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Wait on federal FR rules may be longer than hoped

David Perry, Executive Editor -- Furniture Today, January 29, 2006

The staff of the U.S. Consumer Product Safety Commission has unveiled a document the bedding industry has been anxiously awaiting. Did I say document? Make that documents. One key section alone runs to 221 pages.

The documents comprise the briefing package on a federal mattress flammability standard. They call for a standard to go into effect on July 1, 2007, later than many in the industry expected.

The proposed standard is similar to one already on the books in California — which is working well, we're happy to report — but imposes a tougher requirement on how robustly a mattress must resist flames in the first 10 minutes of a burn test.

Given the sheer size of the briefing package and the complexity of the mattress flammability issue, key FR players studied the materials carefully. Those who worked closely with CPSC on the development of the standard, including the International Sleep Products Assn. and Sealy, reacted positively to the staff proposal. The industry was heard on a number of points.

I did hear some notes of unhappiness, however, on the proposed implementation date of July 1, 2007. Some suppliers of FR materials wondered why the staff proposed that later date, rather than Jan. 1, or one in February or March of next year. Since the CPSC is acting to protect lives lost in mattress fires, time is life on this issue.

There was some initial uncertainty about exactly what implementation date the staff was proposing. The staff report spoke of January or July, but the proposed FR rule itself calls for a July 1 implementation. ISPA staff helpfully pointed me to that section of the filing, which, I confess, I had overlooked in my quick perusal through the reams of copy.

The fact the industry now has a fairly firm implementation date — subject to approval by the CPSC itself, of course — is a big plus. Uncertainty is never welcome in business. We have all been waiting for years to learn when a federal standard will go into effect. In just a few weeks, we should know.

Industry momentum to shift to FR-protected bedding is clearly building. Sealy is making a big FR push, first with its Stearns & Foster line last fall, and now with its new Posturepedic line debuting this week in Las Vegas.

Sealy's Mike Murray, vice president and legal counsel, told us that open-flame mattress protection is becoming an industry standard, and can and should be adopted by the entire industry before a federal standard goes into effect. He's right.

We hope other majors will move ahead soon with FR lines. Open-flame mattress protection will save lives. The FR bandwagon is picking up steam. All aboard!

Contact David Perry at dperry@reedbusiness.com

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