This chapter shall be known as and may be cited as the Bunk Bed Safety Act of 1999.
Chapter 4.8Bunk Beds
Section § 24530
This law is called the Bunk Bed Safety Act of 1999, which is the name it should be referred to by.
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Section § 24531
This law explains that there are currently no state or federal safety standards specifically for children's bunk beds. Since 1994, a huge number of bunk beds have been recalled for being dangerous, with more than 500,000 posing health risks, many of which were made in California. Sadly, at least 54 children have died from getting trapped in bunk beds since 1990.
The Legislature finds and declares the following:
(a)CA Health and Safety Code § 24531(a) No state or federal law exists mandating the safety of bunk beds intended for use by children.
(b)CA Health and Safety Code § 24531(b) Since November 1994, the federal Consumer Product Safety Commission has recalled more than 500,000 bunk beds that posed serious health hazards to children, including thousands manufactured in California.
(c)CA Health and Safety Code § 24531(c) At least 54
children have died from head entrapment in bunk beds since 1990.
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Section § 24532
This section defines key terms related to the sale and distribution of bunk beds in California.
'Sale' or 'sell' includes various activities like remanufacturing, retrofitting, and leasing, not just directly selling. On the other hand, a 'commercial user' refers to anyone engaged in selling or dealing with bunk beds as part of their business or occupation, or someone who presents themselves as knowledgeable about bunk beds.
(a)CA Health and Safety Code § 24532(a) As used in this chapter, “sale” or “sell” means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce.
(b)CA Health and Safety Code § 24532(b) As used in this chapter, “commercial user” means any person who deals in or engages in the business of selling bunk beds or who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds.
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Section § 24533
This law states that no commercial seller can sell a bunk bed that is deemed unsafe for children after June 19, 2000. A bunk bed is considered unsafe if it does not meet federal safety standards.
(a)CA Health and Safety Code § 24533(a) No commercial user shall sell, on or after June 19, 2000, a bunk bed that is unsafe for any child using the bunk bed.
(b)CA Health and Safety Code § 24533(b) A bunk bed is presumed to be unsafe for the purposes of this section if it does not conform to federal laws, rules, or regulations relative to safety standards for bunk beds.
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Section § 24534
If a commercial user intentionally breaks the rules set in Section 24533, they are committing a minor offense, known as an infraction, and can be fined up to $1,000.
Any commercial user who willfully and knowingly violates Section 24533 is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).
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Section § 24535
Anyone can take legal action to stop a business from selling a bunk bed that's unsafe for children. If they win, they can also get their legal fees paid. This law doesn't affect hotels or motels until after July 1, 2003.
Any person may maintain an action against any commercial user who violates Section 24533 to enjoin the sale of a bunk bed that is unsafe for any child using the bunk bed, and for reasonable attorney’s fees and costs. This section shall not apply to hotels, motels, or similar transient lodging until July 1, 2003.
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Section § 24536
This law states that if someone is wronged, they can use the remedies in this article in addition to any other legal options they have. This means that the legal recourses mentioned here are not exclusive, and other legal pathways can still be pursued.
Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
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Section § 24537
This law says that bunk beds made before June 19, 2000, don't have to meet the Bunk Bed Safety Act of 1999 standards. However, when these older bunk beds are sold, they must have a clear warning label saying they don't comply with the safety rules, and buyers should be cautious.
This chapter does not apply to any bunk bed that was manufactured prior to June 19, 2000, if the sale of the bunk bed is accompanied by a disclosure statement attached in a conspicuous place on the bunk bed that states the following: “This bunk bed does not conform to the Bunk Bed Safety Act of 1999. Exercise caution before you select this product.”
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Section § 24538
This law states that the regulations or rules in this chapter cannot overrule or replace any existing federal laws or regulations that have been set under federal law.
Nothing in this chapter shall supersede any provision of federal law or any regulation adopted pursuant to federal law.
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