(425 ILCS 45/Art. 1 heading)
ARTICLE 1.
GENERAL PROVISIONS
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(425 ILCS 45/1001) (from Ch. 127 1/2, par. 951-1)
Sec. 1001.
This Act may be cited as the Furniture Fire Safety Act.
(Source: P.A. 86-631.)
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(425 ILCS 45/1002) (from Ch. 127 1/2, par. 951-2)
Sec. 1002.
As used in this Act:
(a) "Sell" or any of its variants means and includes any of or any
combination of the following: to sell, offer or expose for sale, barter,
trade, deliver, give away, rent, consign, lease, or possess with an intent to
sell or dispose of in any other commercial manner.
(b) "Seating furniture" means any furniture, including children's
furniture, movable or stationery, which (1) is made of or with cushions
or pillows, loose or attached, (2) is itself stuffed or filled in whole or in
part with any filling material, (3) is or can be
stuffed or filled in whole or in part with any substance or material,
hidden or concealed by fabric or any other covering, including cushions or
pillows belonging to or forming a part thereof, together with the
structural units, the filling material and its container and covering
which can be used as a support for the body of a human being, or the limbs
and feet when sitting or resting in an upright or reclining position.
(c) "Filling material" means cotton, wool, kapok, feathers, down,
hair, liquid, or any other material or substance, natural or man-made, or any
other prefabricated form, concealed or not concealed, to be used or that
could be used in articles of seating furniture.
(d) "Manufacturer" means a person who, either by himself or
through employees or agents, makes any article of seating furniture
in whole or in part.
(e) "Public occupancies" means:
(1) Jails, prisons, and penal institutions;
(2) Hospitals, mental health facilities, and similar health care facilities;
(3) Nursing care and convalescent homes;
(4) Child day care centers;
(5) Public auditoriums and stadiums; and
(6) Public assembly areas of hotels and motels containing more than 10
articles of seating furniture.
(Source: P.A. 86-631.)
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(425 ILCS 45/1003) (from Ch. 127 1/2, par. 951-3)
Sec. 1003.
(a) Articles of seating furniture, other than juvenile furniture
and furniture used for and in facilities designed for the care or treatment
of humans, which meet any of the following criteria are exempt from
compliance with the provisions of this Act:
(1) Cushions and pads intended solely for outdoor use.
(2) Any article which is smooth surfaced and contains
| | no more than one-half inch of filling material, if such article does not have a horizontal surface meeting a vertical surface.
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(3) Articles manufactured solely for recreational use
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(b) Public occupancies and public assembly areas as defined in
subsection (e) of Section 1002 that are fully protected by sprinkler
systems in accordance with either National Fire Protection Association
(NFPA) Standard 13, as amended, or Uniform Building Code Standard 38-1 are exempt from
the provisions of this Code, but must comply with test requirements as set
forth in the State of California, Bureau of Home Furnishings Technical
Bulletin Number 117, as amended, and Technical Bulletin Number 116, as
amended, entitled respectively "Requirements, Test Procedures
and Apparatus for Test Procedures and Apparatus for Testing the Flame
Retardance of Filling Materials Used in Upholstered Furniture" and "Test
Procedures and Apparatus for Testing the Flame Retardance of Upholstered Furniture".
(Source: P.A. 86-631; 87-129.)
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(425 ILCS 45/1004) (from Ch. 127 1/2, par. 951-4)
Sec. 1004.
(a) The State Fire Marshal has the duty to administer
and enforce this Act in accordance with the laws of this State.
(b) The State Fire Marshal shall adopt rules and regulations
necessary for the administration and enforcement of this Act within 6
months after the effective date of this Act.
The rules and regulations shall be in conformity with the flammability
testing and labeling procedures for seating furniture for use in public
occupancies as published in Technical Bulletin 133, as amended, State of
California Bureau of Home Furnishings and Thermal Insulation.
The State Fire Marshal shall periodically add, delete, revise and update
such rules and regulations as may from time to time be required to conform
with the requirements of Technical Bulletin 133.
(c) All rules and regulations adopted by the State Fire Marshal
shall become effective not earlier than 90 days from adoption.
(Source: P.A. 86-631; 87-129.)
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(425 ILCS 45/1005) (from Ch. 127 1/2, par. 951-5)
Sec. 1005.
The Governor may appoint an Advisory Board consisting of 7
members. Three members shall be from the fire fighting or fire protection
industry and 4 shall be from the general public at large. The Board
will confer and advise the State Fire Marshal as to the rules and
regulations required under this Act and may make appropriate
recommendations as to how the rules and regulations may best serve the
State, the public and the furniture industry. The Board will assist the
State Fire Marshal in the collection of necessary information and data as
the State Fire Marshal deems necessary for the proper administration of
this Act. The Governor shall set forth the term, incumbency, and activity
of the Board and members in a manner not inconsistent with the laws of
this State.
(Source: P.A. 86-631.)
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(425 ILCS 45/1006) (from Ch. 127 1/2, par. 951-6)
Sec. 1006.
This Act applies to all seating furniture manufactured
on or after the effective date of this Act which is sold or intended for
use in public occupancies in this State regardless of its point of origin.
After the effective date of this Act, this Act prohibits the sale for use
in a public occupancy of any seating furniture which fails to conform to
the applicable flammability standard or labeling requirement set forth in
this Act.
(Source: P.A. 86-631.)
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(425 ILCS 45/1007) (from Ch. 127 1/2, par. 951-7)
Sec. 1007.
All applicable flammability requirements of this Act or the rules
promulgated hereunder are to be considered performance standards. Testing
under these standards shall be at the discretion of the manufacturer;
however, products and materials offered for sale in this State shall meet
applicable flammability requirements established pursuant to this Act.
The State Fire Marshal may inspect or audit any such testing of seating
furniture as is deemed necessary under this Act.
(Source: P.A. 86-631.)
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(425 ILCS 45/1008) (from Ch. 127 1/2, par. 951-8)
Sec. 1008.
The State Fire Marshal has the authority to institute a
civil action or proceeding to enjoin the use in the State of any seating
furniture which has not met the tests, criteria, or rules and regulations
of this Act and is sold or intended for use in public occupancies.
(Source: P.A. 86-631.)
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