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Feds Propose New Furniture Fire Rule

Safety agency has been struggling with the proposal for years

February 4, 2008

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The U.S. Consumer Product Safety Commission (CPSC) is proposing a new mandatory standard to address residential upholstered furniture fires.

The goal of the proposed standard is to prevent ignition or slow the spread and intensity of upholstered furniture fires. These fires cost the U.S. about $1.6 billion each year.

CPSC staff estimates the proposed standard, once fully effective, would prevent 100 deaths and 130 injuries every year.

"Fires involving upholstered furniture are a leading cause of fire-related deaths in U.S. homes," said CPSC Acting Chairman Nancy Nord. "Stopping a furniture fire in its tracks or slowing its spread would buy consumers precious time to get out of their homes."

Under the proposal, manufacturers could meet the performance standard by using smolder-resistant cover fabrics or interior fire resistant barriers to protect the furniture's internal filling material, which is the primary fuel in an upholstered furniture fire.

Because the CPSC's objective is to reduce the fire risk in upholstered furniture without requiring the use of fire retardant chemicals, manufacturers will not be required to use chemicals to meet the proposed standard.

In its environmental assessment, CPSC staff projects most manufacturers and importers would likely choose options that do not involve fire retardants in fabrics or filling materials.

Just in time

The commission issued the rule just in time, late last week. Its authority to propose new rules and impose big fines expired at midnight Feb. 2.

The beleaguered agency has been trying to pass tougher flammability standards for upholstered furniture for years, as well as stricter rules for All-Terrain Vehicles (ATVs). But it may not be able to do so before its temporary operating authority expires on Feb. 3.

The agency needs three commissioners to enact new rules or impose major fines. But its last chairman, Hal Stratton, quit abruptly in July 2006 to become a lobbyist and Michael Baroody, the lobbyist the Bush White House proposed as a replacement, quit in May 2007 before the Senate could vote on his nomination.

Congress came to the rescue last summer, giving the agency a six-month reprieve, but it expires in less than two weeks and it's not certain that Congress -- distracted by an imploding economy -- will grant an extension.

Even if Congress passes new legislation to boost the agency's power, the Bush White House may sit on its hands, declining to nominate new commission members.

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