SACRAMENTO -The Contractors State License Board (CSLB) is alerting contractors to new regulations and laws that become effective January 1, 2010, and that may impact their business operations.
Legislation passed by the Senate and Assembly and signed into law by Governor Schwarzenegger in 2009 made changes in the California Business & Professions (B&P) Code to increase the penalties for contracting without a license; eliminate sanctions against unlicensed owner-builders; and modify mechanic's lien notification (which takes effect in 2011). Changes to the California Code of Regulations that were approved by the Office of Administrative Law become effective December 30, 2009, and make changes to the C-45 Sign and C-46 Solar license classifications; re-examination for original licenses and added classifications; and definitions of contractor advertising.
Significant 2009 legislative changes to B&P Code are as follows:
Penalties for Unlicensed Contracting Increased
AB 370 (Eng) Business & Professions Code § 7028 and 7028.16
This bill increases the penalties for contracting without a license for those who perform works of home improvement valued at $500 or more for labor and materials. Those convicted of a first offense will be subject to up to $5,000 in fines, and/or up to six months in county jail. For a second offense, those contracting without a license could face fines of up to 20 percent of the payments they received, or up to $5,000, whichever is greater, and not less than 90 days in county jail. A third offense for contracting without a license will be subject to between $5,000 and $10,000 in fines or 20 percent of payments made to the unlicensed contractor, whichever is greater, and up to one year in county jail. This bill also amends the law to include that a person who used the services of an unlicensed contractor is considered a victim of a crime and eligible for restitution, regardless of whether that person knew the contractor did not have a license. (Amended Stats 2009 ch 319 § 1 and 2, effective January 1, 2010.)
Owner-Builder Sanction Deleted
SB 821 (Senate Business, Professions & Economic Development Committee) Business & Professions Code § 7028.7, 7044, 7044.1, 7108.5 (repeal and add), 7159, 7159.5, and 7159.14.
This bill deletes the provision under existing law that a person who violates the law by engaging in work as an owner-builder without a contractor license (or an exemption from licensure) is prohibited from obtaining a contractor license for a period of one year following the violation. In addition, the bill includes clean-up language for several provisions of Contractors State License Law, making technical, nonsubstantive changes to those provisions. (Amended Stats 2009 ch 307 § 69-76, effective January 1, 2010.)
Mechanic's Lien Notices (Effective 2011)
AB 457 (Monning) Civil Code § 3084 and 3146
This bill provides that the definitions of "claim of lien" and "mechanic's lien" are the same. It also requires that a Notice of Mechanic's Lien be served on the owner or person believed to be the owner of the property or on the construction lender or original contractor, and that a "proof of service affidavit" to the above mentioned party or parties be completed and signed by the person serving the Notice of Mechanic's Lien. Failure to serve the mechanic's lien and confirm a proof of service affidavit will cause the mechanic's lien to be unenforceable. (Amended Stats 2009 ch 109 § 1 and 2, effective January 1, 2011.)
Following are the California Code of Regulations changes approved by the Office of Administrative Law:
C-45 "Electrical Sign Contractor" changed to Sign Contractor
California Code of Regulations § 832.45
This change in the regulation adds non-electrical signs including, but not limited to, those now covered by the regulation. (Authority cited: Business & Professions Code § 7008 and § 7059. Reference: Business & Professions § 7058 and § 7059.)
C-46 Solar Contractor references to "Exam Development" and "Active System" definition Deleted
California Code of Regulations § 832.46
This change in the regulation deletes obsolete reference to the classification being issued when an exam is developed, and changes references from "active" solar energy systems to "thermal and photovoltaic" solar energy systems and removes the definition of "active" systems. The updated language reflects current terminology and is more general to allow for future innovations in the field. (Authority cited: Business & Professions Code § 7008 and §7059. Reference: Business & Professions § 7058 and §7059.)
Re-Examination Section Repealed
California Code of Regulations § 842
This change in regulation repeals Section 842, which allowed an applicant for an original license, additional classification, or change of qualifier that failed the exam or failed to take it to apply for re-examination twice within 90 days of notification of the failure. This section was inconsistent with B&P Code Section 7074 that allows unlimited re-examination within 18 months of the Board's acceptance of the application. (Authority cited: Business & Professions Code § 7008. Reference: Business & Professions Code § 7065, §7074, and §7137.)
"License Number in Advertising" changed to Advertising Defined
California Code of Regulations § 861
This change in the regulation adds "electronic transmission" to what constitutes an advertisement and changes the title of the regulation to "Advertising Defined," from "License Number Required in Advertising," to more accurately reflect the regulation's content. Also, the exemption provision was deleted, as statute does not give the Registrar the authority to grant such exemptions. (Authority cited Business & Professions Code §7008. Reference: Business & Professions Code § 7030.5)
SUMMARY OF MAJOR CHANGES TO CONTRACTOR LAW EFFECTIVE JANUARY 1, 2009
SB 797 (Ridley-Thomas)
Business & Professions Code § 490
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to suspend or revoke a license on certain bases, including the licensee's conviction of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This bill specifies that this authorization to suspend or revoke a license is in addition to any other action that a board is permitted to take against the licensee. (Amended Stats 2008 ch 33 § 2, effective January 1, 2009.)
Business & Professions Code § 7028
Existing law, the state Contractors License Law, creates the Contractors State License Board within the Department of Consumer Affairs and provides for the licensure and regulation of contractors. Existing law makes it a misdemeanor for any person to engage in the business or act in the capacity of a contractor without having a license, and subjects a person who violates this prohibition to specified fines and imprisonment. This bill applies specified penalty provisions to a person named on a revoked license if he or she is responsible for the act or omission resulting in the revocation. (Amended Stats 2008 ch 33 § 5, effective January 1, 2009.)
SB 963 (Ridley-Thomas)
Business & Professions Code § 7000.5
Existing law establishes the Contractors State License Board and provides that these provisions become inoperative on July 1, 2009, and are subsequently repealed on January 1, 2010. This bill changed the dates on which these provisions are to become inoperative and repealed to January 1, 2011. (Amended Stats 2008 ch 385 § 1, effective January 1, 2009.)
Business & Professions Code § 7011
Existing law authorizes the Contractors State License Board to appoint an executive officer and provides that these provisions become inoperative on July 1, 2009, and are subsequently repealed on January 1, 2010. This bill changes the dates on which these provisions are to become inoperative and repealed to January 1, 2011. (Amended Stats 2008 ch 385 § 1, effective January 1, 2009.)
SB 1432 (Margett)
Business & Professions Code § 7071.5 and § 7071.10
Existing law, the state Contractors License Law, provides for licensure and regulation of contractors by the Contractors State License Board and requires a licensee to notify the Registrar of Contractors in writing of any unsatisfied judgment imposed on the licensee. Existing law requires that a licensee, or applicant for a license, and the qualifying individual of a licensee or applicant file or have on file a $12,500 contractor bond, except as specified. Existing law requires that these bonds be for the benefit of, among others, a homeowner contracting for home improvement upon the homeowner's personal family residence damaged as a result of a violation of the state Contractors License Law. This bill also requires that the contractor's bond and the qualifying individual's bond be for the benefit of a property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of the state Contractors License Law, if the dwelling is not intended or offered for sale at the time the damages were incurred. (Amended Stats 2008 ch 157 § 1(1), effective January 1, 2009.)
Business & Professions Code § 7071.11
Existing law provides that a contractor, or a qualifying individual acting in the capacity of a contractor, shall provide a bond or deposit, as specified, for the benefit of homeowners and other persons damaged as a result of specified violations. Existing law provides that any action, other than to recover wages or fringe benefits, against a contractor's bond or the bond of a qualifying individual shall be brought within 2 years after the expiration of the license period during which the act or omission occurred or within 2 years of the date that the license was inactivated, canceled, or revoked, whichever first occurs. This bill instead provides that the action, other than to recover wages or fringe benefits, against the contractor's bond or the bond of a qualifying individual must be brought within 2 years after the expiration of the license period during which the act or omission occurred or within 2 years of the date the license of the active licensee would have expired had the license not been inactivated, canceled, or revoked. (Amended Stats 2008 ch 157 § 3(c)(2), effective January 1, 2009.)
Code of Civil Procedure § 116.220
Existing law specifies that the jurisdiction of the small claims court includes various actions in which the demand does not exceed $5,000, with specified exceptions. This jurisdiction includes (1) any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor if the demand does not exceed $7,500, except as specified, (2) any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed $2,500, and (3) any action against a defendant guarantor that charges a fee for its guarantor or surety services or an action brought by an entity other than a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed $4,000. This bill increases the jurisdiction of the small claims court for any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services from $4,000 to $6,500. (Amended Stats 2008 ch 157 § 4(4)(c)(3), effective January 1, 2009.)
SB 1362 (Margett)
Business & Professions Code § 7137
Under the existing state Contractors License Law, the Contractors State License Board is uthorized to establish fees for, among other things, an application for an original license, rescheduling an examination, and the renewal of an active or an inactive license. This bill authorizes the board, in addition to any other fees charged to C-10 Electrical and C-7 Low Voltage systems contractors, to charge a fee not to exceed $20, to be used by the board to enforce provisions of the Labor Code related to electrician certification. Because these fees would be deposited into the Contractors License Fund, which is continuously appropriated, the bill would make an appropriation. (Amended Stats 2008 ch 716 § 1(k), effective July 1, 2009.)
Labor Code § 3099.2
Existing law requires that persons performing work as electricians for specified contractors be certified pursuant to certification standards established by the Division of Apprenticeship Standards within the Department of Industrial Relations. This bill requires the Chief of the Division of Apprenticeship Standards to develop a process for referring cases to the Contractors State License Board upon determining that a violation of certification requirements has likely occurred and to execute a memorandum of understanding with the Registrar of Contractors to further this end by July 1, 2009. The bill authorizes the Registrar of Contractors to open an investigation and initiate disciplinary action against a licensed contractor pursuant to these provisions upon his or her own investigation or upon a finding of the Chief of the Division of Apprenticeship Standards alleging a violation of these provisions. (Amended Stats 2008 ch 716 § 2(i)(j), effective July 1, 2009.)
AB 2335 (Nakanishi)
Health and Safety Code § 19825
Existing law, in separate provisions, requires every city or county that necessitates the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, at a minimum, to have the owner of the building or structure complete specific forms and declarations that identify the property and any agents or contractors performing the work, if applicable, and declaring the project complies with various laws. Existing law also requires the city or county to provide notice to the owner of the property of the legal implications of construction on the property. This bill repeals those separate provisions and creates a single provision that combines and modifies the existing forms, declarations, and notices to the property owner and expands the acknowledgments property owners are required to make. (Repeals Sections 19825 § 1, 19830 § 3, 19831 § 4, and 19832 § 5 of the Health and Safety Code, and Added Stat 2008 ch 66 H;S 19825 § 2(a), effective January 1, 2009.)