Are we allowed to buy used recover and sell ?

[lc]

Hi Everyone

It's been some time I've been on here . Wow !... I have been reading so many interesting topics . It's amazing the support and help this site gives.

I have a misconception I would like clarification on.
I am in Northern Ontario which I am not certain this really matters .
Question being....Are we allowed as upholsterers to buy used furniture and re-sell it ? I was told by a colleague we couldn't .
Or to buy maybe and sell on a local classified not throught he business itself ???
Does anyone know where our limits are with this ?
Looking forward to hearing some feedback.

Thank you

LC

[sofadoc]

I'm not familiar with Canadian laws.
But in the US, I've never been told that I couldn't recover a used piece of furniture and sell it. As long as you tell the customer what they're getting, I don't see anything illegal, or even unethical.
Having said that, I never recover used pieces just to put up for sale. I keep several used pieces in my storeroom. If a customer sees one they like, I give it to them for free (if they pay me to recover it).

[kodydog]

What was your colleague's rational for his statement. Is he saying there is a law or does he think its unethical?
Antique stores sell used furniture all the time and so do I. I sold a cane loveseat last week that I did not recover. And today I sold a retro chase lounge that I replaced all the springs and padding. In no way did I try to sell them as new. I find this is a nice complement to my upholstery business.

[lc]

 I thought there was a legal thing to it under the renovated materials act or whatever they call it .,I haven't went that far to look that up in which I probably should as it made no sense to me at all.
I was looking into re selling  for reasons of getting rid of in stock material that hasn't moved for some time ....also it puts the word out a bit more too when they come and pick it up as to what I do.
Its been dead here for business..last year I had a contract but as of now the phone hardly rings so I'm looking for ways to make some money while it's slow

[Peppy]

I'm in Ontario too, and I've never heard of not being able to sell furniture. But to be honest I've never read the stuffed articles act of 1976 (or whatever year it is) I guess if you're worried put a renovated articles act tag on it. And why worry? When's the last time the upholstery police came by? About once every two years for us, and they just want to see new foam on your shelf really.

[lc]

Well thank you ...I don't think it'll be a worry .,  I have only been on my own in business the past few years and I am not aware of all the rules and what the heck I can and cannot do .
Foam police ''..I like that !!   not that I like them ...paying  $80. a year for them to come by and check our foam and 500. dollars to have the darn tags made and for what ?? How many of us really take a look at those tags ? Most of us rip them off . It's a money grab . At least thats my opinion
Do you have to get those tags and have your places inspected in the states too ?

[JuneC]

No foam police that I've ever seen or heard of - but then I'm in marine work.  And if there were, they'd find at least one shelf full of old used foam that I use to pad the pointy parts of boats when we're shrinkwrapping.  Wonder how they'd like that...

June

[lc]

 Here they worry about foam fleas if there is such a thing .,so we have to keep it in plastic.
It's somewhat funny in a way because we all get a mess piled up in the foam area so when the inspectors are in town the upholsterers will call each other to give the heads up so we can tidy up.

[Peppy]

No foam police that I've ever seen or heard of - but then I'm in marine work.  And if there were, they'd find at least one shelf full of old used foam that I use to pad the pointy parts of boats when we're shrinkwrapping.  Wonder how they'd like that...

June

I don't expect they'd like it at all June. You could always say you were just storing it there till there was room in the dumpster. The last inspector I saw was 2 or so years ago. She just glanced at our stock shelves, asked where we bought from, and where our tags were, and left. Although she probably had just been at our 'competitor' who (according to local rumour) has several cats living in his shop. After his place ours likely looks like the Taj Mahal.

One upholsterer I know did indeed get fined for not putting the tags on his furniture. Something like $300. Although listening to the story I think he antagonized the inspector. We keep the tags close by the work benches to be able to provide them if asked. And if asked, I attach them to the furniture in the truck on the way to the customers house. That's why some pieces in the show room don't have them on yet.

[kodydog]

What info are on your tags? Do you have to identify the materials going into each piece? If so aren't those percentages made up anyway. How could you possibility know if a pillow really has exactly 80% feathers and 20% down. I get old chairs from New York once in a while with legal tags and tax stamps on them. One more way for the gov to squeeze another buck out of the small business man. I've only seen them on old pieces that have been recovered before. Pretty sure they stopped doing it.

[sofadoc]

I haven't seen the guy with the tags and stamps since the mid-90's. He used to come in yearly and inspect to see if the foam was being stored properly. It couldn't be on the floor, unless in plastic. And it couldn't be touching used foam.
He never questioned why we never needed any more tags or stamps (we never put them on anything). $20 worth of stamps lasted us over 25 years.
The only thing he ever nailed us on, was having a sleeper mattress in the shop. He told us to leave the mattress at the customer's house. If we brought it in to the shop, it had to be sterilized and tagged.

[kodydog]

I'm afraid I'd be in big trouble if the guy ever came into my shop.

Did they have some kind of written list you were supposed to follow?

Here they worry about foam fleas if there is such a thing .,so we have to keep it in plastic.

Can't say I've ever heard of foam fleas so I goggled it and didn't find a thing.

[lc]

I don't believe there are  foam fleas myself maybe she was just trying to creep us out so we would be sure to keep the foam covered.

My tags have written on them...

Renovated Article
(not for sale )
This label is affixed in compliance with
The Technical Standards and Safety Act ,2000
Registration #
Elsie's Upholstery
/ address and phone #

To tell you the truth I had paid no attention to them with my grumblings of the expense I threw them by the work bench to use but never really read it clearly enough to realize it has not for sale on it ....
Hmmm
Does anyone know if the foam police ( nice pun June ) view these discussions ??

[kodydog]

Oh I would love to have one of those guys get on here and try to explain their side of the story. Sounds like a whole lot of government bureaucracy to me.

Here's an idea. Why not leave it up to the consumer to visit the shop and decide if they want their furniture recovered there. Oh that's right the consumer isn't smart enough to do something like that. Gotta have "experts" do that for us. Foam fleas..., give me a break.

[Peppy]

My understanding of the law is that it's there to stop upholsterers from stuffing furniture with newspapers and raw meat. The tags are so you remember who to go after when the meat goes bad. I've never heard of "foam fleas" just that they make sure the foam is kept clean and dry and not on the floor.

I actually read the Stuffed Articles Act. Stimulating. It would seem you are allowed to sell used as long as you use the right tag (a second hand tag). And I guess do this?


Sterilizing of Upholstered and Stuffed Articles

10.  (1)  Before being sold or offered for sale, an upholstered or stuffed article referred to in clause 18 (1) (a) of the Act shall be sterilized by being exposed to formaldehyde gas for not less than ten hours in a gas-tight sterilization chamber equipped with,
(a) at least one air inlet having a gas-tight closure gate or valve; and
(b) at least one air outlet having a gas-tight closure gate or valve.
(2)  The air outlet of the sterilization chamber referred to in subsection (1) shall be equipped with a duct of a size sufficient to carry the exhaust gases to the outside atmosphere at a point removed from any door, window or opening.
(3)  The formaldehyde gas referred to in subsection (1) shall be generated from 570 millilitres of formaldehyde solution for each twenty-eight cubic metres of space in the sterilization chamber.
(4)  Where more than one upholstered or stuffed article is placed in a sterilization chamber referred to in subsection (1), the articles shall be so spaced from each other that gas may circulate freely among the articles.
(5)  Where shelves are used in a sterilization chamber referred to in subsection (1), the shelves shall be of lattice construction. R.R.O. 1990, Reg. 1092, s. 10.
Disinfesting of Upholstered and Stuffed Articles

11.  Before being sold or offered for sale, an upholstered or stuffed article referred to in clause 18 (1) (c) of the Act shall be disinfested by an exterminator licensed under the Pesticides Act, in an enclosed space or vault and in compliance with the requirements of that Act and the regulations made thereunder. R.R.O. 1990, Reg. 1092, s. 11.

Never done heard of a formaldehyde chamber before.

Here's the site- http://www.e-laws.gov.on.ca/html/revokedregs/english/elaws_rev_regs_901092_e.htm