Title BPC — California Bus. & Prof. Code

“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 eithe…

“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 …

“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. “Manufac…

“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.

“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.

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

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

“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.

“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.

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

“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.

“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…

“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 reduc…

“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

“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 …

(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 …

Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Household Goods and Services.

The duty of enforcing and administering this chapter, Chapter 3.1 (commencing with Section 19225), and Chapter 20 (commencing with Section 9800) of Division 3 is vested in the chief who is responsible to the director therefor.

The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All…

Except as qualified by this chapter the chief has all the powers and duties of a head of a department under Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

With the approval of the director, the chief may adopt rules and regulations necessary for the administration of this chapter and declaring the policy of the bureau, and shall determine when any article, not otherwise clearly defined, is “upholstered furniture” or “bedding” or “i…

All rules and regulations shall become effective not earlier than 30 days after approval by the director, and upon compliance with the procedure provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

It shall be unlawful for any person to engage in a business regulated by this chapter unless, at the time of so doing, he or she holds a valid, unexpired license to engage in that business, in compliance with the provisions of this chapter.

To obtain a license authorized by this chapter, an applicant shall submit to the chief an application in writing. The application shall be made on a form prescribed by the chief and shall be accompanied by the fee fixed by this chapter.

Every upholstered-furniture retailer, unless they hold an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license, a custom upholsterer’s license, or a retail furniture and bedding dealer’s license shall hold a retail…

Every custom upholsterer, unless he or she holds a furniture and bedding manufacturer’s license, shall hold a custom upholsterer’s license.

Every upholstered-furniture wholesaler, bedding wholesaler, and upholstered-furniture and bedding wholesaler, unless he or she holds an importer’s license, shall hold a wholesale furniture and bedding dealer’s license.

Every importer shall hold an importer’s license.

Every upholstered-furniture manufacturer, bedding manufacturer, upholstered-furniture and bedding manufacturer, or bedding renovator, unless he or she holds an importer’s license, shall hold a furniture and bedding manufacturer’s license.

Every bedding retailer, unless they hold an importer’s license, an upholstered-furniture and bedding manufacturer’s license, a wholesale upholstered-furniture and bedding dealer’s license, or a retail furniture and bedding dealer’s license, shall hold a retail bedding dealer’s li…

Every bedding renovator shall hold an upholstered-furniture and bedding manufacturer’s license.

Every supply dealer, unless he or she holds an upholstered-furniture and bedding manufacturer’s license or an importer’s license, shall hold a supply dealer’s license.

Every sanitizer shall hold a sanitizer’s license unless they are licensed as a home medical device retail facility by the State Department of Public Health or as an upholstered furniture and bedding manufacturer, retail furniture and bedding dealer, retail bedding dealer, or cust…

Every insulation manufacturer who sells insulation material in California shall hold an insulation manufacturing license issued by the bureau. Manufacturers having more than one manufacturing plant shall hold a single license for all plants under the same ownership producing the …

Every person in any class shall obtain a separate license for each branch house; but one whose manufacturing plant is located in another state or foreign country, and who is licensed to manufacture upholstered furniture or bedding or filling materials for sale in California, may …

Every person who, on his or her own account, sells either directly or indirectly to any person either at wholesale or retail any merchandise subject to this chapter by means of a car, catalog, office, or in any other manner, shall obtain the proper license for each method of sale…

(a) Except as provided in subdivision (b), every person who, on his or her own account, advertises, solicits or contracts to manufacture, repair or renovate upholstered furniture or bedding, and who either does the work himself or herself or has others do it for him or her, shall…

Every person doing business at the same address under more than one firm name is subject to the license provisions for each firm name.

The chief shall prescribe the procedure relative to: (a) Assignment or reassignment of serial or registry numbers. (b) Transfer of licenses between persons, where such transfer is effected through rent, lease or sale of the business. (c) Change in name, ownership, address, or of …

A license issued by the bureau shall be posted in a conspicuous place in the main office or principal place of business of the licensee.

The bureau may refuse to issue any license provided for in this chapter to any individual: (a) Who has had any license issued to them revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension. (b) If any license of a par…

The bureau may refuse to issue any license provided for in this chapter to any partnership, corporation, limited liability company, firm, or association: (a) Who has had any license issued to it revoked, or whose license is under suspension, or who has failed to renew its license…

This chapter applies to upholstered furniture, bedding and filling materials, and insulation sold in California regardless of its point of origin.

Secondhand bedding, or secondhand filling materials to be used or that could be used in bedding received from outside of this state shall comply with all the sanitization provisions of this chapter before it is accepted, sold or delivered, either directly or indirectly by any per…

Responsibility for compliance with this chapter rests not only with the manufacturer but also with the importer, wholesaler, retailer, or any person having in his or her possession any article of upholstered furniture or bedding, or filling materials with intent to resell contrar…

Importers, wholesalers, and retailers shall not sell or resell in California unlabeled upholstered furniture or bedding. Importers, wholesalers, and retailers shall obtain labels from the manufacturer of those articles and shall affix the labels before offering any upholstered fu…

The manufacturer of chairs and benches and similar articles, using slip seats that are manufactured by himself or herself or purchased from another, is responsible for the labeling of those articles.

Aiding, abetting, or knowingly combining or conspiring with an unlicensed person engaged in a business regulated by this chapter, to evade the provisions of this chapter, or allowing one’s license or registry number to be used by an unlicensed person to evade the provisions of th…

This chapter does not apply to upholstered furniture, bedding, or insulation manufactured and sold at wholesale in California for delivery outside the borders of this state.

This chapter does not apply to the manufacturer of insulating window or door glass or products containing insulating window or door glass.