Work From Home Safety Act
The “COVID-19 Regulatory Relief and Work from Home Safety Act” was included in a massive appropriations bill signed into law on December 27, 2020. It incorporates all provisions included in the Safer Occupancy Furniture Flammability Act drafted by the American Home Furnishings Association in 2017.
The bill requires the U.S. Consumer Product Safety Commission (CPSC) to adopt California’s Technical Bulletin 117-2013 as a federal flammability standard for residential upholstered furniture.
California TB 117-2013 outlines performance standards and methods for testing the smolder resistance of cover fabrics along with the barrier, filling and decking materials used in upholstered home furnishings.
The new “Regulatory Relief and Work from Home Safety Act” ensures all upholstered furniture sold in the United States will meet a rigorous fire safety threshold. It mandates the best test methods and construction standards known today and will prevent a patchwork of differing state and local regulations.
Compliance Date: All residential upholstered furniture, pillows and accessories sold in the United States must comply with the flammability tests for covered components specified in CAL TB 117-2013 beginning June 25, 2021.
Labeling: All residential upholstered furniture, pillows and accessories must have a permanent label with the statement “Complies with U.S. CPSC requirements for upholstered furniture flammability.” This act does not affect mattresses, foundations, bedding products, or items that will be used for the purpose of physical fitness. However, these items are subject to other federal flammability standards.
Recordkeeping: Although the new law does not discuss any recordkeeping requirements, CPSC may specify these during the adoption of the standard. Regardless, companies should consider setting their own policy for recordkeeping. In particular, importers should require overseas manufacturers to provide proof of test results for all covered components and certify that products are properly labeled before shipment.
Sell-through: The law does not discuss any “sell-through” period for products that have not been tested or are not labeled as required. CPSC may allow for a sell-through period in the final standard. Companies should work to sell non-compliant inventories and ensure imported products in transit are properly labeled prior to June 25, 2021.
For more information about the COVID-19 Regulatory Relief and Work from Home Safety Act please visit Section 2101, starting at page 5589.
Source: American Home Furnishings Association