Hi
Does anyone know the legalities of selling non-children, non-commercial furniture? Like formaldehyde in foam, flammability, how to test for weight a bar stool could take, etc? Are there testing facilities. I found some government stuff but it’s not really a blueprint on what needs to be done.
Thanks!
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Replies
Hm.. interesting
I only build furniture on-request. With that comes the customer's understanding of the product. Example: end tables aren't for standing on, etc. I believe if you produce barstools with 1" dowel legs you deserve to be sued when it fails.
But I've found plans for stools, chairs and other seats will accommodate darn near anyone a similar big box store's chair will hold. Do you ask store clerks weight limits?
Can't help you with (gag) child-safety guidelines or foam, I don't work with cushions.
Mikaol
If you are only SELLING, the manufacturer may carry the liability for its products. If you are an individual building to order, you moght consider selling art with "no representation of utility"...unless you are a company... which should have a lawyer and an insurance company advising you. I am neither.
What a great question.
Yes, there are furniture safety testing facilities. For instance Intertek. See: https://www.intertek.com/uploadedFiles/wwwintertekcom/Industries/Products_and_Retail/Furniture/_Files/Definitive_Guide_to_North_America_Furniture_Testing.pdf
I have no idea if such a facility would be available or affordable to the small woodworker. I guess the underlying question is whether there's any less liability for the small shop, home business, or hobbyist who occasionally sells a piece. I can't imagine there would be, but it would be nice to hear from some of the FWW staff or contributors who have woodworking businesses and could provide something more definitive than our speculations.
This an interesting topic, I sell some items at a Gallery, but to this point have limited the items to "Things that sit on a shelf" and have stayed away from stools, small tables, book shelves etc. because of liability concerns. Would love to hear from anyone that has investigated this potential issue.
One of my favorite stories related to this topic involves the famous 3 legged chair that Frank Lloyd Wright designed for the Johnson Wax building. The chairs had a tendency to tip over and eventually the president of Johnson Wax called Wright in for a meeting. When Wright walked into the president's office he sat down on one of the chairs in question and it promptly tipped over. Wright got up from the floor, dusted himself off, and then asked "So what did you want to see me about?"
I don't know if this story is historically accurate but I love it.
Dealing with the three separate issues in your original questioning. One, formaldehyde e.g., you could "probably" find a common list of (potentially prohibited?) materials and their toxicity as it relates to furniture production. If you are building pieces with/including wood they are by their nature going to be generally flammable. With further research you might be able to find some info. on furniture load bearing "standards"...maybe. How you would apply that potentially to what you might be building I would imagine to be quite a gray area. One thing you might look into (although you didn't address this initially) is to develop a draft "liability release" form - since you are addressing issues of "potential liability". These are not uncommon for furniture manufactures along with thousands of other commodity producers.
There is a lot to unpack in your question, and many of the answers you're looking for will be defined by where you live. For example, in Ohio, every manufacturer of upholstered furniture must purchase a license and agree to have each piece sent to a fire lab to test its flammability (hence the compliance sticker that reads to be removed by consumers only). California has even stricter laws.
As far as standards go, you can't go wrong with going to http://www.bifma.org. BIFMA is the Business and Institutional Furniture Manufacturers Association and they publish industry standards for what furniture should withstand, even certifying a company's product complies. If you can meet the guidelines for your type of furniture, you'll be all set. It can be expensive though to get tested, and you'll have to decide if it's worth the investment (for one off pieces, it likely isn't).
As far as legal issues, it is up to your local jurisdiction to a degree. Contact your state's agency that handles business matters. It's likely your Secretary of State office. Depending on the volume you sell, it might benefit you to establish an LLC for yourself and purchase liability insurance. Also, be aware of sales tax issues that may arise and whether or not you need a vendor's license where you live.
Finally, if you plan on making more than a few pieces to sell to friends and family, you should consider meeting with a lawyer, insurance person, and an accountant to discuss what is best for you. It will be well worth the investment.
I have never made furniture out of children and I never will, no matter what the regulations say.
Seriously though, if you build furniture that doesn't kill people, you should be fine. And I mean that for all levels of manufacturing, not just one-offs, ikea made furniture that killed people. That was a bad idea.
The general rule, if you're not sure, is; don't kill people. If you're still not sure, don't build furniture.
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