BILL NUMBER: AB 282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 11, 2015
An act to add Chapter 35 (commencing with Section 22948.8) to
Division 8 of the Business and Professions Code, and to add Sections
1503.3 and 1596.848 to the Health and Safety Code, relating to window
coverings.
LEGISLATIVE COUNSEL'S DIGEST
AB 282, as amended, Eggman. Corded window coverings.
Existing law generally regulates various business activities and
practices, including the sale of cordless telephones within the
state.
This bill would, beginning January 1, 2018, make it unlawful to
sell to a purchaser located in the state a corded window covering.
The bill would define "corded window covering" as a window covering,
including, but not limited to, blinds, curtains, draperies, and
shades, that has an accessible cord, and would define "accessible
cord" as any cord with a length of over 7
3/4 inches, including a cord that can be extended
or pulled to exceed 7 3/4
inches. The bill would authorize a corded window covering for which
an accessible cord cannot be eliminated, as specified, to be sold to
a purchaser located in the state only if the accessible cord is made
inaccessible through the use of an effective passive guarding device,
such as a cord cover. determined to be accessible
pursuant to the 2012 American National Standard for Safety of Corded
Window Covering Products adopted by the United States Consumer
Product Safety Commission and any successor standards.
Existing law provides for the licensing and regulation of
community care facilities, including, among others, residential
facilities, foster family homes, certified family homes, and group
homes by the State Department of Social Services. Existing law also
provides for the licensing and regulation of child day care
facilities by the department. A person who violates a law relating to
community care facilities, or who willfully or repeatedly violates a
law relating to child day care facilities, is guilty of a
misdemeanor.
This bill would require prohibit a
community care facility or child day care facility that serves
children under 6 years of age from installing a corded window
covering in the facility. The bill would also require those
facilities to remove all corded window coverings or
make the accessible cord inaccessible through the use of an effective
passive guarding device retrofit the corded window
coverings as soon as is reasonably possible with repair
kits, as specified, by January 1, 2019. The bill would
also authorize the department to require those facilities to replace
existing corded window coverings, as specified, if a person or
facility fails to comply with the above provisions. By
expanding the scope of a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 35 (commencing with Section 22948.8) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 35. CORDED WINDOW COVERINGS
22948.8. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Accessible cord" means any cord with a length of over
seven and three-quarter inches, including a cord that can be
extended or pulled to exceed seven and three-quarter inches.
determined to be accessible pursuant to the 2012
American National Standard for Safety of Corded Window Covering
Products adopted by the United States Consumer Product Safety
Commission consistent with the procedures under the federal Consumer
Product Safety Act (Public Law 92-573) and any successor
standards.
(b) "Corded window covering" means a window covering, including,
but not limited to, blinds, curtains, draperies, and shades, that has
an accessible cord.
22948.9. (a)
Except as provided in subdivision (b), it It is
unlawful to sell to a purchaser located in this state a
corded window covering. window covering that does not
meet the requirements of the 2012 American National Standard for
Safety of Corded Window Covering Products adopted by the United
States Consumer Product Safety Commission consistent with the
procedures under the federal Consumer Product Safety Act
(Public Law 92-573) and any successor standards.
(b) If an accessible cord cannot be eliminated from a corded
window covering due to the large size of the window covering or for
another reason, the corded window covering may be sold to a purchaser
located in this state only if the accessible cord is made
inaccessible through the use of an effective passive guarding device,
such as a cord cover.
22949. This chapter shall become operative on January 1, 2018.
SEC. 2. Section 1503.3 is added to the Health and Safety Code, to
read:
1503.3. (a) For the purposes of this section, the terms
"accessible cord" and "corded window covering" have the same meaning
as in Section 22948.8 of the Business and Professions Code.
(b) A facility licensed or certified pursuant to this chapter that
serves children under six years of age shall not install any corded
window covering in the facility.
(b)
( c) By January 1, 2019, every facility
licensed or certified pursuant to this chapter that serves children
under six years of age shall remove all corded window coverings or
make the accessible cord inaccessible through the use of an
effective passive guarding device, such as a cord cover.
retrofit the corded window coverings as soon as is reasonably
possible with repair kits that are approved by either the
United States Consumer Product Safety Commission or the Window
Covering Safety Council.
(d) If a person or facility fails to comply with this section, the
department may require replacement of existing corded window
coverings with cordless window coverings that meet the requirements
of the 2012 American National Standard for Safety of Corded Window
Covering Products adopted by the United States Consumer Product
Safety Commission consistent with the procedures under the federal
Consumer Product Safety Act (Public Law 92-573) and any successor
standards.
SEC. 3. Section 1596.848 is added to the Health and Safety Code,
to read:
1596.848. (a) For the purposes of this section, the terms
"accessible cord" and "corded window covering" have the same meaning
as in Section 22948.8 of the Business and Professions Code.
(b) A child day care facility that serves children under six years
of age shall not install any corded window covering in the facility.
(b)
( c) By January 1, 2019, a child day care
facility that serves children under six years of age shall remove all
corded window coverings or make the accessible cord
inaccessible through the use of an effective passive guarding device,
such as a cord cover. retrofit the corded window
coverings as soon as is reasonably possible with repair kits that are
approved by either the United States Consumer Product Safety
Commission or the Win dow Covering Safety Council.
(d) If a person or facility fails to comply with this section, the
department may require replacement of existing corded window
coverings with cordless window coverings that meet the requirements
of the 2012 American National Standard for Safety of Corded Window
Covering Products adopted by the United States Consumer Product
Safety Commission consistent with the procedures under the federal
Consumer Product Safety Act (Public Law 92-573) and any successor
standards.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.