Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 205 - PRODUCT SAFETY
Subchapter B - FLAMMABILITY RULES
Section 205.23 - Classes of Substances
Universal Citation: 25 TX Admin Code ยง 205.23
Current through Reg. 49, No. 38; September 20, 2024
The application of these sections must, by direction of Texas Civil Statutes Article 4476-13, be directed toward groups, types, or classes of flammable substances, rather than individual products. This section clearly establishes these classifications and the degree of flammability which must be considered for purposes of labeling.
(1) Solids. The flammability characteristics of solids shall be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable solids. A solid shall
be deemed "flammable' if, when tested by the method prescribed in paragraph
191.14(A)(2) of the Federal Hazardous Substances Act, 15 United States Code
§1251 et. seq., it ignites and burns with a self-sustained flame at a rate
greater than 1/10 of an inch per second along its major axis.
(B) Extremely flammable solids. A solid
substance shall be deemed "extremely flammable" if it ignites and burns at an
ambient temperature of 80 degrees Fahrenheit or less when subjected to
friction, or to percussion, or to an electrical spark.
(2) Liquids. The flammability characteristics of liquid shall be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable liquids. A liquid
substance shall be deemed "flammable" when such substance has a flash point of
above 20 degrees Fahrenheit to and including 80 degrees Fahrenheit as
determined by the Tagliabue open cup test.
(B) Extremely flammable liquids. A liquid
substance shall be deemed "extremely flammable" when such substance has a flash
point at or below 20 degrees Fahrenheit as determined by the Tagliabue open cup
test.
(3) Contents of self-pressurized containers. The flammability characteristics of the contents of self-pressurized containers shall be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable
contents. Contents of self-pressurized containers shall be deemed "flammable'
if, when tested by the method prescribed in the addendum, a flame projection
exceeding 18 inches is obtained at full valve opening or a flashback (a flame
extending back to the dispenser) is obtained at any degree of valve
opening.
(B) Extremely flammable
contents. Contents of self-pressurized containers shall be deemed "extremely
flammable' if, when tested by the method prescribed in paragraph 191.14(A)(2)
of the Federal Hazardous Substances Act, 15 United States Code, §1251 et.
seq., flashback (a flame extending back to the dispenser) is obtained at any
degree of valve opening and the flashpoint, when tested by the method
prescribed, is less than 20%A1F.
(4) Toys or other articles.
(A) A toy or other article, other than
clothing, intended for use by children, which is a hazardous flammable
substance, or which bears or contains a hazardous flammable substance in a
manner which is susceptible to access by a child to whom the toy or other
article is entrusted, or which is intended or packaged in a form suitable for
use in the household or by children, shall be subject to all provisions of the
Act or rules and regulations pertaining thereto, or both.
(B) The degree of flammability and the extent
of the hazard of toys and other household Articles shall be determined by
application of the text procedures and criterion established for any or all of
the component parts as they may be defined under other sections of these
regulations.
(5) Children's clothing.
(A) Pursuant to the
directives of the Act, as it pertains to clothing, and the requirements of
existing federal standards on children's sleepwear, regulations are to be
promulgated herein which conform to the requirements of both state and federal
mandates.
(B) Due to the fact that
standards or regulations for clothing and materials are more extensive, more
subject to change (as technology changes), and more restrictive in their
overall interpretation, we believe that the best interest of all parties can be
served by establishing flammability regulations for clothing under a separate
section or rule in order that this problem might be considered as a total unit.
In order to accomplish this, we have devoted subparagraph (C) of this paragraph
to the subject of clothing and materials for clothing.
(C) Children's clothing-general comments and
provisions.
(i) In compliance with the
requirements of the Act, it is incumbent upon the department to consider and
promulgate regulations that address themselves to all clothing (other than
diapers) intended for use by children 14 years or younger.
(ii) Due to the wide diversity in the
relationship of size to age and in the absence of satisfactory factual evidence
upon which to base such a relationship, the department is herewith invoking its
authority, under the Act, §3(a), and determining that, under customary and
reasonable practices, clothing sizes from 0-14X, inclusive, provide an adequate
range of sizes intended for use of children 14 years or younger.
(iii) It should be noted that the Act
provides for regulation of outer clothing as well as sleepwear. Because of the
basic differences in materials used, fabric weights, weave, fit, findings,
trim, uses, and general flammable characteristics and because of the varied
reactions of these different features to the standard test procedures
prescribed by the U.S. Department of Commerce for testing of fabric
flammability, the department feels that such items of clothing should be
considered as three separate types: children's sleepwear sizes 0-6X, children's
sleepwear sizes 7-14, and children's clothing (other than sleepwear, diapers
and underwear) sizes 0-14.
(iv)
Note: All parties at interest should hereby be advised that test procedures are
presently being evaluated in order to determine performance capabilities for
outer garment fabrics and for sleepwear sizes 7-14 and that standards and
regulations along with test procedures will be promulgated and announced on or
before July 29, 1973. Such standards shall, of course, be in conformity with
any federal efforts, in this category, which might be announced prior to the
July 29, 1973, date, and appropriate compliance dates shall be established in
accord with legal requirements and recognition of the necessary 12-month notice
period.
(D) Priority
classifications of children's clothing. For purposes of these sections,
children's clothing shall be considered in three separate types with each type
comprised of a particular group of Articles identified either by size, range,
type of clothing, or both. These types shall be identified as follows:
(i) Type I. Children's sleepwear, sizes
0-6X.
(ii) Type II. Children's
sleepwear, sizes 7-14.
(iii) Type
III. Children's clothing (exclusive of sleepwear, diapers, and underwear),
sizes 0-14.
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