Gravel2Gavel Construction & Real Estate Law Blog
The Washington State Building Code Council (SBCC) adopted an emergency rule, WAC 51-54A-3800, effective July 1, 2015, to specify requirements amending the International Fire Code dealing with marijuana processing and extraction facilities stemming from these facilities’ use of flammable and combustible liquids for the liquid extraction process. These rules, along with other rulemaking proposals are open for public comment on the SBCC rulemaking page of their website, and comments are due by close of business on October 23, 2015.
Articles Posted in Construction Generally
WA L&I Identifies Most Common Corrections Required to Pass Final Inspection
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The Washington State Department of Labor & Industries (L&I) has identified common corrections required by electrical inspectors. It reported that out of the 185,878 inspections made for electrical contractors last year 18% required corrections and re-inspections and, in its own words, “remarkably” 20% of all electrical contractors were responsible for 80% of the work requiring correction and re-inspection. L&I also cautioned that Section 1928.361 of the Revised Code of Washington (RCW 19.28.361) makes the installer – contractor and electrician – personally responsible and liable for any injury or damage to a person or property for any defect in the electrical installation.
DC Circuit Affirms Lower Court’s Rejection of Lawsuit Challenging Government’s Approval of Construction of Flanagan South Oil Pipeline
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On September 29, 2015, the U.S. Court of Appeals for the DC Circuit issued a unanimous ruling affirming the district court’s rejection of a lawsuit filed by the Sierra Club against the U.S. Army Corps of Engineers in which the Sierra Club argued that the federal government was obliged to conduct a National Environmental Policy Act (NEPA) analysis of the entirety of an 580 mile oil pipeline constructed by Enbridge Pipelines (FSP), LLC. The case is Sierra Club v. U.S Army Corps of Engineers, et al.
OSHA Postpones Full Enforcement of New Confined Spaces in Construction Standard for 60 Days
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UPDATE: OSHA has extended its temporary enforcement policy through March 8, 2016, only for employers engaged in residential construction work. OSHA had extended the temporary enforcement policy through January 8, 2016.
In response to industry participants’ request for an extension of the effective date of the Confined Spaces in Construction standard published on May 4, 2015 and in effect on August 3, 2015, OSHA has confirmed that, although it will not delay the effective date it will postpone full enforcement of the new standard for 60 days from the effective date of August 3, 2015 to October 2, 2015 if the employer is “making good faith efforts to comply” with the new standard.
Stiff Penalty for Engaging in Unlicensed Activity In a Declared Disaster Area (Wildfires in Amador, Calaveras, Lake and Napa Counties)
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Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11 in Amador and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September. Contractors beware that Section 7028.16 of California’s Contractors’ State License Law, Business & Professions Code §§ 7000 et seq., expressly prohibits engaging in the business or acting in the capacity of a contractor without having an appropriate license when offering or performing repairs to a residential or nonresidential structure for damage caused by a natural disaster. A violation of Section 7028.16 is punishable by a fine up to $10,000 and/or imprisonment for up to 16 months in a state prison.
Additional Source: Contractors State License Board Offers Resources for Northern California Wildfire Victims; State Tax Relief for Victims of the Wildfires in Amador, Calaveras, Lake, and Napa Counties
In PA, Starting Nov. 1, 2015, Licensed Demolition Contractor Must Be Identified on All Demolition Permit Applications
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The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015. L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and on and after November 1, 2015 a licensed demolition contractor must be identified on all demolition permit applications.
Additional Source: City of Philadelphia Announces new Demolition Standards and Initiatives (June 10, 2013)
Cal. Supreme Court Denies Cert in Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc.
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In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a license, as contemplated by Section 7031(e) of California’s Contractors’ State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq. The Court of Appeal’s further held that the trial court’s judgment falls within the ambit of Section 7071.17of California’s Contractors’ State License Law; Pacific Caisson’s license was suspended pursuant to Subdivision (b) of Section 7071.1 as an associated license of Gold Coast Drilling, Inc., a licensee with an unreported final judgment imposed against it.
PA: New Safety Training Requirements Effective Oct. 1, 2015
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The Philadelphia Department of Licenses and Inspections (L&I) a has issued a Notice regarding new Occupational, Safety and Health Administration (OSHA) 10 and OSHA 30 safety training (or equivalent) requirements in effect October 1, 2015. L&I is offering Safety Training Information Sessions on the new training requirements on September 30, October 7, and October 14 at 10 a.m. and 11 a.m.
Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine For Claims Regarding Faulty Design Documents
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In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based on faulty design documents under Section 552 of the Restatement (Second) of Torts. The case was brought by a structural steel subcontractor (Gongloff) against the architect-engineer (Kimball) for a university convocation center. Kimball provided Gongloff and others with the design of the steel structure and repeatedly denied allegations of errors in the design. But Gongloff alleged that the “never-before-utilized” design was in fact defective, and that Gongloff experienced various problems and significantly increased costs as a result of changes made to correct the design. Continue Reading ›
CA Simplifies HIS Registration Requirements
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UPDATE: CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process (posted November 12, 2015)
On September 8, 2015, California Governor Edmund G. Brown Jr. signed into law Senate Bill 561 (Monning), a bill that simplifies the home improvement salespersons (HIS) registration process to a single registration even if the HIS represents multiple employers. Section 7153 of California’s Business & Professions Code requires anyone who solicits, sells, negotiates, or executes home improvement contracts for a licensed contractor outside of the contractor’s normal place of business to be registered with the California Contractors State License Board (CSLB) as an HIS. In addition to the single registration provision, S.B. 561 will: (1) require a contractor to notify the CSLB in writing prior to employing a registered HIS, and when employment ceases; (2) allow the CSLB to accept an electronic application and signature from an HIS applicant, (3) require an HIS to have a current and valid registration with CSLB before making sales calls and transactions on behalf of a contractor, and (4) provide that registrations will be valid for 2 years from the month of issue. The new law takes effect on January 1, 2016.