Bill Text: NY S07579 | 2013-2014 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2014-06-02 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07579 Detail]

Download: New_York-2013-S07579-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7579
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       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;
   16    (II) A ROMAN SHADE, ROLL-UP BLIND, OR WOVEN SHADE  THAT  HAS  NO  DRAW
   17  CORD AND THE LIFT CORD IS COMPLETELY ENCLOSED SO THAT IT IS NOT ACCESSI-
   18  BLE;
   19    (III)  A VERTICAL BLIND THAT HAS A WAND AS ITS OPERATING MECHANISM AND
   20  DOES NOT CONTAIN ANY BEADED CHAINS, CORDED PULLEYS, OR OTHER  CORD  LOOP
   21  OPERATING MECHANISMS; AND
   22    (IV) A ROLLER SHADE THAT DOES NOT CONTAIN A CORD OR BEADED CHAIN.
   23    (D) "DRAW CORD" MEANS ANY FORM OF ROPE, STRAP, OR STRING USED TO RAISE
   24  OR LOWER A WINDOW COVERING.
   25    (E)  "INTERNAL  LIFT  CORD"  MEANS A CORD THAT IS CONTAINED INSIDE THE
   26  BODY AND RAILS OF THE BLIND OR SHADE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05034-16-4
       S. 7579                             2
    1    (F) "WAND" MEANS A ROD USED TO:
    2    (I) ROTATE A VERTICAL BLIND; OR
    3    (II) TILT A HORIZONTAL BLIND.
    4    2. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, PUBLIC
    5  INSTITUTION  FOR  CHILDREN,  OR  ANY  AUTHORIZED  AGENCY NOT INCLUDING A
    6  FOSTER HOME, FAMILY DAY CARE CENTER OR  GROUP  FAMILY  DAY  CARE  CENTER
    7  INSTALLING  NEW  OR  REPLACEMENT  WINDOW  COVERINGS  ON OR AFTER OCTOBER
    8  FIRST, TWO THOUSAND SIXTEEN, SHALL INSTALL CORDLESS WINDOW COVERINGS  OR
    9  WINDOW COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
   10    3.  ANY  AGENCY  BOARDING  HOME, GROUP HOME, CHILD DAY CARE CENTER, OR
   11  PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT INCLUDING A
   12  FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER THAT
   13  HAS WINDOW  COVERINGS  IN  PLACE  BEFORE  OCTOBER  FIRST,  TWO  THOUSAND
   14  SIXTEEN,  SHALL MEET MINIMUM SAFETY STANDARDS ESTABLISHED IN REGULATIONS
   15  JOINTLY ADOPTED BY THE DEPARTMENT OF CHILDREN AND  FAMILY  SERVICES  AND
   16  THE DEPARTMENT OF EDUCATION THAT INCLUDE STANDARDS FOR:
   17    (A)  ROMAN  SHADES,  ROLL-UP  SHADES,  WOVEN  SHADES,  AND  ALL WINDOW
   18  COVERINGS WITH EXPOSED AND UNSECURED CORDS;
   19    (B) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS  THAT
   20  HAVE DRAW CORDS FOR THEIR OPERATION; AND
   21    (C)  VERTICAL  BLINDS  AND  OTHER  WINDOW COVERING PRODUCTS WITH LOOPS
   22  UTILIZED IN THEIR OPERATION.
   23    4. IF A PERSON FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION
   24  THREE  OF THIS SECTION, THE AUTHORIZED AGENCY MAY REQUIRE REPLACEMENT OF
   25  EXISTING WINDOW COVERINGS  WITH  CORDLESS  WINDOW  COVERINGS  OR  WINDOW
   26  COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
   27    S  3. This act shall take effect October 1, 2016. Effective immediate-
   28  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   29  necessary  for  the implementation of this act on its effective date are
   30  authorized and directed to be made  and  completed  on  or  before  such
   31  effective date.