West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-12 - Bedding and Upholstered Furniture › Section 42-12-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The "Act" for
				purposes of this rule, means the Regulation and Control of Bedding and
				Upholstery Businesses Act, W. Va. Code §
									47-1A-1
et seq
.
3.2.
				"Antique," as used in W. Va. Code §
									47-1A-11,
				means a product that is at least 75 years old.
3.3. "As is," as used in W. Va. Code §
									47-1A-11,
				means the condition of an intact, complete secondhand article of bedding that
				has not been remade or renovated in any way.
3.4. "Commissioner" means the Commissioner of
				the Division of Labor or his or her authorized representatives.
3.5. "Complete application" means an
				application that includes all the information required in sections 6 and 8 of
				this rule.
3.6. "Contested
				application" means an application that the Commissioner challenges, which can
				include, but is not limited to, incomplete information.
3.7. "Division" means the West Virginia
				Division of Labor.
3.8. "Fill
				material" or "filling material" means any material used in the manufacture or
				renovation of articles of bedding or upholstered furniture, including cotton,
				wool, kapok, feathers, down, hair or any other material or combination of
				materials.
3.9. "Final action"
				means the issuance or denial of an application for a permit.
3.10. "IABFLO" refers to the International
				Association of Bedding and Furniture Law Officials,
http://abflo.info/index.htm
.
3.11. "Manufacturer" means a person that
				makes or produces articles of bedding, upholstered furniture, or filling
				material, using either new or secondhand materials.
3.12. "Person" means an individual, a
				partnership, an association, a business, an auctioneer, a trust, a corporation,
				or any other entity engaged in the manufacturing, selling, renovating,
				upholstering or sterilizing any article of bedding, upholstered furniture or
				filling material.
3.13.
				"Registration certificate" means the annual registration document issued by the
				Commissioner authorizing a manufacturer, upholsterer or renovator to ship or
				sell articles of bedding in West Virginia.
3.14. Registration number" or "registry
				number" means the unique number assigned by the Division to an applicant for a
				registration certificate, or a uniform registry number assigned to an applicant
				by another State.
3.15. "Renovator"
				means a person who repairs, remakes, rebuilds, recovers, restores, renovates or
				renews any article of bedding or upholstered furniture.
3.16. "Sell" means to offer or expose for
				sale, barter, trade, deliver, give away, rent, consign, lease, possess with an
				intent to sell, or dispose of in any commercial manner.
3.17. "Sterilization permit" means the annual
				permit issued by the Commissioner.
3.18. "Sterilizer" means a person who
				sterilizes articles of bedding, upholstered furniture or filling
				material.
3.19. "Tag," "label," or
				"law label" means the tag or label required by W. Va. Code §
									47-1A-11
				to be affixed to articles of bedding or upholstered furniture.
3.20. "Uniform Registry Number" or "URN"
				means the unique number accepted by all states in the United States that allows
				the use of one state's registration number for use on any other state's law
				labels or tags, as long as the state assigning the registration number
				regulates bedding.
3.21.
				"Upholstered furniture" means any article of furniture intended for human use
				for sitting, resting or reclining that is wholly or partially stuffed or filled
				with filling material, including outdoor furniture pads.
3.22. "Upholsterer" means a person who
				manufactures upholstered furniture.