Re: 310 CMR 78.00: Ban of Covered Products Containing Certain Flame Retardants. This law took effect as of April 01, 2021, and is enforced by Mass DEP.
Quick Summary: Law bans 11 types of chemical flame retardants from "covered products" including window treatments (curtains, blinds, or shades). Products must meet NFPA 701, per MA Codes.
Chemical lobby and window treatment manufacturers association are pushing back against the law. During stakeholder meetings to pass the law, no specific objections were raised. I'm drafting some written testimony in favor, due October 25, to the DEP.
- Between Draper and MechoSystems, there are nine compliant solar shade cloths already on the market.
- Many curtains and drapery fabrics are already compliant, mostly thanks to the Healthy Hospitals Initiative.
I've discovered one glaring problem, blackout shades. Today these are made with some type of plastic foam, which cannot pass NFPA 701 without chemical flame retardants. Rachel Berman Berkin (formerly Mecho) has been super helpful explaining this to me.
Should we recommend an exemption for a short period of time (1 more year?) so the industry can develop a new product? Should it be limited to certain uses?
Where do we typically use blackout shades?
- Schools, for exterior windows where room darkening is desired.
- Schools, for interior glazed windows, glazed doors, and sidelites, for security.
- Hospital inpatient rooms, for exterior windows where room darkening is desired.
- Renovations and retrofits, where rooms are repurposed.
Other uses, like office spaces and multifamily housing, commonly use aluminum blinds and draperies.
Let me know what you think about this issue and if you can put me in touch with a window treatment manufacturer's representative or someone else who you think might be helpful.
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