[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1633.11]

[Page 748-750]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1633_STANDARD FOR THE FLAMMABILITY (OPEN FLAME) OF MATTRESS 
SETS--Table of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1633.11  Records.

    (a) Test and manufacturing records C general. Every manufacturer and 
any other person initially introducing into commerce mattress sets 
subject to the standard, irrespective of whether guarantees are issued 
relative thereto, shall maintain the following records in English at a 
location in the United States:
    (1) Test results and details of each test performed by or for that 
manufacturer (including failures), whether for

[[Page 749]]

qualification, confirmation, or production, in accordance with Sec.  
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 Sec.  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. In addition to the records specified in 
paragraph (a) of this section, the following records shall be maintained 
for each qualified, confirmed and subordinate prototype:
    (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 Sec.  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. In addition to the test and 
prototype records specified in paragraphs (a) and (b) of this section, 
the following records shall be maintained:
    (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. In addition to the records required 
by paragraph (a) of this section, the following quality assurance 
records shall be maintained:
    (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

[[Page 750]]

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. The records required under this 
Section shall be maintained by the manufacturer (including importers) 
for as long as mattress sets based on the prototype in question are in 
production and shall be retained for 3 years thereafter. Records shall 
be available upon the request of Commission staff.
    (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 Sec.  1633.12(a).