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s 832.54. Class C-54 -Tile Contractors (Ceramic and Mosaic).
A ceramic and mosaic tile contractor prepares surfaces as necessary and installs glazed wall, ceramic, mosaic, quarry, paver, faience, glass mosaic and stone tiles; thin tile that resembles full brick, natural or simulated stone slabs for bathtubs, showers and horizontal surfaces inside of buildings, or any tile units set in the traditional or innovative tile methods, excluding hollow or structural partition tile.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7058 and 7059, Business and Professions Code.
s 832.55. Class C-55 -Water Conditioning Contractor.
A water conditioning contractor installs water conditioning equipment with the use of only such pipe and fittings as are necessary to connect the water conditioning equipment to the water supply system and to by-pass all those parts of the water supply system within the premises from which conditioned water is to be excluded.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7058 and 7059, Business and Professions Code.
s 832.57. Class C-57 -Well Drilling Contractor.
A well drilling contractor installs and repairs water wells and pumps by boring, drilling, excavating, casing, cementing and cleaning to provide a supply of uncontaminated water.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7026.3, 7058 and 7059, Business and Professions Code.
s 832.60. Class C-60 -Welding Contractor.
A welding contractor causes metals to become permanently attached, joined and fabricated by the use of gases and electrical energy, which creates temperatures of sufficient heat to perform this work.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7058 and 7059, Business and Professions Code.
s 832.61. Classification C-61 -Limited Specialty.
(a) Limited specialty is a specialty contractor classification limited to a field and scope of operations of specialty contracting for which an applicant is qualified other than any of the specialty contractor classifications listed and defined in this article.
(b) An applicant classified and licensed in the classification Limited Specialty shall confine activities as a contractor to that field or fields and scope of operations set forth in the application and accepted by the Registrar or to that permitted by Section 831.
(c) Upon issuance of a C-61 license, the Registrar shall endorse upon the face of the original license certificate the field and scope of operations in which the licensee has demonstrated qualifications.
(d) A specialty contractor, other than a C-61 contractor, may perform work within the field and scope of the operations of Classification C-61, provided the work is consistent with established usage and procedure in the construction industry and is related to the specialty contractor's classification.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7058 and 7059, Business and Professions Code.
s 832.62. Solar System Work Within Scope of Class A, Class B, and Class C-61 (Swimming Pool Maintenance).
(a) The phrase "in connection with fixed works requiring specialized engineering knowledge and skill" in Section 7056 of the Business and Professions Code shall include but not be limited to an active solar energy system.
(b) An active solar energy system constitutes use of more than two unrelated building trades or crafts within the meaning of Section 7057 of the Business and Professions Code.
(c) C-61 (Swimming Pool Maintenance Contractors) currently holding the SC-44 supplemental solar classification may continue to perform solar work authorized by Class SC-44 until one year after the implementation of the C-46 Solar Classification. Thereafter, classification C-61 (Swimming Pool Maintenance) is authorized to repair active solar heating systems for swimming pools.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7056, 7057 and 7058, Business and Professions Code.
s 833. Additional Classifications.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7059, Business and Professions Code.
s 834. Limitation of Classification.
(a) A licensee classified as a general engineering contractor shall operate only within those areas defined in Section 7056 of the Code.
(b) A licensee classified as a general building contractor, as defined in Section 7057 of the Code, shall take a prime contract or subcontract only as authorized by Section 7057.
(c) A licensee classified as a specialty contractor, as defined in Section 7058 of the Code, shall not act in the capacity of a contractor in any classification other than one in which he/she is classified except on work incidental or supplemental to the performance of a contract in a classification in which any contractor is licensed by the Board.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7056, 7057, 7058 and 7059, Business and Professions Code.
s 840. Written Examinations Required of All Applicants.
Except as provided in Section 7065.1 of the Code, an applicant, including an applicant for an additional classification or classifications, must pass the written examination prescribed by the Registrar. No oral examination shall be given to any applicant. The reading of the examination instructions or questions or the explanation of the wording or intent of any of the questions to an examinee by any Board personnel authorized to conduct examinations, or by any duly sworn translators, shall not be considered an oral examination.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7065 and 7068, Business and Professions Code.
s 841. Elimination and Revision of Examination Questions.
The Registrar shall, under the Board's direction, prepare and revise the written examinations for contractors' licenses.
The Registrar shall replace, eliminate or change any examination question or answer thereto brought to his/her attention if, in the Registrar's opinion, the question is misleading or unfair, or the approved answer is incorrect.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7011, 7065, 7065.05 and 7068, Business and Professions Code.
s 842. Applicants May Be Re-Examined.
In accordance with and subject to Section 7074 of the Business and Professions Code, an applicant or examinee for the applicant for an original license, for an additional classification, or for a change of qualifier who does not pass or who fails to appear for a required examination may be re-examined twice in the part(s) failed, upon filing the required request for rescheduling and the rescheduling fee within 90 days of notification of failure or failure to appear for a scheduled examination.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7065, 7074 and 7137, Business and Professions Code.
s 843. Waiver of Examination.
Note: Authority cited: Sections 7008, 7065, 7065.1 and 7068, Business and Professions Code. Reference: Section 7065.1, Business and Professions Code.
s 844. Failure to Appear for Examination.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7074 and 7137, Business and Professions Code.
s 852. Renewal of Licenses.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 152.6, 7140 and 7141, Business and Professions Code.
s 853. Renewal Application Form.
(a) The Registrar shall mail to each licensee, prior to the expiration of the license, a renewal form with complete instructions for renewal of the license.
(b) A renewal application is delinquent if not postmarked by the expiration date.
(c) An incomplete renewal application shall be returned to the licensee by the Registrar with an explanation of the reasons for its rejection. If the renewal application is not returned before the expiration date of the license, the license shall expire as provided in Section 7140 of the Code.
(d) An expired license shall not be renewed until any accrued delinquency fee has been paid.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7140, Business and Professions Code.
s 854. Renewal Fee and Reactivation Credit.
A $100 credit will be applied to active license renewals and license reactivations within the renewal period of July 1, 1997 through June 30, 1999.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7076.5, 7137 and 7138.1, Business and Professions Code.
s 856. Security in Lieu of Bond.
(a) A certificate of deposit, submitted pursuant to Section 7071.12(a) of the code, shall:
(1) When filed in lieu of a contractor's bond
(A) by an applicant, show the name style as set out on page one of the application.
(B) by a licensee, show the name style as currently recorded in the official files of the Board.
(2) When filed in lieu of a bond of qualifying individual, show the name style as in (1) above and the name of the responsible managing individual.
(3) Be made payable to the Contractors State License Board. The word "trustee" shall not be included.
(4) Be issued for a period of not less than one year.
(5) Be automatically renewable at each maturity date.
(6) Provide that any interest earned shall be paid to the depositor.
(b) Assignment of a savings and loan association investment certificate or share account, or of a credit union certificate for funds or share account shall be upon a form prescribed and approved by the Registrar.
(1) The form shall show:
(A) The assignment of the account to the board.
(B) The name style as prescribed in subsection (a) above.
(C) The current address of the applicant or licensee.
(D) The name and address of the savings and loan association or credit union having custody of such funds.
(E) A declaration signed by an officer of the savings and loan association or the credit union that it received written notice of the assignment. This declaration shall include the title of the officer signing it.
(F) A receipt for the assignment from the Board with direction to the savings and loan association or the credit union that the earnings on the assigned account or certificate shall be paid to the assignor.
(2) The assignment form shall be accompanied by the savings and loan association pass book or investment certificate, the credit union certificate for funds or share account pass book of the assignor which shall show the name of the depositor-investor, that of the licensee or applicant, and the responsible managing individual, if applicable, and the amount of the assignment required by law.
(c) Eligible bearer bonds submitted pursuant to Section 7071.12(c) of the code shall be delivered to a bank in Sacramento, California, which shall act as agent for the applicant, licensee or responsible managing employee. The bank shall deliver the bonds to the Treasurer of the State of California only on order of the Registrar or an employee designated by the Registrar.
(1) The Registrar shall prescribe and approve the forms for the deposit or withdrawal of bearer bonds.
(2) Interest coupons shall remain attached to bearer bonds deposited with the Treasurer until such bonds are permanently withdrawn from the depository, not be resubmitted for deposit.
(3) In order to insure that sufficient security is on deposit, the bid price of bearer bonds, as recorded in the bond securities listed on the Pacific Coast Stock Exchange or some other authoritative source on the first day of the month in which such bonds are submitted for deposit, shall be at least 25% in excess of the amount of the surety bond or cash deposit required to be submitted.
The Registrar shall prescribe such procedures and forms, and issue such orders as necessary to accept and process any cash deposit submitted pursuant to Section 7071.12(d) of the code. Personal checks shall not be accepted as cash.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7071.5, 7071.6, 7071.8, 7071.9, 7071.10 and 7071.12, Business and Professions Code.
s 860. Penalty for Failure to Comply with Rules.
Licensees and applicants for licenses shall comply with all rules and regulations of the Board and regulations issued by the Registrar. Violation of such rules and regulations shall constitute grounds for disciplinary action, or for the denial of a license.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7008, Business and Professions Code.
s 861. License Number Required in Advertising.
As used in Section 7030.5 of the Code, the term advertising includes but is not limited to the following: any card, contract proposal, sign, billboard, lettering on vehicles, registered in this or any other state, brochure, pamphlet, circular, newspaper, magazine, airwave transmission and any form of directory under any listing denoting "Contractor" or any word or words of a similar import or meaning requesting any work for which a license is required by the Contractors License Law.
Upon a showing of good cause, the Registrar may grant an exemption to a licensee engaged in interstate contracting from the requirement that the licensee's license number be included in any advertising lettering on a vehicle registered in this or any other state. A request for an exemption shall be submitted on a form prescribed by the Registrar.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7030.5, Business and Professions Code.
s 861.5. Definition of "Structural Defect".
For the purposes of subdivision (b) of Section 7091 of the Code, "structural defect" is defined as meaning:
(1) A failure or condition that would probably result in a failure in the load bearing protions of a structure,
(2) which portions of the structure are not constructed in compliance with the codes in effect at the time for the location of the structure, provided that,
(3) such failure or condition results in the inability to reasonably use the affected portion of the structure for the purpose for which it was intended.
Note: Authority cited: Sections 7008 and 7091, Business and Professions Code. Reference: Section 7091, Business and Professions Code.
s 862. Notice to Owner.
Note: Authority cited: Sections 7008 and 7018.5, Business and Professions Code. Reference: Sections 7018.5 and 7159, Business and Professions Code.
s 863. Public Access to Information.
The Registrar shall establish a system whereby members of the public may obtain from board records information regarding complaints made against licensed contractors, their history of legal actions taken by the board, and license status, as hereafter specified. For purposes of this section, "complaint" means a written allegation which has been investigated and has been referred for legal action against the licensee. For purposes of this section, "legal action" means referral of the complaint for the issuance of a citation, accusation, statement of issues, or for the initiation of criminal action or injunctive proceedings.
(a) The Registrar shall maintain records showing the complaints received against licensees and, with respect to such complaints, shall make available to members of the public, upon request, the following information:
(1) The nature of all complaints on file against a licensee which have been investigated by a Deputy Registrar and referred for legal action against the licensee by the District Office. Information regarding complaints which are in the process of being screened, mediated, arbitrated or investigated shall not be disclosed.
(2) Such general cautionary statements as may be considered appropriate regarding the usefulness of complaint information to individual consumers in their selection of a contractor.
(3) Whenever complaint information is requested, the information disclosable under subsections (c) and (d) below shall also be released.
(b) If a complaint results in a legal action and is subsequently determined by the registrar, the Office of the Attorney General or a court of competent jurisdiction not to have merit, it shall be deleted from the complaint disclosure system.
(c) The Registrar shall maintain records showing a history of any legal actions taken by the board against all current license holders and shall make available to members of the public, upon request, all the following information:
(1) Whether any current license holder has ever been disciplined by the registrar and, if so, when and for what offense; and
(2) Whether any current licensee has ever been cited, and, if so, when and for what offense, and, whether such citation is on appeal or has been complied with;
(3) Whether any current license holder is named as a respondent in any currently pending disciplinary or legal action.
(d) The Registrar shall maintain records showing certain licensing and bonding information for all current license holders and shall make available to members of the public, upon request, all the following information regarding current license holders:
(1) The name of the licensee as it appears in the board's records; and
(2) The license number; and
(3) The classification(s) held; and
(4) The address of record; and
(5) The personnel of the licensee; and
(6) The date of original licensure; and
(7) Whether a bond or cash deposit is maintained and, if so, its amount; and
(8) If the licensee maintains a bond, the name and address of the bonding company and the bond's identification number, if any.
(e) Limitation of access to information. Further, the Registrar may set reasonable limits upon the number of requests for information responded per month from any one requestor.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7124.5 and 7124.6, Business and Professions Code.
s 864. Continuance of License Under Section 7068.2.
When a notice of disassociation of the responsible managing officer or responsible managing employee is given within the time and in the manner prescribed by Section 7068.2 of the code, the license shall remain in force for a period of 90 days from the date of such disassociation.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7068.2, Business and Professions Code.
s 865. Continuance of License Under Section 7076.
(a) An application for the continuation of a business under an existing license may be submitted to the Registrar within 90 days of:
(1) the death of a person licensed as an individual,
(2) the death or the disassociation of a partner of a licensed partnership, or
(3) the death of an individual member or the disassociation of any entity of a licensed joint venture. If the application is approved by the Registrar, the license shall remain in force for a period of up to one year from the date of death or disassociation.
(b) The Registrar may approve an extension to the one-year provision outlined in subsection (a) if additional time is necessary to complete projects contracted for or commenced before the disassociation or death.
(c) A license so extended is subject to all the provisions of the Contractors License Law including those relating to renewal and bond requirements.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7076, Business and Professions Code.
s 866. Procedure to Inactivate License.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7076.5, Business and Professions Code.
s 867. Procedure to Reactivate an Inactive License.
(a) A reactivation of an inactive license shall be effective on the date on which an acceptable form is received by the Registrar, on the date on which the full renewal fee provided for in Section 7137(d) of the code is paid, or on the date, if any, requested by the licensee, whichever last occurs.
(b) When an inactive license is reactivated, the Registrar shall issue to the licensee an active pocket license.
(c) The name, address, license number and classification of the reactivated licensee shall be posted publicly as prescribed by the Registrar.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Section 7076.5, Business and Professions Code.
s 868. Criteria to Aid in Determining if Crimes or Acts Are Substantially Related to Contracting Business.
For the purposes of denial, suspension, or revocation of a license pursuant to Division 1.5 (commencing with Section 475) of the code, a crime or act, as defined in Section 480 of the code, shall be considered to be substantially related to the qualifications, functions, or duties of a licensee (under Division 3, Chapter 9 of the code) if it evidences present or potential unfitness of an applicant or licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, and welfare. The crimes or acts shall include, but not be limited to, the following:
(a) Any violation of the provisions of Chapter 9 of Division 3 of the code.
(b) Failure to comply with the provisions of the California Administrative Code, Chapter 8, Title 16.
(c) Crimes or acts involving dishonesty, fraud, deceit, or theft with the intent to substantially benefit oneself or another or to substantially harm another.
(d) Crimes or acts involving physical violence against persons.
(e) Crimes or acts that indicate a substantial or repeated disregard for the health, safety, or welfare of the public.
Note: Authority cited: Sections 481 and 7008, Business and Professions Code. Reference: Sections 480, 481, 490, 7066, 7069, 7073, 7090, 7123 and 7124, Business and Professions Code.
s 869. Criteria for Rehabilitation.
(a) When considering the denial, suspension, or revocation of a license pursuant to Division 1.5 (commencing with Section 475) of the code, the Board in evaluating the applicant's or licensee's rehabilitation and present eligibility for a license will consider the following criteria:
(1) Subject to the provisions of subsection (a)(2), an applicant or licensee may be determined to be rehabilitated if he or she meets the following criteria:
(A) For felony convictions that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, seven (7) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional criminal activity or substantially-related acts.
(B) For misdemeanor convictions that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, three (3) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional criminal activity or substantially-related acts.
(C) For acts that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, three (3) years have passed from the time of commission of the act(s), without the occurrence of criminal activity or additional substantially-related acts.
(2) The amount of time needed to demonstrate rehabilitation under subsection (a)(1) may be increased or decreased by taking into account the following:
(A) The nature and severity of the crime(s) or act(s) that are under consideration as, or that were, the grounds for denial, suspension, or revocation.
(B) Evidence of any crime(s) or act(s) committed subsequent to the crime(s) or act(s) that are under consideration as, or that were, the grounds for denial, suspension, or revocation, which also could be considered as grounds for denial, suspension, or revocation.
(C) The time that has elapsed since commission of the crime(s) or act(s) that are under consideration as, or that were, the grounds for denial, suspension, or revocation.
(D) The extent to which the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant or licensee.
(E) Consistent work history subsequent to the release from incarceration, or the completion of probation if no incarceration was imposed, or subsequent to the time of commission of the act(s).
(F) Documents or testimony from credible individuals who have personal knowledge of the applicant's or licensee's life and activities subsequent to the time of commission of the crime(s) or act(s) who can attest to the applicant's or licensee's present fitness for licensure.
(G) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
(H) Other relevant evidence, if any, of rehabilitation submitted by the applicant or licensee. For example, relevant evidence may include evidence of recovery from drug and/or alcohol addiction or abuse or completion of a drug and/or alcohol aversion program if the crime(s) or act(s) related to or involved drug and/or alcohol use; or evidence of completion of an anger management program if the crime(s) or act(s) demonstrated the applicant's or licensee's inability to control one's temper.
(b) When considering a petition for reinstatement of the license of a contractor, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subsection (a).
Note: Authority cited: Sections 482 and 7008, Business and Professions Code. Reference: Sections 480, 482, 490, 496, 7066, 7069, 7073, 7123 and 7124, Business and Professions Code.
s 869.1. Applicant Defined.
(a) All applicants for licensure shall furnish a full set of fingerprints for purposes of the board conducting a criminal history record check. The fingerprints will be used to allow the California Department of Justice and the Federal Bureau of Investigation to provide criminal history to the Board.
(b) For purposes of fingerprinting, "applicant" means any individual applying to be a member of the personnel of record.
(c) For purposes of fingerprinting, "applicant" means an individual applying for a home improvement registration.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.
s 869.2. Exemptions.
(a) Applicants for a joint venture license, who hold a current, active license in good standing are not subject to fingerprinting.
(b) Individuals already fingerprinted as required by Section 869.1 and for whom subsequent arrest information remains available at the Board need not submit fingerprints when submitting a subsequent application.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.
s 869.3. Methods for Submitting Fingerprints.
(a) Applicants residing inside the State of California shall submit their fingerprints through the electronic format certified by the California Department of Justice but, with approval of the Registrar, may submit their fingerprints on hard copy forms provided by the Registrar.
(b) Applicants residing outside the State of California may submit their fingerprints using the electronic format certified by the California Department of Justice but also may submit their fingerprints on hard copy forms provided by the Registrar.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.
s 869.4. Subsequent Arrest History.
(a) Once an applicant has been fingerprinted, the Board will maintain access to the applicant's subsequent arrest history until such time as the individual's license is cancelled, revoked or no longer renewable.
(b) Once the Board no longer receives subsequent arrest information, an individual seeking to apply for a license must be fingerprinted as required in Section 869.1.
Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.
s 869.5. Inquiry into Criminal Convictions.
The Board may conduct an inquiry into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the crime is substantially related to the qualifications, functions, and duties of an applicant or licensee by requiring the applicant or licensee to provide documents including, but not limited to, certified court documents, certified court orders or sentencing documents.
Note: Authority cited: Sections 480, 481 and 7008, Business and Professions Code. Reference: Sections 480, 481, 493, 7066, 7069 and 7073, Business and Professions Code.
s 869.9. Criteria to Aid in Determining Earliest Date a Denied Applicant May Reapply for Licensure.
(a) For an applicant who is denied licensure pursuant to subdivision (a) of Section 480 of the Business and Professions Code, the date of reapplication shall be set by the registrar at not less than one year nor more than five years after the denial. When computing the date for reapplication, the time shall commence from the effective date of the decision if an appeal is made or from the service of the notice under Section 485(b) if a request for hearing is not made. The registrar will consider the following criteria when setting the reapplication date of an individual who was denied a license:
(1) For felony convictions that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, seven (7) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional criminal activity or substantially-related acts.
(2) For misdemeanor convictions that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, three (3) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional criminal activity or substantially-related acts.
(3) For acts that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, three (3) years have passed from the time of commission of the act(s), without the occurrence of criminal activity or additional substantially-related acts.
(4) The nature and severity of the crime(s) or act(s) that were the grounds for denial.
(5) Evidence of any crime(s) or act(s) committed subsequent to the crime(s) or act(s) that were the grounds for denial, which also could be considered as grounds for denial.
(6) The time that has elapsed since commission of the crime(s) or act(s) that were the grounds for denial.
(7) The extent to which the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(8) Consistent work history subsequent to the release from incarceration, or the completion of probation if no incarceration was imposed, or subsequent to the time of commission of the act(s).
(9) Documents or testimony from credible individuals who have personal knowledge of the applicant's life and activities subsequent to the time of commission of the crime(s) or act(s) who can attest to the applicant's present fitness for licensure.
(10) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
(11) Other relevant evidence, if any, of eligibility for reapplication submitted by the applicant. For example, relevant evidence may include evidence of recovery from drug and/or alcohol addiction or abuse or completion of a drug and/or alcohol aversion program if the crime(s) or act(s) related to or involved drug and/or alcohol use; or evidence of completion of an anger management program if the crime(s) or act(s) demonstrated the applicant's or licensee's inability to control one's temper.
(b) Nothing in this section shall preclude the registrar from denying the license of an applicant who was previously denied a license and who is eligible for reapplication in accordance with this section.
Note: Authority cited: Sections 482, 7008 and 7073, Business and Professions Code. Reference: Sections 480, 482, 486, 496, 7066, 7069, 7073 and 7124, Business and Professions Code.
s 870. Factors to Apply in Determining Earliest Date a Revoked Licensee May Apply for Licensure.
(a) The Registar shall have exclusive authority in setting the earliest date a revoked licensee may reapply for reissuance or reinstatement of a license.
(b) when extending the minimum one year period, the Registrar shall give due consideration to the gravity of the violation, the history of previous violations and criminal convictions and evaluate the application based on the following criteria:
Reapplication
Dates:
5 years License has been revoked:
(1) one or more times or
(2) for committing fraudulent acts or
(3) committing acts which have seriously
endangered the public welfare and safety or
(4) for being convicted of a construction-related
crime. (For the purposes of determining if a
crime is construction-related, CCR Title 16,
Chapter 8, Section 868 shall apply.)
4 years License has been revoked:
(1) for committing violations on multiple
construction projects; or
(2) for committing multiple violations of law for
reasons other than fraud, danger to the public
welfare and safety and for conviction of a
construction-related crime.
3 years License has been revoked and revoked licensee:
(1) has been issued more than one citation which
has become final within one year immediately
preceding the date of revocation or
(2) has been previously suspended by the Register
as the result of a disciplinary action.
2 years License has been revoked and revoked licensee has been
issued a citation, which has become final within one year
immediately preceding the date of revocation.
1 year Licensee has been revoked for the first time and revoked
licensee has no previous legal action history with the
Board.
Note: Authority cited: Sections 7008 and 7059, Business and Professions Code. Reference: Sections 7058 and 7059, Business and Professions Code.
s 871. Disciplinary Guidelines.
In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines" (rev. 12/11/96) which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the board in its sole discretion determines that the facts of the particular case warrant such a deviation -for example: the presence of mitigating factors; the age of the case; evidentiary problems.
Note: Authority cited: Section 7008, Business and Professions Code; and Sections 11400.20 and 11400.21, Government Code. Reference: Sections 7090 and 7095, Business and Professions Code; and Section 11425.50(e), Government Code.
s 872. Disclosure of General Liability Insurance.
(a) As used in this regulation, "home improvement contract" is defined in Code Section 7151.2. The following statement, must accompany every estimate (bid) intended to result in a home improvement contract and every home improvement contract. The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated. This is 14-point type. This is 12-point type. This is 11-point type in italics.
Pursuant to Bus. & Prof. s7159.3 (SB 2029), home improvement contractors must provide this notice and disclose whether or not they carry commercial general liability insurance.
Information about Commercial General Liability Insurance.
Did your contractor tell you whether he or she carries Commercial General Liability Insurance?
Home improvement contractors are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the bid, if there is one, and the contract.
What does this insurance cover?
Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.
Is this insurance required?
No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?
How can you make sure the contractor is insured?
If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.
What about a contractor who is self-insured?
A self-insured contractor has made a business de a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?
For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).
(b) The following statement must accompany every contract described in Code Section 7164. The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated. This is 14-point type. This is 12-point type. This is 11-point type in italics.
Pursuant to Bus. & Prof. s7164 (SB 2029), contractors building single-family residences for owners who intend to occupy the home for at least a year must provide this notice and disclose whether or not they carry commercial general liability insurance.
Information about Commercial General Liability Insurance
Did your contractor tell you whether he or she carries Commercial General Liability Insurance?
Contractors building single-family residences for owners who intend to occupy the home for at least a year are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the contract.
What does this insurance cover?
Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.
Is this insurance required?
No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?
How can you make sure the contractor is insured?
If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.
What about a contractor who is self-insured?
A self-insured contractor has made a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?
For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).
Note: Authority cited: Sections 7008, 7159.3 and 7164, Business and Professions Code. Reference: Section 7151.2, Business and Professions Code.
s 872.1. Checklist for Homeowners.
(a) As used in this regulation, home improvement is defined in Code Section 7151.2.
(b) The following statement, must accompany every estimate (bid) intended to result in a home improvement contract and every home improvement contract that does not include a swimming pool. The heading shall be printed in at least 14- point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated. This is 14-point type. This is 12-point type. This is 11-point type in italics.
Pursuant to Bus. & Prof. s7159.3 (SB2029), home improvement contractors must provide this notice.
Check Out Your Contractor
Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?
Contact the CSLB at 1-800-321-CSLB (2752) or
visit our web site:
www.cslb.ca.gov.
Did you get at least 3 local references from the contractors you are considering?
Did you call them?
Building Permits - will the contractor get a permit before the work starts?
Check Out the Contract
Did you read and do you understand your contract?
Does the 3-day right to cancel a contract apply to you?
Contact the CSLB if you don't know.
Does the contract tell you when work will start and end?
Does the contract include a detailed description of the work to be done, the material to be used, and equipment to be installed?
This description should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.
Are you required to pay a down payment?
If you are, the down payment should never be more than 10% of the contract price or $1,000, whichever is less.
Is there a schedule of payments?
If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions - contact the CSLB to find out what they are.
Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?
Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.
Did you know changes or additions to your contract must be in writing?
Putting changes in writing reduces the possibility of a later dispute.
(c) The following statement, must accompany every estimate (bid) intended to result in a home improvement contract and every home improvement contract that includes a swimming pool. The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated. This is 14- point type. This is 12-point type.
This is 11-point type in italics.
Checklist for Homeowners (Swimming Pools)
Pursuant to Bus. & Prof. s7159.3 (SB2029), home improvement contractors building swimming pools must provide this notice.
Check Out Your Contractor
Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?
Contact the CSLB at 1-800-321-CSLB (2752) or
visit our web site:
www.cslb.ca.gov.
Did you get at least 3 local references from the contractors you are considering?
Did you call them?
Building permits - will the contractor get a permit before the work starts?
Check Out the Contract
Did you read and do you understand your contract?
Does the 3-day right to cancel a contract apply to you?
Contact the CSLB if you don't know.
Does the contract tell you when work will start and end?
Does the contract include a complete description of the work to be done, the material that will be used and equipment to be installed?
This description should include a plan and scale drawing showing the shape, size, dimensions and specifications. It should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.
Are you required to pay a down payment?
The down payment for swimming pools should never be more than 2% of the contract price or $200, whichever is less.
Is there a schedule of payments?
If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions -contact the CSLB to find out what they are.
Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?
Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors, or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.
Did you know changes or additions to your contract must all be in writing?
Putting changes in writing reduces the possibility of a later dispute.
Note: Authority cited: Sections 7008 and 7159.3, Business and Professions Code. Reference: Sections 7151.2 and 7159, Business and Professions Code.
s 880. Order of Correction -Practical Feasibility.
Before including an order of correction in a citation, due consideration shall be given to the practical feasibility of correction in accordance with, but not limited to, the following criteria:
(a) An order of correction is appropriate where it would not result in excessive destruction of or substantial waste of existing acceptable construction.
(b) An order of correction is appropriate where the owner of the construction project is willing to allow the cited licensee to correct.
(c) An order of correction is appropriate where it appears to the Registrar that the cited licensee has competence or ability to correct.
Note: Authority cited: Sections 7008 and 7099.1, Business and Professions Code. Reference: Sections 7099 and 7099.1, Business and Professions Code.
s 881. Order of Correction -Alternative Compliance.
A cited licensee may comply with an order of correction by having and paying for another licensee to do the corrective work. The cited licensee remains responsible, however, for any failure to fully comply with the order of correction.
An order of correction may, but need not, contain the alternative that the cited person may pay a specified sum to the owner of the construction project in lieu of correcting.
Note: Authority cited: Sections 7008 and 7099.1, Business and Professions Code. Reference: Sections 7099 and 7099.1, Business and Professions Code.
s 882. Order of Correction -Time Required to Correct.
Where an order of correction is included in a citation, due consideration shall be given to the time required to correct in accordance with, but not limited to, the following criteria:
(a) Accepted industry practice in that area relating to performance of such work under certain climate or weather conditions.
(b) A reasonable time in which to obtain necessary materials.
(c) The number of working days the construction project will be made accessible by the owner for corrections.
Note: Authority cited: Sections 7008 and 7099.1, Business and Professions Code. Reference: Sections 7099 and 7099.1, Business and Professions Code.
s 883. Order of Correction -Extension of Time to Correct.
If the cited person, after exercising substantial efforts ad reasonable diligence, is unable to complete the correction within the time allowed because of conditions beyond his control, he may request an extension of time in which to correct. Such request must be made in writing, and must be made prior to the expiration of the time allowed in the order of correction. An extension may be granted upon showing of good cause which determination is within the discretion of the Registrar. If a request for extension of time is not made prior to the expiration of time allowed in the order of correction, failure to correct within the time allowed shall constitute a violation of the order of correction whether or not good cause for an extension of time existed.
Note: Authority cited: Sections 7008 and 7099.1, Business and Professions Code. Reference: Sections 7099 and 7099.1, Business and Professions Code.
s 884. Recommended Assessments of Civil penalties.
In assessing a civil penalty against a person who has not previously been cited for violation of the same or similar section of the Contractors License Law, the Registrar shall give due consideration to the following guidelines: (continued)