Bill Text: NY A00812 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes "Brendan's law"; requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings on or after October 1, 2016, to install cordless window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2016, to meet certain safety standards established in regulations jointly adopted by the department of children and family services and the department of education.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2014-04-07 - amended on third reading (t) 812b [A00812 Detail]
Download: New_York-2013-A00812-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
812--B
Cal. No. 47
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, GUNTHER, MILLMAN, ROBINSON,
WEPRIN, BUCHWALD, JAFFEE, ROBERTS -- Multi-Sponsored by -- M. of A.
ARROYO, CLARK, COOK, ENGLEBRIGHT, MAGEE, PERRY, SCHIMEL -- read once
and referred to the Committee on Children and Families -- reported and
referred to the Committee on Codes -- passed by Assembly and delivered
to the Senate, recalled from the Senate, vote reconsidered, bill
amended, ordered reprinted, retaining its place on the order of third
reading -- advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT in relation to establishing Brendan's law; and to amend the
social services law, in relation to requiring cordless window
coverings in child day care centers, public institutions for children
and certain other facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "Brendan's
2 Law".
3 S 2. The social services law is amended by adding a new section 390-i
4 to read as follows:
5 S 390-I. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES OF THIS
6 SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
7 (A) "BEADED CHAIN" MEANS A SERIES OF SMALL SPHERES, EQUALLY SPACED ON
8 A CORD OR CONNECTED BY METAL SHAFTS USED TO RAISE AND LOWER A WINDOW
9 COVERING.
10 (B) "CORD LOOP" MEANS A CURVING OR DOUBLING OF A BEADED CHAIN OR CORD
11 TO FORM A CLOSED LOOP.
12 (C) "CORDLESS WINDOW COVERING" MEANS:
13 (I) A HORIZONTAL BLIND OR CELLULAR SHADE THAT HAS NO DRAW CORD AND THE
14 INTERNAL LIFT CORD RUNS IN THE SLATS OF THE HORIZONTAL BLIND SO THAT THE
15 CORD IS INCAPABLE OF FORMING A LOOP GREATER THAN 7.25 INCHES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05034-14-4
A. 812--B 2
1 (II) A ROMAN SHADE, ROLL-UP BLIND, OR WOVEN SHADE THAT HAS NO DRAW
2 CORD AND THE LIFT CORD IS COMPLETELY ENCLOSED SO THAT IT IS NOT ACCESSI-
3 BLE;
4 (III) A VERTICAL BLIND THAT HAS A WAND AS ITS OPERATING MECHANISM AND
5 DOES NOT CONTAIN ANY BEADED CHAINS, CORDED PULLEYS, OR OTHER CORD LOOP
6 OPERATING MECHANISMS; AND
7 (IV) A ROLLER SHADE THAT DOES NOT CONTAIN A CORD OR BEADED CHAIN.
8 (D) "DRAW CORD" MEANS ANY FORM OF ROPE, STRAP, OR STRING USED TO RAISE
9 OR LOWER A WINDOW COVERING.
10 (E) "INTERNAL LIFT CORD" MEANS A CORD THAT IS CONTAINED INSIDE THE
11 BODY AND RAILS OF THE BLIND OR SHADE.
12 (F) "WAND" MEANS A ROD USED TO:
13 (I) ROTATE A VERTICAL BLIND; OR
14 (II) TILT A HORIZONTAL BLIND.
15 2. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, PUBLIC
16 INSTITUTION FOR CHILDREN, OR ANY AUTHORIZED AGENCY NOT INCLUDING A
17 FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER
18 INSTALLING NEW OR REPLACEMENT WINDOW COVERINGS ON OR AFTER OCTOBER
19 FIRST, TWO THOUSAND SIXTEEN, SHALL INSTALL CORDLESS WINDOW COVERINGS OR
20 WINDOW COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
21 3. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, OR
22 PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT INCLUDING A
23 FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER THAT
24 HAS WINDOW COVERINGS IN PLACE BEFORE OCTOBER FIRST, TWO THOUSAND
25 SIXTEEN, SHALL MEET MINIMUM SAFETY STANDARDS ESTABLISHED IN REGULATIONS
26 JOINTLY ADOPTED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND
27 THE DEPARTMENT OF EDUCATION THAT INCLUDE STANDARDS FOR:
28 (A) ROMAN SHADES, ROLL-UP SHADES, WOVEN SHADES, AND ALL WINDOW
29 COVERINGS WITH EXPOSED AND UNSECURED CORDS;
30 (B) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS THAT
31 HAVE DRAW CORDS FOR THEIR OPERATION; AND
32 (C) VERTICAL BLINDS AND OTHER WINDOW COVERING PRODUCTS WITH LOOPS
33 UTILIZED IN THEIR OPERATION.
34 4. IF A PERSON FAILS TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION
35 THREE OF THIS SECTION, THE AUTHORIZED AGENCY MAY REQUIRE REPLACEMENT OF
36 EXISTING WINDOW COVERINGS WITH CORDLESS WINDOW COVERINGS OR WINDOW
37 COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
38 S 3. This act shall take effect October 1, 2016. Effective immediate-
39 ly, the addition, amendment and/or repeal of any rule or regulation
40 necessary for the implementation of this act on its effective date are
41 authorized and directed to be made and completed on or before such
42 effective date.
