[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: 16CFR1633.2]
[Page 735-737]
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 A_The Standard
Sec. 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 means a resilient material or combination of materials
enclosed by a ticking (used alone or in combination with other products)
intended or promoted for sleeping upon. This includes mattresses that
have undergone renovation as defined in paragraph (d) of this section.
(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 Sec. 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 Sec. 1633.9 Glossary of terms, for
definitions of these items.
(b) Foundation means a ticking covered structure used to support a
mattress or sleep surface. The structure may include constructed frames,
foam, box springs, or other materials, used alone or in combination.
(c) Mattress set means either a mattress and foundation labeled by
the
[[Page 736]]
manufacturer for sale as a set, or a mattress labeled by the
manufacturer for sale without any foundation.
(d) Renovation means altering an existing mattress set for the
purpose of resale.
(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 means the outermost layer of fabric or related material
of a mattress or foundation. It does not include any other layers of
fabric or related materials quilted together with, or otherwise attached
to, the outermost layer of fabric or related material.
(f) Upholstery material means all material, either loose or
attached, between the mattress ticking and the core of a mattress.
(g) Edge means the seamed, un-seamed or taped border edge of a
mattress or foundation that joins the top and/or bottom with the side
panels.
(h) Tape edge means an edge made by using binding tape to encase and
finish raw edges.
(i) Binding tape means a fabric strip used in the construction of
some edges.
(j) Seam thread means the thread used to form stitches in
construction features, seams, and tape edges.
(k) Manufacturer means an individual plant or factory at which
mattress sets are manufactured or assembled. For purposes of this part
1633, importers and renovators are considered manufacturers.
(l) Prototype means a specific design of mattress set that serves as
a model for production units intended to be introduced into commerce and
is the same as the production units with respect to materials,
components, design and methods of assembly. A mattress intended for sale
with a foundation(s) shall be considered a separate and distinct
prototype from a mattress intended for sale without a foundation.
(m) Prototype developer means a third party that develops a
prototype for use by a manufacturer. Such prototypes may be qualified by
either the prototype developer or by the manufacturer.
(n) Qualified prototype means a prototype that has been tested in
accordance with Sec. 1633.4(a) and meets the criteria stated in Sec.
1633.3(b).
(o) Confirmed prototype means a prototype that is part of a pooling
arrangement and is the same as a qualified prototype with respect to
materials, components, design and methods of assembly and has been
tested in accordance with Sec. 1633.5(a)(3) and meets the criteria
stated in Sec. 1633.3(b).
(p) Subordinate prototype means a mattress set that is based on a
qualified or confirmed prototype and is the same as the qualified or
confirmed prototype, except as permitted by Sec. 1633.4(b). A
subordinate prototype is considered to be represented by a qualified or
confirmed prototype and need not be tested in accordance with Sec.
1633.4(a) or Sec. 1633.5(a)(3).
(q) Prototype pooling means a cooperative arrangement--whereby one
or more manufacturers build mattress sets based on a qualified prototype
produced by another manufacturer or prototype developer. A manufacturer
who relies on another manufacturer's or prototype developer's qualified
prototype must perform a confirmation test on the mattress set it
manufactures.
(r) Confirmation test means a pre-market test conducted by a
manufacturer who is relying on a qualified prototype produced by another
manufacturer or prototype developer. A confirmation test must be
conducted in accordance with the procedures set forth in Sec. 1633.7
and meet the criteria in Sec. 1633.3(b).
(s) Production lot means any quantity of finished mattress sets that
are produced in production intervals defined by the manufacturer, and
are intended to replicate a specific qualified, confirmed or subordinate
prototype that complies with this part 1633.
(t) Specimen means a mattress set tested under this regulation.
(u) Twin size means any mattress with the dimensions 38 inches (in)
(965
[[Page 737]]
millimeters) x 74.5 in. (1892 mm); all dimensions may vary by \1/2\ in. (13 mm).
(v) Core means the main support system that may be present in a
mattress, such as springs, foam, water bladder, air bladder, or
resilient filling.