Bill Text: NY A02150 | 2021-2022 | 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 10-0)

Status: (Passed) 2022-12-28 - approval memo.77 [A02150 Detail]

Download: New_York-2021-A02150-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2150--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, GUNTHER, WEPRIN, FAHY --
          Multi-Sponsored by -- M. of A. 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 committee

        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 cord with a series of small spheres,  typi-
     8  cally made of metal or plastic.
     9    (b)  "Cord  loop"  means  a loop formed by an inner cord that does not
    10  diminish in size when the force used to create the loop is removed.
    11    (c) "Cordless window covering" means:
    12    (i) a horizontal blind or cellular shade that has no draw cord and the
    13  internal lift cord runs in the slats of the horizontal blind so that the
    14  cord is incapable of forming a loop greater than 4  inches  in  diameter
    15  resulting in a 12-inch maximum circumference;
    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;
    19    (iii) a vertical blind that has a wand as its operating mechanism  and
    20  does  not  contain any beaded chains, corded pulleys, or other cord loop
    21  operating mechanisms; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00337-03-1
        A. 2150--A                          2

     1    (iv) a roller shade that does not contain a cord or beaded chain.
     2    (d) "Draw cord" means any form of rope, strap, or string used to raise
     3  or lower a window covering.
     4    (e)  "Internal  lift  cord"  means a cord that is contained inside the
     5  body and rails of the blind or shade.
     6    (f) "Wand" means a rigid material used for manual operation.
     7    2. Any child day care center as defined in paragraph (c)  of  subdivi-
     8  sion one of section three hundred ninety of this title or any authorized
     9  agency  as  defined in paragraph (a) of subdivision ten of section three
    10  hundred seventy-one of this title including any agency boarding home  or
    11  group  home installing new or replacement window coverings shall install
    12  cordless window coverings or window coverings with  inaccessible  opera-
    13  tional and inner cords.
    14    3.  Any  child day care center as defined in paragraph (c) of subdivi-
    15  sion one of section three hundred ninety of this title or any authorized
    16  agency as defined in paragraph (a) of subdivision ten of  section  three
    17  hundred  seventy-one of this title including any agency boarding home or
    18  group home that has window coverings in place  prior  to  the  effective
    19  date  of  this  section,  shall  meet  the  requirements  of ANSI/WCMA A
    20  100.1-2018 or any successor standard thereto, including standards for:
    21    (a) Roman  shades,  roll-up  shades,  woven  shades,  and  all  window
    22  coverings with exposed and unsecured cords;
    23    (b)  horizontal blinds, cellular shades, and all window coverings that
    24  have exposed draw cords for their operation; and
    25    (c) vertical blinds and other  window  covering  products  with  loops
    26  utilized in their operation.
    27    4.  If  a  person fails to comply with the requirements of subdivision
    28  three of this section, the authorized agency may require replacement  of
    29  existing  window  coverings  with  cordless  window  coverings or window
    30  coverings with inaccessible operational and inner cords.
    31    § 3. This act shall take effect twenty-four months after it shall have
    32  become a law.   Effective immediately, the  addition,  amendment  and/or
    33  repeal  of  any  rule  or regulation necessary for the implementation of
    34  this act on its effective date are authorized to be made  and  completed
    35  on or before such effective date.