Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-12-3 - Definitions3.1. The "Act" for purposes of this rule, means the Regulation and Control of Bedding and Upholstery Businesses Act, W. Va. Code § 47-1A-1et 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. 3.11. "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.