Or. Admin. Code § 333-016-0075 - Banned Hazardous Substances

Under the authority of ORS 453.055(4), the Administrator declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of commerce:

(1) Mixtures that are intended primarily for application to interior masonry walls, floors, etc., as a water repellent treatment and that are "extremely flammable" within the meaning of ORS 453.005(5).

(2) Carbon tetrachloride and mixtures containing it (including carbon tetrachloride and mixtures containing it used in fire extinguishers), excluding unavoidable manufacturing residues carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than ten parts per million.

(3) Liquid drain cleaners containing ten percent or more by weight of sodium and/or potassium hydroxide; except that this subparagraph shall not apply to such liquid drain cleaners if packed in accordance with a standard for special packaging of such articles promulgated under the Federal Poison Prevention Packaging Act of 1970 ( Public Law 91-601).

(4) Any full-size baby crib that is not designed and constructed in accordance with paragraphs (4)(a)(A) through (E) of this rule:

(a) The rules in this section set forth the conditions, requirements, and specifications whereby full-size baby cribs are not banned articles intended for use by children under OAR 333-016-0080:

(A) Dimensions. Full-size cribs shall have dimensions as follows:

(i) Interior. The interior dimensions shall be 28-3/8 inches wide as measured between the innermost surfaces of the crib sides and 52-3/8 inches long as measured between the innermost surfaces of the crib end panels, slats, rods, or spindles. Both measurements are to be made at the level of the mattress support spring in each of its adjustable positions and no more than two inches from the crib corner posts;

(ii) Rail height. The rail height dimensions shall be as follows:

(I) The height of the rail or end panel as measured from the top of the dropside rail or panel in its lowest position to the top of the mattress support in its highest position shall be at least nine inches;

(II) The height of the dropside rail or end panel as measured from the top of the dropside rail or end panel in its highest position to the top of the mattress support in its lowest position shall be at least 26 inches.

(B) Spacing of full-size crib components:

(i) The distance between components (such as slats, spindles, crib rods, and corner posts), except those which are more than 20 inches above the mattress support in its lowest position shall not be greater than 2-3/8 inches at any point. Measurement of distance between contoured or irregular slats or spindles shall be done by a 2-3/8 inch wide x 4 inch high x 4 inch long rectangular block which shall not pass through the space;

(ii) The distance between such components shall not exceed 2-1/2 inches when a 20 pound direct force is applied in accordance with the test method in paragraph (C) below. For contoured or irregular slats or spindles the spacing shall not permit passage of a 2-1/2 inch wide x 2-3/4 inch high x 2-3/4 inch long rectangular block above and below the loading wedge when a 20 pound direct force is applied in accordance with said test method.

(C) Component spacing test method:

(i) Construct a right triangular prism (2-1/2 inches high x 5 inches wide x 1-1/2 inches deep) from a rigid material (steel, wood, aluminum, or equivalent). Drill a one-fourth inch diameter hole from the center of the apex to the center of the base and secure a 4 inch eyebolt in the hole;

(ii) Place the wedge midway between two vertical components. Attach a dial push-pull gauge (Chatillon Model DPP-50 or equivalent spring scale) to the eyebolt and exert a 20 pound direct pull on the wedge. The test may be performed by suspending a 20 pound weight from the eyebolt with the crib component placed in a horizontal position.

(D) Hardware:

(i) The full-size crib shall be designed and constructed in a manner that eliminates from any hardware accessible to a child the possibility of the hardware's presenting a mechanical hazard through pinching, bruising, lacerating, crushing, breaking, amputating, or otherwise injuring portions of the human body when the crib is in normal use or when subjected to reasonably foreseeable damage or abuse;

(ii) Locking or latching devices used to secure dropside rails shall not be accessible to a child from inside the crib. Such devices shall require a minimum force of ten pounds to activate the release mechanism or shall consist of a double-action device requiring two distinct actions to release;

(iii) Wood screws shall not be used in the assembly of stationary sides, dropside rails, or stabilizing bars to crib ends or other components that must be removed in the normal assembly or disassembly of a crib.

(E) Construction and finishing:

(i) All wood surfaces shall be smooth and free from splinters;

(ii) All wood parts shall be free from splits or cracks;

(iii) Crib ends and sides shall have no horizontal bar or other surface accessible to the child inside the crib capable of being used as a toehold located less than 20 inches above the mattress support in its lowest position when the side rail is in its highest position, except the lower horizontal bar of the crib rail may have a vertical dimension that extends no higher than three inches above the mattress support in its lowest position. (A toehold is defined as any ledge projection accessible to the child inside the crib with a dimension greater than three-eighths of an inch.) Spacing between components above the 20 inch level in the crib end panels and crib sides shall not allow the passage of a 4 inch square block;

(iv) Attachments accessible to the child while in the crib, including but not limited to, "built-in" toys, decorations, teething rails, or design components, must be tested in accordance with the test methods of OAR 333-016-0057 and 333-016-0058 of this chapter specifying test methods for simulating use and abuse for toys, games, and other articles intended for use by children. The test methods shall include those for pull, torque, impact, and bite, which would result in a potential for causing laceration, puncture wound, aspiration, ingestion, or other injury. For determining if any small parts present choking, aspiration, and/or ingestion hazards, see OAR 333-016-0057;

(v) The crib's design shall not incorporate any features accessible to the child inside the crib, such as cutout shapes, scroll designs, wedge configurations, etc., which could trap fingers, hands, or clothing, or that present a potential for laceration or puncture or other injury.

(F) Assembly instructions:

(i) Full-size cribs, when shipped other than completely assembled, shall be accompanied by detailed instructions that include an assembly drawing, a list, and description of all parts and tools required for assembly, and a full-size diagram of the required bolts and other fasteners;

(ii) The instructions:

(I) Shall be so written that an unskilled layman can correctly assemble the crib without making errors that would result in improper and unsafe assembly;

(II) Shall include cautionary statements concerning the secure tightening of bolts and other fasteners;

(III) Shall contain a cautionary statement that when child's height reaches 35 inches, the child should be placed in a youth or regular bed.

(iii) The warning relative to mattress size for full-size cribs in subparagraph (4)(a)(G)(ii) of this rule may be included in the instructions as an optional measure.

(G) Identifying marks and warning statement. All cribs and retail cartons thereof shall be suitably marked or labeled in accordance with this section:

(i) The crib shall be clearly marked to indicate:

(I) The name and place of business (city and state) of the manufacturer, importer, distributor, and/or seller; and

(II) A model number, stock number, catalogue number, item number, or other symbol expressed numerically, in code, or otherwise, such that only cribs of identical construction, composition, and dimensions shall bear identical markings.

(ii) In the case of full-size cribs, the following warning shall appear on the inside of the head end in a type size of at least one-fourth inch: "Any mattress used in this crib must be at least 27-1/4 inches x 51-5/8 inches with a thickness not exceeding 6 inches." The marking shall appear in block letters, shall contrast sharply with the background (by color, projection, and/or indentation), and shall be clearly visible and legible;

(iii) Markings on the crib shall be of a permanent nature whether paint-stenciled, die-stamped, molded, or indelibly stamped directly thereon or permanently affixed, fastened, or attached thereto by means of a tag, token, or other suitable medium. The markings shall not be readily removable or subject to obliteration during normal use of the article or when the article is subjected to reasonably foreseeable damage or abuse;

(iv) The retail carton of a crib, under customary conditions of display, shall clearly indicate: The name and place of business (mailing address, including ZIP code) of the manufacturer, importer, distributor, and/or seller; and the model number, stock number, catalogue number, item number, or other symbol described in paragraph (4)(a)(G)(i)(II) of this rule. The information required by this paragraph need not be placed on the retail carton if it appears on the crib in such a manner as to be visible under customary conditions of retail display.

(H) Recordkeeping. The manufacturer or importer shall keep and maintain for three years after production or importation of each lot of full-size cribs records of sale, distribution, and results of all inspections and tests conducted in accordance with this section. These records shall be made available upon request at reasonable times to any officer or employee acting on behalf of the Public Health Division. The manufacturer or importer shall permit such officer or employee to inspect and copy such records, to make such inventories of stock as he deems necessary, and to otherwise verify the accuracy of such records;

(I) Compliance with the foregoing paragraphs (4)(a)(A) through (H) of this rule is required by December 31, 1974.

Notes

Or. Admin. Code § 333-016-0075

HD 40, f. 8-2-73, ef. 8-15-73

Stat. Auth.: ORS 453.095

Stats. Implemented: ORS 453.005 & 453.055