PART 1633—STANDARD FOR THE FLAMMABILITY (OPEN FLAME) OF MATTRESS SETS Authority: 15 U.S.C. 1193, 1194 Source: 71 FR 13498, Mar. 15, 2006, unless otherwise noted. Subpart A—The Standard § 1633.1 Purpose, scope and applicability. (a) Purpose. (b) Scope. (2) One-of-a-kind mattress sets may be exempted from testing under this standard in accordance with § 1633.13(c). (c) Applicability. § 1633.2 Definitions. In addition to the definitions given in section 2 of the Flammable Fabrics Act as amended (15 U.S.C. 1191), the following definitions apply for purposes of this part 1633. (a) Mattress (1) This term includes, but is not limited to, adult mattresses, youth mattresses, crib mattresses (including portable crib mattresses), bunk bed mattresses, futons, flip chairs without a permanent back or arms, sleeper chairs, and water beds or air mattresses if they contain upholstery material between the ticking and the mattress core. Mattresses used in or as part of upholstered furniture are also included; examples are convertible sofa bed mattresses, corner group mattresses, day bed mattresses, roll-away bed mattresses, high risers, and trundle bed mattresses. See § 1633.9 Glossary of terms, for definitions of these items. (2) This term excludes mattress pads, mattress toppers (items with resilient filling, with or without ticking, intended to be used with or on top of a mattress), sleeping bags, pillows, liquid and gaseous filled tickings, such as water beds and air mattresses that contain no upholstery material between the ticking and the mattress core, upholstered furniture which does not contain a mattress, and juvenile product pads such as car bed pads, carriage pads, basket pads, infant carrier and lounge pads, dressing table pads, stroller pads, crib bumpers, and playpen pads. See § 1633.9 Glossary of terms, for definitions of these items. (b) Foundation (c) Mattress set (d) Renovation (1) This term includes any one, or any combination of the following: replacing the ticking or batting, stripping a mattress to its springs, rebuilding a mattress, or replacing components with new or recycled materials. (2) This term excludes alterations if the person who renovates the mattress intends to retain the renovated mattress for his or her own use, or if a customer or a renovator merely hires the services of the renovator and intends to take back the renovated mattress for his or her own use. (e) Ticking (f) Upholstery material (g) Edge (h) Tape edge (i) Binding tape (j) Seam thread (k) Manufacturer (l) Prototype (m) Prototype developer (n) Qualified prototype (o) Confirmed prototype (p) Subordinate prototype (q) Prototype pooling (r) Confirmation test (s) Production lot (t) Specimen (u) Twin size 1/2 (v) Core § 1633.3 General requirements. (a) Summary of test method. (b) Test criteria. (i) The peak rate of heat release shall not exceed 200 kilowatts (“kW”) at any time within the 30 minute test; and (ii) The total heat release shall not exceed 15 megajoules (“MJ”) for the first 10 minutes of the test. (2) In the interest of safety, the test operator should discontinue the test and record a failure if a fire develops to such a size as to require suppression for the safety of the facility. (c) Testing of mattress sets. (d) Compliance with this standard. § 1633.4 Prototype testing requirements. (a) Except as otherwise provided in paragraph (b) of this section, each manufacturer shall cause three specimens of each prototype to be tested according to § 1633.7 and obtain passing test results according to § 1633.3(b) before selling or introducing into commerce any mattress set based on that prototype, unless the manufacturer complies with the prototype pooling and confirmation testing requirements in § 1633.5. (b) Notwithstanding the requirements of paragraph (a) of this section, a manufacturer may sell or introduce into commerce a mattress set that has not been tested according to § 1633.7 if that mattress set differs from a qualified or confirmed prototype only with respect to: (1) Mattress/foundation length and width, not depth ( e.g. (2) Ticking, unless the ticking of the qualified prototype has characteristics (such as chemical treatment or special fiber composition) designed to improve performance on the test prescribed in this part; and/or (3) Any component, material, design or method of assembly, so long as the manufacturer can demonstrate on an objectively reasonable basis that such differences will not cause the mattress set to exceed the test criteria specified in § 1633.3(b). (c) All tests must be conducted on specimens that are no smaller than a twin size, unless the largest size mattress set produced is smaller than a twin size, in which case the largest size must be tested. (d)(1) If each of the three specimens meets both the criteria specified in § 1633.3(b), the prototype shall be qualified. If any one (1) specimen fails to meet the test criteria of § 1633.3(b), the prototype is not qualified. (2) Any manufacturer may produce a mattress set for sale in reliance on prototype tests performed before the effective date of this Standard, provided: (i) The manufacturer has documentation showing that such tests were conducted in accordance with all requirements of this section and § 1633.7 and yielded passing results according to the test criteria of § 1633.3(b); (ii) Any tests conducted more than 30 days after publication of this standard in the Federal Register (iii) Such mattress sets may be used for prototype pooling only if the manufacturer complies with applicable recordkeeping requirements in § 1633.11; and (iv) Such mattress sets may serve as the basis for a subordinate prototype only if the manufacturer has all records required by § 1633.11. § 1633.5 Prototype pooling and confirmation testing requirements. (a) Prototype pooling. (1) The prototype meets the requirements of § 1633.4; (2) The mattress sets being produced are the same as the qualified prototype with respect to materials, components, design and methods of assembly; and (3) The manufacturer producing mattress sets in reliance on a qualified prototype has performed a confirmation test on at least one (1) Specimen of the mattress set it produces in accordance with § 1633.7. The tested specimen must meet the criteria under § 1633.3(b) before any mattress sets based on the qualified prototype may be sold or introduced into commerce. (b) Confirmation test failure. (2) If a confirmation test specimen fails to meet the criteria of § 1633.3(b), the manufacturer thereof must notify the manufacturer of the prototype of the test failure. § 1633.6 Quality assurance requirements. (a) Quality assurance. (1) Controls, including incoming inspection procedures, of all mattress set materials, components and methods of assembly to ensure that they are the same as those used in the prototype on which they are based; (2) Designation of a production lot that is represented by the prototype; and (3) Inspection of mattress sets produced for sale sufficient to demonstrate that they are the same as the prototype on which they are based with respect to materials, components, design and methods of assembly. (b) Production testing. (c) Failure of mattress sets produced for sale to meet flammability standard Sale of mattress sets. (2) Corrective action. § 1633.7 Mattress test procedure. (a) Apparatus and test materials Calorimetry. (2) Test area. (i) Test configuration A. (an open calorimeter (or furniture calorimeter)). (ii) Test configuration B. (3) Location of test specimen. (4) Bed frame. Frame dimensions. (ii) Frame height. (iii) Frame crosspieces. 1/3 3/4 (5) Catch pan. (6) Ignition source General. (ii) Top surface burner. (iii) Side surface burner. (iv) Burner stand-off. (v) Burner inlet lines. 3/8 (vi) Burner frame. (vii) Arms. 1 1 (viii) Burner head. 1/8 (ix) Flow control system. 2 2 (x) Gas flow rate. (b) Calibration of Propane Flowmeters Preparation. (i) The most practical and accurate method of measuring and calibrating the flow rate of gases (including propane) is use of a diaphragm test meter (also called a dry test meter). A diaphragm test meter functions based on positive displacement of a fixed volume of gas per rotation and its reading is therefore independent of the type of the gas being used. The gas pressure and temperature, however, can have significant impact on the measurement of flow rate. (ii) The gas pressure downstream of the rotameters that are installed in the control box of the burner assembly should be maintained near atmospheric pressure (only a few millimeters of water above atmosphere). Therefore, the best location to place the diaphragm test meter for gas flow calibration is right downstream of the control box. The pressure at the propane tank must be set at 20 ±1 pounds per square inch gage (psig). (2) Calibration Procedure. 3 3 (c) Conditioning. (d) Test preparation General. (2) Specimen. (e) Burner flow rate/flow timer confirmation. (f) Location of the gas burners. (g) Burner set-up. 4 4 (h) Burner alignment procedure Preparation. (i) Check that the pivot point for the mattress top burner feed tube and the two metal plates around it are clean and well-lubricated so as to allow smooth, free movement. (ii) Set the two burners such that the 5° out-of-plane angling of the flame jets makes the jets on the two burners point slightly toward (iii) Check the burner stand-off feet for straightness and perpendicularity between foot pad and support rod and to see that they are clean of residue from a previous test. (iv) Have at hand the following items to assist in burner set-up: The jig, shown in Figure 10 of this part, for setting the stand-off feet at their proper distances from the front of the burner tube; a 3 mm thick piece of flat stock (any material) to assist in checking the parallelness of the burners to the mattress surfaces; and a 24 gage stainless steel sheet metal platen that is 30 mm (12 in) wide, 610 mm (24 in) long and has a sharp, precise 90° bend 355 mm (14 in) from one 30 mm wide end or another dimension that meets the requirements for a specific sample. (2) Alignment. 5 5 (ii) With both burner arms horizontal (pinned in this position), fully retract the stand-off feet of both burners and, if necessary, the pilot tubes as well. 6 7 6 7 (iii) Move the horizontal burner in/out (loosen the thumb screw near the pivot point) until the outer end of the burner tube is 13 mm to 19 mm ( 1/2 3/4 (iv) Make the horizontal burner parallel to the top of the platen (within 3 mm ( 1/8 (v) Move the burner assembly perpendicularly back away from the mattress about 30 cm (1 ft). Set the two stand-off feet to their respective distances using the jig designed for this purpose. Install the jig fully same side (vi) Set the downward force of the horizontal burner. Remove the retainer pin near the pivot. While holding the burner feed arm horizontal using a spring scale 8 8 (vii) Remove the sheet metal platen (and tape holding it). (viii) Hold the horizontal burner up while sliding the burner assembly forward until the vertical burner stand-off foot just touches the mattress and/or the foundation, then release the horizontal burner. The outer end of the burner tube should extend at least 6 mm to 12 mm ( 1/4 1/2 9 9 (ix) Make sure all thumbscrews are adequately tightened. Care must be taken, once this set-up is achieved, to avoid bumping the burner assembly or disturbing the flexible lines that bring propane to it. (x) If there is any 10 10 (i) Running the test. (2) Burner Preparation. (ii) Position burner on test specimen and remove sheet metal platen. (iii) Place screens around both burners. (3) Start pilots. (4) Start recording systems. (5) Initiate test. (6) End of burner exposure. (j) Video Recording/Photographs. (k) Cessation of Test. (2) Note the time and nature of any unusual behavior that is not fully within the view of the video camera. This is most easily done by narration to a camcorder. (3) Run the heat release rate system and datalogger until the fire has been fully out for several minutes to allow the system zero to be recorded. (l) Use of alternate apparatus. [71 FR 13498, Mar. 15, 2006, as amended at 73 FR 6842, Feb. 6, 2008] § 1633.8 Findings. (a) General. (b) Voluntary standards. (c) Relationship of benefits to costs. (d) Least burdensome requirement. § 1633.9 Glossary of terms. (a) Absorbent pad. (b) Basket pad. (c) Bunk beds. (d) Car bed. (e) Carriage pad. (f) Chaise lounge. (g) Convertible sofa. (h) Corner groups. (i) Crib bumper. (j) Daybed. (k) Dressing table pad. (l) Drop-arm loveseat. (m) Futon. (n) High riser. (o) Infant carrier and lounge pad. (p) Mattress foundation. (q) Murphy bed. (r) Pillow. (s) Playpen pad. (t) Portable crib. (u) Quilted (v) Roll-away-bed. (w) Sleep lounge. (x) Stroller pad. (y) Sofa bed. (z) Sofa lounge (aa) Studio couch. (bb) Studio divan. (cc) Trundle bed. (dd) Tufted (ee) Twin studio divan. (ff) Flip or sleeper chair. Subpart B—Rules and Regulations § 1633.10 Definitions. (a) Standard (b) The definition of terms set forth in the § 1633.2 of the Standard shall also apply to this section. § 1633.11 Records. (a) Test and manufacturing records C general. (1) Test results and details of each test performed by or for that manufacturer (including failures), whether for qualification, confirmation, or production, in accordance with § 1633.7. Details shall include: name and complete physical address of test facility, type of test room, test room conditions, time that sample spent out of conditioning area before starting test, prototype or production identification number, and test data including the peak rate of heat release, total heat release in first 10 minutes, a graphic depiction of the peak rate of heat release and total heat release over time. These records shall include the name and signature of person conducting the test, the date of the test, and a certification by the person overseeing the testing as to the test results and that the test was carried out in accordance with the Standard. For confirmation tests, the identification number must be that of the prototype tested. (2) Video and/or a minimum of eight photographs of the testing of each mattress set, in accordance with § 1633.7 (one taken before the test starts, one taken within 45 seconds of the start of the test, and the remaining six taken at five minute intervals, starting at 5 minutes and ending at 30 minutes), with the prototype identification number or production lot identification number of the mattress set, date and time of test, and name and location of testing facility clearly displayed. (b) Prototype records. (1) Unique identification number for the qualified or confirmed prototype and a list of the unique identification numbers of each subordinate prototype based on the qualified or confirmed prototype. Subordinate prototypes that differ from each other only be length or width may share the same identification number. (2) A detailed description of all materials, components, and methods of assembly for each qualified, confirmed and subordinate prototype. Such description shall include the specifications of all materials and components, and the name and complete physical address of each material and component supplier. (3) A list of which models and production lots of mattress sets are represented by each qualified, confirmed and/or subordinate prototype identification number. (4) For subordinate prototypes, the prototype identification number of the qualified or confirmed prototype on which the mattress set is based, and, at a minimum, the manufacturing specifications and a description of the materials substituted, photographs or physical specimens of the substituted materials, and documentation based on objectively reasonable criteria that the change in any component, material, or method of assembly will not cause the subordinate prototype to exceed the test criteria specified in § 1633.3(b). (5) Identification, composition, and details of the application of any flame retardant treatments and/or inherently flame resistant fibers or other materials employed in mattress components. (c) Pooling confirmation test records. (1) The prototype identification number assigned by the qualified prototype manufacturer; (2) Name and complete physical address of the qualified prototype manufacturer; (3) Copy of qualified prototype test records, and records required by paragraph (b)(2) of this section; and (4) In the case of imported mattress sets, the importer shall be responsible for maintaining the records specified in paragraph (b) of this section for confirmation testing that has been performed with respect to mattress sets produced by each foreign manufacturing facility whose mattress sets that importer is importing. (d) Quality assurance records. (1) A written copy of the manufacturer's quality assurance procedures; (2) Records of any production tests performed. Production test records must be maintained and shall include, in addition to the requirements of paragraph (a) of this section, an assigned production lot identification number and the identification number of the qualified, confirmed or subordinate prototype associated with the specimen tested; (3) For each qualified, confirmed and subordinate prototype, the number of mattress sets in each production lot based on that prototype; (4) The start and end dates of production of that lot; and (5) Component, material and assembly records. Every manufacturer conducting tests and/or technical evaluations of components and materials and/or methods of assembly must maintain detailed records of such tests and evaluations. (e) Record retention requirements. (f) Record location requirements. (1) For mattress sets produced in the United States, all records required by this section must be maintained at the plant or factory at which the mattress sets are manufactured or assembled. (2) For mattress sets produced outside of the United States, a copy of all records required by this section must be maintained at a U.S. location, which must be identified on the mattress set label as specified in § 1633.12(a). § 1633.12 Labeling. (a) Each mattress set subject to the Standard shall bear a permanent, conspicuous, and legible label(s) containing the following information (and no other information) in English: (1) Name of the manufacturer, or for imported mattress sets, the name of the foreign manufacturer and importer; (2)(i) For mattress sets produced in the United States, the complete physical address of the manufacturer. (ii) For imported mattress sets, the complete address of the foreign manufacturer, including country, and the complete physical address of the importer or the United States location where the required records are maintained if different from the importer; (3) Month and year of manufacture; (4) Model identification; (5) Prototype identification number for the mattress set; (6) A certification that the mattress complies with this standard. (i) For mattresses intended to be sold without a foundation, a certification stating “This mattress meets the requirements of 16 CFR part 1633 (federal flammability (open flame) standard for mattresses) when used without a foundation”; or (ii) For mattresses intended to be sold with a foundation, a certification stating “This mattress meets the requirements of 16 CFR part 1633 (federal flammability (open flame) standard for mattresses) when used with foundation < ID (iii) For mattresses intended to be sold both alone and with a foundation, a certification stating “This mattress meets the requirements of 16 CFR part 1633 (federal flammability (open flame) standard for mattresses) when used without a foundation or with foundation(s) < ID (7) A statement identifying whether the manufacturer intends the mattress to be sold alone or with a foundation. (i) For mattresses intended to be sold without a foundation, the label shall state “THIS MATTRESS IS INTENDED TO BE USED WITHOUT A FOUNDATION.” See Figures 16 and 17 of this part; or (ii) For mattresses intended to be sold with a foundation, the label shall state “THIS MATTRESS IS INTENDED TO BE USED WITH FOUNDATION(S): < Foundation ID (iii) For mattresses intended to be sold both alone and with a foundation, the label shall state “THIS MATTRESS IS INTENDED TO BE USED WITHOUT A FOUNDATION OR WITH FOUNDATION(S): < Foundation ID (b) The mattress label required in paragraph (a) of this section must measure 2 3/4 (1) All information specified in paragraphs (a)(1) through (6) of this section must be in 6-point font or larger with mixed uppercase and lowercase letters. The text must be left justified and begin 1/4 (2) The statement specified in paragraph (a)(7)(i) of this section must be in 10-point Arial/Helvetica font or larger, uppercase letters with the words “ WITHOUT WITHOUT 1/2 (3) The statement specified in paragraph (a)(7)(ii) of this section must be in 10-point Arial/Helvetica font or larger in uppercase letters. The foundation identifier should be in 12-point font or larger, bolded, and underlined. The text shall be centered in a text box with the width measuring 2 1/2 (4) The statement specified in paragraph (a)(7)(iii) of this section must be in 10-point or larger Arial/Helvetica font, uppercase letters with the words “ WITHOUT WITHOUT 1/2 (c) The foundation label required in paragraph (a) of this section must measure 2 3/4 (1) The information specified in paragraphs (a)(1) through (5) of this section; and (2) The words “Foundation ID:” followed by a distinct name and/or number that corresponds to the name and/or number used on the mattress. This text must be in 10-point or larger bold Arial/Helvetica font, and the foundation identifier must be underlined. See Figures 12 through 15 of this part. (d) The statements specified in paragraphs (a)(6)(i) through (iii) and (a)(7)(i) through (iii) of this section may be translated into any other language and printed on the reverse (blank) side of the label. (e) No person, other than the ultimate consumer, shall remove or mutilate, or cause or participate in the removal or mutilation of, any label required by this section to be affixed to any item. [71 FR 13498, Mar. 15, 2006, as amended at 73 FR 6843, Feb. 6, 2008] § 1633.13 Tests for guaranty purposes, compliance with this section, and “one of a kind” exemption. (a) Tests for guaranty purposes. (b) Compliance with this section. (c) “One of a kind” exemption for physician prescribed mattresses. WARNING: This mattress set may be subject to a large fire if exposed to an open flame. It was manufactured in accordance with a physician's prescription and has not been tested under the Federal Standard for the Flammability (Open-Flame) of Mattress Sets (16 CFR part 1633). (ii) Such labeling must be attached to the mattress set so as to remain on or affixed thereto for the useful life of the mattress set. The label must be at least 40 square inches (250 sq. cm) with no linear dimension less than 5 inches (12.5 cm). The letters in the word “WARNING” shall be no less than 0.5 inch (1.27 cm) in height and all letters on the label shall be in a color which contrasts with the background of the label. The warning statement which appears on the label must also be conspicuously displayed on the invoice or other sales papers that accompany the mattress set in commerce from the manufacturer to the final point of sale to a consumer. (2) The manufacturer of a mattress set exempted from testing under this paragraph (c) shall, in lieu of the records required to be kept by § 1633.10, retain a copy of the written prescription or other comparable written medical therapeutic specification for such mattress set during a period of three years, measured from the date of manufacture. (3) For purposes of this regulation the term physician shall mean a physician, chiropractor or osteopath licensed or otherwise permitted to practice by any State of the United States. Figure 1 to Part 1633—Test Assembly, Shown in Furniture Calorimeter (Configuration A) Figure 2 to Part 1633—Test Arrangement in 3.05m × 3.66m (10 ft × 12 ft) Room (Configuration B) Figure 3 to Part 1633—Details of Horizontal Burner Head Figure 4 to Part 1633—Details of Vertical Burner Head Figure 5 to Part 1633—Details of Burner Stand-off Figure 6 to Part 1633—Burner Assembly Showing Arms and Pivots (Shoulder Screws), in Relation to, Portable Frame Allowing Burner Height Adjustment Figure 7 to Part 1633—Elements of Propane Flow Control for Each Burner Figure 8 to Part 1633—Jig for Setting Mattresses and Foundation Sides in Same Plane Figure 9 to Part 1633—Burner Placements on Mattress/Foundation Figure 10 to Part 1633—Jig for Setting Burners at Proper Distances From Mattress/Foundation Figure 11 to Part 1633—Diagrams for Glossary of Terms Figure 12 to Part 1633—Labels for Domestic Mattress With Foundation Figure 13 to Part 1633—Labels for Imported Mattress With Foundation Figures 14 and 15 to Part 1633—Label for Domestic Mattress Alone and with Foundation and Label for Imported Mattress Alone and With Foundation Figures 16 and 17 to Part 1633—Label for Domestic Mattress Only and Label for Imported Mattress Only