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NEW JERSEY REGISTER
VOLUME 39, ISSUE 23
ISSUE DATE: DECEMBER 3, 2007
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS

Proposed New Rule: N.J.A.C. 13:45A-24A
Click here to view Interested Persons Statement

Flame Resistance Standards

Authorized By: New Jersey Division of Consumer Affairs, Lawrence Demarzo, Acting Director.
Authority: N.J.S.A. 2A:123-18.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2007-346.
Submit written comments by February 1, 2008 to
:

Lawrence Demarzo, Acting Director
Office of the Director
New Jersey Division of Consumer Affairs
124 Halsey Street
P.O. Box 45027
Newark, NJ 07101

The agency proposal follows:

Summary

N.J.S.A. 2A:123-16 et seq., specifically N.J.S.A. 2A:123-17, makes it unlawful to sell any tent or sleeping bag that is not classified by the director of the Division of Consumer Affairs as being flame resistant according to standards promulgated by the director. N.J.S.A. 2A:123-18 authorizes the director to establish flame resistance standards for tents and sleeping bags. Although N.J.S.A. 2A:123-16 et seq. was enacted by P.L. 1975, c. 286, it was not until a recent inquiry from an attorney doing a survey of State tent and sleeping bag flammability standards that the Division became aware that subtitle 10 of Title 2A of N.J.S.A., covering crimes, included provisions implicating the Division. It prohibits the sale of tents and sleeping bags not meeting flammability standards adopted by the Division and provides civil penalties exclusively. The director is proposing new rules under a new subchapter, N.J.A.C. 13:45-24A, implementing N.J.S.A. 2A:123-16 et seq. Proposed new rule N.J.A.C. 13:45A-24A.1 defines tents and sleeping bags. Tents used for purposes other than recreational camping purposes are subject to the Uniform Fire Code, which is administered by the Department of Community Affairs (see N.J.A.C. 5:70-2.7(a)3xv). Accordingly, tents covered by the proposed new rules are limited to those used for recreational camping purposes.

In 1980, the Industrial Fabrics Association International (formerly the Canvas Products Association) published "A Specification for Flame Resistant Materials Used In Camping Tentage," referred to as CPAI-84. The U.S. Consumer Product Safety Commission (CSPC) has not adopted a flammability standard for recreational tents. CPAI-84 has become the standard widely used in the industry and has been adopted by California (19 CCR 332) and other states. The CPAI-84 standard provides test methods for evaluating flame resistance of fabric and other pliable materials in camping tentage. It also provides performance criteria and certification guidelines for suppliers and labeling requirements that identify a tent as being constructed of flame resistant material and caution against action detrimental to the flame-retardant finishes. The rule proposed in N.J.A.C. 13:45A-24A.2(a) adopts CPAI-84 as the flame resistance standard for recreational tents.

The CSPC and many states have adopted flammability standards for mattresses and mattress pads from which sleeping bags are excluded. The CSPC has not adopted a flammability standard for sleeping bags. Rather, the CPSC refers inquiries about the flame resistance standard for sleeping bags to the industry standard, which is CPAI-75. CPAI-75, published by the Industrial Fabrics Association International, provides a test method and performance requirements for measuring flammability, that is, the burn rate, of sleeping bags, which use various materials and provides labeling requirements to facilitate the identification of products conforming to this standard.

Copies of CPAI-84 and CPAI-75 are available for purchase at the Industrial Fabrics Association International bookstore: http://www.bookstore.ifai.com or 1-800-207-0729. The Division has consulted with the Department of Community Affairs' Divisions of Fire Safety and Codes and Standards, which found the standards acceptable. The Division has determined that the comment period for this proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

Since the proposed rules adopt the industry standards used for labeling substantially all of the recreational tents and sleeping bags offered for sale to the public, the adoption of these standards in New Jersey will have little impact. In fact, the website of the Outdoor Industry Association, http://www.outdoorindustry.org, lists New Jersey among states legally requiring tents to meet the flammability standards of CPAI-84.

Economic Impact

The Division does not believe that the proposed rules will have any economic impact since the proposed rules adopt the nationally recognized standards used on substantially all of the tents and sleeping bags sold in the State. If a seller of tents or sleeping bags were to have items not meeting the standards of the proposed amendments they would not be able to sell them.

Federal Standards Statement

A Federal standards analysis is not required because the proposed rules are not subject to any Federal standards or requirements. The Consumer Product Safety Commission has not adopted flammability standards for either tents or sleeping bags.

Jobs Impact

Since the standards to be adopted in the proposed new rules are already used for tents and sleeping bags sold in New Jersey, the Division does not anticipate that the proposed rules will increase or decrease jobs in the State.

Agriculture Industry Impactv The proposed rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Some sellers of tents or sleeping bags may be small businesses. By virtue of N.J.S.A. 2A:123-16 et seq., sellers of tents or sleeping bags are permitted to sell only those products that meet the standards to be adopted in the proposed new rules. Since substantially all of the tents and sleeping bags sold in New Jersey already meet the standards proposed, the Division believes that sellers of tents and sleeping bags already meet the compliance requirements. The economic impact of the restrictions and compliance requirements are discussed under the Economic Impact statement above. The Division believes that since the flammability of tents and sleeping bags is a matter of public safety, no distinction based on the size of the seller is appropriate. The proposed rule imposes no reporting or recordkeeping requirements. Professional services are not required for compliance.

Smart Growth Impact

The Division does not believe that the proposed rules will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposed new rule follows:

SUBCHAPTER 24A. FLAME RESISTANCE STANDARDS FOR TENS AND SLEEPING BAGS

13:45A-24A.1 Definitions

The following words and terms when used in this subchapter shall have the following meanings unless the context indicates otherwise:

"Sleeping bag" means a bag providing warmth and insulation that may be lined or padded and is normally designed for sleeping outdoors or in a camp or tent.

"Tent" means a collapsible shelter, for one or more persons, of canvas or other material, either natural or synthetic or any combination thereof, stretched and sustained by poles or rope and intended for recreational camping outdoors.

13:45A-24A.2 Flame resistance standards

(a) For the purposes of N.J.S.A. 2A:123-16 et seq., a tent that at least meets the flammability standards for tents of the Industrial Fabric Association International CPAI-84 (1995 edition), including any subsequent revisions, incorporated in this rule by reference, shall be classified as being flame resistant.

(b) For the purposes of N.J.S.A. 2A:123-16 et seq., a sleeping bag that at least meets the flammability standards for sleeping bags of the Industrial Fabric Association International CPAI-75 (1976 edition), including any subsequent revisions, incorporated in this rule by reference, shall be classified as being flame resistant.

(c) Copies of CPAI-84 and CPAI-75 are available for purchase at the Industrial Fabrics Association International bookstore: http://www.bookstore.ifai.com or 1-800-207-0729.



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