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.