BILL NUMBER: AB 711	CHAPTERED  07/20/07

	CHAPTER  107
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JUNE 28, 2007
	PASSED THE ASSEMBLY  JULY 9, 2007
	AMENDED IN SENATE  MAY 24, 2007
	AMENDED IN ASSEMBLY  APRIL 12, 2007
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 22, 2007

   An act to amend Section 7027.5 of the Business and Professions
Code, relating to contractors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 711, Emmerson. Contractors: landscape contractors.
   Existing law, the Contractors' State License Law, creates the
Contractors' State License Board within the Department of Consumer
Affairs and provides for the licensing and regulation of contractors.
Existing law authorizes a landscape contractor working within the
classification of his or her license to enter into a prime contract
for the construction of a swimming pool, spa, or hot tub, provided
that the improvements are included within a landscape project that
the landscape contractor is supervising and are subcontracted to a
single licensed swimming pool contractor or are performed by the
landscape contractor who is a licensed swimming pool contractor.
Existing law specifies various acts and omissions that constitute
grounds for disciplinary action against a licensed contractor, and
authorizes the Registrar of Contractors to deny an application for
licensure or renewal of licensure, issue a citation, or suspend or
revoke a license or registration for any act or omission constituting
a cause for disciplinary action.
   This bill would authorize a landscape contractor working within
the classification of his or her license to enter into a prime
contract for the construction of an outdoor cooking center or an
outdoor fireplace provided that the improvements are included within
a residential landscape project that the contractor is supervising
and that, in the case of an outdoor fireplace, it is not attached to
a dwelling. The bill would require any work performed in connection
with the construction of the outdoor cooking center or outdoor
fireplace that is outside of the scope of the landscape contractor
classification to be performed by a general building contractor, as
specified, or an appropriately licensed specialty contractor, unless
the landscape contractor is also a general building contractor or
holds an appropriate specialty license classification to perform the
work. The bill would provide that a violation of these provisions and
related provisions of existing law would be grounds for disciplinary
action.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7027.5 of the Business and Professions Code is
amended to read:
   7027.5.  (a) A landscape contractor working within the
classification for which the license is issued may design systems or
facilities for work to be performed and supervised by that
contractor.
   (b) Notwithstanding any other provision of this chapter, a
landscape contractor working within the classification for which the
license is issued may enter into a prime contract for the
construction of any of the following:
   (1) A swimming pool, spa, or hot tub provided the improvements are
included within the landscape project that the landscape contractor
is supervising and the construction of any swimming pool, spa, or hot
tub is subcontracted to a single licensed contractor holding a
Swimming Pool (C-53) classification or performed by the landscape
contractor if the landscape contractor also holds a Swimming Pool
(C-53) classification. The contractor constructing the swimming pool,
spa, or hot tub may subcontract with other appropriately licensed
contractors for the completion of individual components of the
construction.
   (2) An outdoor cooking center, provided that the improvements are
included within a residential landscape project that the contractor
is supervising. For purposes of this subdivision, an "outdoor cooking
center" means an unenclosed area within a landscape that is used for
the cooking or preparation of food or beverages.
   (3) An outdoor fireplace, provided that it is included within a
residential landscape project that the contractor is supervising and
is not attached to a dwelling.
   (4) Any work performed in connection with a residential landscape
project specified in paragraph (2) or (3) that is outside of the
field and scope of activities authorized to be performed under the
Landscape Contractor classification (C-27), as set forth in Section
832.27 of Title 16 of the California Code of Regulations, may only be
performed by a landscape contractor if the landscape contractor also
either holds an appropriate specialty license classification to
perform the work or is licensed as a general building contractor. If
the landscape contractor neither holds an appropriate specialty
license classification to perform the work nor is licensed as a
general building contractor, the work shall be performed by a
specialty contractor holding the appropriate license classification
or by a general building contractor performing work in accordance
with the requirements of subdivision (b) of Section 7057.
   (c) A violation of this section shall be cause for disciplinary
action.