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Morris: FR rules on track

By David Perry -- Furniture Today, November 30, 2003

The chief of the California Bureau of Home Furnishings believes the state is on track to begin enforcing a pending mattress flammability regulation on Jan. 1, 2005.

"There is absolutely no reason to think the January 2005 enforcement date will change," Lynn Morris told Furniture/Today.

She took exception to a report by the International Sleep Products Assn. that said California Gov. Arnold Schwarzenegger's order for a regulatory freeze "might affect" the bureau's plans to enforce the fire-safety standard. "This is not a delay," Morris said. "It is just a review."

Schwarzenegger's executive order suspended all pending regulatory actions in California for up to 180 days, which includes California's pending regulations on mattress flammability. He said "the increased costs associated with California's regulatory environment have diminished competitiveness in the national and global marketplaces for the state's goods and services."

The order authorizes the state's finance director to make exceptions to the suspension for emergencies or for health and safety reasons. ISPA said the mattress legislation might be exempt from the freeze because it addresses health and safety issues.

Morris doesn't believe the review will slow the state's push to regulate mattress flammability. "I don't anticipate anything unusual happening with this other than a review," she said, adding it is not unusual for a new governor to make reviews of this nature.

Morris also said the U.S. Consumer Product Safety Commission is studying California's request that CPSC adopt California's pending flammability standards. That would eliminate California's need to seek an "exemption from pre-emption" from CPSC and would keep the issue moving ahead in California, Morris said.

She expects the California standards to become final by late this month or early in January 2004.

Morris expressed confidence that California's flammability push will remain on track. The proposed open-flame standards would be the nation's most stringent, sparking a massive effort by the bedding industry to study flammability issues in preparation for introducing mattresses with significantly improved fire resistance.

"This is not the kind of regulatory package that will be stopped," she said.

Schwarzenegger's election could affect the bureau in another way. Morris, a gubernatorial appointee, said she's gotten no indication whether she will remain in her post. "I would very much like to stay," she said.

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