National FR regs in 2007?
By David Perry -- Furniture Today, March 14, 2005
Alexandria, Va. — The International Sleep Products Assn. says a U.S. national mattress flammability standard may not take effect until January 2007.
ISPA shared that assessment with its members last week in an online update. It is the first public attempt by the industry to predict a compliance date in the wake of developments at the U.S. Consumer Product Safety Commission, which would implement any regulations.
The industry had been assuming that a national standard would take effect in mid-2006. But that timing appeared less likely when a CPSC official said at a flammability workshop in Greensboro, N.C., this month that any future action would have to wait until a new CPSC commissioner takes office. It's unclear how long it will take the likely nominee, Nancy Ann Nord, to win confirmation.
The CPSC official also said Nord may need time to get up to speed on the mattress issue.
Industry insiders believe a national standard will be similar to existing regulations in California, which began enforcing a stringent new open-flame mattress flammability standard on Jan. 1.
In a report to ISPA members, Ryan Trainer, the association's executive vice president and general counsel, addressed the flammability issues.
"It is unclear at this moment when manufacturers must comply with the new standard," he wrote, "but it is highly unlikely for several reasons that the new rule will become effective before July 2006 — with January 2007 being a more likely compliance date."
Meanwhile, ISPA and its Sleep Products Safety Council joined five other witnesses in presenting testimony earlier this month at a CPSC hearing on the mattress standard.
Trainer said ISPA and the SPSC support the product performance criteria and test method proposed by CPSC. He also said the proposed standard should clearly state that imported mattresses and foundations are subject to the same requirements as U.S.-made products.
In addition, Trainer said the commission should consider rescinding the existing cigarette-ignition standard once the open-flame standard becomes effective. He also said the CPSC "should make clear that the proposed standard preempts state requirements that address mattress flammability risks."
Al Klancnik, group vice president of Serta International, testified that Serta was "the first and only national mattress manufacturer with open-flame resistance protection in all its lines across the country."
He added, "As a corporate citizen, Serta believes that this is the responsible action to take on behalf of consumers for two simple reasons: The need is pressing and the technology is available to achieve it. Since open-flame resistant mattresses can help save lives in a bedroom fire, we contend that consumers deserve these safer mattresses now from all mattress manufacturers, not only Serta — and not just in California where it is mandated, but within all 50 states."
He said that, based on Serta's experience, CPSC's proposed federal standard "is both realistic and attainable for the mattress industry."
Also testifying was Steve Wolf, vice president of Jones Fiber Products. He said cotton-based batting treated with boric acid "has been a leader in delivering good performance in fire barriers at very competitive prices." He said his company is accumulating scientific data that will "prove conclusively ... that cotton batting incorporating boric acid presents absolutely no health or safety risk to the consumer and is durable in the home setting."
