Public Hearing Regarding Adoption of Regulations for the Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance

CITY AND COUNTY OF SAN FRANCISCO

DEPARTMENT OF THE ENVIRONMENT

 

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD REGARDING ADOPTION OF REGULATIONS FOR THE FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS ORDINANCE

(Ordinance No. 211-17, San Francisco Environment Code Chapter 28)

 

WHAT:          Public Hearing regarding the adoption of regulations for the Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance

 

WHEN:         Monday, April 23, 2018 at 2:00 p.m.

 

LOCATION:  San Francisco City Hall, 1 Dr. Carlton B. Goodlett Place, Room 421, San Francisco, CA 94102

                  

 

Members of the public are invited to provide written comments regarding the proposed regulations.  Written comments should be emailed to [email protected] or mailed to Attn: Flame Retardant Chemical Ordinance, San Francisco Department of the Environment, 1455 Market Street, Suite 1200, San Francisco, CA 94103.  The Department must receive all written comments concerning the proposed regulations no later than 5:00 p.m. on May 4, 2018. 

 

AUTHORIZATION

San Francisco Environment Code Chapter 28

 

The Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance (Ordinance) was signed by the Mayor on November 3rd, 2017 and will go into effect on January 1, 2019. The ordinance prohibits the sale of upholstered furniture and certain juvenile products that contains or is made with a flame retardant chemical at a level above 1,000 parts per million. Additionally, the Ordinance applies to reupholstered upholstered furniture using soft material, including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling that contains or is made with a flame retardant chemical at a level above 1,000 parts per million. Covered products with electrical or electronic components containing or made with a flame retardant chemical at a level above 1,000 parts per million shall comply beginning July 1, 2019.

 

The Director of the Department of the Environment (Department) promulgates these regulations pursuant to his/her authority to adopt rules necessary to implement this Ordinance pursuant to the Environment Code, Chapter 28, Section 2804.

 

 

Important Information

 

Copies of draft regulations and all explanatory documents are available at (1) the Department of the Environment (Department), 1455 Market Street, Suite 1200, San Francisco, California, 94103 between the hours of 9 a.m. and 5 p.m., Photo identification is required for entry to the building. (2) on the Department’s website http://sfenvironment.org/policy/environmental-regulation; (3) upon request at telephone number 415-355-3700, or via e-mail at [email protected] within three business days of the hearing.

 

If any materials related to an item on this agenda have been distributed after distribution of the agenda packet, those materials are available for public inspection at the Department of the Environment, 1455 Market Street, Suite 1200, San Francisco, CA 94103 during normal office hours or will be made available on the website http://sfenvironment.org/policy/environmental-regulation.

 

During the hearing, members of the public will have the opportunity to comment about individual agenda items or speak generally about the Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance. Persons unable to attend the hearing may submit to the Department of the Environment, by 5:00 p.m. on May 4, 2018, written comments. These comments will be made a part of the official public record and shall be brought to the attention of the Department.

 

Announcement

 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this hearing.  Please be advised that the hearing officer may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

Public Comment

 

At this time, members of the public may speak on items of interest that are relevant to the Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance but are not on today’s agenda.  Public comment will be taken following each agendized item.  Each member of the public may address the hearing for up to three minutes, unless otherwise announced by the hearing officer.

 

Disability Access

 

The hearing will be held at the San Francisco City Hall, 1 Dr. Carlton B. Goodlett Place, Room 421, San Francisco, CA 94102.  The San Francisco City Hall is wheelchair accessible.  The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street.  Accessible MUNI lines serving this location are: Van Ness and the Metro Stations at Van Ness and Market and at Civic Center.  For information about MUNI accessible services call (415) 923-6142.  There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

 

In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City accommodate these individuals.  Individuals with chemical sensitivity or related disabilities should call the Mayor’s Office on Disability at (415) 554-6789 or (415) 554-6799 (TTY) for additional information.

 

The following services are available on request 72 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week:  For American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact SF Environment at (415) 355-3709 to make arrangements for the accommodation.  Late requests will be honored, if possible.

 

Language Access

Per the Language Access Ordinance (Chapter 91 of the San Francisco Administrative Code), Chinese, Spanish and or Filipino (Tagalog) interpreters will be available upon requests. Meeting Minutes may be translated, if requested, after they have been adopted by the Commission.  Assistance in additional languages may be honored whenever possible. To request assistance with these services please contact the Commission Affairs Manager at 415-355-3709, or [email protected] at least 48 hours in advance of the hearing.  Late requests will be honored if possible.

 

語言服務

根據語言服務條例(三藩市行政法典第91章),中文、西班牙語和/或菲律賓語(泰加洛語)傳譯人員在收到要求後將會提供傳譯服務。翻譯版本的會議記錄可在委員會通過後透過要求而提供。其他語言協助在可能的情況下也將可提供。上述的要求,請於會議前最少48小時致電 415-355-3709或電郵至[email protected]向委員會秘書提出。逾期提出的請求,若可能的話,亦會被考慮接納。

 

Acceso A Idioma

De acuerdo con la Ordenanza de Acceso a Idiomas “Language Access Ordinance” (Capítulo 91 del Código Administrativo de San Francisco “Chapter 91 of the San Francisco Administrative Code”) intérpretes de chino, español y/o filipino (tagalo) estarán disponibles de ser requeridos. Las minutas podrán ser traducidas, de ser requeridas, luego de ser aprobadas por la Comisión. La asistencia en idiomas adicionales se tomará en cuenta siempre que sea posible. Para solicitar asistencia con estos servicios favor comunicarse con el Secretario de la Comisión al 415-355-3709, o [email protected] por lo menos 48 horas antes de la reunión. Las solicitudes tardías serán consideradas de ser posible.

 

Access Sa Wika

Ayon sa Language Access Ordinance (Chapter 91 ng San Francisco Administrative Code), maaaring mag-request ng mga tagapagsalin sa wikang Tsino, Espanyol, at/o Filipino (Tagalog). Kapag hiniling, ang mga kaganapan ng miting ay maaring isalin  sa ibang wika matapos ito ay aprobahan ng komisyon. Maari din magkaroon ng tulong sa ibang wika. Sa mga ganitong uri ng kahilingan, mangyaring tumawag sa Clerk ng Commission sa 415-355-3709, o [email protected] sa hindi bababa sa 48 oras bago mag miting. Kung maari, ang mga late na hiling ay posibleng pagbibigyan.

 

Know your Rights under the Sunshine Ordinance

(Chapter 67 of the San Francisco Administrative Code)

Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, City Hall, Room 244, One Dr. Carlton B. Goodlett Place, San Francisco, CA  94102-4683 at Phone No.: (415) 554-7724; Fax No.: (415) 554-5163; E-mail: [email protected]  Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s website at www.sfgov.org.

 

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100, et. seq] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at: 25 Van Ness Avenue, 2nd Floor, San Francisco, CA 94102; telephone (415) 252-3100, fax (415) 252-3112, web site at www.sfgov.org/ethics.

 

 

General Department of the Environment Contact Information:

 

TEL:  (415) 355-3700; FAX: (415) 554-6393

 

Posted: April 5, 2018

 

ATTACHED: San Francisco Department of the Environment Draft Regulation Proposed Regulations Implementing the Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance.

 

 

 

 

 

 

 

FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS

San Francisco Department of the Environment Regulations SFE-18-01-FR

Regulation to adopt standards and process for establishments to apply for petition.

Ordinance No. 211-17, Adopted December 3, 2017

Regulation Effective Date: July 1st 2018

 

A. Authorization

 

The Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance, No. 211-17 (“Ordinance”) was signed by the Mayor on November 3, 2017 and will go into effect on January 1, 2019. It is codified as Chapter 28 of the Environment Code.  The ordinance prohibits the sale of upholstered furniture and certain juvenile products (“Covered Products”) that contain or are made with a flame retardant chemical at a level above 1,000 parts per million, and furniture reupholstered using soft material, including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling, that contains or is made with a flame retardant chemical at a level above 1,000 parts per million.  For Covered Products with electrical or electronic components containing or made with a flame retardant chemical at a level above 1,000 parts per million, this sales ban will go into effect beginning July 1, 2019.

 

The Director of the Department of the Environment (Department) promulgates these regulations pursuant to his/her authority to adopt rules necessary to implement this Ordinance pursuant to the Environment Code, Chapter 28, Section 2804.

 

B. Scope

 

The purpose of this regulation is to provide guidelines for compliance and the petition process to carry out the provisions of the Ordinance.

 

These regulations do not duplicate the Ordinance and must be read together with the Ordinance.  The Ordinance, Chapter 28 of the Environment Code, may be found at
https://sfgov.legistar.com/View.ashx?M=F&ID=5539758&GUID=CFBA7447-EE27-45D3-92A9-C7E2F5CF5D32

 

 

C. Interpretive Regulations and Guidelines

 

  1. Compliance. Compliance with the Ordinance with respect to each Covered Product shall be determined in accordance with the following.
    1. For Upholstered Furniture and Reupholstered Furniture,
      1. Establishments shall ensure that all upholstered furniture they sell is affixed with a label that (1) meets the requirements of Senate Bill 1019, and (2) expressly states that the item does not contain Flame Retardant Chemical(s).
    2. For each Juvenile Product,
      1. an Establishment may demonstrate compliance by retaining on file and making available for inspection upon the Department’s request a written statement from the product supplier attesting that the Juvenile Product or grouping of Juvenile Products does not contain a Flame Retardant Chemical. An Establishment must also make such documentation available to a customer upon request.
    3. For any Covered Product,
      1. An Establishment, any person representing a group of establishments, product manufacturer, or person representing a group of product manufacturers may submit a request to the Department for alternate methods of compliance for either reupholstered upholstered furniture or juvenile product.

 

  1. Petitions and Waivers.  An Establishment or any person may petition for a waiver from strict compliance with the Ordinance and/or these regulations. A petitioner must demonstrate to the Department’s satisfaction that strict compliance shall cause severe hardship or practical difficulty, or would not be feasible. A petitioner may submit a petition representing any number of establishments.
     

a) Petition Process. Those wishing to submit a petition shall include the following information in its petition and submit petitions to [email protected]

i)   Petitioner contact information (including name of point of contact, phone number, street address, and email address), and the Establishments (including the name of point of contact, phone number, street address, and email address for each) on whose behalf the petitioner is submitting the petition.

ii)    For each product for which a waiver is sought, detailed product information including Name of Product, Manufacturer of Product, SKU or UPC number or a Product ID that is easily recognized by retailers and consumers alike.

iii)   Chemical formula and chemical identification number of the flame retardant(s) in the product, specifically in what part(s) of the product flame retardants are used (e.g. specific components), and the concentration(s) of the flame retardants in each component.

iv)   Justification as to why flame retardant chemicals are necessary for the product, how long and what it would take to eliminate flame retardants from the product.

v) Any additional supporting documentation that substantiates the petitioner’s request.

 

  1. Petition Deadlines. Petition forms must be submitted by the following dates to be considered in advance of ordinance compliance deadlines. The Director may, at his or her discretion, accept petitions filed for good cause, where good cause is demonstrated, after this filing deadline. Petitioners are encouraged to submit petitions early.
  1. September 30, 2018 for all Covered Products except for those with electrical or electronic components.
  2. February 28, 2019 for all Covered Products with electrical or electronic components.
  3. The Department shall send a petitioner confirmation that a petition has been received with a determination as to whether the petition is complete, within 10 business days. A petition that the Department has deemed complete and does not receive further response from the Department within 60 days from the date of the Department’s completeness determination shall be deemed granted for up to one year from the end of the initial 60-day period.
  4. The Department may grant a waiver for a specified period of time. If a petitioner can demonstrate that strict compliance will continue to cause severe hardship or practical difficulty after that period of time has elapsed, or would not be feasible, the petitioner may petition for an extension of the waiver.  Such application must be submitted at least 90 days before the initial waiver period expires. 
     
  1. Considerations For Petition. The Director of the Department or his/her designee will consider petitions on a case-by-case basis. When granting or denying a petition for waiver, the Department may take into consideration information including, but not limited to, the following:

 

  1. What hardship is the petitioner claiming? Has the petitioner provided substantial evidence of this?
  2. Does strict compliance cause the establishment to be out of compliance with any Federal or state regulations?  Has the petitioner provided sufficient evidence of this?
  3. Are halogenated flame retardants being used in the product?
  4. Are flame retardant chemicals only being used on wiring, circuit board and hard casing?
  5. Are reactive (vs. additive) flame retardants being used?
  6. Has the petitioner provided an action plan to reduce or eliminate the use of flame retardants within a specified time frame?

 

  1. Petitioner Filing on Behalf of Multiple Organizations. One Establishment, person or manufacturer may file a petition on behalf of multiple Establishments, persons, or manufacturers seeking a waiver for the same Covered Product or grouping of similar Covered Products.

 

  1. Duration of Waiver. The Director has discretion to grant a waiver for a reasonable duration based on the evidence submitted with the petition.

 

The Director of the Department of the Environment hereby adopts these regulations as of the date specified below.
 

         

Deborah O. Raphael

Director Department of the Environment

 

 

Approved:

Date: