Gravel2Gavel Construction & Real Estate Law Blog

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

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)

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.

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.

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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.

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The effective date of certain sections of the Florida Building Code (5th Edition) have been delayed by the Florida Legislature until June 30, 2016.  The sections are:

(a)  Mandatory blower door testing for residential buildings or dwelling  units as contained in Section R402.4.1.2 of the Florida Building Code, 5th Edition (2014) Energy Conservation Volume;

(b)  A second fire service access elevator as contained in Section 403.6.1 of  the Florida Building Code, 5th Edition (2014) Building Volume; and

(c)  Mechanical ventilation for residential buildings or dwelling units as  contained in Section R303.4 of the Florida Building Code, 5th Edition (2014)  Residential Volume.

Additional Source:  Florida Senate Bill 2502-A; Florida Department of Business & Professional Regulation

On September 8, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a ruling interpreting the Information Quality Act (IQA) and its implementation by two federal agencies—the Office of Management and Budget (OMB) and the Department of Justice (DOJ).  The case is W. Scott Harkonen, M.D., v. U.S. Department of Justice; U.S. Office of Management and Budget.  The question before the Court of Appeals was whether the Administrative Procedure Act and the IQA “confer the right to judicial review of a federal agency’s refusal to correct allegedly false or misleading information published by the agency in a press release”.  Affirming the district court, the Court of Appeals held that Dr. Harkonen could not obtain judicial review of an allegedly erroneous press release.  According to the Ninth Circuit, the IQA does not establish any standard to measure the accuracy of, for example, statements made in a press release.  The decision is significant because there have been so few decisions interpreting the IQA and, moreover, because  government agencies make extensive use of press releases in their day-to-day operations.

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