Section § 19150

Explanation

This law makes it illegal for anyone to lie or make misleading claims about products that are covered under this chapter. This includes false claims made in any form of advertising, on the product's label, or on tags. Doing so violates the rules set in this chapter.

Every person who falsely advertises or misrepresents in any way any merchandise coming under the provisions of this chapter either directly or indirectly by any medium of advertising, including false statements made on the recognized California State labels or any other label or tag attached to the merchandise in question, is guilty of a violation of this chapter.

Section § 19151

Explanation

Anyone licensed to sell upholstered furniture or bedding must be honest in their ads. If the picture in the ad doesn't match the actual product being advertised, they have to clearly say so by adding a disclaimer in bold text that's easy to read.

No person licensed under this chapter shall advertise an article of upholstered furniture or bedding, or any part thereof, including, but not limited to, headboards, footboards, or frames of beds, using in such advertisement an illustration of an article that is not the article advertised unless the illustration is coupled with a statement that the article advertised is not as illustrated, the statement to be printed in type of at least nine-point bold caps or the equivalent thereto.

Section § 19152

Explanation

If you're buying upholstered furniture or bedding from a licensed seller, any promise to replace or guarantee the item's quality without charging you can't last more than five years from the purchase date. However, sellers are allowed to offer warranties that include replacement charges that vary depending on how long you've used the item.

No unconditional guaranty or replacement without charge relating to the quality of an article of upholstered furniture or bedding given by a person licensed under this chapter to a purchaser of such upholstered furniture or bedding shall exceed a period of five years from the date of sale.
This section does not preclude the offering of a warranty which would allow for a schedule of replacement charges based on period of use.

Section § 19158

Explanation

Whenever someone receives upholstered furniture or bedding to fix or update, they need to attach a tag right away that lists the owner's or dealer's name, address, and the date they got it. This tag must stay attached until the item is being worked on.

Every person, upon receiving upholstered furniture or bedding for repairing or renovating shall securely affix, immediately, a tag of identification showing the owner’s or dealer’s name, address and the date upon which it was received. The tag shall remain affixed until the article is in the process of repair or renovation.

Section § 19160

Explanation
If you're licensed under this chapter, you must make sure that your premises and all related equipment are always clean and free of any trash, dirt, bugs, or pests.
The premises, delivery equipment, machinery, appliances and devices of all persons licensed under this chapter shall at all times be kept free from refuse, dirt contamination, insects or vermin.

Section § 19161

Explanation

This law requires that all mattresses and certain bedding and seating furniture in California be fire-resistant. Mattresses must meet safety standards set by the US Consumer Product Safety Commission. Other bedding that could pose a fire risk must also be made to resist open flames. Seating furniture sold in California, including items in public spaces like hotels, must be fire-resistant and properly labeled, although this doesn't include exercise furniture. Bedding in lodgings with approved fire sprinklers isn't covered by these regulations.

(a)CA Business & Professions Code § 19161(a) All mattresses and mattress sets manufactured for sale in this state shall be fire retardant. “Fire retardant,” as used in this section, means a product that meets the standards for resistance to open-flame test adopted by the United States Consumer Product Safety Commission and set forth in Section 1633 and following of Title 16 of the Code of Federal Regulations. The bureau may adopt regulations it deems necessary to implement those standards.
(b)CA Business & Professions Code § 19161(b) All other bedding products that the bureau determines contribute to mattress bedding fires shall comply with regulations adopted by the bureau specifying that those products be resistant to open-flame ignition.
(c)CA Business & Professions Code § 19161(c) All seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state, including any seating furniture sold to or offered for sale for use in a hotel, motel, or other place of public accommodation in this state, and reupholstered furniture to which filling materials are added, shall be fire retardant and shall be labeled in a manner specified by the bureau. This does not include furniture used exclusively for the purpose of physical fitness and exercise.
(d)CA Business & Professions Code § 19161(d) Regulations adopted by the bureau for other bedding products shall not apply to any hotel, motel, bed and breakfast, inn, or similar transient lodging establishment that has an automatic fire extinguishing system that conforms to the specifications established in Section 904.1 of Title 24 of the California Code of Regulations.

Section § 19161.3

Explanation

If you're selling flexible polyurethane foam to customers here in California, whether as slabs, blocks, sheets, or in shredded form, it must be fire retardant unless it's used for carpet padding or unlikely to be furniture or mattress material. "Fire retardant" means it should meet certain safety regulations set by the state bureau.

All flexible polyurethane foam in the form of slabs, blocks, or sheets, or which is shredded (loose or packaged), except polyurethane foam sold for use as carpet underlayment and polyurethane foam which cannot reasonably be expected to be used in or as an article of furniture or a mattress, that is offered for sale to the general public at retail outlets in this state for noncommercial or nonmanufacturing purposes, shall be fire retardant. “Fire retardant” as used in this section, means a product that meets the regulations adopted by the bureau.

Section § 19161.5

Explanation

This law says that the chief of the bureau, with approval from the Director of Consumer Affairs, can decide to exempt certain upholstered furniture from fire safety rules if they believe these items don't have a serious risk of catching fire.

The chief of the bureau, subject to the approval of the Director of Consumer Affairs, may in his or her discretion exempt items of upholstered furniture which are deemed not to pose a serious fire hazard from the fire retardant requirements of Section 19161.

Section § 19162

Explanation
If you're getting custom upholstery work done, the upholsterer must give you a written estimate of the labor and materials cost before starting. No work can begin, and no charges can apply until you give the go-ahead. If costs exceed the estimate, they need your permission before continuing. This requirement doesn't force them to give an estimate if they don't agree to the job. The estimate can be given in electronic form, and 'materials' include all the stuff used in the job, like fabric and stuffing.
A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.

Section § 19163

Explanation

This law requires custom upholsterers to create a detailed work order for every job. The work order must outline what work will be done, the materials used, and how long the price estimate is valid. If they use secondhand materials, it must be clearly marked in the work order. Upholsterers can't do any work or charge anything until they get the customer's authorization. Any changes to the work or materials must also be approved by the customer. Customers get a copy of the work order before work starts, and upholsterers must keep a copy for at least a year, whether it's on paper or electronically.

All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.

Section § 19164

Explanation

This law allows the bureau to set rules for the quality and safety of insulation materials sold or installed in the state. The rules should cover how insulation performs initially and over time. Until the bureau makes its own rules, existing regulations from the State Energy Resources Conservation and Development Commission will apply, but tasks previously done by the commission will now be handled by the bureau. Before setting these rules, the bureau needs to hold at least two public hearings and seek input from various stakeholders. Once the rules are established, they will be shared with relevant state agencies, and licensed contractors must be informed. These rules, once finalized, will be part of the California Building Standards and need approval from the California Building Standards Commission.

The bureau may, by regulation, establish insulation material standards governing the quality of all insulation material sold or installed within this state, including those properties that affect the safety and thermal performance of insulation material during application and in the use intended. The standards shall specify the initial performance of the insulation material and the performance expected during the design life of the insulation material. Until the bureau has adopted these regulations, the regulations of the State Energy Resources Conservation and Development Commission in effect on the effective date of this section relating to those standards shall remain in full force and effect. However, wherever those regulations specify that the commission shall perform an act, the bureau instead shall perform the act.
Prior to establishing the standards and procedures required by this chapter, the bureau shall conduct at least two public hearings, and shall invite the State Energy Resources Conservation and Development Commission, the State Fire Marshal, manufacturers, distributors, and licensed installers of insulation materials, and appropriate members of the public to participate in the hearings. Immediately upon adoption of the standards and procedures, the bureau shall provide a copy of the standards to the State Energy Resources Conservation and Development Commission, and the Contractors State License Board. Within 30 days after receipt of the bureau’s standards, the Contractors State License Board shall notify all state licensed contractors who install insulation of the standards.
Insulation standards adopted by the bureau, pursuant to this section, and by the State Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, which are building standards, as defined in Section 25488.5 of the Public Resources Code, shall be submitted to the California Building Standards Commission for approval pursuant to, and are governed by, the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). The building standards adopted by the bureau and published in the California Building Standards Code shall comply with, and be enforced as provided in, this section.

Section § 19165

Explanation

If you want to sell or install insulation material in California, it must be certified by the manufacturer according to specific testing standards. These standards are set by the state bureau, and the insulation should have a statement proving it meets these standards. The bureau keeps a list of approved insulation types, including their R-value, and charges manufacturers an annual fee for listing their products. Additionally, manufacturers must start a quality assurance program within 180 days of these standards being set and keep test records for three years.

Insulation material may only be sold or installed in the state which has been certified by the manufacturer to have been tested in accordance with standards adopted by the bureau and which bears a visible bureau approved statement by the manufacturer certifying that the insulation material meets those standards and has been tested and approved by an approved testing laboratory. The testing criteria shall be designed to determine whether insulation materials have met or exceeded minimum established standards. The bureau shall publish and periodically update a directory of certified insulation, including the R-value. The bureau shall charge a fee of fifty dollars ($50) annually, for each certified product listed in the directory up to a maximum of five thousand dollars ($5,000) per manufacturer.
Within 180 days after the date of adoption of those standards, each manufacturer of insulation material shall develop and implement a quality assurance program. Each manufacturer shall keep a record of any testing performed pursuant to the program for a period of three years after it is performed.