The Safer Occupancy Furniture Flammability Act (SOFFA),
passed by congress last December under the COVID-19 Regulatory Relief and Work from Home Safety Act, instructed the Consumer Product Safety Commission to establish a national flammability standard.
It specifically forces the adoption of California's TB 117-2013 as the federal standard. California enacted SOFFA in 2013. Its corresponding technical bulletin calls for using a smolder test instead of an open flame test to determine the fire safety of upholstered furniture and other consumer products.
All residential upholstered furniture sold in the United States must comply with the flammability tests for covered components specified in TB 117-2013 beginning June 25, 2021. Items must also feature a permanent label with the statement “Complies with U.S. CPSC requirements for upholstered furniture flammability" by June 25.
The American Home Furnishings Alliance (AHFA), a longtime supporter of SOFFA, recommends companies create their own policies regarding recordkeeping.
"Although the new law does not discuss any recordkeeping requirements, CPSC may specify these during the adoption of the standard," the AHFA writes. "Regardless, companies should consider setting their own policy for recordkeeping. In particular, importers should require overseas manufacturers to provide proof of test results for all covered components and certify that products are properly labeled before shipment."
"The law does not discuss any 'sell-through' period for products that have not been tested or are not labeled as required. CPSC may allow for a sell-through period in the final standard. Companies should work to sell non-compliant inventories and ensure imported products in transit are properly labeled prior to June 25, 2021."
SOFFA was passed by the U.S. House of Representatives at the end of 2019. It was included in the $1.4 trillion omnibus spending bill passed by Congress on Dec. 21 that was combined with the $900 billion COVID-19 relief package signed by President Donald Trump on Dec. 27.
The stated intent of California TB 117-2013 “is to produce upholstered furniture which is safer from the hazards associated with smoldering ignition. This standard provides methods for smolder resistance of cover fabrics, barrier materials and resilient filling materials for use in upholstered furniture.”
In issuing a press release about the passing of the Work from Home Safety Act, Brad Miller, director of advocacy & sustainability for BIFMA, said, “A national flammability standard based on realistic testing reduces the need for potentially hazardous flame retardants and simplifies compliance across the country.”
The video below is of a time-lapsed smolder test conducted by NIST on an upholstered chair.
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