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Article 1 - General Provisions

      (425 ILCS 45/Art. 1 heading)ARTICLE 1. GENERAL PROVISIONS

(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.)

(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.)

(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.

(3) Articles manufactured solely for recreational

use or physical fitness purposes, such as weightlifting benches, gymnasium mats or pads, sidehorses, and similar articles.

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)