday, October 20 and Thursday, October 21 at the Albuquerque Marriott Hotel located in downtown Albuquerque, New Mexico. Go to the website at www.pfa.org/octmeet_04.html for registration materials, meeting schedule, agendas, online hotel reservations and other information. Included among the Technical and Industry Issues meetings will be discussion of the impending changes in mattress flammability legislation and strategies on the part of the foam industry to help mattress and futon manufacturers to meet the coming challenges.

FL