[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: 16CFR1633.13] [Page 751-767] 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. 1633.13 Tests for guaranty purposes, compliance with this section, and ``one of a kind'' exemption. (a) Tests for guaranty purposes. Reasonable and representative tests for the purpose of issuing a guaranty under section 8 of the Flammable Fabrics Act, 15 U.S.C. 1197, for mattress sets subject to the Standard shall be the tests performed to show compliance with the Standard. (b) Compliance with this section. No person subject to the Flammable Fabrics Act shall manufacture for sale, import, distribute, or otherwise market or handle any mattress set which is not in compliance with the provisions under Subpart B. (c) ``One of a kind'' exemption for physician prescribed mattresses. (1)(i) A mattress set manufactured in accordance with a physician's written prescription or manufactured in accordance with other comparable written medical therapeutic specification, to be used in connection with the treatment or management of a named individual's physical illness or injury, shall be considered a ``one of a kind mattress'' and shall be exempt from testing under the Standard pursuant to Sec. 1633.7 thereof: Provided, that the mattress set bears a permanent, conspicuous and legible label which states: 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). [[Page 752]] (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 Sec. 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. [[Page 753]] Figure 1 to Part 1633--Test Assembly, Shown in Furniture Calorimeter (Configuration A) [GRAPHIC] [TIFF OMITTED] TR15MR06.000 [[Page 754]] Figure 2 to Part 1633--Test Arrangement in 3.05m x 3.66m (10 ft x 12 ft) Room (Configuration B) [GRAPHIC] [TIFF OMITTED] TR15MR06.001 [[Page 755]] Figure 3 to Part 1633--Details of Horizontal Burner Head [GRAPHIC] [TIFF OMITTED] TR15MR06.002 [[Page 756]] Figure 4 to Part 1633--Details of Vertical Burner Head [GRAPHIC] [TIFF OMITTED] TR15MR06.003 [[Page 757]] Figure 5 to Part 1633--Details of Burner Stand-off [GRAPHIC] [TIFF OMITTED] TR15MR06.004 [[Page 758]] Figure 6 to Part 1633--Burner Assembly Showing Arms and Pivots (Shoulder Screws), in Relation to, Portable Frame Allowing Burner Height Adjustment [GRAPHIC] [TIFF OMITTED] TR15MR06.005 [[Page 759]] Figure 7 to Part 1633--Elements of Propane Flow Control for Each Burner [GRAPHIC] [TIFF OMITTED] TR15MR06.006 [[Page 760]] Figure 8 to Part 1633--Jig for Setting Mattresses and Foundation Sides in Same Plane [GRAPHIC] [TIFF OMITTED] TR15MR06.007 [[Page 761]] Figure 9 to Part 1633--Burner Placements on Mattress/Foundation [GRAPHIC] [TIFF OMITTED] TR15MR06.008 [[Page 762]] Figure 10 to Part 1633--Jig for Setting Burners at Proper Distances From Mattress/Foundation [GRAPHIC] [TIFF OMITTED] TR15MR06.009 [[Page 763]] Figure 11 to Part 1633--Diagrams for Glossary of Terms [GRAPHIC] [TIFF OMITTED] TR15MR06.010 [[Page 764]] Figure 12 to Part 1633--Labels for Domestic Mattress with Foundation [GRAPHIC] [TIFF OMITTED] TR15MR06.011 [[Page 765]] Figure 13 to Part 1633--Labels for Imported Mattress with Foundation [GRAPHIC] [TIFF OMITTED] TR15MR06.012 [[Page 766]] Figures 14 and 15 to Part 1633--Label for Domestic Mattress Alone and with Foundation, and Label for Imported Mattress Alone and with Foundation [GRAPHIC] [TIFF OMITTED] TR15MR06.013 [[Page 767]] Figures 16 and 17 to Part 1633--Label for Domestic Mattress Only and Label for Imported Mattress Only [GRAPHIC] [TIFF OMITTED] TR15MR06.014 [[Page 768]]