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For the purposes of this Chapter 28, the following terms have the following meanings:
“Covered Product” means Upholstered Furniture, Reupholstered Furniture, or Juvenile Products, any component of which has been made with or contains a Flame Retardant Chemical at a level above 1,000 parts per million. Covered Products do not include (1) used or second-hand furniture that is not Reupholstered Furniture, or (2) used or second-hand Juvenile Products.
“Director” means the Director of the Department of the Environment.
“Establishment” means any store, stand, booth, concession, or any other business enterprise that engages in the Sale of Covered Products in San Francisco, and/or in the business of reupholstering residential furniture in San Francisco.
“Flame Retardant Chemical” means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame Retardant Chemicals include, but are not limited to, halogenated, phosphorous based, nitrogen based, and nanoscale flame retardants; flame retardant chemicals listed as “designated chemicals” pursuant to Section 105440 of the California Health and Safety Code, as amended; and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet (“SDS”) pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations, as amended.
“Juvenile Product” means a new, not previously owned product subject to the Home Furnishings and Thermal Insulation Act (Cal. Business and Professions Code Sec. 19000 et seq.) and designed for residential use by infants and children under 12 years of age, including but not limited to a bassinet, booster seat, changing pad, floor play mat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat. Juvenile Products do not include:
(a) products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles;
(b) products subject to Title 49, Part 571 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft;
(c) products required to meet federal flammability standards in Title 16, Parts 1632 or 1633 of the Code of Federal Regulations regarding mattress products; and
(d) products required to meet State flammability standards in California Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”
“Reupholstered Furniture” means furniture whose original fabric, padding, decking, barrier material, foam, and/or other resilient filling has been replaced by an Establishment, that has not been Sold since the time of such replacement, and that is required to meet the flammability standards set forth in California Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Reupholstered Furniture shall not include products required to meet California Technical Bulletin 133.
“Sale,” or any of its variants, means any of the following, or combination thereof, undertaken by an Establishment: sell, offer for sale, transfer possession for compensation, trade, rent, lease, or otherwise give or distribute, and/or an intent to conduct any of these activities.
“Upholstered Furniture” means new, not previously owned seating made with soft materials, including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling, that is required to meet the flammability standards set forth in California Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Upholstered Furniture shall not include products required to meet California Technical Bulletin 133.
(Added by Ord. 211-17, File No. 170867, App. 11/3/2017, Eff. 12/3/2017)