BILL NUMBER: AB 1678 CHAPTERED
BILL TEXT
CHAPTER 982
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 10, 1999
PASSED THE ASSEMBLY SEPTEMBER 7, 1999
PASSED THE SENATE SEPTEMBER 3, 1999
AMENDED IN SENATE AUGUST 30, 1999
AMENDED IN SENATE AUGUST 17, 1999
AMENDED IN SENATE JULY 1, 1999
AMENDED IN ASSEMBLY APRIL 27, 1999
INTRODUCED BY Committee on Consumer Protection, Governmental
Efficiency and Economic Development (Davis (Chair), Leach (Vice
Chair), Cox, Lempert, Machado, and Wesson)
MARCH 16, 1999
An act to amend Sections 5510, 5536.1, 5536.25, 5582.1, 5616,
7137, 7141, 7159, 8698, 8698.1, 8698.5, and 8698.6 of the Business
and Professions Code, to amend Section 3260.1 of the Civil Code, to
amend Section 116.220 of the Code of Civil Procedure, to amend
Section 19825 of the Health and Safety Code, and to amend Section
3800 of the Labor Code, relating to businesses and professions, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1678, Committee on Consumer Protection, Governmental Efficiency
and Economic Development. Business and professions.
(1) Existing law provides for the licensure and regulation of
architects by the California Board of Architectural Examiners.
Existing law provides that a licensed architect who signs and stamps
plans, specifications, reports, or documents shall not be responsible
for damage caused by subsequent changes to or uses of those plans,
if those subsequent changes or uses are not authorized or approved by
that licensed architect, and the service of the architect was not
also a proximate cause of the damage.
This bill would instead provide that the licensed architect shall
not be responsible in those cases if those subsequent changes or uses
are not authorized or approved in writing by that licensed
architect, the written authorization or approval is not unreasonably
withheld by the architect, and the architectual service of the
architect is not a proximate cause of the damage. This bill would
change the name of the California Board of Architectural Examiners to
the California Architects Board and would also make several changes
to related provisions, including those specifying grounds for
disciplinary action.
(2) Existing law provides for the licensure of landscape
architects and requires licensees under those provisions to provide
customers with detailed written contracts that include certain
specified provisions.
The bill would make changes to the provisions required to be
included in those contracts.
(3) Existing law provides for the licensure and regulation of
contractors, and prescribes certain licensure fees, including
delinquency fees, in this regard.
This bill would delete a $25 cap on delinquency licensure fees,
which would have the effect of raising revenue flowing into the
Contractors' License Fund, a continuously appropriated fund. Thus,
this bill would make an appropriation.
This bill would also make a technical change in the provisions
governing payments to contractors for the construction of private
works of improvement, and would make changes to requirements
applicable to home improvement contracts and legal actions brought
for violations thereof.
(4) Existing law requires the Contractors' State License Board to
semiannually compile and distribute to city, county, and city and
county building departments a list of all contractors who did not
secure payment of workers' compensation for workers employed during
the preceding 6 months.
This bill would make that requirement contingent upon the request
of city, county, and city and county building departments.
(5) Existing law requires contractors, at the time of receiving
any required city or county permit to construct, alter, improve,
demolish, or repair any building or structure, to show their valid
workers' compensation insurance certificate.
This bill would provide that, in the alternative, the city or
county may verify the workers' compensation coverage of contractors
by electronic means.
(6) Existing law provides, until January 1, 2000, for the
Structural Fumigation Enforcement Program.
This bill would extend the duration of that program until July 1,
2003, and would make other specified changes to the program.
(7) 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 also
includes defendant guarantors who are required to respond based upon
the default, actions, or omissions of another, if the demand does not
exceed $2,500, or $4,000, if the action is filed on or after January
1, 2000, and the defendant guarantor charges a fee for its guarantor
or surety services.
This bill would make that $4,000 limit applicable if the action is
filed on or after January 1, 2000, and the dependant guarantor
charges a fee for its guarantor or surety services or the defendant
guarantor is the Registrar of the Contractors' State License Board.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5510 of the Business and Professions Code is
amended to read:
5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
This section shall become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2005, deletes or extends
the dates on which it becomes inoperative and is repealed. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 1.5. Section 5536.1 of the Business and Professions Code is
amended to read:
5536.1. (a) All persons preparing or being in responsible control
of plans, specifications, and instruments of service for others
shall sign those plans, specifications, and instruments of service
and all contracts therefor, and if licensed under this chapter shall
affix a stamp, which complies with subdivision (b), to those plans,
specifications, and instruments of service, as evidence of the person'
s responsibility for those documents. Failure of any person to
comply with this subdivision is a misdemeanor punishable as provided
in Section 5536. This section shall not apply to employees of
persons licensed under this chapter while acting within the course of
their employment.
(b) For the purposes of this chapter, any stamp used by any
architect licensed under this chapter shall be of a design authorized
by the board which shall at a minimum bear the licensee's name, his
or her license number, the legend "licensed architect" and the legend
"State of California," and which shall provide a means of indicating
the renewal date of the license.
(c) The preparation of plans, specifications, or instruments of
service for any building, except the buildings described in Section
5537, by any person who is not licensed to practice architecture in
this state, is a misdemeanor punishable as provided in Section 5536.
(d) The board may adopt regulations necessary for the
implementation of this section.
SEC. 2. Section 5536.25 of the Business and Professions Code is
amended to read:
5536.25. (a) A licensed architect who signs and stamps plans,
specifications, reports, or documents shall not be responsible for
damage caused by subsequent changes to or uses of those plans,
specifications, reports, or documents, where the subsequent changes
or uses, including changes or uses made by state or local
governmental agencies, are not authorized or approved in writing by
the licensed architect who originally signed the plans,
specifications, reports, or documents, provided that the written
authorization or approval was not unreasonably withheld by the
architect and the architectural service rendered by the architect who
signed and stamped the plans, specifications, reports, or documents
was not also a proximate cause of the damage.
(b) The signing and stamping of plans, specifications, reports, or
documents which relate to the design of fixed works shall not impose
a legal duty or responsibility upon the person signing the plans,
specifications, reports, or documents to observe the construction of
the fixed works which are the subject of the plans, specifications,
reports, or documents. However, this section shall not preclude an
architect and a client from entering into a contractual agreement
which includes a mutually acceptable arrangement for the provision of
construction observation services. This subdivision shall not
modify the liability of an architect who undertakes, contractually or
otherwise, the provision of construction observation services for
rendering those services.
(c) "Construction observation services" means periodic observation
of completed work to determine general compliance with the plans,
specifications, reports, or other contract documents. However,
"construction observation services" does not mean the superintendence
of construction processes, site conditions, operations, equipment,
or personnel, or the maintenance of a safe place to work or any
safety in, on, or about the site.
For purposes of this subdivision, "periodic observation" means
visits by an architect, or his or her agent, to the site of a work of
improvement.
SEC. 3. Section 5582.1 of the Business and Professions Code is
amended to read:
5582.1. (a) The fact that the holder of a license has affixed his
or her signature to plans, drawings, specifications, or other
instruments of service which have not been prepared by him or her, or
under his or her responsible control, constitutes a ground for
disciplinary action.
(b) The fact that the holder of a license has permitted his or her
name to be used for the purpose of assisting any person to evade the
provisions of this chapter constitutes a ground for disciplinary
action.
SEC. 3.5. Section 5616 of the Business and Professions Code is
amended to read:
5616. Any landscape architect who agrees to provide professional
services pursuant to this chapter shall provide every client with a
detailed written contract. That written contract shall include, but
not be limited to, all of the following:
(a) A description of services to be provided by the landscape
architect to the client.
(b) A description of any basis of compensation applicable to the
contract, including the total price that is required to complete the
contract, and the method of payment agreed upon by both parties.
(c) A notice that reads:
"Landscape architects are licensed by the State of California."
(d) The name, address, and license number of the landscape
architect and the name and address of the client.
(e) A description of the procedure that the landscape architect
and client will use to accommodate additional services.
SEC. 3.7. Section 7137 of the Business and Professions Code is
amended to read:
7137. The amount of the fees prescribed by this chapter shall be
fixed by the board according to the following schedule:
(a) The application fee for an original license in a single
classification shall be two hundred fifty dollars ($250).
The application fee for each additional classification applied for
in connection with an original license shall be fifty dollars ($50).
The application fee for each additional classification pursuant to
Section 7059 shall be fifty dollars ($50).
The application fee to replace a responsible managing officer or
employee pursuant to Section 7068.2 shall be fifty dollars ($50).
(b) The fee for rescheduling an examination for an applicant who
has applied for an original license, additional classification, a
change of responsible managing officer or responsible managing
employee, or for an asbestos certification or hazardous substance
removal certification, shall be fifty dollars ($50).
(c) The initial license fee for an active or inactive license
shall be one hundred fifty dollars ($150).
(d) The renewal fee for an active license shall be three hundred
dollars ($300).
The renewal fee for an inactive license shall be one hundred fifty
dollars ($150).
(e) The delinquency fee is an amount equal to 50 percent of the
renewal fee, if the license is renewed more than 30 days after its
expiration.
(f) The registration fee for a home improvement salesperson shall
be fifty dollars ($50).
(g) The renewal fee for a home improvement salesperson
registration shall be seventy-five dollars ($75).
(h) The application fee for an asbestos certification examination
shall be fifty dollars ($50).
(i) The application fee for a hazardous substance removal or
remedial action certification examination shall be fifty dollars
($50).
SEC. 3.9. Section 7141 of the Business and Professions Code is
amended to read:
7141. Except as otherwise provided in this chapter, a license may
be renewed at any time within three years after its expiration on
filing of application for renewal on a form prescribed by the
registrar, and payment of the appropriate renewal fee. If the
license is renewed after the expiration date, the licensee shall also
pay the delinquency fee prescribed by this chapter. Renewal under
this section shall be effective on the date on which an acceptable
renewal application is filed and the delinquency fee is paid pursuant
to Section 7137 and the licensee shall be considered as unlicensed
during the time between the expiration date and the date the renewal
becomes effective. If so renewed, the license shall continue in
effect through the date provided in Section 7140 which next occurs
after the effective date of the renewal, when it shall expire if it
is not again renewed.
If a license is not renewed within three years, the licensee shall
make application for a license pursuant to Section 7066.
SEC. 4. Section 7159 of the Business and Professions Code is
amended to read:
7159. This section applies only to home improvement contracts, as
defined in Section 7151.2, between a contractor, whether a general
contractor or a specialty contractor, who is licensed or subject to
be licensed pursuant to this chapter with regard to the transaction
and who contracts with an owner or tenant for work upon a residential
building or structure, or upon land adjacent thereto, for proposed
repairing, remodeling, altering, converting, modernizing, or adding
to the residential building or structure or land adjacent thereto,
and where the aggregate contract price specified in one or more
improvement contracts, including all labor, services, and materials
to be furnished by the contractor, exceeds five hundred dollars
($500).
Every home improvement contract and every contract, the primary
purpose of which is the construction of a swimming pool, is subject
to this section. Every contract and any changes in the contract
subject to this section shall be evidenced by a writing and shall be
signed by all the parties to the contract. The writing shall contain
all of the following:
(a) The name, address, and license number of the contractor, and
the name and registration number of any salesperson who solicited or
negotiated the contract.
(b) The approximate dates when the work will begin and on which
all construction is to be completed.
(c) A plan and scale drawing showing the shape, size, dimensions,
and construction and equipment specifications for a swimming pool and
for other home improvements, a description of the work to be done
and description of the materials to be used and the equipment to be
used or installed, and the agreed consideration for the work.
(d) If the payment schedule contained in the contract provides for
a downpayment to be paid to the contractor by the owner or the
tenant before the commencement of work, the downpayment may not
exceed two hundred dollars ($200) or 2 percent of the contract price
for swimming pools, or one thousand dollars ($1,000) or 10 percent of
the contract price for other home improvements, excluding finance
charges, whichever is less.
(e) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. In no event may the payment schedule
provide for the contractor to receive, nor may the contractor
actually receive, payments in excess of 100 percent of the value of
the work performed on the project at any time, excluding finance
charges, except that the contractor may receive an initial
downpayment authorized by subdivision (d). With respect to a
swimming pool contract, the final payment may be made at the
completion of the final plastering phase of construction, provided
that any installation or construction of equipment, decking, or
fencing required by the contract is also completed. A failure by the
contractor without lawful excuse to substantially commence work
within 20 days of the approximate date specified in the contract when
work will begin shall postpone the next succeeding payment to the
contractor for that period of time equivalent to the time between
when substantial commencement was to have occurred and when it did
occur. The schedule of payments shall be stated in dollars and
cents, and shall be specifically referenced to the amount of work or
services to be performed and to any materials and equipment to be
supplied. With respect to a contract that provides for a schedule of
monthly payments to be made by the owner or tenant and for a
schedule of payments to be disbursed to the contractor by a person or
entity to whom the contractor intends to assign the right to receive
the owner's or tenant's monthly payments, the payments referred to
in this subdivision mean the payments to be disbursed by the assignee
and not those payments to be made by the owner or tenant.
(f) A statement that, upon satisfactory payment being made for any
portion of the work performed, the contractor shall, prior to any
further payment being made, furnish to the person contracting for the
home improvement or swimming pool a full and unconditional release
from any claim or mechanic's lien pursuant to Section 3114 of the
Civil Code for that portion of the work for which payment has been
made.
(g) The requirements set forth in subdivisions (d), (e), and (f)
do not apply when the contract provides for the contractor to furnish
a performance and payment bond, lien and completion bond, bond
equivalent, or joint control approved by the registrar covering full
performance and completion of the contract and the bonds or joint
control is or are furnished by the contractor, or when the parties
agree for full payment to be made upon or for a schedule of payments
to commence after satisfactory completion of the project. The
contract shall contain, in close proximity to the signatures of the
owner and contractor, a notice in at least 10-point type stating that
the owner or tenant has the right to require the contractor to have
a performance and payment bond.
(h) No extra or change-order work may be required to be performed
without prior written authorization of the person contracting for the
construction of the home improvement or swimming pool. No
change-order is enforceable against the person contracting for home
improvement work or swimming pool construction unless it clearly sets
forth the scope of work encompassed by the change-order and the
price to be charged for the changes. Any change-order forms for
changes or extra work shall be incorporated in, and become a part of,
the contract. Failure to comply with the requirements of this
subdivision does not preclude the recovery of compensation for work
performed based upon quasi-contract, quantum meruit, restitution, or
other similar legal or equitable remedies designed to prevent unjust
enrichment.
(i) If the contract provides for a payment of a salesperson's
commission out of the contract price, that payment shall be made on a
pro rata basis in proportion to the schedule of payments made to the
contractor by the disbursing party in accordance with subdivision
(e).
(j) The language of the notice required pursuant to Section
7018.5.
(k) What constitutes substantial commencement of work pursuant to
the contract.
(l) A notice that failure by the contractor without lawful excuse
to substantially commence work within 20 days from the approximate
date specified in the contract when work will begin is a violation of
the Contractors' State License Law.
(m) If the contract provides for a contractor to furnish joint
control, the contractor shall not have any financial or other
interest in the joint control.
A failure by the contractor without lawful excuse to substantially
commence work within 20 days from the approximate date specified in
the contract when work will begin is a violation of this section.
This section does not prohibit the parties to a home improvement
contract from agreeing to a contract or account subject to Chapter 1
(commencing with Section 1801) of Title 2 of Part 4 of Division 3 of
the Civil Code.
The writing may also contain other matters agreed to by the
parties to the contract.
The writing shall be legible and shall be in a form that clearly
describes any other document that is to be incorporated into the
contract. Before any work is done, the owner shall be furnished a
copy of the written agreement, signed by the contractor.
For purposes of this section, the board shall, by regulation,
determine what constitutes "without lawful excuse."
The provisions of this section are not exclusive and do not
relieve the contractor or any contract subject to it from compliance
with all other applicable provisions of law.
A violation of this section by a licensee, or a person subject to
be licensed, under this chapter, or by his or her agent or
salesperson, is a misdemeanor punishable by a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars
($5,000), or by imprisonment in the county jail not exceeding one
year, or by both that fine and imprisonment.
(n) Any person who violates this section as part of a plan or
scheme to defraud an owner of a residential or nonresidential
structure, including a mobilehome or manufactured home, in connection
with the offer or performance of repairs to the structure for damage
caused by a natural disaster, shall be ordered by the court to make
full restitution to the victim based on the person's ability to pay,
as defined in subdivision (e) of Section 1203.1b of the Penal Code.
In addition to full restitution, and imprisonment authorized by this
section, the court may impose a fine of not less than five hundred
dollars ($500) nor more than twenty-five thousand dollars ($25,000),
based upon the defendant's ability to pay. This subdivision applies
to natural disasters for which a state of emergency is proclaimed by
the Governor pursuant to Section 8625 of the Government Code or for
which an emergency or major disaster is declared by the President of
the United States.
(o) (1) An indictment or information against a person who is not
licensed, but who is required to be licensed under this chapter,
shall be brought, or a criminal complaint filed, for a violation of
this section within four years from the date the buyer signs the
contract.
(2) An indictment or information against a person who is licensed
under this chapter shall be brought, or a criminal complaint filed,
for a violation of this section within one year from the date the
buyer signs the contract.
(3) The limitations on actions in this subdivision shall not apply
to any administrative action filed against a licensed contractor.
SEC. 4.1. Section 8698 of the Business and Professions Code is
amended to read:
8698. The director of the Department of Pesticide Regulation
shall be designated by the board as its agent for the purposes of
carrying out Section 8698.1. The Los Angeles County Agricultural
Commissioner or the Orange County Agricultural Commissioner, or both,
may contract with the director to perform increased structural
fumigation, inspection, training, and enforcement activities. These
activities shall be funded by the moneys collected pursuant to this
chapter.
SEC. 4.2. Section 8698.1 of the Business and Professions Code is
amended to read:
8698.1. (a) If the county has contracted pursuant to Section
8698, any person who performs a structural fumigation in Los Angeles
County or Orange County shall pay to the county agricultural
commissioner a fee of five dollars ($5) for each treatment conducted
at a specific building or structure.
(b) The fees shall be submitted by the 10th day of the month
following the month in which the treatment was performed. The fees
shall be accompanied by a copy of a monthly pesticide use report
showing the addresses, including the department number if applicable,
of all structural fumigations. The report shall be in a form
required by the director, identify the name and address of the person
or company performing the fumigation, and include any other
information requested by the director.
SEC. 4.3. Section 8698.5 of the Business and Professions Code is
amended to read:
8698.5. Any funds collected pursuant to this chapter shall be
paid to the county and used for the sole purposes of funding
enforcement and training activities directly related to the
structural fumigation project created pursuant to Section 8698.
SEC. 4.4. Section 8698.6 of the Business and Professions Code is
amended to read:
8698.6. This chapter shall remain in effect only until July 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is chaptered before July 1, 2003, deletes or extends
that date.
SEC. 5. Section 3260.1 of the Civil Code is amended to read:
3260.1. (a) This section is applicable with respect to all
contracts entered into on or after January 1, 1992, relating to the
construction of any private work of improvement.
(b) Except as otherwise agreed in writing, the owner shall pay to
the contractor, within 30 days following receipt of a demand for
payment in accordance with the contract, any progress payment due
thereunder as to which there is no good faith dispute between the
parties. In the event of a dispute between the owner and the
contractor, the owner may withhold from the progress payment an
amount not to exceed 150 percent of the disputed amount. If any
amount is wrongfully withheld in violation of this subdivision, the
contractor shall be entitled to the penalty specified in subdivision
(g) of Section 3260.
(c) Nothing in this section shall be deemed to supersede any
requirement of Section 3260 respecting the withholding of retention
proceeds.
SEC. 6. Section 116.220 of the Code of Civil Procedure is amended
to read:
116.220. (a) The small claims court shall have jurisdiction in
the following actions:
(1) Except as provided in subdivisions (c), (e), and (f), for
recovery of money, if the amount of the demand does not exceed five
thousand dollars ($5,000).
(2) Except as provided in subdivisions (c), (e), and (f), to
enforce payment of delinquent unsecured personal property taxes in an
amount not to exceed five thousand dollars ($5,000), if the legality
of the tax is not contested by the defendant.
(3) To issue the writ of possession authorized by Sections 1861.5
and 1861.10 of the Civil Code if the amount of the demand does not
exceed five thousand dollars ($5,000).
(4) To confirm, correct, or vacate a fee arbitration award not
exceeding five thousand dollars ($5,000) between an attorney and
client that is binding or has become binding, or to conduct a hearing
de novo between an attorney and client after nonbinding arbitration
of a fee dispute involving no more than five thousand dollars
($5,000) in controversy, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code.
(b) In any action seeking relief authorized by subdivision (a),
the court may grant equitable relief in the form of rescission,
restitution, reformation, and specific performance, in lieu of, or in
addition to, money damages. The court may issue a conditional
judgment. The court shall retain jurisdiction until full payment and
performance of any judgment or order.
(c) Notwithstanding subdivision (a), the small claims court shall
have jurisdiction over a defendant guarantor who is required to
respond based upon the default, actions, or omissions of another,
only if the demand does not exceed (1) two thousand five hundred
dollars ($2,500), or (2) on and after January 1, 2000, four thousand
dollars ($4,000), if the defendant guarantor charges a fee for its
guarantor or surety services or the defendant guarantor is the
Registrar of the Contractors' State License Board.
(d) In any case in which the lack of jurisdiction is due solely to
an excess in the amount of the demand, the excess may be waived, but
any waiver shall not become operative until judgment.
(e) Notwithstanding subdivision (a), in any action filed by a
plaintiff incarcerated in a Department of Corrections facility or a
Youth Authority facility, the small claims court shall have
jurisdiction over a defendant only if the plaintiff has alleged in
the complaint that he or she has exhausted his or her administrative
remedies against that department, including compliance with Sections
905.2 and 905.4 of the Government Code. The final administrative
adjudication or determination of the plaintiff's administrative claim
by the department may be attached to the complaint at the time of
filing in lieu of that allegation.
(f) In any action governed by subdivision (e), if the plaintiff
fails to provide proof of compliance with the requirements of
subdivision (e) at the time of trial, the judicial officer shall, at
his or her discretion, either dismiss the action or continue the
action to give the plaintiff an opportunity to provide such proof.
(g) For purposes of this section, "department" includes an
employee of a department against whom a claim has been filed under
this chapter arising out of his or her duties as an employee of that
department.
SEC. 7. Section 19825 of the Health and Safety Code is amended to
read:
19825. (a) Every city or county that requires the issuance of a
permit as a condition precedent to the construction, alteration,
improvement, demolition, or repair of any building or structure
shall, in addition to any other requirements, require the following
declarations in substantially the following form upon the issuance of
any building permit:
BUILDING PROJECT IDENTIFICATION
Applicant's Mailing Address ________________________
________________________
Address of Building ________________________
________________________
Owner's Name if Known ________________________
Telephone No. ________________________
Contractor's Name ________________________
Contractor's Mailing Address ________________________
________________________
Lic. No. _______________
Architect or Engineer ________________________
Architect's or Engineer's Address ________________________
________________________
Lic. No. _______________
In addition the city or county may require that there be
included, in the building project identification portion of
a building permit, the following:
Assessor's Parcel Number* ________________________
Permit Date ________________________
Permit Number ________________________
Description of Work ________________________
Building Permit Valuation ________________________
*To be entered by issuing agency.
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed
under provisions of Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code, and my
license is in full force and effect.
License Class ___________________ Lic. No. __________________
Date ____________________________ Contractor ________________
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt
from the Contractors' State License Law for the
following reason (Sec. 7031.5, Business and Professions
Code: Any city or county that requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for the
permit to file a signed statement that he or she is licensed
pursuant to the provisions of the Contractors'
State License Law (Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code) or that
he or she is exempt therefrom and the basis for the alleged
exemption. Any violation of Section 7031.5 by any applicant
for a permit subjects the applicant to a civil penalty of not
more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees with wages
as their sole compensation, will do the work, and the structure
is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractors' State License
Law does not apply to an owner of property who builds or
improves thereon, and who does the work himself or herself or
through his or her own employees, provided that the
improvements
are not intended or offered for sale. If, however, the
building or improvement is sold within one year of completion,
the owner-builder will have the burden of proving that he or
she did not build or improve for the purpose of sale.).
(_) I, as owner of the property, am exclusively contracting
with licensed contractors to construct the project (Sec. 7044,
Business and Professions Code: The Contractors'
State License Law does not apply to an owner of property who
builds or improves thereon, and who contracts for the projects
with a contractor(s) licensed pursuant to the
Contractors' State License Law.).
(_) I am exempt under Sec. ____, B.& P.C. for this reason
________________________________________________________
Date ___________________ Owner _____________________________
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following
declarations:
___ I have and will maintain a certificate of consent to self-insure
for workers' compensation, as provided for by Section 3700
of the Labor Code, for the performance of the work for which
this
permit is issued.
___ I have and will maintain workers' compensation insurance,
as required by Section 3700 of the Labor Code, for the
performance of the work for which this permit is issued. My
workers' compensation insurance carrier and policy number are:
Carrier
_____________________________________________________
Policy Number
_____________________________________________________
(This section need not be completed if the permit is for one
hundred dollars ($100) or less).
___ I certify that, in the performance of the work for which this
permit
is issued, I shall not employ any person in any manner so as to
become subject to the workers' compensation laws of California,
and
agree that, if I should become subject to the workers'
compensation
provisions of Section 3700 of the Labor Code, I shall forthwith
comply with those provisions.
Date: __________ Applicant:
____________________________________________
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL,
AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES
UP
TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST
OF
COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR
CODE,
INTEREST, AND ATTORNEY'S FEES.
CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a
construction lending agency for the performance of the work
for which this permit is issued (Sec. 3097, Civ. C.).
Lender's Name
__________________________________________________
Lender's Address
__________________________________________________
I certify that I have read this application and state that
the above information is correct. I agree to comply with all
city and
county ordinances and state laws relating to building
construction, and
hereby authorize representatives of this county to enter upon
the
above-mentioned property for inspection purposes.
_____________________________________
__________________________
Signature of Applicant or Agent Date
(b) The Contractors' State License Board shall provide
semiannually, upon the request of city, county, and city and county
building departments, a list of all contractors that did not secure
payment of compensation in accordance with Article 1 (commencing with
Section 3700) of Chapter 4 of Part 1 of Division 4 of the Labor Code
during any period for which workers were employed during the
preceeding six months.
SEC. 8. Section 3800 of the Labor Code is amended to read:
3800. (a) Every county or city which requires the issuance of a
permit as a condition precedent to the construction, alteration,
improvement, demolition, or repair of any building or structure shall
require that each applicant for the permit sign a declaration under
penalty of perjury verifying workers' compensation coverage or
exemption from coverage, as required by Section 19825 of the Health
and Safety Code.
(b) At the time of permit issuance, contractors shall show their
valid workers' compensation insurance certificate, or the city or
county may verify the workers' compensation coverage by electronic
means.