S.I. No. 336/1988 - Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1988.

S.I. No. 336 of 1988.

INDUSTRIAL RESEARCH AND STANDARDS (FIRE SAFETY) (DOMESTIC FURNITURE) ORDER, 1988.

I, RAY BURKE, Minister for Industry and Commerce in exercise of the powers conferred on me by Section 44 of the Industrial Research and Standards Act, 1961 (No. 20 of 1961), hereby order as follows:—

1 Citation and Commencement.

1. (1) This Order may be cited as the Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1988.

(2) Save as is otherwise expressly provided herein, this Order shall come into operation on the 15th day of December, 1988.

2 Interpretation.

2. (1) In this Order, save where the context otherwise requires—

"the cigarette test" means the test specified in Clause 7 of I.S. 244:1980 as modified by Schedule 4 to I.S. 419:1988;

"composite filling", "foam filling" and "non-foam filling material" have the same meanings, respectively, as in I.S. 419:1988;

"cushions" means scatter cushions and cushions of the kind commonly used on the seats of wooden chairs but does not include polyurethane foam in slab or cushion form;

"display label" has the meaning assigned to it by Paragraph 5;

"dwelling" includes a caravan, but does not include a boat, or other vessel or a motor vehicle;

"filling material" means any material used for filling or stuffing the upholstered parts of furniture or for filling, bulking-out or stuffing such articles as cushions, mattresses and pillows;

"furniture" has the meaning assigned to it by Paragraph 3;

"the ignition test" means the test specified in Schedule 3 to I.S. 419:1988;

"I.S. 244:1980" means Irish Standard 244:1980;

"I.S. 419:1988" means Irish Standard 419:1988;

"the match test" means the test specified in Part I or II, as may be appropriate, of Schedule 5 to I.S. 419:1988;

"second hand furniture" means furniture that has previously been sold to any person who acquired it otherwise than for the purposes of a business consisting of or including dealing in furniture and references in the subsequent provisions of this Order to the sale of second-hand furniture do not include reference to such sale that is otherwise than in the course of a business consisting of or including dealing in second-hand furniture;

"permanent cover" means covers supplied with furniture or second-hand furniture but does not include a loose cover, stretch cover or a replacement cover;

"permanent label" has the meaning assigned to it by Paragraph 4;

"upholstered furniture" means furniture or second-hand furniture with a permanent cover that is filled, stuffed or padded in any way.

(2) In this Order—

(a) a reference to a Paragraph is a reference to a Paragraph of this Order unless it is indicated that reference to some other instrument is intended, and

(b) a reference to a subparagraph is a reference to the subparagraph of the Paragraph in which the reference occurs unless it is indicated that reference to some other Paragraph is intended.

3 "Furniture".

3. In this Order, except where the context requires other wise, "furniture" means—

(a) subject to paragraph (c), furniture of any description which is ordinarily intended for use in a dwelling and includes beds and divans (including the bases and headboards of both), sofa beds, children's furniture, cots (including carry-cots, playpens, perambulators and pushchairs and other articles of a like nature and use designed to contain a baby or small child), cushions, high chairs, mattresses and pillows but does not include bedding or floor coverings (including carpets and mats),

(b) a collection of components designed or intended to be assembled into any article of furniture specified in subparagraph (a), and

(c) as respects periods beginning on or after the 1st day of March, 1990—

(i) furniture ordinarily intended for private use in the open air but that is also suitable for use in a dwelling, and

(ii) furniture that is ordinarily intended to be affixed to and to form part of a caravan,

but does not include:

(I) furniture manufactured before the 1st day of January, 1950;

(II) materials used for recovering or re-upholstering furniture manufactured before the 1st day of January, 1950;

(III) furniture intended to be exported, or

(IV) second-hand furniture.

4 "Permanent Label".

4. (1) (a) In this Order, subject to the provisions of this Paragraph, "permanent label" means a label that complies with the following provisions of this Paragraph, that is to say:

(i) is durable and is securely attached to the article concerned in such manner as not to obscure or cover any other label or any mark on the article,

(ii) in the case of a cover, is attached to any part of the cover and, in the case of other articles, is attached to the external surface of the article,

(iii) in the case of articles sold as a group, suite or collection or of covers so sold, is attached to each piece or cover, and

(iv) bears in words and numbers that are visible and legible to any person inspecting the article, are durable and are on a background of a colour that is sufficiently contrasting to enable the words and numbers to be clearly seen, either the following, that is to say:

(A) the words "CARELESSNESS CAUSES FIRE" in distinctive, bold capital letters,

(B) the name and address of the principal place of business of the manufacturer or importer who first supplied the article in the State,

(C) the manufacturer's batch number or identification number for the article,

(D) the date of manufacture of the article or, if it was imported into the State in finished form, the date of such importation,

(E) a description of any filling materials in the article,

(F) in case the article is a cover or a cover is included in the article, a description of the materials of which the cover is made, and

(G) in case the article includes an interliner, a statement as to whether or not the interliner has passed the ignition test;

or, if the specified person in relation to the article complies with the conditions specified in clause (b) (ii) of this subparagraph, the following, that is to say:

(I) the words "CARELESSNESS CAUSES FIRE" in distinctive, bold capital letters,

(II) the manufacturer's batch number or identification number for the article,

(III) in case the article includes an interliner, a statement as to whether or not the interliner has passed the ignition test, and

(IV) in case the article contains filling material, is upholstered or is or includes a cover, a statement, as appropriate, that the filling material is in compliance with clauses 3 and 4 of I.S. 419:1988, that any upholstery is cigarette resistant or that the cover is or, as the case may be, is not fire resistant.

(b) (i) In clause (a) of this subparagraph "specified person", in relation to an article, means—

(I) in case the article was manufactured or assembled in the State, the manufacturer or assembler and any person who sells the article, in the course of a business consisting of or including the sale of furniture, and

(II) in any other case, any person who sells the article in the course of a business consisting of or including the sale of furniture.

(ii) The conditions referred to in clause (a) of this subparagraph are that, subject to subparagraph (3), the specified person maintains at his principal place of business in the State, and makes available there at all reasonable times for inspection by the public, a notice specifying—

(I) in case the article was manufactured or assembled in the State, the name of the manufacturer or assembler and the address of his principal place of business in the State and, in case the article was imported into the State, the name of the importer and the address of his principal place of business in the State,

(II) in case the article was manufactured or assembled in the State, the date of such manufacture or assembly and, in case the article was imported into the State, the date of such importation,

(III) a description of any filling material in the article, and

(IV) if the article is a cover or a cover is included in the article, a description of the materials of which the cover is made.

(2) (a) Subclauses (C), (D), (F) and (G) and (II) and (III) of subparagraph (1) (a) do not apply in relation to a cushion or pillow.

(b) Subclauses (C), (D) and (G) and (II), (III) and (IV) of subparagraph (1) (a) do not apply in relation to—

(i) a cot, carry-cot, play-pen, perambulator or push-chair, or

(ii) any other article the nature and use of which is similar to those of any article specified in subclause (i) of this clause.

(c) Subclauses (C), (D) and (E) and (II) and (III) of subparagraph (1) (a) do no apply in relation to a cover.

(3) (a) Subclauses (II) and (IV) of subparagraph (1) (b) (ii) do not apply in relation to a cushion or pillow.

(b) Subclauses (II) of subparagraph (1) (b) (ii) does not apply in relation to—

(i) cots, carry-cots, play-pens, perambulators or push-chairs, or

(ii) any other article the nature and use of which is similar to those of any article specified in subclause (i) of this clause.

(c) Subclauses (II) and (III) of subparagraph (1) (b) (ii) do not apply in relation to a cover.

5 "Display Label".

5. In this Order "display label" means a label that complies with the following provisions of this Paragraph, that is to say:

(a) is durable and is securely attached to the article concerned in such manner as not to obscure or cover any other label or any mark on the article and to be visible to any person inspecting the article and be capable of having both sides read with as little difficulty as is reasonably practicable,

(b) in the case of articles sold as a group, suite or collection, is attached to each piece,

(c) is substantially in the form (including the shape, size and colours and the size and type of print) of the appropriate label specified in the Schedule to this Order,

(d) in the case of articles to which Paragraph 12 (1) (b) applies that are sold between the 1st day of March, 1989, and the 28th day of February, 1990, is in the form specified in Part I of that Schedule,

(e) in the case of articles to which Paragraph 12 (1) (b) applies that are sold on or after the 1st day of March, 1990, and that—

(i) have filling material that complies with Clauses 3 and 4 of I.S. 419:1988, and

(ii) have permanent covers that pass the match test,

is in the form specified in Part II of that Schedule,

(f) in the case of articles that are sold on or after the 1^st day of March, 1990, that—

(i) have filling material that complies with Clauses 3 and 4 of I.S. 419:1988, and

(ii) have permanent covers that do not pass the match test and interliners that pass the ignition test,

is in the form specified in Part III of that Schedule, and

(g) in the case of second-hand furniture that is sold on or after the 1st day of March, 1990, and before the 1st day of March, 1993, is in the form specified in Part IV of that Schedule.

6 Manufacture and Assembly of Furniture containing Filling Material.

6. (1) It shall be unlawful to manufacture, assemble, repair or restore furniture containing filling material unless the filling material complies with Clauses 3 and 4 of 1. S. 419:1988.

(2) This Paragraph shall come into operation on the 1st day of March, 1989, in respect of furniture containing non-foam filling or composite filling material.

7 Sale of Filling Material.

7. (1) Where there are reasonable grounds for believing that if filling material is sold by a person, it will be used for:

(a) filling a cushion or a pillow, or

(b) for the purpose of upholstering or re-upholstering furniture or second-hand furniture,

it shall be unlawful to sell the material unless it complies with Clauses 3 and 4 of I.S. 419:1988.

(2) This Paragraph shall come into operation on the 1st day of March, 1989, in respect of non-foam filling and composite filling material.

8 Upholstery.

8. (1) It shall be unlawful to manufacture or assemble upholstered furniture (other than mattresses, bed-bases, pillows or cushions) unless the cover and the filling material pass the cigarette test.

(2) This Paragraph shall come into operation on the 1st day of March, 1989.

9 Manufacture and Assembly of Furniture with Permanent Covers.

9. (1) It shall be unlawful to manufacture or assemble furniture (other than mattresses, bed-bases, pillows or cushions) with a permanent cover unless—

(a) the cover passes the match test, or

(b) in the case of furniture having—

(i) a cover containing 75 per cent by weight of cotton, flax, viscose, modal, silk or wool, used separately or together and not coated with polyurethane or a polyurethane preparation, and

(ii) an inter liner between it and the permanent cover,

the inter liner passes the ignition test.

(2) This Paragraph shall come into operation on the 1st day of March, 1990.

10 Manufacture, Assembly and Sale of Replacement Covers

10. (1) It shall be unlawful to manufacture, assemble or sell a stretch cover, a loose cover or any cover or fabric to be used to provide or replace a permanent cover on furniture or second-hand furniture (other than, in each case, mattresses, bed-bases, pillows or cushions) unless—

(a) the cover or fabric passes the match test, or

(b) in the case of a cover (excluding a stretch cover or a loose cover) or fabric containing 75 per cent cent by weight of cotton, flax, viscose, modal, silk or wool, used separately or together and not coated with polyurethane or a polyurethane preparation, the furniture or second-hand furniture has an inter liner between it and the permanent cover that passes the ignition test.

(2) This Paragraph shall come into operation on the 1st day of March, 1990.

11 Labelling of Covering Materials.

11. (1) It shall be unlawful to sell loose covers or stretch covers for furniture (other than mattresses, bed-bases, pillows or cushions) unless the cover bears a permanent label.

(2) This Paragraph shall come into operation on the 1st day of March, 1990.

12 Sale of Furniture.

12. (1) It shall be unlawful to sell furniture unless—

(a) in the case of upholstered furniture other than a mattress or bed-base—

(i) it bears a permanent label, and

(ii) unless it is a pillow or cushion, it passes the cigarette test,

( b ) in the case of furniture sold by retail (other than a mattress, bed-base, pillow or cushion), it bears a display label,

( c ) in the case of furniture that contain filling material, the filling material complies with the requirements of Clauses 3 and 4 of I.S. 419:1988, and

( d ) in the case of furniture with a permanent cover, the cover complies with Paragraph 9.

(2) ( a ) Clauses (a), (b) and (c) of subparagraph (1) (other than subclause (ii) of the said clause (a) in so far as that said clause applies to furniture containing foam filling sold by wholesale) shall come into operation on the 1st day of March, 1989.

( b ) Clause (d) of subparagraph (1) shall come into operation on the 1st day of March, 1990.

13 Second-hand Furniture.

13. (1) It shall be unlawful to sell, before the 1st day of March, 1993, furniture specified in the Industrial Research and Standards (Fire Safety Requirements for Upholstered Furniture) Order, 1980, that has previously been supplied to any person otherwise than for the purpose of a business of dealing in furniture, unless—

( a ) it passes the cigarette test, and

( b ) it complies with the provisions of this Order which would apply to it if Paragraph 14 were in force or it bears a display label.

(2) This Paragraph shall come into operation on the 1st day of March 1990.

14 ..

14. Clauses (a) (ii), (c) and (d) of Paragraph 12 (1) shall apply to second-hand furniture on or after the 1st day of March, 1993, as they apply to the furniture mentioned in those provisions.

15 ..

15. The Industrial Research and Standards (Fire Safety Requirements for Upholstered Furniture) Order, 1980 ( S.I. No. 298 of 1980 ), in hereby revoked as on and from the 1st day of March, 1989.

SCHEDULE

PART I

PART II

PART III

PART IV

GIVEN under my Official Seal, on this 14th day of December, 1988.

RAY BURKE,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The objective of the Order is, in the interests of greater safety, to ensure that domestic furniture is designed, manufactured and constructed to a particular standard so as not to endanger persons or property.

Under the Order, filling material in single or composite form used in domestic furniture must pass the ignitability tests set out in Irish Standards, I.S. 418:1988 and I.S. 419:1988.

Furniture on sale after the 1st day of March, 1989, must also bear permanent and display labels detailing certain safety and manufacturing data.

Covering fabrics used on domestic furniture must pass a match test from the 1st day of March, 1990. However in certain circumstances a flame proof interliner may be used to meet the requirements.

Second-hand furniture is also included within the scope of the Order. Upholstered second-hand furniture must pass the cigarette test from the 1st day of March, 1990, and fillings used in second-hand furniture must meet the new filling requirements from the 1st day of March, 1993.

Furniture will be accepted as complying with this Order if it has been manufactured to I.S. 418 and 419: 1988 or their equivalent European or individual Member States Standards and have been certified as such by the competent authority in the Member States of manufacture. The NSAI will be available to advise on equivalent standards or regulations.