Bill Text: NY A00168 | 2019-2020 | General Assembly | Amended

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Bill Title: Establishes "Brendan's law"; requires child day care centers and certain other facilities installing new or replacement window coverings to install cordless window coverings; requires child day care centers and certain other facilities that have window coverings in place before the effective date of this section to meet safety standards established in ANSI/WCMA A 100.1-2012 or any successor standard.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [A00168 Detail]

Download: New_York-2019-A00168-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         168--B
                                                                  Cal. No. 6

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced   by  M.  of  A.  L. ROSENTHAL,  DINOWITZ,  GUNTHER,  WEPRIN,
          BUCHWALD, JAFFEE, FAHY, D'URSO --  Multi-Sponsored  by  --  M.  of  A.
          ARROYO,  COOK,  ENGLEBRIGHT,  PERRY  --  read once and referred to the
          Committee on Children  and  Families  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- ordered to a third  reading,  amended  and  ordered  reprinted,
          retaining its place on the order of third reading

        AN  ACT  in  relation  to  establishing  Brendan's law; and to amend the
          social  services  law,  in  relation  to  requiring  cordless   window
          coverings in child day care centers and certain other facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and  may  be  cited  as  "Brendan's
     2  Law".
     3    §  2. The social services law is amended by adding a new section 390-m
     4  to read as follows:
     5    § 390-m. Cordless window coverings required. 1. For purposes  of  this
     6  section the following terms shall have the meanings set forth below:
     7    (a)  "Beaded chain" means a series of small spheres, equally spaced on
     8  a cord or connected by metal shafts used to raise  and  lower  a  window
     9  covering.
    10    (b)  "Cord loop" means a curving or doubling of a beaded chain or cord
    11  to form a closed loop.
    12    (c) "Cordless window covering" means:
    13    (i) a horizontal blind or cellular shade that has no draw cord and the
    14  internal lift cord runs in the slats of the horizontal blind so that the
    15  cord is incapable of forming a loop greater than 7.25 inches;
    16    (ii) a Roman shade, roll-up blind, or woven shade  that  has  no  draw
    17  cord and the lift cord is completely enclosed so that it is not accessi-
    18  ble;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00521-06-0
        A. 168--B                           2

     1    (iii)  a vertical blind that has a wand as its operating mechanism and
     2  does not contain any beaded chains, corded pulleys, or other  cord  loop
     3  operating mechanisms; and
     4    (iv) a roller shade that does not contain a cord or beaded chain.
     5    (d) "Draw cord" means any form of rope, strap, or string used to raise
     6  or lower a window covering.
     7    (e)  "Internal  lift  cord"  means a cord that is contained inside the
     8  body and rails of the blind or shade.
     9    (f) "Wand" means a rod used to:
    10    (i) rotate a vertical blind; or
    11    (ii) tilt a horizontal blind.
    12    2. Any child day care center as defined in paragraph (c)  of  subdivi-
    13  sion one of section three hundred ninety of this title or any authorized
    14  agency  as  defined in paragraph (a) of subdivision ten of section three
    15  hundred seventy-one of this title including any agency boarding home  or
    16  group  home installing new or replacement window coverings shall install
    17  cordless window coverings or window coverings with  inaccessible  opera-
    18  tional and inner cords.
    19    3.  Any  child day care center as defined in paragraph (c) of subdivi-
    20  sion one of section three hundred ninety of this title or any authorized
    21  agency as defined in paragraph (a) of subdivision ten of  section  three
    22  hundred  seventy-one of this title including any agency boarding home or
    23  group home that has window coverings in place  prior  to  the  effective
    24  date  of  this  section,  shall  meet  the  requirements  of ANSI/WCMA A
    25  100.1-2012 or any successor standard thereto, including standards for:
    26    (a) Roman  shades,  roll-up  shades,  woven  shades,  and  all  window
    27  coverings with exposed and unsecured cords;
    28    (b)  horizontal blinds, cellular shades, and all window coverings that
    29  have draw cords for their operation; and
    30    (c) vertical blinds and other  window  covering  products  with  loops
    31  utilized in their operation.
    32    4.  If  a  person fails to comply with the requirements of subdivision
    33  three of this section, the authorized agency may require replacement  of
    34  existing  window  coverings  with  cordless  window  coverings or window
    35  coverings with inaccessible operational and inner cords.
    36    § 3. This act shall take effect twenty-four months after it shall have
    37  become a law.   Effective immediately, the  addition,  amendment  and/or
    38  repeal  of  any  rule  or regulation necessary for the implementation of
    39  this act on its effective date are authorized to be made  and  completed
    40  on or before such effective date.