New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter C - Related Regulations Of The Industrial Commissioner
Part 80 - Flammable Wearing Apparel, Fabrics, Related Materials And Interior Furnishings
Subpart 80-3 - Definitions
Section 80-3.1 - Definitions

Current through Register Vol. 46, No. 12, March 20, 2024

In addition to the definitions given in section 500 of article 29 of the General Business Law and in the appendixes to this Part, the following definitions apply for the purposes of this Part:

(a) Large carpets and rugs means any type of finished product made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used as a floor covering which is exposed to traffic in homes, offices, or places of assembly or accommodation, and which may or may not be fastened to the floor by mechanical means such as nails, tacks, barbs, staples, adhesives, and which has one dimension greater than 1.83 meters (six feet) and a surface area greater than 2.232 meters (24 square feet). Products such as carpet squares, with one dimension less than 1.83 meters (six feet) and a surface area less than 2.232 meters (24 square feet), but intended to be assembled upon installation into assemblies which may have one dimension greater than 1.83 meters (six feet) and a surface area greater than 2.232 meters (24 square feet), are included in this definition. Mats, hides with natural or synthetic fibers, and other similar products in the above defined dimensions are included in this definition, but resilient floor coverings such as linoleum, asphalt tile and vinyl tile are not.

(b) Small carpets and rugs means any type of finished product made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used as a floor covering which is exposed to traffic in homes, offices, or places of assembly or accommodation, and which may or may not be fastened to the floor by mechanical means such as nails, tacks, barbs, staples, adhesives, and which has no dimension greater than 1.83 meters (six feet) and an area not greater than 2.232 meters (24 square feet). Products such as carpet squares intended to be assembled, upon installation, into assemblies which may have dimensions greater than these, are excluded from this definition, but are included in the definition of large carpets and rugs. Mats, hides with natural or synthetic fibers, and other similar products are included in this definition if they are within the defined dimensions, but resilient floor coverings such as linoleum, asphalt tile, and vinyl tile are not.

(c) Children's sleepwear means any product of wearing apparel up to and including size 6X, such as nightgowns, pajamas, or similar or related items such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Diapers and underwear are not included in this definition. The term size 6X is defined in Appendix F-6 of this Part (Commercial standard, CS 151-50, "Body Measurements for the Sizing of Apparel for Infants, Babies, Toddlers, and Children," U. S. Department of Commerce Voluntary Product Standard).

(d) Mattress means a ticking filled with a resilient material used alone or in combination with other products and intended or promoted for sleeping upon. This definition includes, but is not limited to, mattress pads, mattresses used for adults, youths, cribs, including portable cribs, bunk beds, day beds, convertible sofa beds, corner groups, roll-a-way beds, high risers and trundle beds. This definition excludes sleeping bags, pillows, mattress foundations such as box springs, liquid and gaseous filled tickings such as water beds and air mattresses, upholstered furniture such as chaise lounges, drop-arm love seats, press-back lounges, push-back sofas, sleep lounges, sofa beds (including jackknife sofa beds), sofa lounges (including glide-outs), studio couches, and studio divans (including twin studio divans and studio beds), 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.

(e) Film means any nonrigid, unsupported plastic, rubber or other synthetic or natural film or sheeting, or any combination thereof, including translucent, and opaque material, whether plain, embossed, molded, or otherwise surface treated, which is in a form or condition ready for use in wearing apparel, and shall include film or sheeting exceeding 10 millileters in thickness.

(f) Finish means a particular finish, but does not include such variables as changes in color, pattern, print, or design, or minor variations in the amount or type of ingredients in the finish formulation. Examples of finish types would be starch finishes, resin finishes or parchmentized finishes.

(g) Textile fabric means any coated or uncoated material (except film and fabrics having a nitro-cellulose fibre, finish or coating) which is woven, knitted, felted or otherwise produced from any natural or man-made fiber, or substitute therefor, or combination thereof, of two inches or more in width, and which is in a form or condition ready for use in wearing apparel.

(h) Uncovered or exposed parts of an article of wearing apparel means that part of an article of wearing apparel which might during normal wear or use be open to flame or other means of ignition. The outer surface of an undergarment is considered to be an uncovered or exposed part.

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