36-3522. Unsafe cribs; design characteristics; violation; classification

A. A commercial user shall not knowingly remanufacture, retrofit, lease, sublease, sell or otherwise place in the stream of commerce a crib that is in violation of 16 Code of Federal Regulations part 1303, 1508 or 1509 or that has any of the following design characteristics:

1. Corner posts that extend more than one-sixteenth of an inch.

2. Spaces between side slats that are more than two and three-eighths inches.

3. A mattress support that can be easily dislodged from any point of the crib. For the purposes of this paragraph, a mattress support can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib.

4. Cutout designs on the panels.

5. Rail height dimensions that do not conform to the following:

(a) The height of the rail and end panel is at least nine inches, as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position.

(b) The height of the rail and end panel is at least twenty-six inches, as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position.

6. Any screws, bolts or hardware that are loose and not secured.

7. Sharp edges, points or rough surfaces.

8. Wood surfaces that are not smooth and free from splinters, splits or cracks.

9. Nonfull-size cribs with tears in mesh or fabric sides.

B. A commercial user who knowingly places a crib in the stream of commerce in violation of this section is guilty of a class 1 misdemeanor.