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Statutory Instrument 1988 No. 1324
The Furniture and Furnishings (Fire)
(Safety) Regulations 1988
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STATUTORY INSTRUMENTS
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1988 No. 1324
CONSUMER PROTECTION
The Furniture and Furnishings (Fire) (Safety)
Regulations 1988
Made
26th July 1988
Laid before Parliament 28th July 1988
Coming into force in accordance with
regulation 1(2)
Whereas the Secretary of State has, in
accordance with section 11(5) of the Consumer Protection Act 1987[1] consulted
such organisations as appear to him to be representative of interests
substantially affected by these Regulations and such other persons as he
considers appropriate:
Now, therefore, the Secretary of State, in
exercise of the powers conferred on him by section 11 of the said Act, hereby
makes the following Regulations:-
Citation and Commencement
1.—(1) These Regulations may be
cited as the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
(2) These Regulations shall come
into force as follows:-
(a)
this regulation and regulations 3 and 4 shall come into force on 1st November
1988;
(b)
subject to subparagraph (i) below, regulation 6 (insofar as it relates to
foam), 11 (insofar as it relates to foam-filled furniture), 12 (insofar as it
relates to foam-filled furniture) and 13 (insofar as it relates to foam-filled
furniture) and 15 shall come into force as regards the duties of manufacturers
and importers, on 1st November 1988;
(c)
regulation 2, insofar as it relates to the revocation of that part of the
Upholstered Furniture (Safety) Regulations 1980[2] as amended by the
Upholstered Furniture (Safety) (Amendment) Regulations 1983[3] which imposes
requirements with respect to permanent labels for certain furniture (insofar as
those requirements apply to manufacturers and importers), shall come into force
on 1st November 1988;
(d)
regulation 7 (insofar as it relates to foam filling materials) shall come into
force on 1st November 1988 and (insofar as it is not already in force) shall
come into force on 1st March 1989;
(e)
regulation 2, insofar as it relates to the revocation of that part of the
Upholstered Furniture (Safety) Regulations 1980 as amended by the Upholstered
Furniture (Safety) (Amendment) Regulations 1983 which imposes requirements with
respect to display labels for certain furniture, shall come into force on 1st
March 1989;
(f)
subject to subparagraph (i) below, regulations 5, 6 (insofar as it relates to
non-foam fillings), 11 (insofar as it relates to furniture), 12 (insofar as it
relates to furniture) 13 and 15 shall come into force as regards the duties of
manufacturers and importers (insofar as they are not already so in force) on
1st March 1989;
(g)
subject to subparagraph (i) below, regulations 5, 6, 10, 11 (insofar as it
relates to furniture), 12 (insofar as it relates to furniture) and 15 shall
come into force as regards the duties of retailers on 1st March 1989;
(h)
regulations 8, 9, 10, 11, 12, 13 and 15 (insofar as they are not already in
force) shall come into force on 1st March 1990;
(i)
insofar as regulations 5, 6, 10, 11, 12 and 13 apply to or in respect of-
(i)
furniture (whether ready-assembled or in component form) which is ordinarily
intended for private use in the open air but which is also suitable for use in
a dwelling;
(ii) furniture which is ordinarily intended to be affixed to and
form part of a caravan;
they shall come into force on 1st March
1990;
(j)
regulation 14(2) shall come into force on 1st March 1993; and
(k)
otherwise, on 1st March 1990.
Revocation
Regulations 1983 are hereby revoked.
Interpretation
3.—(1) In these Regulations-
"BS 3379" means the British
Standard Specification for flexible urethane foam for loadbearing applications
BS 3379: 1975 published by the British Standards Institution on 30th May 1975,
as amended on 28th April 1978[4], subject to any further amendments made
thereto and approved by the Secretary of State;
"BS 5651" means the British
Standard Specification for cleansing and wetting procedures for use in the
assessment of the effect of cleansing and wetting on the flammability of
textiles and fabric assemblies BS 5651: 1978 published by the British Standards
Institution on 29th December 1978[5] subject to any amendments made thereto and
approved by the Secretary of State;
"BS 5852: Part 1" means the
British Standard for fire tests for furniture BS 5852: Part 1: 1979 published
by the British Standards Institution and which came into effect on 30th
November 1979[6] subject to any amendments made thereto and approved by the
Secretary of State;
"BS 5852: Part 2" means the
British Standard for fire tests for furniture BS 5852: Part 2: 1982 published by
the British Standards Institution and which came into effect on 31st August
1982[7] subject to any amendments made thereto and approved by the Secretary of
State;
"BS 6807" means the British
Standard Methods of test for the ignitability of mattresses with primary and
secondary sources of ignition BS 6807: 1986 published by the British Standards
Institution and which came into effect on 31st December 1986[8] subject to any
amendments made thereto and approved by the Secretary of State;
"cigarette test" means the
smouldering cigarette test specified in BS 5852: Part 1 as modified in
accordance with the provisions of Schedule 4 to these Regulations;
"cushions" (except in (a) of the
definition of "relevant ignitability test" in this paragraph) means
scatter cushions and cushions of the kind commonly used on the seats of wooden
chairs;
"dwelling" includes any caravan,
but does not include boats or any other vessels or motor vehicles;
"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" means-
(a)
furniture of any description which is ordinarily intended for private 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,
prams and pushchairs and any other article of a like nature and use designed to
contain a baby or small child), cushions, high-chairs, mattresses (of any size)
and pillows, but does not include bedding or floor coverings (including carpets
and mats);
(b)
furniture which is ordinarily intended for private use in the open air but
which is also suitable for use in a dwelling; and
(c)
any collection of components designed or intended to be assembled into any
article of furniture defined in subparagraphs (a) and (b) above;
and "furniture" includes
furniture mentioned in regulation 14(1) (second-hand furniture)-
in regulations 4, 7 and 15, from 1st
November 1988;
in regulations 8(4), 9 and 14, from 1st
March 1990;
in regulations 5, 6 and 8(1)-(3) from 1st
March 1993.
"match test" means the test
specified in Part I or Part II as appropriate of Schedule 5 to these
Regulations;
"relevant ignitability test" in
relation to any filling which-
(a)
consists solely of polyurethane foam in slab or cushion form means the test
specified in Part I of Schedule 1 to these Regulations;
(b)
consists solely of polyurethane foam in crumb form means the test specified in
Part II of Schedule 1 to these Regulations;
(c)
consists solely of latex rubber foam means the test specified in Part III of
Schedule 1 to these Regulations;
(d)
consists of a single filling material other than the materials mentioned in
paragraph (a), (b) or (c) above means the test specified in Part I of Schedule
2 to these Regulations;
(e)
consists of more than one filling material means either:-
(i)
the test specified in Part I of Schedule 2 to these Regulations for each
individual filling material tested separately; or
(ii) the appropriate test specified in Part II, III or IV of that
Schedule for the filling material tested as a composite:
provided that if the filling material
includes foam of any of the kinds mentioned in paragraph (a), (b) or (c) above,
the relevant ignitability test for that part of the filling which consists of
such foam shall be the test (or tests) specified in paragraph (a), (b) or (c),
as the case may be;
"supply", where the context so
admits, includes offering and agreeing to supply and exposing and possessing
for supply, and cognate expressions shall be construed accordingly.
(2) For the purposes of these
Regulations any references in BS 3379, BS 5651, BS 5852: Part 1, BS 5852: Part
2 or BS 6807 to any other British Standards shall be construed as references to
those other British Standards as they had effect on 28th April 1978, 29th
December 1978, 30th November 1979, 31st August 1982 and 31st December 1986
respectively or as they had effect on those dates respectively subject to
amendments made to them by the British Standards Institution and approved by
the Secretary of State.
Exclusion of goods made before 1950 and of
supply of materials for re-upholstery of furniture made before that date and of
goods for export
(a)
in relation to the supply of any goods manufactured before 1 January 1950;
(b)
in relation to the supply of materials when the person supplying them knows or
has reasonable cause to believe that they will be used for re-covering or
re-upholstering furniture manufactured before 1st January 1950; or
(c)
in any case where the person supplying goods to which those requirements relate
knows or has reasonable cause to believe that the goods will not be used in the
United Kingdom.
Upholstery
5.—(1) No furniture to which
this regulation applies shall include upholstery which does not pass the
cigarette test.
(2) This regulation applies to
all furniture (except mattresses, bed-bases, pillows and cushions).
Filling material
6.—(1) Subject to paragraphs (3)
and (4) below, no furniture shall include any filling material which fails the
relevant ignitability test.
(2) No furniture shall include
as filling any foam in crumb form unless both-
(a)
the foam from which the crumb is derived passes the ignitability test specified
in Part I of Schedule 1 to these Regulations; and
(b)
the foam in crumb form itself passes the ignitability test specified in Part II
of that Schedule.
(3) A cushion may include filling material which
does not pass the ignitability test specified in Part I or Part II (or both
such parts) of Schedule 2 to these Regulations if the cushion has a primary
cover and, with that cover, passes the ignitability test in Part III of that
Schedule.
(4) A pillow may include filling
material which does not pass the ignitability test specified in Part I or Part
II (or both such parts) of Schedule 2 to these Regulations if the pillow, when
tested with its primary cover, passes the ignitability test in Part III of that
Schedule.
Loose fillings
foam in crumb form which may not be included in furniture by virtue of
regulation 6(2) above, in any case where he knows or has reasonable cause to
believe that the material will be used-
(a)
for filling a cushion or a pillow; or
(b)
for the purpose of upholstering or re-upholstering furniture.
Permanent Covers
8.—(1)
Subject to paragraphs (2) and (3) below, if furniture (other than
mattresses, bed-bases, pillows and cushions) is supplied with a cover on it,
the cover shall pass the match test in Part I of Schedule 5 to these
Regulations.
(2) Where furniture is supplied
with a cover on it and there is between it and the cover an interliner which
passes the test in Schedule 3 to these Regulations, the cover need not pass the
match test.
(3) Paragraph (2) above only
applies where the cover is made of a material 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.
(4) No person shall supply any
cover or fabric knowing or having reasonable cause to believe that it will be
used to provide or replace the permanent cover on any furniture (other than
mattresses, bed-bases, pillows and cushions) unless either-
(a)
the cover or fabric supplied passes the match test mentioned in paragraph (1)
above; or
(b)
the furniture has an interliner which passes the test mentioned in paragraph
(2) above and the cover or fabric is of a kind specified in paragraph (3)
above.
Covers other than permanent covers
9.—(1) Loose covers (other than
stretch covers) for any furniture specified in paragraph (3) below shall pass
the match test in Part I of Schedule 5 to these Regulations.
(2) Stretch covers for any
furniture specified in paragraph (3) below shall pass the match test in Part II
of that Schedule.
(3) In this regulation
"furniture" means any furniture other than mattresses, bed-bases,
pillows and cushions.
Labelling requirements
Display labels
10.—(1) There shall be attached
to furniture to which Schedule 6 to these Regulations applies and which is
exposed for supply by retail the appropriate display label specified in that
Schedule.
(2) The label mentioned in
paragraph (1) above shall be so attached to the furniture as to be clearly
visible to anyone inspecting the furniture and to enable him to read both the
front and the back of the label with as little inconvenience as is reasonably
practicable.
Permanent labels
labelling specified in Part II or Part III of Schedule 7 to these Regulations
in accordance with the provisions of Part II or Part III of that Schedule, as
the case may be, (and if the furniture or cover does not bear the permanent
labelling specified in Part II of Schedule 7 the requirements of regulation 12
below shall also be complied with in relation to such furniture or cover).
Requirement to give information
12.—(1) This regulation applies
to any person who supplies or has supplied within the period of five years (or,
if shorter, so much of that period as falls after 1st November 1988)
immediately prior to his being required to give the information in question any
furniture or cover to which Schedule 7 to these Regulations applies in relation
to which the requirements of Part III of Schedule 7 to these Regulations and
not those of Part II of that Schedule are satisfied.
(2) The information which may be
required by paragraph (4) below is the following information in respect of the
furniture or cover specified in paragraph (1) above:-
(a)
the name and the postal code of the address of the principal place of business
of the manufacturer or importer who first supplied the article in the United
Kingdom;
(b)
the date on which the article was manufactured or imported (in its finished
form) into the United Kingdom;
(c)
the description of all the filling materials included in the article;
(d)
the description of all the covering materials included in the article.
(3) The information specified in
paragraph (2) above need not be given in relation to-
(a)
cushions and pillows (except for information required by subparagraphs (a) and
(c) of paragraph (2) above);
(b)
cots, carry-cots, playpens, prams and pushchairs (except for information required
by subparagraphs (a), (c) and (d) of paragraph (2) above);
(c)
any other article similar in its nature and use to any article in subparagraph
(b) of this paragraph and designed to carry a baby or small child (except for
information required by subparagraphs (a), (c) and (d) of paragraph (2) above);
(d)
covers (except for information required by subparagraphs (a) and (d) of
paragraph (2) above).
(4) Any person to whom this
regulation applies shall give to an enforcement authority, or any of its
officers, the information specified in paragraph (2) above on his being
required to give such information at a reasonable time.
First suppliers: requirement to give
information
13.—(1) Any person to whom
paragraph (3) below applies shall give to an enforcement authority or any of
its officers such information as it or he may reasonably require for the
purpose of enabling the authority to enforce any of the requirements of these
Regulations relating to any furniture other than mattresses, bed-bases, pillows
and cushions.
(2) Without prejudice to the
generality of paragraph (1) above, information may be required to be given, in
accordance with that paragraph, relating to any of the following matters, that
is to say-
(a)
the results of any test prescribed by these Regulations carried out on the
furniture in question or any of its components;
(b)
the means by which those results are attributed to furniture or components of a
particular description or batch;
(c)
the correspondence of any records with labels, batch numbers of marks appearing
on or relating to any goods.
(3) This paragraph applies to
any manufacturer or importer who supplies or has supplied within the period of
five years (or, if shorter, so much of that period as falls after 1st November
1988) immediately prior to his being required to give the information in
question any furniture specified in paragraph (1) above.
Second-hand furniture
14.—(1) This regulation applies
to furniture which has previously been supplied (whether before or after 1st
March 1990, provided that it is not excluded by regulation 4 above, and whether
in the United Kingdom or elsewhere) to any person who acquired it otherwise
than for the purposes of a business of dealing in furniture.
(2) Furniture to which this
regulation applies shall satisfy the requirements of regulations 5, 6 and 8(1)
to (3) subject to the exceptions to those requirements for certain furniture specified
in those regulations.
(3) Subject to paragraph (4)
below, no person shall supply any furniture to which this regulation applies in
the period before 1st March 1993 unless:-
(a)
it meets the cigarette test in the case of furniture to which regulation 3(1)
of the Upholstered Furniture (Safety) Regulations 1980[9] as amended by the
Upholstered Furniture (Safety) (Amendment) Regulations 1983[10] applied; and
(b)
there is attached to the furniture the display label specified in Schedule 8 to
these Regulations so as to be clearly visible to anyone inspecting the
furniture and to enable him to read both the front and the back of the label
with as little difficulty as is reasonably practicable.
(4) The display label specified
in Schedule 8 to these Regulations need not be attached to the furniture if the
furniture meets all the requirements of these Regulations which would have had
to be met if paragraph 2 of this regulation had been in force.
Prohibition on supply
15.—(1) Subject to paragraph (2)
below, no person shall supply any furniture or other article in respect of
which any of the requirements of these Regulations is not satisfied.
(2) Paragraph (1) above does not
apply where the furniture or other article is supplied as part of the fixtures
and fittings of a caravan which is being supplied at the same time and which
has previously been supplied (whether before or after 1st November 1988 and
whether in the United Kingdom or elsewhere) to any person who acquired it
otherwise than for the purposes of a business of dealing in caravans.
Eric Forth
Parliamentary Under-Secretary of State, Department
of Trade and Industry
26th July 1988
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Notes:
[1] 1987 c. 43. back
[2] S.I. 1980/725. back
[3] S.I. 1983/519. back
[4] ISBN 0 580 08189 3. back
[5] ISBN 0 580 10449 4. back
[6] ISBN 0 580 11106 7. back
[7] ISBN 0 580 12842 3. back
[8] ISBN 0 580 15542 0. back
[9] S.I. 1980/725. back
[10] S.I. 1983/519. back
Explanatory Note
SCHEDULE 1
Regulations 3, 6 and 7
PART I
Ignitability test for polyurethane foam in
slab or cushion form.
corresponding to the specification set out in paragraph 2 below.
to a plain weave. The yarn in the warp shall be of 1.6 decitex fibre, spun to a
linear density of 37 tex, Z twist at 420 turns per metre. The fabric shall be
woven to 20.5 yarn threads per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
less than 28×6 mm mesh size. The test rig is placed on a metal tray of
sufficient dimensions to collect any debris falling from specimens being
tested. The rig and debris tray shall be mounted on a weighing balance with a
remote readout having a full-scale deflection of at least 0 to 20 kg to an
accuracy of 2 g.
specified in paragraph 2 above and tensioned with clips as set out in BS 5852:
Part 2. An ignition source 5 crib is placed in position. The mass of the
complete assembly is determined ("initial mass"). The test shall be
carried out in accordance with BS 5852: Part 2. In particular flaming or
smouldering failure shall be determined against the criteria of clause 4 of BS
5852: Part 2.
After flaming and smouldering has ceased,
any debris which has become detached from the specimen shall be removed. The
remaining mass of the assembly ("final mass") is then recorded.
the limits defined in clauses 4.1(e), 4.1(f) and 4.2(f) and provided that the
resultant mass loss (initial mass less final mass) is less than 60 g the foam
passes the ignitability test.
PART II
Ignitability test for polyurethane foam in
crumb form.
corresponding to the specification set out in paragraph 2 below.
to a plain weave. The yarn in the warp shall be of 1.6 decitex fibre, spun to a
linear density of 37 tex, Z twist at 420 turns per metre. The fabric shall be
woven to 20.5 yarn threads per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
shall be placed upon the seat and back panels so that when the cover fabric
piece is placed over them, both are stuffed to the density used in the
furniture as intended. The test is then carried out in accordance with BS 5852:
Part 2 using ignition source 2 as specified therein.
has occurred only by way of damage exceeding the limits defined in Clauses
4.1(e), 4.1(f) and 4.2(f), the crumb foam passes the ignitability test.
PART III
Ignitability test for latex rubber foam.
corresponding to the specification set out in paragraph 2 below.
the warp shall be of 1.6 decitex fibre, spun to a linear density of 37 tex, Z
twist at 420 turns per metre. The fabric shall be woven to 20.5 yarn threads
per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
specified in paragraph 2 above and tensioned with clips as set out in BS 5852:
Part 2. The test is then carried out using ignition source 2 as specified
therein.
against the criteria of clause 4 of BS 5852: Part 2 does not occur, the latex
rubber foam passes the ignitability test.
SCHEDULE 2
Regulations 3, 6 and 7
PART I
Ignitability test for non-foam filling
materials singly.
fabric to the specification in paragraph 2 in Part I of Schedule 1 to these
Regulations.
with ignition source 2 as specified in BS 5852: Part 2. Where the filling
material is loose it shall be packed as indicated in paragraph 3 in Part II of
Schedule 1.
has occurred only by way of damage exceeding the limits defined in clause
4.1(e), 4.1(f) and 4(2)(f) the non-foam filling passes the ignitability test.
PART II
Ignitability test for composite fillings
for furniture other than mattresses, bed-bases, cushions and pillows.The composite
fillings, covered with the primary cover are built up on the test rig as
described in BS 5852: Part 2. The covering fabric shall be that specified in
paragraph 2 in Part I of Schedule 1. The test procedure with the use of
ignition source 2 specified in BS 5852: Part 2 and the criteria of failure
shall be as specified therein.
PART III
Composite test for ignitability of pillows
and cushions with primary covers.
the filling is of a loose nature the specimen shall be prepared as set out for
loose fillings in paragraph 3 in Part II of Schedule 1. The test procedure
using ignition source 2 shall be as specified in BS 5852: Part 2. If smouldering
or flaming failure against the criteria of clause 4 of BS 5852: Part 2 has not
occurred or has occurred only by way of damage exceeding the limits defined in
clause 4(1)(e), 4(1)(f) and 4(2)(f), the composite pillow filling passes the
ignitability test.
2.
For cushions with primary covers the test specimen shall be made up of
filling, the primary cover and standard fabric as in Schedule 1 Part I,
paragraph 2. Where the filling is loose, it shall be packed as set out in
Schedule 1 Part II, paragraph 3. The test procedure using ignition source 2
shall be as specified in BS 5852: Part 2. If smouldering or flaming failure
against the criteria of clause 4 of BS 5852: Part 2 has not occurred or has
occurred only by way of damage exceeding the limits defined in clause 4(1)(e),
4(1)(f) and 4(2)(f) the composite cushion filling passes the ignitability test.
PART IV
Ignitability test for composite fillings of
mattresses and bed-bases.
materials to be used or by removing existing ticking from a mattress or
upholstered divan or bed-base.
shall be fitted so as to reproduce the tension in the original article where
this is being tested.
according to Section Four of BS 6807 using ignition source 2 as specified in BS
5852: Part 2. Smouldering or flaming failure shall be as defined in BS 5852:
Part 2.
SCHEDULE 3
Regulation 8(2)
Ignition resistance
test for interliner.
1.
An interliner which is a fabric that has been treated with a
fire-retardant chemical to reduce the ignitability of the upholstery shall,
before it is conditioned in accordance with clause 7.1 of B.S. 5852: Part 1, be
subjected to the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S.
5651, save that for the second subclause of clause 4.5 there shall be
substituted the following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
2.
The interliner, water-soaked or not as the case may be, shall be tested
using cover fabric corresponding to the specification set out in paragraph 3
below and foam filling corresponding to the specification set out in paragraph
4 below. The test shall be conducted using ignition source 5 of BS 5852: Part
2.
3.
The fabric shall be made of 100 per cent flame retardant polyester
fibre. Its construction shall be woven to a plain weave. The yarn in the warp
shall be of 1.6 decitex fibre, spun to a linear density of 37 tex, Z twist at
420 turns per metre. The fabric shall be woven to 20.5 yarn threads per
centimetre in the warp.
The yarn in the
weft shall be of 3.3 decitex fibre spun to a linear density of 100 tex, Z twist
at 550 turns per metre. The fabric shall be woven to between 12.6 and 13
threads per centimetre in the weft.
The fabric
finish should be scoured and heat set. Its mass shall be 220 g per m2 plus or
minus 5 per cent.
4.
The filling material for the test shall be non fire-retardant
polyurethane foam corresponding to the specification set out in BS 3379 Type B
Hardness grade 130 and of a density of 20-22 kg per m3.
specified in clause 4 of BS 5852: Part 2.
SCHEDULE 4
Regulations 3
and 5
THE CIGARETTE
TEST
Modifications to
BS 5852: Part 1
1.
Appendix A of B.S. 5852: Part 1 shall be disregarded.
2.
All braids and other trimmings shall be removed from material upon which
a test is to be conducted.
3.
Any covering fabric or fire-barrier material which has been treated with
a fire-retardant chemical to reduce the ignitability of the upholstery shall,
before it is conditioned in accordance with clause 7.1 of B.S. 5852: Part 1, be
subjected to the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S.
5651, save that for the second subclause of clause 4.5 there shall be
substituted the following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
4.
Where a test is to be conducted in respect of furniture which has no
upholstered back and no upholstered arms, the materials on the test rig shall
be arranged as if the furniture had an upholstered back the upholstery of which
consisted of the same materials as the upholstery of the seat; and where a test
is to be conducted in respect of furniture which has an upholstered back or
upholstered arms but no upholstered seat, the materials on the test rig shall
be arranged as if the furniture had an upholstered seat the upholstery of which
consisted of the same materials as the upholstery of the back or arms.
5.
Where the upholstery to be tested is such that the materials in one part
of the furniture are not the same as those in another part, separate tests
shall be conducted in respect of each part as if each part were the seat of
furniture which had no upholstered back and no upholstered arms, save that no
test shall be conducted in respect of a part the upholstery of which consists
of the same materials as the upholstery of a part in respect of which a test
has already been conducted; and in this paragraph, "part" means the
back, the seat or the arms.
design of the covering material, at least one seam in respect of each test to
be conducted shall be so aligned on the test rig that it crosses the junction
of the back and the seat at approximately right angles thereto and not less
than 50 mm from the nearest side edge, and the test (or, in the case of a test
which is repeated, the first test) shall be conducted with the cigarette placed
across the seam at that junction.
SCHEDULE 5
Regulations 3, 8
and 9
THE MATCH TEST
PART I
1.
All braids and other trimmings shall be removed from material upon which
a test is to be conducted.
2.
Any covering fabric which has been treated with a fire-retardant
chemical to reduce the ignitability of the upholstery shall, before it is
conditioned in accordance with clause 7.1 of B.S. 5852: Part 1 be subjected to
the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S. 5651, save
that for the second subclause of clause 4.5 there shall be substituted the
following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
3.
The test shall be carried out in accordance with those provisions of BS
5852: Part 1 which relate to butane flame ignition source 1. The filling
material for this test shall be non-fire retardant polyurethane foam
corresponding to the specification set out in BS 3379 Type B Hardness grade 130
and of a density of 20-22 kg per m3.
4.
The criteria of failure shall be those specified in clause 4 of BS 5852:
Part 1.
PART II
THE MATCH TEST
FOR STRETCH COVERS
The test for
stretch covers shall be conducted in the same way as for other cover materials
except that the filling material over which the fabric is tested shall be a
foam which passes the ignitability test in Part I of Schedule 1 and which has a
density of 24-26 kg per m3.
SCHEDULE 6
Regulation 10
PART I
1.
This Schedule applies to all furniture except mattresses, bed-bases,
pillows and cushions.
2.
The appropriate display labels are set out in Parts II, III and IV of
this Schedule.
3.
The display label shall be substantially in the form (including size,
colours used and size and type of print used) of the label in Part II, III or
IV of this Schedule, as the case may be.
4.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) the appropriate display label shall be attached to each
individual piece.
PART II
Where the
requirements of regulations 5, 6, and 8(1) of these Regulations are complied
with the appropriate display label is:-
PART III
Where the furniture has a permanent cover which does not pass
the test in regulation 8(1) but has an interliner which passes the test in
Schedule 3 to these regulations and the furniture satisfies the requirements of
regulations 5 and 6 the appropriate display label is:-
PART IV
During the
period between 1st March 1989 and 28th February 1990 where only the
requirements of regulations 5 and 6 are complied with the appropriate display
label is:-
SCHEDULE 7
Regulation 11
PERMANENT
LABELLING REQUIREMENTS
PART I
1.
This Schedule applies to all furniture (except mattresses and bed-bases)
which includes upholstery and to the covers referred to in regulation 9(1) and
(2) above.
PART II
1.
Subject to paragraphs 2 and 3 below, articles mentioned in Part I of
this Schedule shall bear a label which sets out, in order, the following-
(a) the words "CARELESSNESS CAUSES
FIRE";
(b) the name and the postal code of the
address of the principal place of business of the manufacturer or importer who
first supplied the article in the United Kingdom;
(c) the batch number or identification number
(if any) of the article in question;
(d) the date on which the article was
manufactured or imported (in its finished form) into the United Kingdom;
(e) the description of all the filling
materials included in the article;
(f) the description of all the covering
materials included in the article; and
(g) whether or not the article includes an
interliner which passes the test in Schedule 3 to these Regulations.
2.
(a) the matters set out in subparagraphs (c),
(d), (f) and (g) of paragraph 1 above need not appear on labels required for
cushions and pillows;
(b) the matters set out in sub-paragraphs
(c), (d) and (g) of paragraph 1 above need not appear on labels required for:
(i) cots, carry-cots, playpens, prams and
pushchairs;
(ii) any other article similar in its nature
and use to any article in b(i) above and designed to contain a baby or small
child.
3.
The matters set out in subparagraphs (c), (d), (e) and (g) of paragraph
1 above need not appear on labels required for covers.
4.
The labels specified in this Part of this Schedule may, in the case of
covers, appear anywhere on the cover and, in the case of other articles, shall
appear on an external surface of the article but in every case the labels shall
not appear so as to obscure any label or mark required to appear on the article
by or under any enactment.
5.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) and in the case of covers which are so sold the label shall
be attached to each individual piece.
6.
The wording and numbering specified in this Part of this Schedule shall
appear in medium letters of at least 10 point in upper or lower case and shall
be set out in legible and durable form on a background of a sufficiently
contrasting colour to enable the wording and numbering to be clearly seen.
The label on
which the wording and numbering appears shall itself be durable and shall be
securely attached to the article in question.
PART III
1.
Subject to paragraphs 2 and 3 below, articles mentioned in Part I of
this Schedule shall bear a label which sets out, in order, the following-
(a) the words "CARELESSNESS CAUSES
FIRE";
(b) the batch number or identification number
(if any) of the article in question;
(c) whether or not the article includes an
interliner which passes the test in Schedule 3 to these Regulations; and
(d) a summary of the measures which have been
taken to ensure that the article complies with the requirements of these
Regulations.
2.
The matters set out in subparagraphs (b) and (c) of paragraph 1 above
need not appear on labels required for-
(a) cushions and pillows;
(b) cots, carry-cots, playpens, prams and
pushchairs;
(c) any other article similar in its nature
and use to any article in subparagraph (b) above and designed to contain a baby
or small child;
(d) covers.
3.
The labels specified in this Part of this Schedule may, in the case of
covers, appear anywhere on the cover and, in the case of other articles, shall
appear on an external surface of the article but in every case the labels shall
not appear so as to obscure any label or mark required to appear on the article
by or under any enactment.
4.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) and in the case of covers which are so sold the label shall
be attached to each individual piece.
5.
The wording and numbering specified in this Part of this Schedule shall
appear in medium letters of at least 10 point in upper or lower case and shall
be set out in legible and durable form on a background of a sufficiently
contrasting colour to enable the wording and numbering to be clearly seen.
The label on
which the wording and numbering appears shall itself be durable and shall be
securely attached to the article in question.
SCHEDULE 8
Regulation 14(3)
Display label
for second-hand furniture in period before regulation 14(2) comes into force (that
is, before 1st March 1993).
The display label
required by regulation 14(3) (subject to regulation 14(4) ) to be attached to
furniture which regulation 14(1) applies in the period before 1st March 1993
is:-
--------------------------------------------------------------------------------
EXPLANATORY NOTE
(This note is
not part of the Regulations)
These
Regulations ("the Regulations") which revoke the Upholstered
Furniture (Safety) Regulations 1980 as amended by the Upholstered Furniture
(Safety) (Amendment) Regulations 1983 impose requirements in relation to new
domestic furniture, including garden furniture which may be used indoors and
furniture for use in caravans, subject to exceptions from some of the Regulations
for certain furniture. Some of the requirements apply to second-hand furniture.
The Regulations do not apply to goods for export or to the supply of goods made
before 1st January 1950 or to the supply of materials intended for
re-upholstering furniture made before that date.
The main
provisions of the Regulations are as follows:-
(a) no furniture
(other than mattresses, bed-bases, pillows and cushions) may include upholstery
which does not pass the cigarette test as defined in regulation 3(1) (regulation
5);
(b) no furniture
(other than pillows and cushions) may include any filling material which fails
the relevant ignitability test as defined in regulation 3(1) and no furniture
may include as filling any crumb foam which is not derived from combustion-modified
foam (regulation 6);
(c) loose
filling material may not be supplied for filling pillows or cushions or
upholstering or re-upholstering furniture if it fails the relevant ignitability
test or if it contains crumb foam which is not derived from combustion-modified
foam (regulation 7);
(d) if furniture
(other than mattresses, bed-bases, pillows and cushions) is supplied with a
permanent cover the cover must pass the match test as defined in regulation
3(1) unless the cover is made of a specified material and the furniture has an
interliner which passes the test in Schedule 3 (regulation 8(1) to (3));
(e) a cover or
fabric intended to replace the permanent cover on furniture mentioned in
regulation 8(1) may not be supplied unless the cover or fabric passes the match
test or the furniture has an interliner which passes the test in schedule 3 and
the cover or fabric is of a specified material (regulation 8(4));
(f) covers other
than permanent covers for furniture except mattresses, bed-bases, pillows and
cushions must pass the appropriate match test (regulation 9);
(g) the
appropriate display label as set out in Schedule 6 is to be attached to
furniture other than mattresses, bed-bases, pillows and cushions which is
exposed for supply by retail (regulation 10);
(h) permanent
labels are to be attached to furniture (except mattresses and bed-bases) which
include upholstery and to covers other than permanent covers (regulation 11)
and if the label is not in the longer form (as specified in Part II of Schedule
7) the additional information set out in regulation 12 must be supplied to an
enforcement authority, if required;
(i)
manufacturers and importers must supply the information specified in regulation
13 to an enforcement authority, if required to do so;
(j) second-hand
furniture is required to comply with regulations 5, 6 and 8(1) to (3) from 1st
March 1993 (regulation 14(2); regulation 1(2)(j)) and in the period from 1st
March 1990 until 1st March 1993 second-hand furniture may only be supplied
subject to the requirements of regulation 14(3) taken with regulation 14(4);
(k) the supply
(including the offering and agreeing to supply and the exposing and possessing
for supply) of any furniture or other article in respect of which any of the
requirements of the Regulations is not satisfied is prohibited, subject to an
exception for goods which are supplied as part of a caravan which is being
supplied second-hand (regulation 15).
The provisions
of the Regulations come into force on various dates between 1st November 1988
(when regulation 6 insofar as it relates to foam comes into force as regards
the duties of manufacturers and importers, subject to a postponement for garden
furniture and furniture for caravans) and 1st March 1993 (regulation 1(2)).
The Regulations
refer to the provisions of the British Standards set out in regulation 3. The
Regulations do not require testing to be carried out by a United Kingdom test
house. If equivalent Standards giving the appropriate level of protection are adopted
in other member States or by other bodies the Regulations may be amended so as
to refer also to such Standards.
Copies of the
British Standards referred to in the Regulations may be obtained from any of
the sales outlets operated by the British Standards Institution (BSI) or by
post from the BSI at Linford Wood, Milton Keynes, MK14 6LE.
--------------------------------------------------------------------------------
ISBN 0 11 087324
6
The Furniture and Furnishings (Fire)
(Safety) Regulations 1988
--------------------------------------------------------------------------------
? Crown Copyright 1988
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--------------------------------------------------------------------------------
STATUTORY INSTRUMENTS
--------------------------------------------------------------------------------
1988 No. 1324
CONSUMER PROTECTION
The Furniture and Furnishings (Fire) (Safety)
Regulations 1988
Made
26th July 1988
Laid before Parliament 28th July 1988
Coming into force in accordance with
regulation 1(2)
Whereas the Secretary of State has, in
accordance with section 11(5) of the Consumer Protection Act 1987[1] consulted
such organisations as appear to him to be representative of interests
substantially affected by these Regulations and such other persons as he
considers appropriate:
Now, therefore, the Secretary of State, in
exercise of the powers conferred on him by section 11 of the said Act, hereby
makes the following Regulations:-
Citation and Commencement
1.—(1) These Regulations may be
cited as the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
(2) These Regulations shall come
into force as follows:-
(a)
this regulation and regulations 3 and 4 shall come into force on 1st November
1988;
(b)
subject to subparagraph (i) below, regulation 6 (insofar as it relates to
foam), 11 (insofar as it relates to foam-filled furniture), 12 (insofar as it
relates to foam-filled furniture) and 13 (insofar as it relates to foam-filled
furniture) and 15 shall come into force as regards the duties of manufacturers
and importers, on 1st November 1988;
(c)
regulation 2, insofar as it relates to the revocation of that part of the
Upholstered Furniture (Safety) Regulations 1980[2] as amended by the
Upholstered Furniture (Safety) (Amendment) Regulations 1983[3] which imposes
requirements with respect to permanent labels for certain furniture (insofar as
those requirements apply to manufacturers and importers), shall come into force
on 1st November 1988;
(d)
regulation 7 (insofar as it relates to foam filling materials) shall come into
force on 1st November 1988 and (insofar as it is not already in force) shall
come into force on 1st March 1989;
(e)
regulation 2, insofar as it relates to the revocation of that part of the
Upholstered Furniture (Safety) Regulations 1980 as amended by the Upholstered
Furniture (Safety) (Amendment) Regulations 1983 which imposes requirements with
respect to display labels for certain furniture, shall come into force on 1st
March 1989;
(f)
subject to subparagraph (i) below, regulations 5, 6 (insofar as it relates to
non-foam fillings), 11 (insofar as it relates to furniture), 12 (insofar as it
relates to furniture) 13 and 15 shall come into force as regards the duties of
manufacturers and importers (insofar as they are not already so in force) on
1st March 1989;
(g)
subject to subparagraph (i) below, regulations 5, 6, 10, 11 (insofar as it
relates to furniture), 12 (insofar as it relates to furniture) and 15 shall
come into force as regards the duties of retailers on 1st March 1989;
(h)
regulations 8, 9, 10, 11, 12, 13 and 15 (insofar as they are not already in
force) shall come into force on 1st March 1990;
(i)
insofar as regulations 5, 6, 10, 11, 12 and 13 apply to or in respect of-
(i)
furniture (whether ready-assembled or in component form) which is ordinarily
intended for private use in the open air but which is also suitable for use in
a dwelling;
(ii) furniture which is ordinarily intended to be affixed to and
form part of a caravan;
they shall come into force on 1st March
1990;
(j)
regulation 14(2) shall come into force on 1st March 1993; and
(k)
otherwise, on 1st March 1990.
Revocation
- The Upholstered Furniture
Regulations 1983 are hereby revoked.
Interpretation
3.—(1) In these Regulations-
"BS 3379" means the British
Standard Specification for flexible urethane foam for loadbearing applications
BS 3379: 1975 published by the British Standards Institution on 30th May 1975,
as amended on 28th April 1978[4], subject to any further amendments made
thereto and approved by the Secretary of State;
"BS 5651" means the British
Standard Specification for cleansing and wetting procedures for use in the
assessment of the effect of cleansing and wetting on the flammability of
textiles and fabric assemblies BS 5651: 1978 published by the British Standards
Institution on 29th December 1978[5] subject to any amendments made thereto and
approved by the Secretary of State;
"BS 5852: Part 1" means the
British Standard for fire tests for furniture BS 5852: Part 1: 1979 published
by the British Standards Institution and which came into effect on 30th
November 1979[6] subject to any amendments made thereto and approved by the
Secretary of State;
"BS 5852: Part 2" means the
British Standard for fire tests for furniture BS 5852: Part 2: 1982 published by
the British Standards Institution and which came into effect on 31st August
1982[7] subject to any amendments made thereto and approved by the Secretary of
State;
"BS 6807" means the British
Standard Methods of test for the ignitability of mattresses with primary and
secondary sources of ignition BS 6807: 1986 published by the British Standards
Institution and which came into effect on 31st December 1986[8] subject to any
amendments made thereto and approved by the Secretary of State;
"cigarette test" means the
smouldering cigarette test specified in BS 5852: Part 1 as modified in
accordance with the provisions of Schedule 4 to these Regulations;
"cushions" (except in (a) of the
definition of "relevant ignitability test" in this paragraph) means
scatter cushions and cushions of the kind commonly used on the seats of wooden
chairs;
"dwelling" includes any caravan,
but does not include boats or any other vessels or motor vehicles;
"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" means-
(a)
furniture of any description which is ordinarily intended for private 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,
prams and pushchairs and any other article of a like nature and use designed to
contain a baby or small child), cushions, high-chairs, mattresses (of any size)
and pillows, but does not include bedding or floor coverings (including carpets
and mats);
(b)
furniture which is ordinarily intended for private use in the open air but
which is also suitable for use in a dwelling; and
(c)
any collection of components designed or intended to be assembled into any
article of furniture defined in subparagraphs (a) and (b) above;
and "furniture" includes
furniture mentioned in regulation 14(1) (second-hand furniture)-
in regulations 4, 7 and 15, from 1st
November 1988;
in regulations 8(4), 9 and 14, from 1st
March 1990;
in regulations 5, 6 and 8(1)-(3) from 1st
March 1993.
"match test" means the test
specified in Part I or Part II as appropriate of Schedule 5 to these
Regulations;
"relevant ignitability test" in
relation to any filling which-
(a)
consists solely of polyurethane foam in slab or cushion form means the test
specified in Part I of Schedule 1 to these Regulations;
(b)
consists solely of polyurethane foam in crumb form means the test specified in
Part II of Schedule 1 to these Regulations;
(c)
consists solely of latex rubber foam means the test specified in Part III of
Schedule 1 to these Regulations;
(d)
consists of a single filling material other than the materials mentioned in
paragraph (a), (b) or (c) above means the test specified in Part I of Schedule
2 to these Regulations;
(e)
consists of more than one filling material means either:-
(i)
the test specified in Part I of Schedule 2 to these Regulations for each
individual filling material tested separately; or
(ii) the appropriate test specified in Part II, III or IV of that
Schedule for the filling material tested as a composite:
provided that if the filling material
includes foam of any of the kinds mentioned in paragraph (a), (b) or (c) above,
the relevant ignitability test for that part of the filling which consists of
such foam shall be the test (or tests) specified in paragraph (a), (b) or (c),
as the case may be;
"supply", where the context so
admits, includes offering and agreeing to supply and exposing and possessing
for supply, and cognate expressions shall be construed accordingly.
(2) For the purposes of these
Regulations any references in BS 3379, BS 5651, BS 5852: Part 1, BS 5852: Part
2 or BS 6807 to any other British Standards shall be construed as references to
those other British Standards as they had effect on 28th April 1978, 29th
December 1978, 30th November 1979, 31st August 1982 and 31st December 1986
respectively or as they had effect on those dates respectively subject to
amendments made to them by the British Standards Institution and approved by
the Secretary of State.
Exclusion of goods made before 1950 and of
supply of materials for re-upholstery of furniture made before that date and of
goods for export
- The requirements of these
(a)
in relation to the supply of any goods manufactured before 1 January 1950;
(b)
in relation to the supply of materials when the person supplying them knows or
has reasonable cause to believe that they will be used for re-covering or
re-upholstering furniture manufactured before 1st January 1950; or
(c)
in any case where the person supplying goods to which those requirements relate
knows or has reasonable cause to believe that the goods will not be used in the
United Kingdom.
Upholstery
5.—(1) No furniture to which
this regulation applies shall include upholstery which does not pass the
cigarette test.
(2) This regulation applies to
all furniture (except mattresses, bed-bases, pillows and cushions).
Filling material
6.—(1) Subject to paragraphs (3)
and (4) below, no furniture shall include any filling material which fails the
relevant ignitability test.
(2) No furniture shall include
as filling any foam in crumb form unless both-
(a)
the foam from which the crumb is derived passes the ignitability test specified
in Part I of Schedule 1 to these Regulations; and
(b)
the foam in crumb form itself passes the ignitability test specified in Part II
of that Schedule.
(3) A cushion may include filling material which
does not pass the ignitability test specified in Part I or Part II (or both
such parts) of Schedule 2 to these Regulations if the cushion has a primary
cover and, with that cover, passes the ignitability test in Part III of that
Schedule.
(4) A pillow may include filling
material which does not pass the ignitability test specified in Part I or Part
II (or both such parts) of Schedule 2 to these Regulations if the pillow, when
tested with its primary cover, passes the ignitability test in Part III of that
Schedule.
Loose fillings
- No person shall supply any
foam in crumb form which may not be included in furniture by virtue of
regulation 6(2) above, in any case where he knows or has reasonable cause to
believe that the material will be used-
(a)
for filling a cushion or a pillow; or
(b)
for the purpose of upholstering or re-upholstering furniture.
Permanent Covers
8.—(1)
Subject to paragraphs (2) and (3) below, if furniture (other than
mattresses, bed-bases, pillows and cushions) is supplied with a cover on it,
the cover shall pass the match test in Part I of Schedule 5 to these
Regulations.
(2) Where furniture is supplied
with a cover on it and there is between it and the cover an interliner which
passes the test in Schedule 3 to these Regulations, the cover need not pass the
match test.
(3) Paragraph (2) above only
applies where the cover is made of a material 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.
(4) No person shall supply any
cover or fabric knowing or having reasonable cause to believe that it will be
used to provide or replace the permanent cover on any furniture (other than
mattresses, bed-bases, pillows and cushions) unless either-
(a)
the cover or fabric supplied passes the match test mentioned in paragraph (1)
above; or
(b)
the furniture has an interliner which passes the test mentioned in paragraph
(2) above and the cover or fabric is of a kind specified in paragraph (3)
above.
Covers other than permanent covers
9.—(1) Loose covers (other than
stretch covers) for any furniture specified in paragraph (3) below shall pass
the match test in Part I of Schedule 5 to these Regulations.
(2) Stretch covers for any
furniture specified in paragraph (3) below shall pass the match test in Part II
of that Schedule.
(3) In this regulation
"furniture" means any furniture other than mattresses, bed-bases,
pillows and cushions.
Labelling requirements
Display labels
10.—(1) There shall be attached
to furniture to which Schedule 6 to these Regulations applies and which is
exposed for supply by retail the appropriate display label specified in that
Schedule.
(2) The label mentioned in
paragraph (1) above shall be so attached to the furniture as to be clearly
visible to anyone inspecting the furniture and to enable him to read both the
front and the back of the label with as little inconvenience as is reasonably
practicable.
Permanent labels
- Furniture and covers to
labelling specified in Part II or Part III of Schedule 7 to these Regulations
in accordance with the provisions of Part II or Part III of that Schedule, as
the case may be, (and if the furniture or cover does not bear the permanent
labelling specified in Part II of Schedule 7 the requirements of regulation 12
below shall also be complied with in relation to such furniture or cover).
Requirement to give information
12.—(1) This regulation applies
to any person who supplies or has supplied within the period of five years (or,
if shorter, so much of that period as falls after 1st November 1988)
immediately prior to his being required to give the information in question any
furniture or cover to which Schedule 7 to these Regulations applies in relation
to which the requirements of Part III of Schedule 7 to these Regulations and
not those of Part II of that Schedule are satisfied.
(2) The information which may be
required by paragraph (4) below is the following information in respect of the
furniture or cover specified in paragraph (1) above:-
(a)
the name and the postal code of the address of the principal place of business
of the manufacturer or importer who first supplied the article in the United
Kingdom;
(b)
the date on which the article was manufactured or imported (in its finished
form) into the United Kingdom;
(c)
the description of all the filling materials included in the article;
(d)
the description of all the covering materials included in the article.
(3) The information specified in
paragraph (2) above need not be given in relation to-
(a)
cushions and pillows (except for information required by subparagraphs (a) and
(c) of paragraph (2) above);
(b)
cots, carry-cots, playpens, prams and pushchairs (except for information required
by subparagraphs (a), (c) and (d) of paragraph (2) above);
(c)
any other article similar in its nature and use to any article in subparagraph
(b) of this paragraph and designed to carry a baby or small child (except for
information required by subparagraphs (a), (c) and (d) of paragraph (2) above);
(d)
covers (except for information required by subparagraphs (a) and (d) of
paragraph (2) above).
(4) Any person to whom this
regulation applies shall give to an enforcement authority, or any of its
officers, the information specified in paragraph (2) above on his being
required to give such information at a reasonable time.
First suppliers: requirement to give
information
13.—(1) Any person to whom
paragraph (3) below applies shall give to an enforcement authority or any of
its officers such information as it or he may reasonably require for the
purpose of enabling the authority to enforce any of the requirements of these
Regulations relating to any furniture other than mattresses, bed-bases, pillows
and cushions.
(2) Without prejudice to the
generality of paragraph (1) above, information may be required to be given, in
accordance with that paragraph, relating to any of the following matters, that
is to say-
(a)
the results of any test prescribed by these Regulations carried out on the
furniture in question or any of its components;
(b)
the means by which those results are attributed to furniture or components of a
particular description or batch;
(c)
the correspondence of any records with labels, batch numbers of marks appearing
on or relating to any goods.
(3) This paragraph applies to
any manufacturer or importer who supplies or has supplied within the period of
five years (or, if shorter, so much of that period as falls after 1st November
1988) immediately prior to his being required to give the information in
question any furniture specified in paragraph (1) above.
Second-hand furniture
14.—(1) This regulation applies
to furniture which has previously been supplied (whether before or after 1st
March 1990, provided that it is not excluded by regulation 4 above, and whether
in the United Kingdom or elsewhere) to any person who acquired it otherwise
than for the purposes of a business of dealing in furniture.
(2) Furniture to which this
regulation applies shall satisfy the requirements of regulations 5, 6 and 8(1)
to (3) subject to the exceptions to those requirements for certain furniture specified
in those regulations.
(3) Subject to paragraph (4)
below, no person shall supply any furniture to which this regulation applies in
the period before 1st March 1993 unless:-
(a)
it meets the cigarette test in the case of furniture to which regulation 3(1)
of the Upholstered Furniture (Safety) Regulations 1980[9] as amended by the
Upholstered Furniture (Safety) (Amendment) Regulations 1983[10] applied; and
(b)
there is attached to the furniture the display label specified in Schedule 8 to
these Regulations so as to be clearly visible to anyone inspecting the
furniture and to enable him to read both the front and the back of the label
with as little difficulty as is reasonably practicable.
(4) The display label specified
in Schedule 8 to these Regulations need not be attached to the furniture if the
furniture meets all the requirements of these Regulations which would have had
to be met if paragraph 2 of this regulation had been in force.
Prohibition on supply
15.—(1) Subject to paragraph (2)
below, no person shall supply any furniture or other article in respect of
which any of the requirements of these Regulations is not satisfied.
(2) Paragraph (1) above does not
apply where the furniture or other article is supplied as part of the fixtures
and fittings of a caravan which is being supplied at the same time and which
has previously been supplied (whether before or after 1st November 1988 and
whether in the United Kingdom or elsewhere) to any person who acquired it
otherwise than for the purposes of a business of dealing in caravans.
Eric Forth
Parliamentary Under-Secretary of State, Department
of Trade and Industry
26th July 1988
--------------------------------------------------------------------------------
Notes:
[1] 1987 c. 43. back
[2] S.I. 1980/725. back
[3] S.I. 1983/519. back
[4] ISBN 0 580 08189 3. back
[5] ISBN 0 580 10449 4. back
[6] ISBN 0 580 11106 7. back
[7] ISBN 0 580 12842 3. back
[8] ISBN 0 580 15542 0. back
[9] S.I. 1980/725. back
[10] S.I. 1983/519. back
Explanatory Note
SCHEDULE 1
Regulations 3, 6 and 7
PART I
Ignitability test for polyurethane foam in
slab or cushion form.
- The foam shall be tested in
corresponding to the specification set out in paragraph 2 below.
- The fabric shall be made of
to a plain weave. The yarn in the warp shall be of 1.6 decitex fibre, spun to a
linear density of 37 tex, Z twist at 420 turns per metre. The fabric shall be
woven to 20.5 yarn threads per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
- The test rig as specified
less than 28×6 mm mesh size. The test rig is placed on a metal tray of
sufficient dimensions to collect any debris falling from specimens being
tested. The rig and debris tray shall be mounted on a weighing balance with a
remote readout having a full-scale deflection of at least 0 to 20 kg to an
accuracy of 2 g.
- The foam under test, cut to
specified in paragraph 2 above and tensioned with clips as set out in BS 5852:
Part 2. An ignition source 5 crib is placed in position. The mass of the
complete assembly is determined ("initial mass"). The test shall be
carried out in accordance with BS 5852: Part 2. In particular flaming or
smouldering failure shall be determined against the criteria of clause 4 of BS
5852: Part 2.
After flaming and smouldering has ceased,
any debris which has become detached from the specimen shall be removed. The
remaining mass of the assembly ("final mass") is then recorded.
- If failure against the criteria
the limits defined in clauses 4.1(e), 4.1(f) and 4.2(f) and provided that the
resultant mass loss (initial mass less final mass) is less than 60 g the foam
passes the ignitability test.
PART II
Ignitability test for polyurethane foam in
crumb form.
- The foam shall be tested in
corresponding to the specification set out in paragraph 2 below.
- The fabric shall be made of
to a plain weave. The yarn in the warp shall be of 1.6 decitex fibre, spun to a
linear density of 37 tex, Z twist at 420 turns per metre. The fabric shall be
woven to 20.5 yarn threads per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
- The test rig panels are
shall be placed upon the seat and back panels so that when the cover fabric
piece is placed over them, both are stuffed to the density used in the
furniture as intended. The test is then carried out in accordance with BS 5852:
Part 2 using ignition source 2 as specified therein.
- If smouldering or flaming
has occurred only by way of damage exceeding the limits defined in Clauses
4.1(e), 4.1(f) and 4.2(f), the crumb foam passes the ignitability test.
PART III
Ignitability test for latex rubber foam.
- The foam shall be tested in
corresponding to the specification set out in paragraph 2 below.
- The fabric shall be made of 100 per cent flame retardant
the warp shall be of 1.6 decitex fibre, spun to a linear density of 37 tex, Z
twist at 420 turns per metre. The fabric shall be woven to 20.5 yarn threads
per centimetre in the warp.
The yarn in the weft shall be of 3.3
decitex fibre spun to a linear density of 100 tex, Z twist at 550 turns per
metre. The fabric shall be woven to between 12.6 and 13 threads per centimetre
in the weft.
The fabric finish shall be scoured and heat
set. Its mass shall be 220 g per m2 plus or minus 5 per cent.
- The foam under test cut to
specified in paragraph 2 above and tensioned with clips as set out in BS 5852:
Part 2. The test is then carried out using ignition source 2 as specified
therein.
against the criteria of clause 4 of BS 5852: Part 2 does not occur, the latex
rubber foam passes the ignitability test.
SCHEDULE 2
Regulations 3, 6 and 7
PART I
Ignitability test for non-foam filling
materials singly.
- The filling material shall
fabric to the specification in paragraph 2 in Part I of Schedule 1 to these
Regulations.
- The specimen comprising the
with ignition source 2 as specified in BS 5852: Part 2. Where the filling
material is loose it shall be packed as indicated in paragraph 3 in Part II of
Schedule 1.
- If smouldering or flaming
has occurred only by way of damage exceeding the limits defined in clause
4.1(e), 4.1(f) and 4(2)(f) the non-foam filling passes the ignitability test.
PART II
Ignitability test for composite fillings
for furniture other than mattresses, bed-bases, cushions and pillows.The composite
fillings, covered with the primary cover are built up on the test rig as
described in BS 5852: Part 2. The covering fabric shall be that specified in
paragraph 2 in Part I of Schedule 1. The test procedure with the use of
ignition source 2 specified in BS 5852: Part 2 and the criteria of failure
shall be as specified therein.
PART III
Composite test for ignitability of pillows
and cushions with primary covers.
- For pillows the test
the filling is of a loose nature the specimen shall be prepared as set out for
loose fillings in paragraph 3 in Part II of Schedule 1. The test procedure
using ignition source 2 shall be as specified in BS 5852: Part 2. If smouldering
or flaming failure against the criteria of clause 4 of BS 5852: Part 2 has not
occurred or has occurred only by way of damage exceeding the limits defined in
clause 4(1)(e), 4(1)(f) and 4(2)(f), the composite pillow filling passes the
ignitability test.
2.
For cushions with primary covers the test specimen shall be made up of
filling, the primary cover and standard fabric as in Schedule 1 Part I,
paragraph 2. Where the filling is loose, it shall be packed as set out in
Schedule 1 Part II, paragraph 3. The test procedure using ignition source 2
shall be as specified in BS 5852: Part 2. If smouldering or flaming failure
against the criteria of clause 4 of BS 5852: Part 2 has not occurred or has
occurred only by way of damage exceeding the limits defined in clause 4(1)(e),
4(1)(f) and 4(2)(f) the composite cushion filling passes the ignitability test.
PART IV
Ignitability test for composite fillings of
mattresses and bed-bases.
- The test specimen shall be
materials to be used or by removing existing ticking from a mattress or
upholstered divan or bed-base.
- The specified test fabric
shall be fitted so as to reproduce the tension in the original article where
this is being tested.
according to Section Four of BS 6807 using ignition source 2 as specified in BS
5852: Part 2. Smouldering or flaming failure shall be as defined in BS 5852:
Part 2.
SCHEDULE 3
Regulation 8(2)
Ignition resistance
test for interliner.
1.
An interliner which is a fabric that has been treated with a
fire-retardant chemical to reduce the ignitability of the upholstery shall,
before it is conditioned in accordance with clause 7.1 of B.S. 5852: Part 1, be
subjected to the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S.
5651, save that for the second subclause of clause 4.5 there shall be
substituted the following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
2.
The interliner, water-soaked or not as the case may be, shall be tested
using cover fabric corresponding to the specification set out in paragraph 3
below and foam filling corresponding to the specification set out in paragraph
4 below. The test shall be conducted using ignition source 5 of BS 5852: Part
2.
3.
The fabric shall be made of 100 per cent flame retardant polyester
fibre. Its construction shall be woven to a plain weave. The yarn in the warp
shall be of 1.6 decitex fibre, spun to a linear density of 37 tex, Z twist at
420 turns per metre. The fabric shall be woven to 20.5 yarn threads per
centimetre in the warp.
The yarn in the
weft shall be of 3.3 decitex fibre spun to a linear density of 100 tex, Z twist
at 550 turns per metre. The fabric shall be woven to between 12.6 and 13
threads per centimetre in the weft.
The fabric
finish should be scoured and heat set. Its mass shall be 220 g per m2 plus or
minus 5 per cent.
4.
The filling material for the test shall be non fire-retardant
polyurethane foam corresponding to the specification set out in BS 3379 Type B
Hardness grade 130 and of a density of 20-22 kg per m3.
specified in clause 4 of BS 5852: Part 2.
SCHEDULE 4
Regulations 3
and 5
THE CIGARETTE
TEST
Modifications to
BS 5852: Part 1
1.
Appendix A of B.S. 5852: Part 1 shall be disregarded.
2.
All braids and other trimmings shall be removed from material upon which
a test is to be conducted.
3.
Any covering fabric or fire-barrier material which has been treated with
a fire-retardant chemical to reduce the ignitability of the upholstery shall,
before it is conditioned in accordance with clause 7.1 of B.S. 5852: Part 1, be
subjected to the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S.
5651, save that for the second subclause of clause 4.5 there shall be
substituted the following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
4.
Where a test is to be conducted in respect of furniture which has no
upholstered back and no upholstered arms, the materials on the test rig shall
be arranged as if the furniture had an upholstered back the upholstery of which
consisted of the same materials as the upholstery of the seat; and where a test
is to be conducted in respect of furniture which has an upholstered back or
upholstered arms but no upholstered seat, the materials on the test rig shall
be arranged as if the furniture had an upholstered seat the upholstery of which
consisted of the same materials as the upholstery of the back or arms.
5.
Where the upholstery to be tested is such that the materials in one part
of the furniture are not the same as those in another part, separate tests
shall be conducted in respect of each part as if each part were the seat of
furniture which had no upholstered back and no upholstered arms, save that no
test shall be conducted in respect of a part the upholstery of which consists
of the same materials as the upholstery of a part in respect of which a test
has already been conducted; and in this paragraph, "part" means the
back, the seat or the arms.
design of the covering material, at least one seam in respect of each test to
be conducted shall be so aligned on the test rig that it crosses the junction
of the back and the seat at approximately right angles thereto and not less
than 50 mm from the nearest side edge, and the test (or, in the case of a test
which is repeated, the first test) shall be conducted with the cigarette placed
across the seam at that junction.
SCHEDULE 5
Regulations 3, 8
and 9
THE MATCH TEST
PART I
1.
All braids and other trimmings shall be removed from material upon which
a test is to be conducted.
2.
Any covering fabric which has been treated with a fire-retardant
chemical to reduce the ignitability of the upholstery shall, before it is
conditioned in accordance with clause 7.1 of B.S. 5852: Part 1 be subjected to
the water-soaking procedure set out in clauses 4.2 to 4.5 of B.S. 5651, save
that for the second subclause of clause 4.5 there shall be substituted the
following:
"After 30
minutes, remove the specimen, rinse in water (4.2.1) using a liquor ratio of
1:20 for 2 minutes, and then dry the specimen by any method suitable for the
fabric type."
3.
The test shall be carried out in accordance with those provisions of BS
5852: Part 1 which relate to butane flame ignition source 1. The filling
material for this test shall be non-fire retardant polyurethane foam
corresponding to the specification set out in BS 3379 Type B Hardness grade 130
and of a density of 20-22 kg per m3.
4.
The criteria of failure shall be those specified in clause 4 of BS 5852:
Part 1.
PART II
THE MATCH TEST
FOR STRETCH COVERS
The test for
stretch covers shall be conducted in the same way as for other cover materials
except that the filling material over which the fabric is tested shall be a
foam which passes the ignitability test in Part I of Schedule 1 and which has a
density of 24-26 kg per m3.
SCHEDULE 6
Regulation 10
PART I
1.
This Schedule applies to all furniture except mattresses, bed-bases,
pillows and cushions.
2.
The appropriate display labels are set out in Parts II, III and IV of
this Schedule.
3.
The display label shall be substantially in the form (including size,
colours used and size and type of print used) of the label in Part II, III or
IV of this Schedule, as the case may be.
4.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) the appropriate display label shall be attached to each
individual piece.
PART II
Where the
requirements of regulations 5, 6, and 8(1) of these Regulations are complied
with the appropriate display label is:-
PART III
Where the furniture has a permanent cover which does not pass
the test in regulation 8(1) but has an interliner which passes the test in
Schedule 3 to these regulations and the furniture satisfies the requirements of
regulations 5 and 6 the appropriate display label is:-
PART IV
During the
period between 1st March 1989 and 28th February 1990 where only the
requirements of regulations 5 and 6 are complied with the appropriate display
label is:-
SCHEDULE 7
Regulation 11
PERMANENT
LABELLING REQUIREMENTS
PART I
1.
This Schedule applies to all furniture (except mattresses and bed-bases)
which includes upholstery and to the covers referred to in regulation 9(1) and
(2) above.
PART II
1.
Subject to paragraphs 2 and 3 below, articles mentioned in Part I of
this Schedule shall bear a label which sets out, in order, the following-
(a) the words "CARELESSNESS CAUSES
FIRE";
(b) the name and the postal code of the
address of the principal place of business of the manufacturer or importer who
first supplied the article in the United Kingdom;
(c) the batch number or identification number
(if any) of the article in question;
(d) the date on which the article was
manufactured or imported (in its finished form) into the United Kingdom;
(e) the description of all the filling
materials included in the article;
(f) the description of all the covering
materials included in the article; and
(g) whether or not the article includes an
interliner which passes the test in Schedule 3 to these Regulations.
2.
(a) the matters set out in subparagraphs (c),
(d), (f) and (g) of paragraph 1 above need not appear on labels required for
cushions and pillows;
(b) the matters set out in sub-paragraphs
(c), (d) and (g) of paragraph 1 above need not appear on labels required for:
(i) cots, carry-cots, playpens, prams and
pushchairs;
(ii) any other article similar in its nature
and use to any article in b(i) above and designed to contain a baby or small
child.
3.
The matters set out in subparagraphs (c), (d), (e) and (g) of paragraph
1 above need not appear on labels required for covers.
4.
The labels specified in this Part of this Schedule may, in the case of
covers, appear anywhere on the cover and, in the case of other articles, shall
appear on an external surface of the article but in every case the labels shall
not appear so as to obscure any label or mark required to appear on the article
by or under any enactment.
5.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) and in the case of covers which are so sold the label shall
be attached to each individual piece.
6.
The wording and numbering specified in this Part of this Schedule shall
appear in medium letters of at least 10 point in upper or lower case and shall
be set out in legible and durable form on a background of a sufficiently
contrasting colour to enable the wording and numbering to be clearly seen.
The label on
which the wording and numbering appears shall itself be durable and shall be
securely attached to the article in question.
PART III
1.
Subject to paragraphs 2 and 3 below, articles mentioned in Part I of
this Schedule shall bear a label which sets out, in order, the following-
(a) the words "CARELESSNESS CAUSES
FIRE";
(b) the batch number or identification number
(if any) of the article in question;
(c) whether or not the article includes an
interliner which passes the test in Schedule 3 to these Regulations; and
(d) a summary of the measures which have been
taken to ensure that the article complies with the requirements of these
Regulations.
2.
The matters set out in subparagraphs (b) and (c) of paragraph 1 above
need not appear on labels required for-
(a) cushions and pillows;
(b) cots, carry-cots, playpens, prams and
pushchairs;
(c) any other article similar in its nature
and use to any article in subparagraph (b) above and designed to contain a baby
or small child;
(d) covers.
3.
The labels specified in this Part of this Schedule may, in the case of
covers, appear anywhere on the cover and, in the case of other articles, shall
appear on an external surface of the article but in every case the labels shall
not appear so as to obscure any label or mark required to appear on the article
by or under any enactment.
4.
In the case of furniture sold as a collection of pieces (such as
three-piece suites) and in the case of covers which are so sold the label shall
be attached to each individual piece.
5.
The wording and numbering specified in this Part of this Schedule shall
appear in medium letters of at least 10 point in upper or lower case and shall
be set out in legible and durable form on a background of a sufficiently
contrasting colour to enable the wording and numbering to be clearly seen.
The label on
which the wording and numbering appears shall itself be durable and shall be
securely attached to the article in question.
SCHEDULE 8
Regulation 14(3)
Display label
for second-hand furniture in period before regulation 14(2) comes into force (that
is, before 1st March 1993).
The display label
required by regulation 14(3) (subject to regulation 14(4) ) to be attached to
furniture which regulation 14(1) applies in the period before 1st March 1993
is:-
--------------------------------------------------------------------------------
EXPLANATORY NOTE
(This note is
not part of the Regulations)
These
Regulations ("the Regulations") which revoke the Upholstered
Furniture (Safety) Regulations 1980 as amended by the Upholstered Furniture
(Safety) (Amendment) Regulations 1983 impose requirements in relation to new
domestic furniture, including garden furniture which may be used indoors and
furniture for use in caravans, subject to exceptions from some of the Regulations
for certain furniture. Some of the requirements apply to second-hand furniture.
The Regulations do not apply to goods for export or to the supply of goods made
before 1st January 1950 or to the supply of materials intended for
re-upholstering furniture made before that date.
The main
provisions of the Regulations are as follows:-
(a) no furniture
(other than mattresses, bed-bases, pillows and cushions) may include upholstery
which does not pass the cigarette test as defined in regulation 3(1) (regulation
5);
(b) no furniture
(other than pillows and cushions) may include any filling material which fails
the relevant ignitability test as defined in regulation 3(1) and no furniture
may include as filling any crumb foam which is not derived from combustion-modified
foam (regulation 6);
(c) loose
filling material may not be supplied for filling pillows or cushions or
upholstering or re-upholstering furniture if it fails the relevant ignitability
test or if it contains crumb foam which is not derived from combustion-modified
foam (regulation 7);
(d) if furniture
(other than mattresses, bed-bases, pillows and cushions) is supplied with a
permanent cover the cover must pass the match test as defined in regulation
3(1) unless the cover is made of a specified material and the furniture has an
interliner which passes the test in Schedule 3 (regulation 8(1) to (3));
(e) a cover or
fabric intended to replace the permanent cover on furniture mentioned in
regulation 8(1) may not be supplied unless the cover or fabric passes the match
test or the furniture has an interliner which passes the test in schedule 3 and
the cover or fabric is of a specified material (regulation 8(4));
(f) covers other
than permanent covers for furniture except mattresses, bed-bases, pillows and
cushions must pass the appropriate match test (regulation 9);
(g) the
appropriate display label as set out in Schedule 6 is to be attached to
furniture other than mattresses, bed-bases, pillows and cushions which is
exposed for supply by retail (regulation 10);
(h) permanent
labels are to be attached to furniture (except mattresses and bed-bases) which
include upholstery and to covers other than permanent covers (regulation 11)
and if the label is not in the longer form (as specified in Part II of Schedule
7) the additional information set out in regulation 12 must be supplied to an
enforcement authority, if required;
(i)
manufacturers and importers must supply the information specified in regulation
13 to an enforcement authority, if required to do so;
(j) second-hand
furniture is required to comply with regulations 5, 6 and 8(1) to (3) from 1st
March 1993 (regulation 14(2); regulation 1(2)(j)) and in the period from 1st
March 1990 until 1st March 1993 second-hand furniture may only be supplied
subject to the requirements of regulation 14(3) taken with regulation 14(4);
(k) the supply
(including the offering and agreeing to supply and the exposing and possessing
for supply) of any furniture or other article in respect of which any of the
requirements of the Regulations is not satisfied is prohibited, subject to an
exception for goods which are supplied as part of a caravan which is being
supplied second-hand (regulation 15).
The provisions
of the Regulations come into force on various dates between 1st November 1988
(when regulation 6 insofar as it relates to foam comes into force as regards
the duties of manufacturers and importers, subject to a postponement for garden
furniture and furniture for caravans) and 1st March 1993 (regulation 1(2)).
The Regulations
refer to the provisions of the British Standards set out in regulation 3. The
Regulations do not require testing to be carried out by a United Kingdom test
house. If equivalent Standards giving the appropriate level of protection are adopted
in other member States or by other bodies the Regulations may be amended so as
to refer also to such Standards.
Copies of the
British Standards referred to in the Regulations may be obtained from any of
the sales outlets operated by the British Standards Institution (BSI) or by
post from the BSI at Linford Wood, Milton Keynes, MK14 6LE.
--------------------------------------------------------------------------------
ISBN 0 11 087324
6
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