CE Pro October 2022 - 48

MOTORIZED SHADE
(MassDEP) recommends
integrators contact their
suppliers, distributors,
wholesalers and manufacturers
to make arrangements
to ensure that
products they purchase
were manufactured after
December 31, 2021 and
they are in compliance
with this law.
The law specifically calls
out window treatments, as
well as bedding, carpeting,
children's products, and
residential upholstered
furniture.
CE Pro reached out to
multiple manufacturers of
shading products for the
custom electronics industry,
none of which wanted
to go on the record
regarding this situation.
Many of these well-known
manufacturers source their
fabrics from the same small
group of suppliers, which
are the entities that would
be applying the nowbanned
flame retardants
in question. The companies
tell CE Pro they are
complying with the new
ban in the state after exhausting
their inventories.
Several admitted the ban
caught them by surprise.
Some companies now have
indicators in their ordering
portals that certain shade
solutions cannot be sold
in the Commonwealth of
Massachusetts.
The consensus among
several suppliers is that
this ban is likely to spread
to other states; therefore,
it is something for integra48
| CE Pro October 2022
For violators, the penalties can add up. For the first violation, a
fine imposed of not more than $100 per product, not to exceed
$5,000. For the second violation, $250 per product, not to
exceed $25K; and the third, $1,000 per product and $50K.
tors to be on the lookout
for. Several integrators in
Massachusetts that were
contacted by CE Pro said
they had only recently
become aware of the ban,
which apparently was initiated
in the state because
the manufacturer of the
chemicals themselves is
based in the Commonwealth.
However, a handful
of dealers reported they
had purchased and installed
motorized shade
solutions after the January
1 ban took effect. Presumably,
they were installing
inventory from suppliers
that still have the questionable
chemicals.
For violators, the penalties
can add up. For the
first violation, a fine is
imposed of not more than
$100 per product, not to
exceed a total of $5,000.
For the second violation, a
fine of not more than $250
per product, not to exceed
a total of $25,000; and for
the third or subsequent violation,
a fine of not more
than $1,000 per product,
not to exceed a total of
$50,000.
Products that are sold in
a set shall be constituted
as a single product.
According to the law, a
manufacturer, retailer or
integrator who knowingly
violates the law shall be
subject to a civil penalty
equal to three times the
amount of the fine imposed
for such violation. A
civil penalty for a violation
shall be waived if the department
determines that
a manufacturer, retailer or
integrator acted in good
faith to be in compliance,
pursued compliance with
due diligence and promptly
corrected any noncompliance
after discovery of the
violation.
The ban leaves several
unanswered questions.
What sort of flame retardant
is now being used on
window treatments sold in
Massachusetts, if any? Are
shades installed in the state
now more flammable? Do
integrators have any liability
should those fabrics ignite
in their clients' homes?
More information can be
found at https://tinyurl.com/
ma-flame-retardants.
cepro.com
CANAAN/STOCK.ADOBE.COM
https://www.mass.gov/doc/310-cmr-7800-proposed-ban-if-covered-products-containing-certain-flame-retardants/download https://www.mass.gov/doc/310-cmr-7800-proposed-ban-if-covered-products-containing-certain-flame-retardants/download http://www.cepro.com
CE Pro October 2022

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