S.I. No. 316/1995 - Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1995.

S.I. No. 316 of 1995.

INDUSTRIAL RESEARCH AND STANDARDS (FIRE SAFETY) (DOMESTIC FURNITURE) ORDER, 1995.

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 44 of the Industrial Research and Standards Act, 1961 (No. 20 of 1961), and section 5 (1) of the Science and Technology Act, 1987 (No. 30 of 1987), 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, 1995.

(2) This Order shall come into operation on the 1st day of January, 1996.

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;

"cover" means a cover supplied with or for use on furniture and includes a loose cover, a stretch cover and a replacement cover;

"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 Article 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, padding out or stuffing such articles as cushions, mattresses and pillows;

"furniture" has the meaning assigned to it by Article 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 as amended by Standard Specification (Fire Safety Requirements for Components of Furniture) Declaration, 1988 (Amendment) No.1:1994;

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

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

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

"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 references to such sale that is otherwise than in the course of a business consisting of or including dealing in second-hand furniture;

"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 an Article is a reference to an Article of this Order,

(b) a reference to a paragraph, subparagraph, clause or subclause is a reference to the paragraph, subparagraph, clause or subclause of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to a standard specification declared by Forfás includes a reference to that specification as subsequently amended, adapted or extended by any other such specification.

3 Furniture.

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

(a) 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, childrens' 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),

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

(d) 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 re-covering 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 Article, "permanent label" means a label that is durable and bears in words and numbers that are visible and legible to any person inspecting the article to which it is attached, 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—

(i) the matter specified in subparagraph (b), or

(ii) if the specified person in relation to the article complies with the conditions specified in subparagraph (d) (ii), the matter specified in subparagraph (c).

(b) The matter referred to in subparagraph (a) (i) is:

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

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

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

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

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

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

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

(c) The matter referred to in subparagraph (a) (ii) is:

(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 2 or 3, as may be appropriate, 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 and is in compliance with clause 4 of I.S. 419:1988.

(d) In subparagraph (a) (ii)—

(i) "specified person", in relation to an article, means any person who sells the article in the course of a business consisting of or including the sale of furniture and also, if the article was manufactured or assembled in the State, the manufacturer or assembler, and

(ii) the conditions referred to are that, subject to paragraph (3), the specified person maintains at the person's 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 concerned was manufactured or assembled in the State, the name of the manufacturer or assembler and the address of his or her 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 or her 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 material of which the cover is made.

(2) (a) Clauses (iii), (iv), (vi) and (vii) of subparagraph (1) (b) and clauses (ii) and (iii) of subparagraph (1) (c) do not apply in relation to a permanent label for attachment to a cushion or pillow.

(b) Clauses (iii), (iv) and (vii) of subparagraph (1) (b) and clauses (ii), (iii), and (iv) of subparagraph (1) (c) do not apply in relation to a permanent label for attachment 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 clause (i).

(c) Clauses (iii), (iv) and (v) of subparagraph (1) (b) and clauses (ii) and (iii) of subparagraph (1) (c) do not apply in relation to a permanent label for attachment to a cover.

(3) (a) Subclauses, (II) and (IV) of subparagraph (1) (d) (ii) do not apply in relation to a permanent label for attachment to a cushion or pillow.

(b) Subclause (II) of subparagraph (1) (d) (ii) does not apply in relation to a permanent label for attachment 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 clause (i).

(c) Subclauses (II) and (III) of subparagraph (1) (d) (ii) do not apply in relation to a permanent label for attachment to a cover.

5 Display Label.

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

(a) it is durable,

(b) it 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,

(c) if it is for attachment to an article to which Article 13 (1) (a) (ii) applies and that—

(i) has filling material that complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988, and

(ii) has a permanent cover that passes the match test,

it is substantially in the form specified in Part I of the Schedule to this Order, and

(d) if it is for attachment to an article that—

(i) has filling material that complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988, and

(ii) has a permanent cover that does not pass the match test and an interliner that passes the ignition test, it is substantially in the form specified in Part II of the Schedule to this Order.

6 Attachment of Labels to Furniture.

6. (1) A permanent label—

(a) shall be securely attached to the article concerned in such manner as not to obscure or cover any other label or any mark on the article,

(b) in the case of a cover, may be attached to any part of the cover, and, in the case of any other article, shall be attached to the external surface of the article, and

(c) in the case of articles sold as a group, suite or collection or of covers so sold, shall be attached to each article or cover.

(2) A display label—

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

(b) in the case of articles sold as a group, suite or collection, shall be attached to each article.

7 Manufacture and Assembley of Furniture containing Filling Material.

7. (1) It shall be unlawful to manufacture or assemble furniture containing filling material unless the filling material complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988.

(2) It shall be unlawful, when assembling furniture or second-hand furniture in the course of the carrying out of repairs to it, to insert into it filling material unless the filling material complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988.

8 Sale of Filling Material.

8. Where there are reasonable grounds for believing that if filling material is sold by a person, it will be used—

(a) for 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 2 or 3, as may be appropriate, of I.S. 419:1988.

9 Upholstery.

9. 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.

10 Manufacture and Assembley of Furniture with Permanent Covers.

10. 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 permanent cover containing at least 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 interliner between the filling and the cover,

the interliner passes the ignition test.

11 Manufacture, Assembly and Sale of Stretch, Loose and Replacement Covers.

11. (1) It shall be unlawful to manufacture or assemble—

(a) a stretch cover or loose cover, or

(b) a 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 the cover or fabric passes the match test.

(2) It shall be unlawful to sell a cover of fabric referred to in subparagraph (1) (b) containing at least 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, unless the attention of the purchaser is specifically brought to the fact that, when the cover or fabric is attached to or placed on furniture or second-hand furniture referred to in subparagraph (1) (b), for safety reasons, there should also be attached to the furniture or second-hand furniture an interliner that passes the ignition test.

12 Labelling of Covering Materials.

12. It shall be unlawful to sell a loose cover or stretch cover for furniture (other than a mattress, bed-base, pillow or cushion) unless the cover bears a permanent label.

13 Sale of Furniture.

13. (1) Subject to subparagraph (2), it shall be unlawful to sell furniture unless—

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

(I) it bears a permanent label, and

(II) it passes the cigarette test,

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

(iii) in the case of furniture that contains filling material, the filling material complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988,

(iv) in the case of furniture with a permanent cover, the cover passes the match test, and

(v) in the case of furniture referred to in Article 10 (b), the interliner passes the ignition test,

or

(b) it is accompanied by a certificate under Article 15 relating to the furniture or a copy of such certificate.

(2) Subclause (II) of subparagraph (1) (a) (i) does not apply to a pillow or a cushion.

14 Sale of Second-hand Furniture.

14. It shall be unlawful to sell second-hand furniture unless—

(a) (i) in the case of upholstered furniture (other than a mattress, bed-base, pillow or cushion), it passes the cigarette test,

(ii) in the case of second-hand furniture that contains filling material, the filling material complies with Clauses 2 or 3, as may be appropriate, of I.S. 419:1988, and

(iii) in the case of second-hand furniture with a permanent cover, the cover complies with Article 10. or

(b) it is accompanied by a certificate under Article 15 relating to the furniture or a copy of such a certificate.

15 Equivalence.

15. Furniture, including second-hand furniture, that is manufactured or assembled in, or imported into, a Member State of the European Union (other than the State) and complies with the fire safety requirements relating to such furniture or second-hand furniture of that Member State shall be deemed to comply with the provisions of this Order if the person authorised by the law of that State to specify or to enforce those requirements states in a certificate signed by him or her that the furniture, or second-hand furniture, complies with those requirements and that those requirements ensure a level of safety for furniture equivalent to that ensured by this Order.

16 ..

16. The Industrial Research and Standard (Fire Safety) (Domestic Furniture) Order, 1988 ( S.I. No. 336 of 1988 ) is hereby revoked.

SCHEDULE

PART I

PART II

GIVEN under my Official Seal, this 30th day of November, 1995.

RICHARD BRUTON,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

The objective of the Order, which replaces the Industrial Research and Standards (Fire Safety) (Domestic Furniure) Order, 1988, is in the interests of greater safety, to ensure that new and second-hand domestic furniture is designed, manufactured and constructed to a particular standard so as not to endanger persons or property.

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