Document jg6dMxgk7JwmwqKvk3Z8o8pjp

The Vinyl Institute Roy T. Gottesman Executive Director September 17, 1986 Robert D. Luss, Esq. Occidental Chemical Corporation P.0. Box 699 Armand Hammer Boulevard Pottstown, Pennsylvania 19464 Dear Bob: Enclosed is a copy of a memorandum from Pat Toner and Roger Bernstein providing the final recommendations for disclaimer and classification language by the Toxicity Subcommittee of the New York State Uniform Fire Prevention and Code Council which were unanimously approved on September 15, 1986. The Code Council itself will vote on this on October 23, 1986. As per our discussion on September 9th at the Legal Committee Meeting, these recommendations should be reviewed by your committee and a recommendation made to the Executive Board concerning a legal challenge. A copy of this letter and attachments is being sent to all members of the Legal Committee and to the Executive Board for their information and review. Please let me know how you wish to go about developing a Legal Committee recommendation, i.e., do you wish to set-up a meeting or a telephone conference call to accomplish this? I look forward to hearing from you. Sincerely, RTG/pmb enclosure cc: VI Executive Board VI Legal Committee received L. L. U,cr\cri LAW DEPT. A Division of THE SOCIETY OF THE PLASTICS INDUSTRY, INC. WAYNE INTERCHANGE PLAZA II 155 Route 46 West, WAYNE, N.J. 07470 (201) 890-9299 BOR 014663 i The Society of the Plasties Industry, Inc. 1025 Connecticut Avenue Washington, D.C. 20036 (202) 822-6700 September 15, 19.86 TO: New York Combustibility Work Group FR: Pat Ton^?^and Roger Bernstein RE: Final Toxicity Subcommittee recommendations for disclaimer and classification language The Toxicity Subcommittee of the Uniform Fire Prevention and Building Code Council unanimously approved today three items: Paragraph on classification testing Language for the disclaimer which would be included with the release of any test data Amendment to delete the "no more toxic than wood" sections of parts 741 and 733, both titled "Plastic Materials", in the present code The next meeting of the full Code Council will be October 23, 1986 in Albany at 11:30 a.m. The Code Council is expected to vote affirmatively on the toxicity amendment to the code, including the following disclaimer and classification language: Classification Testing Language "Amend 1120.3 by adding a new subdivision as follows: (d) A producer or group of producers may propose to the Secretary of State to treat certain similar or related covered products as a class. Any producer or group of producers proposing such a classification must submit documents supporting and justifying the proposal and any additional information requested by the Secretary of State. The Secretary will review such submission and approve those classifications that are deemed to be consistent with the purposes of this part. Where a class has been approved, each producer must submit, on a form prescribed by the Secretary of State, a list of all its products that belong to the class and a copy of the test report for the class. The filing by a producer of the test report as required by this section shall satisfy the requirement for all of its products in the class." BOR 014664 Disclaimer "This test is a measure of acute toxicity of the thermal decomposition by-products of the tested material using a specified procedure under controlled laboratory conditions. The test results alone do not constitute a characterization of the hazard, safety or risk of materials, products or assemblies under actual fire conditions. The results of this test, if used in any assessment of hazard or risk, should be considered in conjunction with all of the factors which are pertinent to an evaluation of the fire hazard of a particular end use." This disclaimer language differs somewhat- from the ' nger version suggested earlier by State Fire Administrator Frank McGarry. In answer to questions asked by Toxicity Subcommittee members about who would determine whether or not a product belongs to a class, McGarry replied that his office has the expertise to make such a determination. HPT/RB/bl cc: Sheila Millar BOR 014665