Section § 19000

Explanation

This part of the law is officially called the Home Furnishings and Thermal Insulation Act.

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

Section § 19001

Explanation
This section explains that the upcoming general rules are used to interpret this chapter unless there's a reason not to.
Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.

Section § 19002

Explanation

This section explains that when the law mentions "person," it actually refers to a wide range of entities, not just individuals. It includes things like companies, partnerships, and corporations, as well as their employees and agents.

“Person” includes any individual, partnership, association, firm, auctioneer, trust, limited liability company, and corporation, and the agents, servants, and employees of any of them.

Section § 19003

Explanation

This section defines what it means to "sell" something under the law. It doesn't just include directly selling an item, but also covers activities like offering it for sale, bartering, trading, renting, or even possessing something with the intention of selling it.

“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.

Section § 19004

Explanation

This section defines important terms used in relation to the Bureau of Household Goods and Services in California. It clarifies that the 'Bureau' means the Bureau of Household Goods and Services, the 'Chief' is the head of this bureau, and an 'Inspector' is someone who works for or with the bureau. Furthermore, the 'Director' is the head of the Department of Consumer Affairs, and the 'Department' itself is the Department of Consumer Affairs.

(a)CA Business & Professions Code § 19004(a) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.
(b)CA Business & Professions Code § 19004(b) “Chief” refers to the chief of the bureau.
(c)CA Business & Professions Code § 19004(c) “Inspector” refers to an inspector or investigator either employed by, or under contract to, the bureau.
(d)CA Business & Professions Code § 19004(d) “Director” refers to the Director of Consumer Affairs.
(e)CA Business & Professions Code § 19004(e) “Department” refers to the Department of Consumer Affairs.

Section § 19004.1

Explanation

This law makes it clear that the primary responsibility of the Bureau of Household Goods and Services is to protect the public when it carries out its duties related to licensing, regulation, and discipline. Public safety must always take precedence over any other concerns.

Protection of the public shall be the highest priority for the Bureau of Household Goods and Services 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.

Section § 19006

Explanation

This law defines 'upholstered furniture' as any kind of furniture that has or can have padding, such as cushions or pillows, that is hidden by fabric or another covering. It includes the entire piece, along with any of its parts like cushions and its structural components. Importantly, this definition excludes furniture meant specifically for exercise or fitness purposes.

“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.

Section § 19006.1

Explanation

This section defines "seating furniture" as any furniture, meant for both adults and children, that can be either movable or stationary. It includes items designed to support the body when sitting or reclining, regardless of whether they have filling material.

“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.

Section § 19007

Explanation

This section defines what 'bedding' is. It includes items like mattresses, pillows, quilts, and sleeping bags that can be filled with materials, used by people for sleeping or relaxing.

“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.

Section § 19007.5

Explanation

This law defines what 'filling material' is in the context of bedding and upholstered furniture. It includes materials like cotton, wool, feathers, and more, whether they are loose or formed into pads and whether they can be seen or not.

“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.

Section § 19008

Explanation

This law section defines what 'secondhand' means in relation to materials used in making bedding or upholstered furniture. It refers to items that have been previously used for any purpose and includes waste materials known as 'sweepings' from certain manufacturing facilities. However, the law clarifies that materials resulting from manufacturing processes are not considered 'used,' and new materials that are clean aren't classified as sweepings.

“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.

Section § 19008.1

Explanation
This law defines 'used' furniture or bedding as items that have been owned or utilized by someone else before.
“Used” means furniture or bedding that has been previously owned or used by another individual.

Section § 19008.2

Explanation

This law defines 'antique' as furniture that is particularly valuable due to its age. Specifically, it refers to works of art or handcrafted items that are over 100 years old.

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

Section § 19008.5

Explanation

In California, if an item of upholstered furniture or bedding has any used materials, even just a part of it, the whole item is considered secondhand.

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

Section § 19008.6

Explanation
If upholstered furniture or bedding is displayed for sale in a private home or room that isn't isolated from the living areas, it's considered secondhand.
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.

Section § 19009

Explanation

A retailer is someone who sells upholstered furniture, bedding, or materials that fill these items directly to the buyer.

“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.

Section § 19010

Explanation

A 'bedding renovator' is someone who works on fixing or refreshing bedding, which includes tasks like rebuilding, repairing, or covering it again.

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

Section § 19010.1

Explanation

This section defines a 'custom upholsterer' as someone who either individually or with help from others, fixes, reupholsters, or makes custom upholstered furniture. They can do this with new materials or materials provided by the customer.

“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.

Section § 19010.5

Explanation

A wholesaler is someone who sells items like upholstered furniture or bedding to another person or business who will then sell those items again. However, this definition does not include parts of a company that are owned by or share the same name as the manufacturer, and serve as the only outlet for the manufacturer's sales.

“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.

Section § 19011

Explanation

This section defines a 'Manufacturer' as someone who creates upholstered furniture or bedding, or upholsters any part of it, using new or used materials. It specifically excludes 'custom upholsterers' from this definition.

“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.

Section § 19011.1

Explanation

This law defines an 'Importer' as someone who produces or sells, via their staff or representatives, items like upholstered furniture, bedding, or stuffing materials made outside the U.S. and intended for sale in California.

“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.

Section § 19012

Explanation

This law defines a 'supply dealer' as anyone who makes, processes, or sells materials like felt, fabrics, or loose stuffing materials that are intended for use in furniture or bedding.

“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.

Section § 19012.5

Explanation

This law defines a 'sanitizer' as someone who cleans and disinfects bedding items or the materials used to fill them.

“Sanitizer” means a person who sanitizes articles of bedding or filling materials.

Section § 19014

Explanation
A 'branch' is a separate location or office from the main one, that operates its own services for business purposes.
“Branch” means any subordinate establishment situated apart from the parent house, maintaining a separate service to the trade.

Section § 19015

Explanation

This section defines a 'slip seat' as a removable, cushioned seat made of a base like plywood, with padding and a cover, that's attached to furniture like chairs or stools using screws or other methods.

“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.

Section § 19016

Explanation

A "slip cover" is a cover that doesn't have filling material and is intended to go over fully made furniture or bedding. It's not permanently fixed onto the item, so it's easy to remove or change.

“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.

Section § 19016.5

Explanation

If someone only makes slip covers, they don't need a license according to this law.

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

Section § 19017

Explanation

This section defines 'Owner’s material' as any personal items a person or tenant sends to be fixed or refreshed by a manufacturer, bedding renovator, or custom upholsterer.

“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.

Section § 19018

Explanation

An 'approved testing laboratory' is a facility that meets specific requirements set by the bureau, including having the right people, facilities, and equipment. These labs test insulation materials to ensure they meet certain standards. Manufacturers can use their own approved labs or hire independent ones to certify and maintain the certification of their insulation products.

“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.

Section § 19019

Explanation
The law defines 'insulation material' as anything that is placed inside or next to parts of a building like the roof, walls, or floors, or around appliances, to help lower heating and cooling costs by slowing down heat transfer.
“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.

Section § 19020

Explanation

This law section explains what an "R-value" is. It's a measure of how well a material resists heat flow, or in simpler terms, how good an insulator it is. The R-value is calculated by taking 1 divided by the material's conductance, which is the amount of heat transfer in Btu through a square foot of material per hour per degree Fahrenheit difference in temperature across the material.

“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

Section § 19021

Explanation

This law section defines a 'quality assurance program' for insulation materials, requiring manufacturers to have a system in place to ensure their products consistently meet specific standards. This involves regular testing by a laboratory that the bureau approves.

“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.

Section § 19022

Explanation

This law explains what counts as an 'insulation manufacturer' in California. Essentially, you're considered a manufacturer if you produce insulation materials that reduce heat or cold transfer without modifications. If you change the insulation product in any way—like altering its chemicals or shape—you become the manufacturer of that altered product. However, contractors who simply install insulation as intended don’t count as manufacturers, as long as they don't change the product’s properties and the original manufacturer is licensed. The law also specifies actions like adding adhesives or reshaping insulation that are considered changes. Notably, attaching fiberglass insulation to metal ductwork with standard adhesives and pins isn’t covered by this rule.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 19022(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)CA Business & Professions Code § 19022(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)CA Business & Professions Code § 19022(d) As used in subdivision (b), “alteration,” “substitution,” or “recompounding” includes:
(1)CA Business & Professions Code § 19022(d)(1) The attachment of facings or vapor barriers, including, but not limited to, plastic, metal, felt, paper, or other similar materials.
(2)CA Business & Professions Code § 19022(d)(2) The compression, expansion, or reshaping of insulation materials.
(3)CA Business & Professions Code § 19022(d)(3) The addition of, or mixing with, adhesives.
(4)CA Business & Professions Code § 19022(d)(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)CA Business & Professions Code § 19022(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.