2009 California Business and Professions Code - Section 19000-19022 :: Article 1. General Provisions

19000.  This chapter may be cited as the Home Furnishings and
Thermal Insulation Act.

19001.  Unless the context otherwise requires, the general
provisions hereinafter set forth govern the construction of this
chapter.

19002.  "Person" includes individual, copartnership, association,
firm, auctioneer, trust, and corporation, and the agents, servants
and employees of any of them.

19003.  "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.

19004.  (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.

19004.1.  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.

19006.  "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.

19006.1.  "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.

19007.  "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.

19007.5.  "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.

19008.  "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.

19008.1.  "Used" means furniture or bedding that has been previously
owned or used by another individual.

19008.2.  "Antique" means furniture having special value because of
its age, especially a work of art or handicraft that is over 100
years old.

19008.5.  Any article of upholstered furniture or bedding is
secondhand if it contains any secondhand material in whole or in
part.

19008.6.  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.

19009.  "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.

19010.  "Bedding renovator" means a person who rebuilds, repairs,
makes over, re-covers, restores, renovates or renews bedding.

19010.1.  "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.

19010.5.  "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.

19011.  "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.

19011.1.  "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.

19012.  "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.

19012.5.  "Sanitizer" means a person who sanitizes articles of
bedding or filling materials.

19014.  "Branch" means any subordinate establishment situated apart
from the parent house, maintaining a separate service to the trade.

19015.  "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.

19016.  "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.

19016.5.  A person engaged exclusively in the manufacture of slip
covers shall not be required to have a license under the provisions
of this chapter.

19017.  "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.

19018.  "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.

19019.  "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.

19020.  "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

where the conductance of the material is: Btu (hour X square footX
Fahrenheit degree average temperature difference between two
surfaces).

19021.  "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.

19022.  (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.