SECTIONS 19150-19165 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19150-19165

19150. 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.

19151. 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.

19152. 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.

19158. 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.

19160. 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.

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) 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) 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) 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.
(e) This section shall become operative on July 1, 2007.

19161.3. 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.

19161.5. 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.

19162. 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.

19163. 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.

19164. 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 requlations, the regulations of the 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 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 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 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 shall be
submitted to the State Building Standards Commission for approval
pursuant to, and are governed by, the State 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 State Building Standards Code shall comply with, and
be enforced as provided in, this section.

19165. 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.