Articles Posted in Construction Generally

If you need a little eye candy for your Friday, CNN recently posted pictures of what building data company Emporis of Hamburg, Germany, has concluded are the most “spectacular” buildings in the banking industry.

The buildings include:

* Bank of America Tower (New York) — Architects: Cook + Fox Architects; Adamson Associates
* Bank of China Tower (Hong Kong) — Architects: I.M. Pei & Partners; Shermann Kung & Associates * DnB NOR Headquarters (Oslo, Norway)
* European Investment Bank (Luxembourg) — Architects: Ingenhoven Architects
* Isbank Tower (Istanbul, Turkey) — Architects: Swanke Hayden Connell Architects; Tekeli & Sisa

* Islamic Development Bank (Jeddah, Saudia Arabia) — Architects: Nikken Sekkei Ltd.
* Macquarie Bank Centre (Sydney) — Architects: Fitzpatrick + Partners
* National Bank of Dubai (Dubai, U.A.E.) — Architects: Norris Group Consultants Int. Ltd.; Carlos Ottawa Architect
* ING House (Amsterdam, Netherlands) — Architects: Meyer en Van Schooten Architecten
* One Churchill Place (London) — Architects: HOK International Ltd.
* Saxo Bank International HQ (Hellerup, Denmark) — Architects: 3XN Architects
* Scotia Plaza (Toronto, Canada) — Architects: WZMH Architects

If you need more, CNN also posted pictures of 25 amazing skyscrapers, including pictures of the following buildings:

* Empire State Building (New York) — Height: 437 Meters * China Central Television Headquarters (Beijing) — Height: 234 Meters * Commerzbank Headquarters (Frankfurt, Germany) — Height: 300.1 Meters * The Shard (London) — Height: 310 Meters * Elephant Tower (Bangkok) — Height: 102 Meters * Chrysler Building (New York) — Height: 320 Meters * Bitexco Financial Tower (Ho Chi Minh City, Vietnam) — Height: 262 Meters * Ryugyong Hotel (Pyongyang, North Korea) — Height: 330 Meters * Transamerica Pyramid (San Francisco) — Height: 260 Meters * Bank of China Tower (Hong Kong) — Height: 367.4 Meters * Kingdom Centre (Riyadh, Saudi Arabia) — Height: 302 Meters * Petronas Twin Towers (Kuala Lumpur, Malaysia) — Height: 452 Meters * Tokyo Mode Gakuen Cocoon Tower (Tokyo) — Height: 204 Meters * Shanghai World Financial Center (Shanghai) — Height: 492 Meters * Hotel & Casino Grand Lisboa (Macau) — Height: 261 Meters * Bahrain World Trade Center (Manama, Bahrain) — Height: 240 Meters * Two International Finance Center (2IFC) (Hong Kong) — Height: 415 Meters * Burj al Arab (Dubai, United Arab Emirates) — Height: 321 Meters * Taipei 101 (Taipei, Taiwan) — Height: 508 Meters * Torre Agbar (Barcelona, Spain) — Height: 142 Meters * Burj Khalifa (Dubai, United Arab Emirates) — Height: 828 Meters * 30 St. Mary Axe (London) — Height: 180 Meters * Turning Torso (Malmo, Sweden) — Height: 190 Meters * One World Trade Center (New York) — Height: 541 Meters
* Marina Bay Sands (Singapore) — Height: 194 Meters
I’m not sure if it is possible to pick a favorite.

Photos: Bank of America Tower, Taken January 3, 2013, Kiah Ankoor – Creative Commons; Empire State Building, Taken September 18, 2005, matze_ott – Creative Commons; Chrysler Building, Taken May 2009, David Shankbone – Creative Commons; One World Trade Center, Taken June 22, 2012, Charlie Phillips – Creative Commons

LINKS UPDATED AUGUST 30, 2017

California’s Contractors State License Board (CSLB) issues licenses to applicants to contract for particular trades or fields — each such trade or field is a “classification.” The classifications are a “Class A” general engineering contractor, “Class B” general building contractor, and “Class C” specialty contractor (which includes an extensive number of
subcategories). A licensed contractor may add any classification for which it is qualified. The law governing the classifications are set forth in California Business & Professions Code §§ 7008 and 7056-7059.

A Class A general engineering contractor’s principal business is in connection with fixed works requiring specialized engineering knowledge and skill. In contrast, a Class B general building contractor’s principal business is in connection with any structure built, or to be built, requiring in its construction the use of at least two unrelated building trades or crafts.

In contrast to both Class A and Class B classifications, a Class C specialty contractor’s principal business is in connection with specialized trades requiring use of the contractor’s art, experience, science and/or skill to construct and complete projects under their classification. For purposes of Business & Professions Code § 7059, work in other classifications is “incidental and supplemental” to the work for which a specialty contractor is licensed if that work is essential to accomplish the work in which the contractor is classified (16 CCR § 831). A specialty contractor may use subcontractors to complete the incidental and supplemental work, or it may use his own employees to do so (16 CCR § 831). (Also note that, for example, Class A, Class B, C-4, C-10, C-36, C-46, C-53 licensees are approved by the CSLB to perform solar projects.) The Class C specialty classification (and subcategories) are set forth in the Title 16, Division 8 of the California Code of Regulations:

• C-2 Insulation and Acoustical
• C-4 Boiler, Hot-Water Gearing and Steam Fitting
• C-5 Framing and Rough Carpentry
• C-6 Cabinet, Millworker and Finish Carpentry
• C-7 Low Voltage Systems
• C-8 Concrete
• C-9 Drywall
• C-10 Electrical
• C-11 Elevator
• C-12 Earthwork and Paving
• C-13 Fencing
• C-15 Flooring and Floor Covering
• C-16 Fire Protection
• C-17 Glazing
• C-20 Warm-Air heating, Ventilation and Air-Conditioning (HVAC)
• C-21 Building Moving/Demolition C-23 Ornamental Metal
• C-27 Landscaping C-28 Lock and Security Equipment
• C-29 Masonry C-31 Construction Zone Traffic Control
• C-32 Parking and Highway Improvement
• C-33 Painting and Decorating
• C-34 Pipeline
• C-35 Lath and Plastering
• C-36 Plumbing
• C-38 Refrigeration
• C-39 Roofing
• C-42 Sanitation System
• C-43 Sheet Metal
• C-45 Sign
• C-46 Solar
• C-47 General Manufactured Housing
• C-50 Reinforcing Steel
• C-51 Structural Steel
• C-53 Swimming Pool
• C-54 Tile (Ceramic and Mosaic)
• C-55 Water Conditioning
• C-57 Well Drilling
• C-60 Welding
• C-61 Limited Specialty, which includes “D” subcategories that were developed by CSLB staff and approved by the Board as policy:
  • D-03 Awnings D-04 Central Vacuum Systems
  • D-06 Concrete-related Services
  • D-09 Drilling, Blasting and Oil Field Work
  • D-10 Elevated Floors
  • D-12 Synthetic Products
  • D-16 Hardware, Locks and Safes
  • D-21 Machinery and Pumps
  • D-24 Metal Products
  • D-28 Doors, Gates and Activating Devices
  • D-28 Paperhanging
  • D-30 Pile Driving/Pressure Foundation Jacking
  • D-31 Pole Installation and Maintenance
  • D-34 Prefabricated Equipment
  • D-35 Pool and Spa Maintenance
  • D-38 Sand and Water Blasting
  • D-39 Scaffolding
  • D-40 Service Station Equipment and Maintenance
  • D-41 Siding and Decking
  • D-42 Non-Electrical Sign Installation
  • D-49 Tree Service
  • D-50 Suspended Ceilings
  • D-52 Window Coverings
  • D-53 Wood Tanks
    D-56 Trenching
  • D-59 Hydroseed Spraying
  • D-62 Air and Water Balancing
  • D-63 Construction Cleanup
  • D-64 Non-specialized
    D-65 Weatherization and Energy Conservation

Some licensees may hold a license in a classification that is now considered obsolete. The license, however, remains valid so long as the license is current with fees, bond and appropriate insurance.

In addition to obtaining a license, a licensee may obtain certifications, including an asbestos certification (ASB) or a hazardous substance removal certification (HAZ).

California also has reciprocity agreements with contractor licensing agencies in Arizona, Nevada, and Utah for certain classifications and subcategories. The contractor or license applicant must request reciprocity.

California Business & Professions Code §§ 7040, et seq., set forth various exemptions from the licensing law.

Additional Resources: CSLB’s Website; CSLB Description of Classifications

LINKS UPDATED AUGUST 30, 2017

UPDATE: CSLB Streamlines License Experience Review Process; Watch YouTube Video of December 4 CSLB Experience Verification Seminar

As a quick primer, in California an applicant for a contractor’s license must have at least 4 years of experience in the class he/she is applying for to qualify to take the license examination, including submitting a Certification of Work Experience. Credit for experience is given only for experience at a journeyman level or as a foreman, supervising employee, contractor, or owner-builder. An applicant may also receive credit for technical training, apprenticeship training, or education toward the 4 years of required practical experience. At least 1 year must be practical experience.

All experience claimed must be verified by a qualified and responsible person, such as a homeowner, an employer, fellow employee, other journeyman, contractor, union representative, building inspector, architect, or engineer. This person must have firsthand knowledge of the applicant’s experience — he/she must have observed the work that was performed — and he/she must complete the experience certification portion of the application. The applicant must also provide written documentation of any training or education claimed in place of experience. Acceptable documentation includes copies of apprenticeship certificates and college transcripts. In addition, the Contractors State License Board (CSLB) will require the applicant to provide a certification of his/her experience and may require the applicant to furnish additional documentation of any experience claimed on the application — failure to provide this documentation will result in rejection of the application or denial of the license.

For purposes of determining the applicant’s year’s of experience: A “journeyman” is a “person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform the trade without supervision.” A “foreman” or “supervisor” is a “person who has the knowledge and skill of a journeyman and directly supervises physical construction.” A “contractor” is a “person who manages the daily activities of a construction business, including field supervision.” An “owner-builder” is a “person who has the knowledge and skills of a journeyman and who performs work on his or her own property.”

On December 4, 2013, the CSLB will be hosting a live event and webcast to explain how it verifies a license applicant’s journey-level work experience. To join in person, go to the John C. Hall Hearing Room at the Contractors State License Board Headquarters located at 9821 Business Park Drive, Sacramento, CA 95827. To watch the live stream webcast, join the CSLB at www.cslb.ca.gov.

For additional information about what constitutes “journey-level experience,” the CSLB has posted Frequently Asked Questions About Journey-level Experience on its website. It explains, in part, that “[j]ourney-level experience applies to a person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform a specific trade without supervision. However, that person does not have a license and is not able to contract for jobs that are more than $500 in labor and materials.”

The CSLB’s FAQ also notes that “[a]n “Apprenticeable Occupation” is one that requires independent judgment and the application of manual, mechanical, technical, or professional skills. It is best learned through an organized system of on-the-job training, together with related and supplemental instruction.” The California Department of Industrial Relations’ (DIR) website provides additional information on apprentice skills and programs. It explains, in part, that “[a]pprenticeship is a system of learning while earning, and ‘learning by doing.’ It combines training on the job with related and supplemental instruction at school. Today, it is utilized chiefly in the skilled crafts.” The DIR’s website also hosts a searchable database for available apprenticeship programs and for registered apprentices for public works.

Additional Resource: California Contractors State License Board; California Department of Industrial Relations

2016 Update: Death of Del Paso; Sponsor A Dream: Iceland Ice Skating Rink

Update: Sacramento Business Journal, Sacramento Business Journal, North Sacramento public market plans official debut (Sep. 9, 2014); Domus looks at Del Paso Boulevard parcels for mixed-use projects (Aug. 15, 2014); Sacramento Business Journal, Enotria plans to reopen (Mar. 26, 2014); Comstock’s Magazine, Words of Art (Feb. 2014) — “[T]he Del Paso Design District has earned a Good Design Award for green urban planning from the European Centre for Architecture and the Chicago Athenaeum Museum of Architecture and Design.”

Monday, The Sacramento Bee announced that city officials and neighborhood activists have come together with what they believe will “reverse the downward spiral of Del Paso Boulevard, the gritty main street of north Sacramento.” It was reported that “[l]ocal business owners and developers are in negotiations to purchase some of the 12 properties the city owns” along Del Paso Boulevard. In addition, the Del Paso Boulevard Partnership is “a marketing consultant working for the neighborhood’s business association is attempting to brand the area as a ‘design district’ that appeals to small businesses.” These 10 uninterrupted blocks provide a rare development opportunity.

An existing draw to this area is Enotria Restaurant Wine Bar located at 1431 Del Paso Boulevard. Enotria’s website describes its recent renovation and vision for its future: Enotria “underwent a multi-million dollar renovation in 2010 and now boasts an exciting new Winebar, beautiful courtyard, and brand new finishes in the original restaurant. Chef Pajo Bruich and his culinary team prepare contemporary California cuisine with fresh, local ingredients and change the menu seasonally. Enotria’s food is designed to pair with over 700 unique wine selections in house.” It also boasts that “[u]nder the direction of general manager, Jenny Yun, Enotria provides guests with a wine and food pairing experience that will be memorable for years to come.”

Just down the block at the Sacramento Temporary Contemporary located at 1616 Del Paso Boulevard art installations are often hosted. The November Art Installation, which runs from November 7 through November 24, will feature artists including Julie Didion, Susan Ballenger, Sally Shapiro, Susan Aulik, Mary Curtis Ratcliff and Marilyn Jennings.

Not far from them is another popular draw to the area. Prime Time Boxing is located at 1931 Del Paso Boulevard. Prime Time Boxing is the self-proclaimed “creator of the ‘boxing class’.” Now, Prime Time Boxing explains, “the old boxing class has become the new boxing camp. We are committed to changing your life in a positive way!” It promises that “[y]ou are never just another face in the crowd at Prime Time. Once you commit to this program we promise to keep you motivated, sweating and achieving the goals you have set for yourself.”

The nostalgic Iceland Ice Skating Rink is also located along this corridor at 1431 Del Paso Boulevard. Iceland “opened in 1940 and for almost 70 continuous years provided skating fun in Sacramento. Iceland was burned down by arson fire on March 28, 2010.” It reopened as a seasonal rink in November, 2010. Iceland is now managed by Sacramento Iceland, Inc. Iceland is preparing to open for the winter season on November 22, 2013.

The beautiful Woodlake neighborhood is also not far. Woodlake is a stately 1930s and 1940s neighborhood within the boundaries set by Arden Way to the north, N. Sacramento Freeway to the south, Royal Oaks Drive to the east and Del Paso Boulevard (Uptown Art District) to the north-west. Woodlake is mostly inhabited by career professionals and is often cited in Sacramento publications as one of Sacramento’s most desired neighborhoods.

Andrea Lepore, a co-owner of the popular Hot Italian restaurant in Sacramento’s midtown, recently confirmed to The Sacramento Bee that four local business owners are in talks with city officials to buy properties on Del Paso Boulevard. Although Lepore did not identify the business owners negotiating to buy the properties, she reportedly confirmed that the projects that they would be seeking to build along Del Paso Boulevard would include “a local graphic design firm, a local brewery and a developer interested in building a midsize apartment building on the boulevard.” She also reportedly confirmed that “a well-known local chef wants to open a “culinary center” that would include not only a restaurant, but also other food-related amenities.” Negotiations are reportedly ongoing, which kept Lepore from providing further details.

In addition, Lepore also indicated that the plan would involve rehabilitation of the “the former Grand Theatre, which opened in 1942 but closed in 1960.” The Grand Theatre is located at 1917 Del Paso Boulevard. The proposed concept for the Grand Theatre, “which once featured a neon sign facing Del Paso Boulevard, is to reopen the space as a movie theater serving full meals and adult drinks, similar to the Parkway Theater in Oakland.” Another new draw to this area could include plans for a public market to cover multiple properties on Del Paso Boulevard. The market – reportedly “the idea of prominent designer and furniture retailer Dan Friedlander” – is expected to include “permanent vendors selling meat, bread and produce.”

Additional Attractions on Del Paso Boulevard: Stoney’s Rockin’ Rodeo, 1320 Del Paso Blvd.; North Sacramento – Hagginwood Library, 2109 Del Paso Blvd.; Big Idea Theatre, 1616 Del Paso Blvd.; Fenix Studios, 2110 Del Paso Blvd.; The Green Boheme, 1825 Del Paso Blvd.; Mama Kim Eats, 1616 Del Paso Blvd.

Additional Sources: The Sacramento Bee; Del Paso Boulevard Partnership; Bennett Engineering Services

Photos: Del Paso Boulevard Partnership, All Rights Reserved; Prime Time Boxing Inc., All Rights Reserved; Comstock’ Magazine

UPDATE: The Sacramento Bee, A King’s crown? A crushed can? Architects analyze arena design (Feb. 2, 2014)

BREAKING NEWS: The Sacramento Bee, Mayor Kevin Johnson Formally Unveils Drawings Of New Sacramento Kings Arena and Proposed New Arena To Include Farm-To-Fork Elements (Jan. 28, 2014)

On Tuesday, October 29, arena designer Mark Friedman of AECOM presented the latest concepts for Sacramento’s new sports center and entertainment complex to Sacramento’s City Council at a public meeting. The latest drawings of Friedman’s concepts show that it would involve both indoor and a possible second level outdoor use option. Friedman also proposed that the arena for Sacramento Kings’ and other events would be built below ground with the main concourse area to be constructed at street level. The proposed u-shaped structure would not have a “back”, which would help to open up the area around K Street, said Sacramento Kings President Chris Granger.

Additional Sources: Sacramento Kings Owners Announce Indoor-Outdoor Facility Concept for New Arena; Turner Construction Company to Build New Sacramento Kings Arena; The Sacramento Bee; CBS Sacramento; News 10

UPDATE: The Sacramento Bee, West Sacramento setting the table as a major food industry hub, Mark Glover (Feb. 2, 2014) and Growing pains assail the senses in West Sacramento neighborhood, Darrell Smith (Jan. 5, 2014)

West Sacramento appears to be a growing global food hub. Today, it was announced that Shinmei Co. Ltd. of Kobe, Japan (“Shinmei Co.”), is on a fast track to build a $10 million factory to make rice buns in West Sacramento and a 28,000-square-foot building in the Southport Business Park. Sacramento builder Potter Taylor & Co., a locally and family owned business, has been slated to develop the site and build the plant. Construction is expected to commence early next year.

Today’s announcement follows closely on the heels of Japan’s Nippon Shokken’s August 2013 announcement that, after 18 months of construction, it was opening its 70,000 square foot facility to make sauces for the global market. Nippon Shokken and Shinmei Co. will be next door neighbors.

Just weeks before Nippon Shokken’s announcement, Norway’s Tomra Sorting Solutions announced that West Sacramento would soon see work beginning on its 60,000 square foot building that will be the North American headquarters for Tomra. West Sacramento’s Brown Construction Inc. is building this factory and VLMK Consulting Engineers of Portland, Oregon will be acting as the project’s engineer and architect. Tomra expects to occupy the building by March.

Last but not least, Germany’s Bayer CropScience moved into a 164,00 square foot building in West Sacramento in late July. It expects to acquire an additional 10 acres somewhere close to construction a greenhouse facility.

These companies join various domestic food distribution and manufacturing companies that have been located in West Sacramento for many years, including Farm Fresh to You, Tony’s Fine Foods, Nor Cal Beverage and Raley’s Family of Fine Stores.

Additional Sources: Sacramento Business Journal

The California State Contractors License Board and California Department of Public Health warn that construction and other workers who disturb soil are at risk for contracting Valley Fever, and encourage employers to include protective measures in workplace health and safety plans. The Coccidioides immitis fungus lives in the soil in parts of California, particularly in the Central Valley, and in several southwestern U.S. states, and in Central and South America. Valley Fever is contracted by inhaling fungal spores that live in the dirt and that are stirred up by activity, including but not limited to construction, digging or driving, or working in dusty, wind-blown areas. Typically those who become infected experience pneumonia and flu-like symptoms.

Workers at higher risk for Valley Fever include wildland firefighters, construction workers, archaeologists, military personnel, and workers in mining, gas and oil extraction jobs. In 2007, 10 members of a 12-person construction crew excavating a trench developed Valley Fever (also known as coccidioidomycosis), an illness with pneumonia and flu-like symptoms. Seven of the 10 had abnormal chest x-rays, four had rashes, and one had an infection that spread beyond his lungs. Over 1000 Californians are hospitalized with Valley Fever every year. About 8 of every 100 people hospitalized die from the infection annually.

Although there is no vaccine against Valley Fever, the Department of Public Health suggests that employers and workers can take protective measures including but not limited to “incorporating the following elements into the company’s Injury and Illness Prevention Program and project-specific health and safety plans:
1. Determine if the worksite is in an area where Valley Fever is endemic (consistently present). Check with your local health department to determine whether cases have been known to occur in the proximity of your work area. See the map on page 2 to determine whether your company will be working in an endemic county.
2. Train workers and supervisors on the location of Valley Fever endemic areas, how to recognize symptoms of illness (see page 3), and ways to minimize exposure. Encourage workers to report respiratory symptoms that last more than a week to a crew leader, foreman, or supervisor.
3. Limit workers’ exposure to outdoor dust in disease-endemic areas. For example, suspend work during heavy wind or dust storms and minimize amount of soil disturbed.
4. When soil will be disturbed by heavy equipment or vehicles, wet the soil before disturbing it and continuously wet it while digging to keep dust levels down.
5. Heavy equipment, trucks, and other vehicles generate heavy dust. Provide vehicles with enclosed, air-conditioned cabs and make sure workers keep the windows closed. Heavy equipment cabs should be equipped with high efficiency particulate air (HEPA) filters. Two-way radios can be used for communication so that the windows can remain closed but allow communication with other workers.
6. Consult the local Air Pollution Control District regarding effective measures to control dust during construction. Measures may include seeding and using soil binders or paving and laying building pads as soon as possible after grading.
7. When digging a trench or fire line or performing other soil-disturbing tasks, position workers upwind when possible.
8. Place overnight camps, especially sleeping quarters and dining halls, away from sources of dust such as roadways.
9. When exposure to dust is unavoidable, provide NIOSH-approved respiratory protection with particulate filters rated as N95, N99, N100, P100, or HEPA. Household materials such as washcloths, bandanas, and handkerchiefs do not protect workers from breathing in dust and spores…”

They can also become vigilant about watching for warning symptoms, and seeking early medical attention if typical symptoms appear (between 7 and 21 days after breathing in spores) and include:
•Cough •Fever •Chest pain •Headache •Muscle aches •Rash on upper trunk or extremities •Joint pain in the knees or ankles •Fatigue
Additional Resources: California Department of Public Health; Centers for Disease Control and Prevention

UPDATE: CSLB Industry Bulletin No. 14-05, CSLB Reminds Licensees about New Law to Help Identify Subcontractors Bidding on Public Works Projects (May 2, 2014)

UPDATE: CSLB Industry Bulletin No. 14-02, Compliance Dates Delayed For Some Energy-Related Regulations in CA Building Standards Codes (Feb. 10, 2014) — New Effective Date Jul. 1, 2014
UPDATE: New Construction Laws Effective This Wednesday

UPDATE: CSLB Summarizes New Laws That May Impact Licensees In The Coming Year

Contractor-related bills recently signed by California’s Governor Edmund G. Brown Jr. and chartered into law include:

Assembly Bill 44 Subletting and Subcontracting Fair Practices Act: Bidding Practices: AB 44 amends California’s Public Contract Code 4104 to require that prime contractors specify the contractor license numbers of subcontractors who will perform work on bids for public work projects.

Assembly Bill 164 Infrastructure Financing: AB 164 extends California’s Little Miller Act by requiring a lease agreement between a governmental agency undertaking an infrastructure project and a private entity to include performance bonds as security to ensure the completion of construction, and payment bonds to secure payment of claims of laborers, mechanics, and materials suppliers employed on the project under contract.

Assembly Bill 433 Contractors: Fire Protection Systems: Fire Safety: State Fire Marshal: AB 433 adds and repeal Business & Professions Code § 7026.13 to, among other things, authorize, until January 1, 2017, the installation of a residential fire protection system for a 1or 2-family dwelling by a contractor holding a fire protection contractor classification or a plumbing contractor classification.

Assembly Bill 811 Excavations: AB 811 amends existing law to require regional notification centers to post on their website statewide information provided by operators and excavators regarding legal violations and damages resulting from violations.

Assembly Bill 1236 Contractors: Limited Liability Companies: AB 1236 amends Contractors State License Law that states insurance policies secured to satisfy limited liability company provisions are required to be written by an insurer or insurers licensed by the State of California and also permits those policies to be written by an eligible surplus insurer.

Senate Bill 822 Committee on Business, Professions and Economic Development, Professions and Vocations: Among other things, SB 822 amends Business & Professions Code § 7026.1 to provide that the term “contractor” or “consultant” does not include a common interest development manager, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined in Business & Professions Code § 11500(d).

Additional Resources: California Contractor-Related 2013 Legislation and Bills to Watch

Photo: Edward Headington, Taken March 20, 2012 – Creative Commons

UDPATE: CSLB, CSLB Pipeline Review Program Expands into Southern California (Summer 2014)

The California State Contractors Licensing Board (CSLB) confirmed in its 2013 Fall CLC Newsletter that there are 10 complaints pending against licensed contractors that PG&E claims did not go through the required permitting process to note the underground location of the existing utility pipelines in the area where work was to be performed and while digging in the area struck a gas pipeline. The CSLB warned that licensed contractors who damage natural gas lines during unauthorized digs can expect closer scrutiny by the CSLB. Although the CSLB has had the legal authority to take action against licensees for negligent pipeline breaks (Bus. & Prof. Code § 7110), there have been only 13 incidents in California brought to the CSLB in the last 2 years. Penalties could range from a warning letter to the licensee to revocation of the license, which would occur in the most serious cases.

Those who fail to register with the Underground Service Alert of Northern California or Underground Service Alert of Southern California are also subject to a fine of up to $50,000 and they can be held responsible for any repair costs. Even with the potentially stiff penalties, too many contractors may still be taking part in unauthorized excavations. The CSLB reported that, in 2012, 1,754 incidents of damage to utility lines were reported in California. An estimated 60% of those pipeline breaches were committed by contractors and the majority of the line breaks occurred during an unauthorized dig.

Any digging or excavation, even if it is just breaking ground with a shovel, requires licensed contractors to call 8-1-1 and to coordinate at least 2 days beforehand with the Underground Service Alert of Northern California or Underground Service Alert of Southern California.

Additional Resources: California State Contractors State License Board; Underground Service Alert of Northern California; Underground Service Alert of Southern California

UPDATE: December 17, 2013 CSLB Sting Nabs Convicted Rapist

On October 11, 2013, the California Contractors State License Board (“CSLB”), in its news release entitled Sex Offenders, Convicted Felons Snagged in Contractors State License Board Statewide Sting, announced that 75 people may face criminal charges after being caught in 6 of the CSLB’s simultaneous, statewide undercover sting operations conducted this week as part of its fall California Blitz.

The CSLB’s Statewide Investigative Fraud Team (SWIFT) investigators, along with partners from a variety of state and local law enforcement agencies, conducted stings on October 9 and 10, 2013, in Clovis (Fresno County), Ontario (San Bernardino County), Roseville (Placer County), and Seaside (Monterey County). 1-day stings were conducted October 9, 2013, in South Lake Tahoe (El Dorado County) and October 10, 2013, in the area burned in the recent Silver Fire near Banning (Riverside County).

SWIFT investigators posed as homeowners seeking bids for home improvements. CSLB Registrar Steve Sands said that “Homeowners should be nervous when they hear the background of some of the people we caught in these stings.”

Most notable, among those arrested, 2 were registered sex offenders, 2 were individuals with several prior felonies including robbery, rape, burglary and drug possession, 3 were individuals with an active arrest warrant, and several individuals were caught using contractor license numbers belonging to others. 3 of the suspects were taken to jail, and 1 vehicle was towed. Mr. Sands also confirmed that “[u]nlicensed, illegal activity that puts homeowners at risk and legitimate contractors at a competitive disadvantage will not be tolerated.”

Of the 75 individuals arrested, 72 now may face misdemeanor charges for contracting without a license (Bus. & Prof. Code § 7028). The penalty for a conviction is up to six months in jail and/or a fine of up to $5,000.

Of those individuals arrested, 56 also may be charged with illegal advertising (Cal. Bus. & Prof. Code § 7027.1). State law requires contractors to place their license number in all print, broadcast, and online advertisements. Those without a license can advertise to perform jobs valued at less than $500, but the ad must state that they are not a licensed contractor. The penalty is a fine of $700 to $1,000.

10 others may be charged with requesting an excessive down payment (Cal. Bus. & Prof. Code § 7159.5). In California, a home improvement project down payment cannot exceed 10% of the contract total or $1,000, whichever is less, unless an appropriate bond is in place (Cal. Bus. & Prof. Code § 7159.5(a)(8)). This misdemeanor charge carries a maximum penalty of 6months in jail and/or up to a $5,000 fine.

13 of those individuals arrested also were issued Stop Orders (Cal. Bus. & Prof. Code § 7127). CSLB investigators can halt job site activity when any person with or without a contractor license does not have workers’ compensation insurance coverage for employees. Failure to comply with a Stop Order can result in misdemeanor charges and penalties, including 60 days in jail and/or up to $10,000 in fines.

A majority of those caught this week were identified through illegal ads posted on craigslist.org.

Additional Sources: California Contractors State License Board; CSLB Laws and Regulations

Photo: Kshitij Garg, Taken Feb. 14, 2009 – Creative Commons