Donating 1970s furniture

[Guest PeterWils]

What is the legal position regarding furniture / upholstered chairs that were produced in the 1970's when fire safety labels were not required?

The reason I ask is that we have some perfect condition furniture to donate and charity shops are refusing to accept due to them not having a fire label.

It would be a great shame if this meant that all older furniture had to be scrapped.

Thank you in advance for any advice you might give.

Kind regards,

Peter

[Tom Sutton]

A charity will need to ensure that either the item has complied with the appropriate test(s) as outlined in the Regulations or is fitted with a permanent label which outlines the compliance of the particular item. Items which have not complied with the appropriate test(s) or do not carry a permanent label which outlines the compliance of the item cannot be sold. However furniture manufactured prior to 1950 is outside the scope of these Regulations but I am afraid upholstered furniture manufactured in the 1970's is subject to the regulations.

[green-foam]

Just curious Tom.

How can an item of furniture made in the 70's have a label for a regulation that came into being in 1988?

______________________________

Peter

The charity shops are just "covering all bases" by refusing to take the furniture.

It could be a piece of furniture had a label which has since been damaged, but as it can not be read, it will be deemed to have no valid label.

Yes it is a shame that they will not take the furniture, but as a private individual you can dispose of it privately. So you could advertise it in your local paper as a "free to collector" item.

[Tom Sutton]

From the 1988 Regulations

4. The requirements of these Regulations do not apply -

a. in relation to the supply of any goods manufactured before 1 January 1950

b. in relation to the supply of materials when the person supplying them knows or has reasonable cause to believe that they will be used for re-covering or re-upholstering furniture manufactured before 1st January 1950; or

c. in any case where the person supplying goods to which those requirements relate knows or has reasonable cause to believe that the goods will not be used in the United Kingdom.

So any goods made after 1 January 1950 is subject to the Regulations, which mean you cannot sell any items but if you choose you could re-upholstery them and then sell them. You can also give them away but it is not advised because you would be putting people’s lives at risk.

I do accept that it is a little strange, applying legislation retrospectively but it appears this is what they have done.

Check out http://www.legislation.gov.uk/uksi/1988/1324/contents/made

[Tom Sutton]

This was the situation before the the Regulations in the UK.

[Guest MichaelBlackm]

I have two sofas which were made for my mother in about 1975. They have wooden frames and are upholstered with springs, horsehair and wadding with a cotton fabric covering. They also have two sets of loose covers in cotton or linen. The cushions are filed with feathers. I want to sell these on eBay. They have no fire safety labels attached. Am I able to do this as long as I state that they do not have fire safety labels?

[Guest WilmaBrow]

Can I recycle to charity a bed and headboard labelled with 1988 safety labels?

[Guest Judy]

Hi there - I have recently been buying cushion inserts, with a view to resale through the internet when made into cushions.

Some of the inserts say that they comply with BS 5852, and others say that they comply with the fire safety regulations 1988 - are both of these acceptable? Is there a difference between them ? Many thanks Judy

[Tom Sutton]

I have two sofas which were made for my mother in about 1975. They have wooden frames and are upholstered with springs, horsehair and wadding with a cotton fabric covering. They also have two sets of loose covers in cotton or linen. The cushions are filed with feathers. I want to sell these on eBay. They have no fire safety labels attached. Am I able to do this as long as I state that they do not have fire safety labels?

This sounds like a hypothetical question but I will answer it as best as I can.

I believe the date 1/1/1950 was chosen because the furniture manufactured before that date was most likely as described above, after that date synthetic material began to be introduced which caused many additional problems. Furniture manufactured before that date would not pass the match or cigarette test and did go on fire but the aftermath was not as severe however synthetic materials ignited easily and the aftermath was severe.

Because the legislation decided on 1/1/1950 any furniture manufactured after that date is subject to the regulations which includes your mother furniture and requires a permanent label to be sold. In my opinion if you try to sell this furniture, even with the warning, you will probably be in breech of the law.

The enforcing authority for the regulations is the trading standards check it out with them. http://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/

[Tom Sutton]

Can I recycle to charity a bed and headboard labelled with 1988 safety labels?

Bed bases is controlled by both the Regulations and the GPSR. Only the filling material (foam or non-foam) contained in a mattress, upholstered divan or bed base must meet the Regulations. However, the fire safety of the complete product is controlled via the GPSR. The normal route to achieve legal obligations is to have products evaluated against the British Standard best suited to product safety. In this context, a finished mattress and mattress topper, divan or bed base should comply with the low hazard category of BS 7177. Upholstered headboards must meet the full requirements of the Regulations.

So if it carries a low hazard category of BS 7177 label is is fine.

[green-foam]

I have two sofas which were made for my mother in about 1975. I want to sell these on eBay.

I have just looked on said auction site, most sofas that came up are less than 1 year old, I did search again for very old sofas, one was going for 99p another for £10, and no bids on either, my point being (sorry to say this) I don't think they will sell even if you had a label.

[Tom Sutton]

Hi there - I have recently been buying cushion inserts, with a view to resale through the internet when made into cushions.

Some of the inserts say that they comply with BS 5852, and others say that they comply with the fire safety regulations 1988 - are both of these acceptable? Is there a difference between them ? Many thanks Judy

BS 5852 is one of the tests used in The Furniture and Furnishings (Fire) (Safety) Regulations so basically they are saying the same thing. Check out http://www.fira.co.uk/document/fira-flammability-guide-october-2011pdf.pdf

[Guest]

Guest Michael Blackburn

The regulations affect:

• Persons who supply furniture, furnishings or re upholstery services including:
  • Manufacturers
  • Retailers
  • Importers
• Persons who supply filling materials and fabrics to the furniture industry or direct to consumers
• Persons who supply re-upholstery and re-covering services
• Persons who supply second-hand furniture in the course of business or trade (e.g. auctioneers,
  charities).

In addition a service provider of rented accomodoation.

 

Selling your own private property is not "in the course of business" and you would neither be in breech nor breach.

[Guest I have 2 sofas which are f]

I have 2 vintage (1950's) armchairs which are family heirlooms.  They do not have fire safety labels. I would hate to see them go to landfill.  I am willing to give them away to a good home. This is unlikely to be a charity shop as it would be illegal to sell them on.  Can I give them away on a recycling website such as Freecycle ?

[green-foam]

If they have no fire label as you know you can not sell them, but there is nothing to stop you giving them away.

For future reference: Furniture made before the1950's does not require any label. (But that would mean it is 70+ years old)

[Guest Graham Archer]

We have some cane chairs with upholstered cushions. We are happy to buy new fire certificated cushions but is there any fire regulations which relate to the frames. I don’t know their age but they could be thirty years old. The frames appear perfectly serviceable. 

[green-foam]

If it is for yourself, it would be up to you to decide do you want to buy new cushions for it, if you are selling it, you could sell it without cushions.

The cane furniture itself does not need a fire label, only upholstered furniture made after 1950 requires a label

[Tom Sutton]

If the upholstered cane furniture is used indoors then it is subject to the FFFR.

[Guest Rose]

I have a leather chesterfield sofa and chair they have a green label sewn under the cushions that says fire resistant they were bought about 38 years ago. Will these be ok to donate to charity as the labels are different to what you see now

[green-foam]

The labels would have complied at the time, but it is up to the charity shop if they will take them or not, so I suggest you ask them and find out.

[AnthonyB]

On 01/09/2022 at 13:09, Guest Rose said:

I have a leather chesterfield sofa and chair they have a green label sewn under the cushions that says fire resistant they were bought about 38 years ago. Will these be ok to donate to charity as the labels are different to what you see now

The furniture regulations date back to 1988, so it predates these - it may still be OK, but some may be put off by being pre-88

[Guest Mogie]

hi all I have an original 1970’s sofa with no fire safety label. Can I upholster in a flame retardant material and then sell it. 

[green-foam]

All sofas sold commercially must have a fixed fire label, which you can not do.

If you are a private individual, selling it/putting it on an auction site this is a private sale, so it is up to the buyer if they want it or not.

A charity shop will not take it at all as it has no fire label

[Guest Sofa]

Leather sofa,can anyone help me please l have a leather sofa that is in good condition l have had it for years been looking for fire label the only thing l can find is a small label with FR in red under every cushion the cushions are attached does this mean it is fire proof thanks