Published: 2015-07-08
Key Benefits:
This chapter may be cited as the Home Furnishings and Thermal Insulation Act.
(Amended by Stats. 1987, Ch. 925, Sec. 3. Effective September 22, 1987.)
Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.
(Added by Stats. 1941, Ch. 46.)
“Person” includes individual, copartnership, association, firm, auctioneer, trust, and corporation, and the agents, servants and employees of any of them.
(Added by Stats. 1941, Ch. 46.)
“Sell,” or any of its variants, includes any of, or any combination of, the following: Sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner.
(Added by Stats. 1941, Ch. 46.)
(a) “Bureau” refers to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, as established in Section 9810.
(b) “Chief” refers to the chief of the bureau.
(c) “Inspector” refers to an inspector either employed by, or under contract to, the bureau.
(d) “Director” refers to the Director of Consumer Affairs.
(e) “Department” refers to the Department of Consumer Affairs.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 61. Effective October 23, 2009.)
Protection of the public shall be the highest priority for the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 62. Effective October 23, 2009.)
“Upholstered furniture” means any furniture, including children’s furniture, movable or stationary, which is made or sold with cushions or pillows, loose or attached, or is itself stuffed or filled in whole or in part with any material, is or can be stuffed or filled in whole or in part with any substance or material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming a part thereof, together with the structural units, the filling material and its container and its covering which can be used as a support for the body of a human being, or his or her limbs and feet when sitting or resting in an upright or reclining position. This does not include furniture used exclusively for the purpose of physical fitness and exercise.
(Amended by Stats. 1996, Ch. 1137, Sec. 28. Effective January 1, 1997.)
“Seating furniture,” including children’s furniture, movable or stationary, means any furniture, which is made or sold with or without filling material, together with the structural units, which may be used as a support for the body, limbs, or feet when sitting or resting in an upright or reclining position.
(Added by Stats. 1993, Ch. 1264, Sec. 76. Effective January 1, 1994.)
“Bedding” means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, quilt, sleeping bag, box spring, studio couch, pillow or cushion made of leather, cloth or any other material, which is or can be stuffed or filled in whole or in part with any concealed substance or material, which can be used by any human being for sleeping or reclining purposes.
(Amended by Stats. 1971, Ch. 881.)
“Filling material” means cotton, wool, kapok, feathers, downs, hair, liquid, or any other material, substance, or any combination thereof, loose or in batting, pads, or any other prefabricated form, concealed or not concealed to be used or that could be used in articles of bedding or upholstered furniture.
(Amended by Stats. 1971, Ch. 881.)
“Secondhand” means any materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and shall include “sweepings” which are wastes recovered from gins, furniture and bedding factories, textile plants, or establishments using fibers or other materials. Manufacturing processes shall not be considered previous use, and new materials that are free from dirt or other contamination shall not be classified as sweepings.
(Amended by Stats. 1997, Ch. 401, Sec. 57. Effective January 1, 1998.)
“Used” means furniture or bedding that has been previously owned or used by another individual.
(Amended by Stats. 2007, Ch. 354, Sec. 66. Effective January 1, 2008.)
“Antique” means furniture having special value because of its age, especially a work of art or handicraft that is over 100 years old.
(Added by Stats. 1996, Ch. 1137, Sec. 30. Effective January 1, 1997.)
Any article of upholstered furniture or bedding is secondhand if it contains any secondhand material in whole or in part.
(Added by Stats. 1949, Ch. 787.)
Any article of upholstered furniture or bedding on sales floors in a private residence or room, which is not separated from living quarters, is secondhand.
(Added by Stats. 1949, Ch. 787.)
“Retailer” means a person who sells any article of upholstered furniture or bedding or filling materials to a consumer or user of the article as purchased.
(Repealed and added by Stats. 1949, Ch. 787.)
“Bedding renovator” means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews bedding.
(Amended by Stats. 1997, Ch. 401, Sec. 58. Effective January 1, 1998.)
“Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews upholstered furniture, or who makes to order and specification of the user any article of upholstered furniture, using either new materials or owner’s materials.
(Amended by Stats. 2002, Ch. 405, Sec. 36. Effective January 1, 2003.)
“Wholesaler” means a person who, on his or her own account, sells any article of upholstered furniture or bedding or filling materials to another for the purpose of resale, but shall not include an affiliate or a subsidiary where the ownership and name are identical, and that is the exclusive sales outlet of a manufacturer.
(Amended by Stats. 2002, Ch. 405, Sec. 37. Effective January 1, 2003.)
“Manufacturer” means a person who, either by himself or herself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstery or covering of any unit thereof, using either new or secondhand material. “Manufacturer” does not, however, include a “custom upholsterer,” as defined in Section 19010.1.
(Amended by Stats. 2002, Ch. 405, Sec. 38. Effective January 1, 2003.)
“Importer” means a person who manufactures or wholesales, through employees or agents, any article of upholstered furniture, bedding, or filling material manufactured outside of the United States for the purpose of sale or resale in California.
(Added by Stats. 1996, Ch. 1137, Sec. 31. Effective January 1, 1997.)
“Supply dealer” means a person who manufactures, processes or sells any felt, batting, pads, woven or plastic fabrics, or loose material in bags or containers, concealed or not concealed, to be used or that could be used in articles of upholstered furniture or bedding.
(Amended by Stats. 1984, Ch. 369, Sec. 1.)
“Sanitizer” means a person who sanitizes articles of bedding or filling materials.
(Amended by Stats. 1988, Ch. 1448, Sec. 6.)
“Branch” means any subordinate establishment situated apart from the parent house, maintaining a separate service to the trade.
(Amended by Stats. 1949, Ch. 787.)
“Slip seat” means the separate padded seat unit consisting of a plywood or similar base with its filling material and attached cover, which is used on chairs, benches, stools or similar articles, attached with screws or in any other manner.
(Repealed and added by Stats. 1949, Ch. 787.)
“Slip cover” means any casing or cover without filling material which is to be placed, on or over any completely manufactured article of upholstered furniture or bedding, and which is not permanently attached by tacking, sewing, or in any other manner.
(Amended by Stats. 1949, Ch. 787.)
A person engaged exclusively in the manufacture of slip covers shall not be required to have a license under the provisions of this chapter.
(Added by Stats. 1949, Ch. 787.)
“Owner’s material” means any article or material belonging to a person for his or her own, or tenant’s use, that is sent to any manufacturer, bedding renovator, or custom upholsterer to be repaired or renovated, or used in repairing or renovating.
(Amended by Stats. 2002, Ch. 405, Sec. 39. Effective January 1, 2003.)
“Approved testing laboratory” means any testing facility which is determined by rule and regulation of the bureau to have adequate personnel, facilities, equipment, and expertise to carry out the testing required by this article. Testing of insulation material by the manufacturer in his or her own approved testing laboratory or in an approved independent testing laboratory under contract to the manufacturer may be utilized in the initial certification process and the continued maintenance of certifications.
(Added by Stats. 1984, Ch. 1456, Sec. 1.)
“Insulation material” means any material or combination of materials applied or installed within or contiguous to a roof, wall, ceiling, or floor of a building or structure, or contiguous to the surface of any appliance or its intake or outtake mechanism, for the purpose of reducing heat transfer and thus energy requirements for heating and cooling or reducing adverse temperature fluctuations of the building, room, appliance, or structure.
(Amended by Stats. 1987, Ch. 925, Sec. 5. Effective September 22, 1987.)
“R-value” means a measure of thermal resistance of material or composite materials. “R-value” is equal to the reciprocal of the conductance of a given material, or
R-value = | 1 |
conductance of the material |
(Added by Stats. 1984, Ch. 1456, Sec. 3.)
“Quality assurance program” means a system of procedures employed at the place of manufacture of insulation material designed to assure that insulation material produced at that place continues to meet the standards established by the bureau pursuant to this chapter. The program shall include, without limitation, regular periodic testing by an approved testing laboratory.
(Added by Stats. 1984, Ch. 1456, Sec. 4.)
(a) An “insulation manufacturer” is any person who produces insulation materials or a combination of materials which, when properly applied or installed without any alteration, dilution, or modification so as to affect the thermal or physical properties, performance, or intended use as supplied by the manufacturer, retards the transfer of heat or cold. “Insulation manufacturer” also includes any person who produces finished products whose function is insulation, including, but not limited to, insulated roof and wall panels, insulation kits, pipe insulation, flexible insulated ducting, spray applied insulation systems, or other similar material.
(b) Anyone who alters, substitutes, or recompounds any insulation product or material shall be considered to be the manufacturer of that particular insulation product.
(c) Any applicator, contractor, or fabricator of insulation materials, who installs, applies, or uses insulation materials for their intended use, without changing the thermal or physical properties of the insulation material, shall not be considered an insulation manufacturer, provided that the manufacturer of the insulation material has been licensed in accordance with this chapter.
(d) As used in subdivision (b), “alteration,” “substitution,” or “recompounding” includes:
(1) The attachment of facings or vapor barriers, including, but not limited to, plastic, metal, felt, paper, or other similar materials.
(2) The compression, expansion, or reshaping of insulation materials.
(3) The addition of, or mixing with, adhesives.
(4) In the case of spray applied or foamed in place insulation, any addition to, substitution of, or deletion from, the chemical system provided by the insulation manufacturers.
(e) This chapter does not apply to the attaching of fiberglass insulation to metal duct work by a licensed contractor using industry-accepted adhesives and metal pins.
(Amended by Stats. 1988, Ch. 160, Sec. 7.)