Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 282


Introduced by Assembly Member Eggman

February 11, 2015


An act tobegin delete amend Section 19006 of the Business and Professions Code, relating to business.end deletebegin insert add Chapter 35 (commencing with Section 2end insertbegin insert2948.8) to Division 8 of the Business and Professions Code, and to add Sections 1503.3 and 1596.848 to the Health and Safety Code, relating to window coverings.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 282, as amended, Eggman. begin deleteHome furnishings. end deletebegin insertCorded window coverings.end insert

begin insert

Existing law generally regulates various business activities and practices, including the sale of cordless telephones within the state.

end insert
begin insert

This bill would, beginning January 1, 2017, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define “corded window covering” as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define “accessible cord” as any cord with a length of over 7 34 inches, including a cord that can be extended or pulled to exceed 7 34 inches. The bill would authorize a corded window covering for which an accessible cord cannot be eliminated, as specified, to be sold to a purchaser located in the state only if the accessible cord is made inaccessible through the use of an effective passive guarding device, such as a cord cover.

end insert
begin insert

Existing law provides for the licensing and regulation of community care facilities, including, among others, residential facilities, foster family homes, certified family homes, and group homes by the State Department of Social Services. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor.

end insert

begin insertThis bill would require a community care facility or end insertbegin insertchild day care facility that serves children under 6 years of age to remove all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device by January 1, 2019. By expanding the scope of a crime, this bill would impose a state-mandated local program. end insert

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law, the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of, among others, upholstered-furniture manufacturers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Existing law defines “upholstered furniture” for purpose of the act.

end delete
begin delete

This bill would make nonsubstantive changes to that definition.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 35 (commencing with Section 22948.8)
2is added to Division 8 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert, to
3read:end insert

begin insert

4 

5Chapter  begin insert35.end insert Corded Window Coverings
6

 

7

begin insert22948.8.end insert  

For purposes of this chapter, the following terms
8shall have the following meanings:

9(a) “Accessible cord” means any cord with a length of over
10seven and three-quarter inches, including a cord that can be
11extended or pulled to exceed seven and three-quarter inches.

P3    1(b) “Corded window covering” means a window covering,
2including, but not limited to, blinds, curtains, draperies, and
3shades, that has an accessible cord.

4

begin insert22948.9.end insert  

(a) Except as provided in subdivision (b), it is
5unlawful to sell to a purchaser located in this state a corded
6window covering.

7(b) If an accessible cord cannot be eliminated from a corded
8window covering due to the large size of the window covering or
9for another reason, the corded window covering may be sold to a
10purchaser located in this state only if the accessible cord is made
11inaccessible through the use of an effective passive guarding
12device, such as a cord cover.

13

begin insert22949.end insert  

This chapter shall become operative on January 1,
142017.

end insert
15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1503.3 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
16to read:end insert

begin insert
17

begin insert1503.3.end insert  

(a) For the purposes of this section, the terms
18“accessible cord” and “corded window covering” have the same
19meaning as in Section 22948.8 of the Business and Professions
20Code.

21(b) By January 1, 2019, every facility licensed or certified
22pursuant to this chapter that serves children under six years of
23age shall remove all corded window coverings or make the
24accessible cord inaccessible through the use of an effective passive
25guarding device, such as a cord cover.

end insert
26begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1596.848 is added to the end insertbegin insertHealth and Safety
27Code
end insert
begin insert, to read:end insert

begin insert
28

begin insert1596.848.end insert  

(a) For the purposes of this section, the terms
29“accessible cord” and “corded window covering” have the same
30meaning as in Section 22948.8 of the Business and Professions
31Code.

32(b) By January 1, 2019, a child day care facility that serves
33children under six years of age shall remove all corded window
34coverings or make the accessible cord inaccessible through the
35use of an effective passive guarding device, such as a cord cover.

end insert
36begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P4    1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.

end insert
begin delete
5

SECTION 1.  

Section 19006 of the Business and Professions
6Code
is amended to read:

7

19006.  

“Upholstered furniture” shall mean any furniture,
8including children’s furniture, movable or stationary, which is
9made or sold with cushions or pillows, loose or attached, or is itself
10stuffed or filled in whole or in part with any material, is or can be
11stuffed or filled in whole or in part with any substance or material,
12hidden or concealed by fabric or any other covering, including
13cushions or pillows belonging to or forming a part thereof, together
14with the structural units, the filling material and its container and
15its covering which can be used as a support for the body of a human
16being, or his or her limbs and feet when sitting or resting in an
17upright or reclining position. “Upholstered Furniture” does not
18include furniture used exclusively for the purpose of physical
19fitness and exercise.

end delete


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