[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1798 Reported in Senate (RS)]
Calendar No. 798
108th CONGRESS
2d Session
S. 1798
To provide for comprehensive fire safety standards for upholstered
furniture, mattresses, bedclothing, and candles.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2003
Mr. Hollings (for himself, Mr. Breaux, Ms. Snowe, Mrs. Boxer, Mr.
Graham of South Carolina, Mr. Chafee, Mr. Reed, Mrs. Feinstein, and
Mr. Nelson of Florida) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
November 10, 2004
Reported under authority of the order of the Senate of October 11,
2004, by Mr. McCain, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for comprehensive fire safety standards for upholstered
furniture, mattresses, bedclothing, and candles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``American Home Fire Safety
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) There were 12,800 candle fires in 1998,
resulting in 170 deaths, 1,200 civilian injuries, and
$174,600,000 in property damage.</DELETED>
<DELETED> (2) In 1998, mattress and bedding fires caused 410
deaths, 2,260 civilian injuries, and $255,400,000 in property
damage.</DELETED>
<DELETED> (3) The United States mattress industry has a long
history of working closely with safety officials to reduce
mattress flammability. For the past 25 years, mattresses have
been subject to a Federal flammability standard that requires
mattresses to resist ignition by smoldering
cigarettes.</DELETED>
<DELETED> (4) Nevertheless, in 1998, fires involving
mattresses and bedding accessories (which include pillows,
comforters, and bedspreads) caused 410 deaths, 2,260 civilian
injuries, and $255,400,000 in property damage.</DELETED>
<DELETED> (5) In many such fires, the bedding accessories
are the first products to ignite. Such products have a material
impact on the fire's intensity, duration, and the risk that the
fire will spread beyond the room of origin.</DELETED>
<DELETED> (6) Upholstered furniture fires were responsible
for 520 deaths in 1998, with little statistical change in the
number of fires and deaths since 1994.</DELETED>
<DELETED> (7) While the fire death rates for upholstered
furniture fires have dropped during the period 1982 through
1994 for both California and the entire Nation, death rates in
California, which has stricter standards, have dropped by a
larger percentage than the nation as a whole.</DELETED>
<DELETED> (8) Children, the elderly, and lower income
families are at higher risk of death and injury from
upholstered furniture fires caused primarily by the increasing
incidents of children playing with matches, candles, lighters,
or other small open flames.</DELETED>
<DELETED> (9) In view of the increased incidents of fire, it
is important for Congress to establish fire safety standards
for candles, mattresses, bed clothing, and upholstered
furniture.</DELETED>
<DELETED> (10) The Consumer Product Safety Commission is the
appropriate agency to develop and enforce such
standards.</DELETED>
<DELETED> (11) The Environmental Protection Agency should
continue to review and determine the suitability of any
materials used to meet any fire safety standard established as
a result of this Act.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to protect the public against death and injury
from fires associated with candles, mattresses, bed clothing,
and upholstered furniture; and</DELETED>
<DELETED> (2) to require the Consumer Product Safety
Commission to develop and issue comprehensive uniform safety
standards to reduce the flammability of candles, mattresses,
bed clothing, and upholstered furniture.</DELETED>
<DELETED>SEC. 3. CONSUMER PRODUCT FIRE SAFETY STANDARDS.</DELETED>
<DELETED> (a) In General.--Within 90 days after the date of
enactment of this Act, the Consumer Product Safety Commission shall
promulgate, as final consumer product safety standards under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058), the following fire
safety standards:</DELETED>
<DELETED> (1) Upholstered furniture.--A fire safety standard
for upholstered furniture that is substantially the same as the
provisions of Technical Bulletin 117, ``Requirements, Test
Procedure and Apparatus for testing the Flame and Smolder
Resistance of Upholstered Furniture)'' published by the State
of California, Department of Consumer Affairs, Bureau of Home
Furnishings and Thermal Insulation, February 2002.</DELETED>
<DELETED> (2) Mattresses.--A fire safety standard for
mattresses that is substantially the same as Technical Bulletin
603, ``Requirements and Test Procedure for Resistance of a
Residential Mattress/Box Spring Set to a Large Open Flame'',
published by the State of California, Department of Consumer
Affairs, Bureau of Home Furnishings and Thermal Insulation,
February 2003.</DELETED>
<DELETED> (3) Bedclothing.--A fire safety standard for
bedclothing that is substantially the same as the October 22,
2003, draft for task force review of Technical Bulletin 604,
``Test Procedure and Apparatus for the Flame Resistance of
Filled Bedclothing'', published by the State of California,
Department of Consumer Affairs, Bureau of Home Furnishings and
Thermal Insulation, October, 2003.</DELETED>
<DELETED> (4) Candles.--A fire safety standard for candles
that is substantially the same as Provisional Standard PS 59-
02, ``Provisional Specification for Fire Safety for Candles'',
ASTM International, as that provisional standard existed on the
date of enactment of this Act.</DELETED>
<DELETED> (b) Application of Certain Promulgation Requirements.--The
requirements of subsections (a) through (f) of section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058), and section 36 of that
Act (15 U.S.C. 2083), do not apply to the consumer product safety
standards required to be promulgated by subsection (a) of this
section.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Home Fire Safety Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) There were 12,800 candle fires in 1998, resulting in
170 deaths, 1,200 civilian injuries, and $174,600,000 in
property damage.
(2) In 1998, mattress and bedding fires caused 410 deaths,
2,260 civilian injuries, and $255,400,000 in property damage.
(3) The United States mattress industry has a long history
of working closely with safety officials to reduce mattress
flammability. For the past 25 years, mattresses have been
subject to a Federal flammability standard that requires
mattresses to resist ignition by smoldering cigarettes.
(4) Nevertheless, in 1998, fires involving mattresses and
bedding accessories (which include pillows, comforters, and
bedspreads) caused 410 deaths, 2,260 civilian injuries, and
$255,400,000 in property damage.
(5) In many such fires, the bedding accessories are the
first products to ignite. Such products have a material impact
on the fire's intensity, duration, and the risk that the fire
will spread beyond the room of origin.
(6) Upholstered furniture fires were responsible for 520
deaths in 1998, with little statistical change in the number of
fires and deaths since 1994.
(7) While the fire death rates for upholstered furniture
fires have dropped during the period 1982 through 1994 for both
California and the entire Nation, death rates in California,
which has stricter standards, have dropped by a larger
percentage than the Nation as a whole.
(8) Children, the elderly, and lower income families are at
higher risk of death and injury from upholstered furniture
fires caused primarily by the increasing incidents of children
playing with matches, candles, lighters, or other small open
flames.
(9) The Consumer Product Safety Commission is the
appropriate agency to develop and enforce fire safety of
products under its jurisdiction.
(10) The Commission has reported to the Congress that it
will be prepared to vote on a fire resistant upholstered
furniture rule in 2004.
(11) The Commission has reported to the Congress its intent
to begin work on a rule to improve the fire resistance of
mattresses in 2004.
(12) The use of fire retardant chemicals is all but certain
to increase with the promulgation of new, stricter standards
that make products more fire resistant.
(13) The history of fire retardants being removed from the
United States market, including asbestos, tris, and 2 types of
brominated fire retardant chemicals (penta and octa
polybrominated diphenyl ether (PBDEs)), points to the need for
caution when evaluating fire retardants' impact on human
health.
(14) Recent peer-reviewed scientific studies show that
brominated fire-retardant chemicals are now present in the food
chain, especially fish.
(15) Recent European research has shown, and United States
research has confirmed, the presence of brominated fire-
retardant chemicals in women's breast milk. The European
research showed that the presence of these chemicals in breast
milk has been doubling every 5 years.
(16) California has banned the use of certain brominated
chemicals, and Hawaii, Massachusetts, Michigan, Maine, New
York, and Washington have regulated or are considering
regulating the manufacture, release, use or sale of PBDEs.
(17) Fire-retardant chemicals are currently regulated in a
way that has the potential to leave gaps in information needed
to evaluate the chemicals' impact on human health.
SEC. 3. EVALUATION OF FIRE RESISTANCE METHODOLOGIES AND SAFETY.
(a) Bedclothing and Pillows.--Within 180 days after the date of
enactment of this Act, the Consumer Product Safety Commission shall
conduct a comprehensive evaluation of the interaction of bedclothing
with the mattress in a fire, and an evaluation of methodologies to
improve the fire resistance of these products. Within 1 year after the
commencement of the study the Commission shall transmit a report to the
Congress containing the Commission's findings and recommendations.
(b) Candles.--
(1) In general.--Within 270 days after the date of
enactment of this Act, the Commission shall evaluate--
(A) the current risk candles create as ignition
sources in the home;
(B) the effectiveness of the ASTM International
Standard Specification for Fire Safety for Candles
(Designation F 2417-04); and
(C) the number of domestic and imported candles in
the stream of commerce that comply with the voluntary
standard.
(2) Report.--Within 18 months after the commencement of the
study the Commission shall transmit a report to the Congress
containing the Commission's findings and recommendations.
(c) Upholstered Furniture.--If the Commission has not promulgated a
rule to improve the fire retardancy of upholstered furniture by June 1,
2005, the Commission shall transmit a report to Congress by June 30,
2005, that explains why the Commission did not issue the rule. The
report shall provide a detailed description of the proposed rule, the
advantages and disadvantages of the proposed rule, and a cost-benefit
analysis of the proposed rule.
(d) Mattresses.--
(1) In general.--If the Commission has not issued an
advance notice of proposed rulemaking regarding fire safe
mattresses by June 1, 2005, the Commission shall--
(A) initiate by June 30, 2005, a study to evaluate
methodologies to improve the fire resistance of
mattresses; and
(B) perform a comparative cost-benefit analysis on
a mattress standard that would mandate 30 minutes of
flashover prevention, 45 minutes of flashover
prevention, and 60 minutes of flashover prevention.
(2) Report.--Within 6 months after the commencement of the
study the Commission shall transmit a report to the Congress
containing the Commission's findings and recommendations.
SEC. 4. FIRE-RETARDANT CHEMICAL REGISTRY.
(a) In General.--Not later than June 1, 2005, the Consumer Product
Safety Commission shall create a registry of fire-retardant chemicals.
(b) Purpose.--The purpose of the registry shall be to identify,
quantify, and describe the market of fire-retardant chemicals sold for
use in or on Commission-regulated products sold or used in the United
States, and identify studies that manufacturers of such chemicals have
published, made public, or otherwise made available to State, Federal,
or foreign regulatory authorities.
(c) Contents.--The registry shall include--
(1) a list of all manufacturers producing fire-retardant
chemicals for sale or use in or on Commission-regulated
products sold or used in the United States;
(2) for each of those manufacturers, a list of all fire-
retardant chemicals sold for use in or on Commission-regulated
products sold or used in the United States;
(3) a ranking of sales by each of those manufacturers of
the fire-retardant chemicals sold for use in or on Commission-
regulated products sold or used in the United States, measured
by volume of chemicals sold; and
(4) a list of studies and reports those manufacturers have
performed on the human impacts of their fire-retardant
chemicals sold for use in or on Commission-regulated products
sold or used in the United States, that have been published,
made public, or otherwise made available to State, Federal, or
foreign regulatory authorities.
(d) Report.--The Consumer Product Safety Commission shall submit an
annual report on the results of the registry to Congress.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Consumer Product
Safety Commission for fiscal year 2005 $3,000,000 to carry out this
Act, such sum to remain available until expended.D23/
Calendar No. 798D23/
108th CONGRESS
2d Session
S. 1798D23/
_______________________________________________________________________
A BILL
To provide for comprehensive fire safety standards for upholstered
furniture, mattresses, bedclothing, and candles.D23/
_______________________________________________________________________
November 10, 2004D23/
Reported with an amendmentD23/