Bill Text: IL HB5407 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Furniture Fire Safety Act. Replaces references to "seating furniture" with references to "furnishing". Provides that the definition of "public occupancies" also includes prisons, correctional centers, transitional centers, rehabilitation centers, theaters, arenas, gymnasiums, and public assembly areas of assisted living facilities containing more than 10 furnishings. Provides that articles manufactured solely for recreational use or physical fitness purposes, such as weightlifting benches, indoor or outdoor multilevel play structures, gymnasium mats or pads, gymnastics equipment, and similar articles (instead of weightlifting benches, gymnasium mats or pads, sidehorses, and similar articles) are exempt from the provisions of the Act. Removes language specifying that public occupancies and public assembly areas that are fully protected by sprinkler systems in accordance with Uniform Building Code Standard 38-1 are exempt. Provides that public occupancies and public assembly areas that are fully protected by sprinkler systems in accordance with National Fire Protection Association (NFPA) 13: Standard for the Installation of Sprinkler Systems (instead of National Fire Protection Association (NFPA) Standard 13) are exempt from the provisions of the Act, but must comply with rules adopted under the Act (instead of must comply with test requirements as set forth in the California Bureau of Home Furnishings Technical Bulletin Numbers 116 and 117). Removes language requiring the rules and regulations adopted by the Office of the State Fire Marshal to be in conformity with the California Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133, and removes language providing that all rules and regulations adopted by the State Fire Marshal shall become effective not earlier than 90 days from adoption. Repeals provisions regarding appointing members to an Advisory Board under the Act. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-04 - Rule 19(a) / Re-referred to Rules Committee [HB5407 Detail]

Download: Illinois-2021-HB5407-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5407 Introduced , by Rep. Michael Kelly SYNOPSIS AS INTRODUCED:
425 ILCS 45/1002 from Ch. 127 1/2, par. 951-2
425 ILCS 45/1003 from Ch. 127 1/2, par. 951-3
425 ILCS 45/1004 from Ch. 127 1/2, par. 951-4
425 ILCS 45/1006 from Ch. 127 1/2, par. 951-6
425 ILCS 45/1007 from Ch. 127 1/2, par. 951-7
425 ILCS 45/1008 from Ch. 127 1/2, par. 951-8
425 ILCS 45/1005 rep.
Amends the Furniture Fire Safety Act. Replaces references to seating furniture with references to furnishing. Makes changes to provisions regarding definitions. Repeals provisions regarding appointing members to an Advisory Board under the Act. Makes other changes.
LRB102 22640 CPF 35439 b
A BILL FOR
HB5407 LRB102 22640 CPF 35439 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Furniture Fire Safety Act is amended by
changing Sections 1002, 1003, 1004, 1006, 1007, and 1008 as
follows:
(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) "Furnishing" "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

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being, or the limbs and feet when sitting or resting in an
upright or reclining position, including, but not limited to,
a covered or uncovered pad or topper placed on top of a
furnishing or bed as extra padding or support, but not
including a mattress.
(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 furnishings articles of seating furniture.
(d) "Manufacturer" means a person who, either by himself
or through employees or agents, makes any furnishing article
of seating furniture in whole or in part.
(e) "Public occupancies" means:
(1) Penal institutions such as jails Jails, prisons,
correctional centers, and transitional centers penal
institutions;
(2) Hospitals, mental health facilities, and similar
health care facilities;
(3) Nursing care and rehabilitation centers
convalescent homes;
(4) Child day care centers;
(5) Public auditoriums, theaters, arenas, gymnasiums,
and stadiums; and
(6) Public assembly areas of hotels and motels
containing more than 10 furnishings; and articles of

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seating furniture.
(7) Public assembly areas of assisted living
facilities containing more than 10 furnishings.
(f) "NFPA" means the National Fire Protection Association.
(Source: P.A. 86-631.)
(425 ILCS 45/1003) (from Ch. 127 1/2, par. 951-3)
Sec. 1003. (a) Furnishings Articles of seating furniture,
other than juvenile furnishings and furnishings 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 has a is smooth surface 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, indoor or outdoor multilevel play structures,
gymnasium mats or pads, gymnastics equipment 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:

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Standard for the Installation of Sprinkler Systems, as
amended, or Uniform Building Code Standard 38-1 are exempt
from the provisions of this Code, but must comply with rules
adopted under this Act 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 Office of the State Fire Marshal has the
duty to administer and enforce this Act in accordance with the
laws of this State.
(b) The Office of 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 Office of the State Fire Marshal shall periodically add,

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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) (Blank). 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 45/1006) (from Ch. 127 1/2, par. 951-6)
Sec. 1006. This Act applies to all furnishings seating
furniture manufactured on or after September 1, 1989 that are
the effective date of this Act which is sold or intended for
use in public occupancies in this State regardless of their
its point of origin. After September 1, 1989 the effective
date of this Act, this Act prohibits the sale for use in a
public occupancy of any furnishing that seating furniture
which fails to conform to the applicable flammability standard
or labeling requirement set forth in this Act or rules adopted
under 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;

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however, products and materials offered for sale in this State
shall meet applicable flammability requirements established
pursuant to this Act or rules adopted under this Act. The
Office of the State Fire Marshal may inspect or audit any such
testing of furnishings 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 Office of the State Fire Marshal has the
authority to institute a civil action or proceeding to enjoin
the use in the State of any furnishing that seating furniture
which has not met the tests or , criteria , or rules and
regulations of this Act or rules adopted under this Act and
that is sold or intended for use in public occupancies.
(Source: P.A. 86-631.)
(425 ILCS 45/1005 rep.)
Section 10. The Furniture Fire Safety Act is amended by
repealing Section 1005.