Flammability Testing Reveals High Violation

Levels of California TB 117 Standards

According to the California Department of Consumer Affairs (DCA), futons sold in California must meet Technical Bulletin 117 upholstered furniture flammability standards. However, when tested as furniture, only 17% of futons tested for flammability last year by the DCA Bureau of Home Furnishings and Thermal Insulation complied with TB 117 standards.

The Bureau conducted flammability tests on 89 futons in the California market that represented a wide variety of styles, sizes, and construction materials. "Our purpose was to assess the types of futon products on the market and their level of compliance with applicable flammability and labeling standards," says Karen Hatchel, Bureau Chief.

In addition to testing for TB 117 standards, the Bureau also subjected the futons to the test for the federal smoldering standard (16 C.F.R. 1632, which is equivalent to TB 106).

The results? "The Bureau found that violation levels of both the mandatory federal cigarette standard and the California flammability standards are unacceptably high," says Hatchel. "They pose a hazard to consumers and potential liability problems for futon manufacturers and suppliers." Fifty-two percent of the futons passed the federal smoldering standard test; and, as mentioned above, only 17% passed the TB 117 test (Figures 1 and 2, "Compliance with Flammability Standards").

Recently, the futon industry has questioned the Bureau's requirement that futons meet TB 117 standards. Some industry members believe that futon mattresses should not be categorized as upholstered furniture, and should, therefore, be exempt from TB 117.

"To address the industry's concerns, the Bureau of Home Furnishings and Thermal Insulation asked the DCA Legal Office for an opinion on this issue," says Hatchel. "Their findings support our policy that, under California law, a futon must be treated as upholstered furniture." The following summarizes the basis for the Department's decision.

Upholstered furniture is required by Bureau regulations (4 C.C.R. 1374) to meet TB 117 standards. Upholstered furniture is defined in Business and Professions Code Section 19006. The four elements are:

• 1. It is an item of furniture
• 2. It is either itself stuffed or has cushions (either loose or attached) which are stuffed
• 3. The stuffing is concealed by some fabric or other covering
• 4. It is an item which can be used to support a human being when sitting or resting in an upright or a reclining position.

Applying the above definition to a futon, Consumer Affairs observes that a futon contains the elements that make up upholstered furniture. "Therefore," explains Hatchel, "futons, as an item of upholstered furniture, must comply with the TB 117 standards."

Further, the law considers a futon mattress, when sold individually without the futon frame, to be upholstered furniture. The Attorney General's office has previously ruled that a chair cushion or pillow itself when sold alone is within the definition of upholstered furniture. The legislative intent was to cover those situations where the pillow or cushion might be separated and sold separately from the structural frame (7 Ops. Cal Atty. Gen 186, 187)

Regulations pertaining to flammability standards for upholstered furniture are found in 4 California Code of Regulations Section 1374. Hatchel says, "We recognize the complexity of the regulatory environment for the upholstered furniture industry. The Bureau's flammability research can assist the industry with gaining compliance."

For example, Hatchel notes that "The use of boric acid fire retardant add-on increased the sampled futons' ability to comply with TB 117." Increased levels of boric acid correlated closely with increased compliance with the Section B, Part 1 of TB 117, the open flame test for cellulose battings. All cottons containing between 0% and 2% boric acid failed TB 117, while those containing greater than 10% were in total compliance (Figure 3, "Compliance with Technical Bulletin 117 Section B Part 1").

"Our first priority is to protect consumers from flammability hazards as defined in our rules and regulations," concludes Hatchel. "We want to continue working actively with futon industry members to help them understand and comply with both federal and state upholstered furniture standards."

For more information on flammability compliance, you may request the booklets "Practical Strategies Toward Complying With 16CFR 1632" and "Practical Strategies Toward Complying With Technical Bulletin 117" by writing or calling: Bureau of Home Furnishings and Thermal Insulation, 3485 Orange Grove Avenue, North Highlands, CA 95660