Illinois General Assembly - Full Text of HB5407
Illinois General Assembly

Previous General Assemblies

Full Text of HB5407  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Michael Kelly


425 ILCS 45/1002  from Ch. 127 1/2, par. 951-2
425 ILCS 45/1003  from Ch. 127 1/2, par. 951-3
425 ILCS 45/1004  from Ch. 127 1/2, par. 951-4
425 ILCS 45/1006  from Ch. 127 1/2, par. 951-6
425 ILCS 45/1007  from Ch. 127 1/2, par. 951-7
425 ILCS 45/1008  from Ch. 127 1/2, par. 951-8
425 ILCS 45/1005 rep.

    Amends the Furniture Fire Safety Act. Replaces references to seating furniture with references to furnishing. Makes changes to provisions regarding definitions. Repeals provisions regarding appointing members to an Advisory Board under the Act. Makes other changes.

LRB102 22640 CPF 35439 b





HB5407LRB102 22640 CPF 35439 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Furniture Fire Safety Act is amended by
5changing Sections 1002, 1003, 1004, 1006, 1007, and 1008 as
7    (425 ILCS 45/1002)  (from Ch. 127 1/2, par. 951-2)
8    Sec. 1002. As used in this Act:
9    (a) "Sell" or any of its variants means and includes any of
10or any combination of the following: to sell, offer or expose
11for sale, barter, trade, deliver, give away, rent, consign,
12lease, or possess with an intent to sell or dispose of in any
13other commercial manner.
14    (b) "Furnishing" "Seating furniture" means any furniture,
15including children's furniture, movable or stationery, which
16(1) is made of or with cushions or pillows, loose or attached,
17(2) is itself stuffed or filled in whole or in part with any
18filling material, (3) is or can be stuffed or filled in whole
19or in part with any substance or material, hidden or concealed
20by fabric or any other covering, including cushions or pillows
21belonging to or forming a part thereof, together with the
22structural units, the filling material and its container and
23covering which can be used as a support for the body of a human



HB5407- 2 -LRB102 22640 CPF 35439 b

1being, or the limbs and feet when sitting or resting in an
2upright or reclining position, including, but not limited to,
3a covered or uncovered pad or topper placed on top of a
4furnishing or bed as extra padding or support, but not
5including a mattress.
6    (c) "Filling material" means cotton, wool, kapok,
7feathers, down, hair, liquid, or any other material or
8substance, natural or man-made, or any other prefabricated
9form, concealed or not concealed, to be used or that could be
10used in furnishings articles of seating furniture.
11    (d) "Manufacturer" means a person who, either by himself
12or through employees or agents, makes any furnishing article
13of seating furniture in whole or in part.
14    (e) "Public occupancies" means:
15        (1) Penal institutions such as jails Jails, prisons,
16    correctional centers, and transitional centers penal
17    institutions;
18        (2) Hospitals, mental health facilities, and similar
19    health care facilities;
20        (3) Nursing care and rehabilitation centers
21    convalescent homes;
22        (4) Child day care centers;
23        (5) Public auditoriums, theaters, arenas, gymnasiums,
24    and stadiums; and
25        (6) Public assembly areas of hotels and motels
26    containing more than 10 furnishings; and articles of



HB5407- 3 -LRB102 22640 CPF 35439 b

1    seating furniture.
2        (7) Public assembly areas of assisted living
3    facilities containing more than 10 furnishings.
4    (f) "NFPA" means the National Fire Protection Association.
5(Source: P.A. 86-631.)
6    (425 ILCS 45/1003)  (from Ch. 127 1/2, par. 951-3)
7    Sec. 1003. (a) Furnishings Articles of seating furniture,
8other than juvenile furnishings and furnishings furniture and
9furniture used for and in facilities designed for the care or
10treatment of humans, which meet any of the following criteria
11are exempt from compliance with the provisions of this Act:
12        (1) Cushions and pads intended solely for outdoor use.
13        (2) Any article which has a is smooth surface surfaced
14    and contains no more than one-half inch of filling
15    material, if such article does not have a horizontal
16    surface meeting a vertical surface.
17        (3) Articles manufactured solely for recreational use
18    or physical fitness purposes, such as weightlifting
19    benches, indoor or outdoor multilevel play structures,
20    gymnasium mats or pads, gymnastics equipment sidehorses,
21    and similar articles.
22    (b) Public occupancies and public assembly areas as
23defined in subsection (e) of Section 1002 that are fully
24protected by sprinkler systems in accordance with either
25National Fire Protection Association (NFPA) Standard 13:



HB5407- 4 -LRB102 22640 CPF 35439 b

1Standard for the Installation of Sprinkler Systems, as
2amended, or Uniform Building Code Standard 38-1 are exempt
3from the provisions of this Code, but must comply with rules
4adopted under this Act test requirements as set forth in the
5State of California, Bureau of Home Furnishings Technical
6Bulletin Number 117, as amended, and Technical Bulletin Number
7116, as amended, entitled respectively "Requirements, Test
8Procedures and Apparatus for Test Procedures and Apparatus for
9Testing the Flame Retardance of Filling Materials Used in
10Upholstered Furniture" and "Test Procedures and Apparatus for
11Testing the Flame Retardance of Upholstered Furniture".
12(Source: P.A. 86-631; 87-129.)
13    (425 ILCS 45/1004)  (from Ch. 127 1/2, par. 951-4)
14    Sec. 1004. (a) The Office of the State Fire Marshal has the
15duty to administer and enforce this Act in accordance with the
16laws of this State.
17    (b) The Office of the State Fire Marshal shall adopt rules
18and regulations necessary for the administration and
19enforcement of this Act within 6 months after the effective
20date of this Act. The rules and regulations shall be in
21conformity with the flammability testing and labeling
22procedures for seating furniture for use in public occupancies
23as published in Technical Bulletin 133, as amended, State of
24California Bureau of Home Furnishings and Thermal Insulation.
25The Office of the State Fire Marshal shall periodically add,



HB5407- 5 -LRB102 22640 CPF 35439 b

1delete, revise and update such rules and regulations as may
2from time to time be required to conform with the requirements
3of Technical Bulletin 133.
4    (c) (Blank). All rules and regulations adopted by the
5State Fire Marshal shall become effective not earlier than 90
6days from adoption.
7(Source: P.A. 86-631; 87-129.)
8    (425 ILCS 45/1006)  (from Ch. 127 1/2, par. 951-6)
9    Sec. 1006. This Act applies to all furnishings seating
10furniture manufactured on or after September 1, 1989 that are
11the effective date of this Act which is sold or intended for
12use in public occupancies in this State regardless of their
13its point of origin. After September 1, 1989 the effective
14date of this Act, this Act prohibits the sale for use in a
15public occupancy of any furnishing that seating furniture
16which fails to conform to the applicable flammability standard
17or labeling requirement set forth in this Act or rules adopted
18under this Act.
19(Source: P.A. 86-631.)
20    (425 ILCS 45/1007)  (from Ch. 127 1/2, par. 951-7)
21    Sec. 1007. All applicable flammability requirements of
22this Act or the rules promulgated hereunder are to be
23considered performance standards. Testing under these
24standards shall be at the discretion of the manufacturer;



HB5407- 6 -LRB102 22640 CPF 35439 b

1however, products and materials offered for sale in this State
2shall meet applicable flammability requirements established
3pursuant to this Act or rules adopted under this Act. The
4Office of the State Fire Marshal may inspect or audit any such
5testing of furnishings seating furniture as is deemed
6necessary under this Act.
7(Source: P.A. 86-631.)
8    (425 ILCS 45/1008)  (from Ch. 127 1/2, par. 951-8)
9    Sec. 1008. The Office of the State Fire Marshal has the
10authority to institute a civil action or proceeding to enjoin
11the use in the State of any furnishing that seating furniture
12which has not met the tests or , criteria , or rules and
13regulations of this Act or rules adopted under this Act and
14that is sold or intended for use in public occupancies.
15(Source: P.A. 86-631.)
16    (425 ILCS 45/1005 rep.)
17    Section 10. The Furniture Fire Safety Act is amended by
18repealing Section 1005.