Business and Professions Code — Part 44 | BPC — United States — California law | Esheria

Business and Professions Code

Part 44 of 52 · provisions 8,601–8,800

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 7116.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee can be disciplined for interfering with board investigations, retaliating against people who provide evidence, or firing an employee for trying to comply with the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7116.5. It is a cause for discipline for a licensee to do any of the following: (a) Engage in any conduct that subverts or attempts to subvert an investigation of the board. (b) Threaten or harass any person or licensee for providing evidence in any possible or actual disciplinary action, arbitration, or other legal action. (c) Discharge an employee primarily because of the employee’s attempt to comply with or aid in compliance with the provisions of this chapter. (Added by Stats. 2003, Ch. 607, Sec. 33. Effective January 1, 2004.)
  2. 7117.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A person acting as a contractor under a license must do so in the licensee’s name or consistent with the licensee’s listed personnel; otherwise it can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7117. Acting in the capacity of a contractor under any license issued hereunder except: (a) in the name of the licensee as set forth upon the license, or (b) in accordance with the personnel of the licensee as set forth in the application for such license, or as later changed as provided in this chapter, constitutes a cause for disciplinary action. (Added by Stats. 1939, Ch. 37.)
  3. 7117.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor acting under an inactive, suspended, or certain expired license can face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7117.5. (a) Acting in the capacity of a contractor under any license which has been made inactive, as provided in Section 7076.5, constitutes a cause for disciplinary action. (b) Acting in the capacity of a contractor under any license that has been suspended for any reason constitutes a cause for disciplinary action. (c) Acting in the capacity of a contractor under any license that has expired constitutes a cause for disciplinary action if the license is subject to renewal pursuant to Section 7141. The actions authorized under this section shall be separate from, and in addition to, all other remedies either civil or criminal. (Amended by Stats. 1995, Ch. 467, Sec. 15. Effective January 1, 1996.)
  4. 7117.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee may face disciplinary action for acting as a contractor in a classification other than the one currently held.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7117.6. Acting in the capacity of a contractor in a classification other than that currently held by the licensee constitutes a cause for disciplinary action. (Added by Stats. 1983, Ch. 891, Sec. 28.)
  5. 7118.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Entering into a contract with an unlicensed contractor is a cause for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7118. Entering into a contract with a contractor while such contractor is not licensed as provided in this chapter constitutes a cause for disciplinary action. (Amended by Stats. 1975, Ch. 329.)
  6. 7118.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor who inspects for asbestos or related remedial needs, while knowing the report is required for a loan or permit, must disclose any ownership or financial relationship with the corrective-work entity in both oral and written form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7118.4. (a) If a contractor has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with knowledge that the report has been required by a person as a condition of making a loan of money secured by the property, or is required by a public entity as a condition of issuing a permit concerning the property, the contractor shall disclose orally and in writing if it is owned or has any common ownership, or any financial relationship whatsoever, including, but not limited to, commissions or referral fees, with an entity in the business of performing the corrective work. (b) This section does not prohibit a contractor that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter peforming additional corrective work. (c) A violation of this section is grounds for disciplinary action. (d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both. (e) For the purpose of this section, “asbestos” has the meaning set forth in Section 6501.7 of the Labor Code. (Added by Stats. 1988, Ch. 1491, Sec. 1.)
  7. 7118.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Certain contractors and licensing applicants face penalties if they contract with an uncertified person for asbestos-related work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7118.5. Any contractor, applicant for licensure, or person required to be licensed, who, either knowingly or negligently, or by reason of a failure to inquire, enters into a contract with another person who is required to be, and is not, certified pursuant to Section 7058.5 to engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, is subject to the following penalties: (a) Conviction of a first offense is an infraction punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000), and by possible revocation or suspension of any contractor’s license. (b) Conviction of a subsequent offense is a misdemeanor requiring revocation or suspension of any contractor’s license, and a fine of not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. (Amended by Stats. 1991, Ch. 1160, Sec. 35.)
  8. 7118.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor who knowingly, negligently, or without inquiry contracts with an uncertified person for a removal or remedial action can face penalties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7118.6. Any contractor who, either knowingly or negligently, or by reason of a failure to inquire, enters into a contract with another person who is required to be, and is not certified pursuant to Section 7058.7 to engage in a removal or remedial action, as defined in Section 7058.7, is subject to the following penalties: (a) Conviction of a first offense is an infraction punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000), and by possible revocation or suspension of any contractor’s license. (b) Conviction of a subsequent offense is a misdemeanor requiring revocation or suspension of any contractor’s license, and a fine of not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. (Amended by Stats. 1991, Ch. 1160, Sec. 36.)
  9. 7119.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor licensee may face disciplinary action for wilfully failing or refusing, without legal excuse, to pursue a construction project or operation with reasonable diligence if that causes material injury to another.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7119. Wilful failure or refusal without legal excuse on the part of a licensee as a contractor to prosecute a construction project or operation with reasonable diligence causing material injury to another constitutes a cause for disciplinary action. (Added by Stats. 1939, Ch. 37.)
  10. 7120.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor licensee, or that person’s agent or officer, may face disciplinary action for wilfully or deliberately failing to pay amounts due for materials or services, or for falsely denying the debt with intent to get a discount or to hinder, delay, or defraud the person owed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7120. Wilful or deliberate failure by any licensee or agent or officer thereof, to pay any moneys, when due for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient funds therefor as payment for the particular construction work, project, or operation for which the services or materials were rendered or purchased constitutes a cause for disciplinary action, as does the false denial of any such amount due or the validity of the claim thereof with intent to secure for himself, his employer, or other person, any discount upon such indebtedness or with intent to hinder, delay, or defraud the person to whom such indebtedness is due. (Added by Stats. 1939, Ch. 37.)
  11. 7121.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Certain persons with specified licensing discipline histories may not serve in key roles for a licensee, and a licensee’s employment or association of such a person—except as a nonsupervising bona fide employee—can trigger disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121. A person who has been denied a license for a reason other than failure to document sufficient satisfactory experience for a supplemental classification for an existing license, or who has had his or her license revoked, or whose license is under suspension, or who has failed to renew his or her license while it was under suspension, or who has been a partner, officer, director, manager, or associate of any partnership, corporation, limited liability company, firm, or association whose application for a license has been denied for a reason other than failure to document sufficient satisfactory experience for a supplemental classification for an existing license, or whose license has been revoked, or whose license is under suspension, or who has failed to renew a license while it was under suspension, and while acting as a partner, officer, director, manager, or associate had knowledge of or participated in any of the prohibited acts for which the license was denied, suspended, or revoked, shall be prohibited from serving as an officer, director, associate, partner, manager, qualifying individual, or member of the personnel of record of a licensee, and the employment, election, or association of this type of person by a licensee in any capacity other than as a nonsupervising bona fide employee shall constitute grounds for disciplinary action. (Amended by Stats. 2010, Ch. 698, Sec. 28. (SB 392) Effective January 1, 2011.)
  12. 7121.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A partner, officer, director, manager, or associate may still have to comply with a citation even after leaving the license, if they knew about or took part in the prohibited acts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.1. Notwithstanding any other provision of this chapter, the disassociation of a partner, officer, director, manager, or associate from the license of a partnership, corporation, limited liability company, firm, or association whose license has been cited pursuant to Section 7099 shall not relieve the partner, officer, director, manager, or associate from responsibility for complying with the citation if he or she had knowledge of, or participated in, any of the prohibited acts for which the citation was issued. Section 7121 shall apply to a partner, officer, director, manager, or associate of a licensee that fails to comply with a citation after it is final. (Amended by Stats. 2010, Ch. 698, Sec. 29. (SB 392) Effective January 1, 2011.)
  13. 7121.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A person tied to a revoked, suspended, or non-renewed-while-suspended contractor license must not serve as an officer, director, associate, partner, manager, or qualifying individual of a licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.5. A person who was the qualifying individual on a revoked license, or of a license under suspension, or of a license that was not renewed while it was under suspension, shall be prohibited from serving as an officer, director, associate, partner, manager, or qualifying individual of a licensee, whether or not the individual had knowledge of or participated in the prohibited acts or omissions for which the license was revoked, or suspended, and the employment, election, or association of that person by a licensee shall constitute grounds for disciplinary action. (Amended by Stats. 2010, Ch. 698, Sec. 30. (SB 392) Effective January 1, 2011.)
  14. 7121.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Certain people linked to a revoked contractor license must not perform regulated work for or on behalf of a licensee, except as a bona fide nonsupervising employee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.6. (a) An individual who meets all of the following criteria shall not perform any act regulated under this chapter for or on behalf of a licensee, other than as a bona fide nonsupervising employee: (1) The individual was listed as an officer, director, owner, manager, partner, or associate of a license that was revoked. (2) The individual had knowledge of or participated in any act or omission for which the license was revoked. (3) The individual is not eligible for reinstatement for licensure under Section 7102. (b) An individual who meets all of the following criteria shall not perform any act regulated under this chapter for or on behalf of a licensee, other than as a bona fide nonsupervising employee: (1) The individual furnished the qualifications for licensure, as set forth under Section 7068, and that license was revoked. (2) The individual served in the capacity of the qualifying individual during the commission or omission of any of the acts that resulted in the revocation of the license, whether or not he or she had knowledge of or participated in those acts. (3) The individual is not eligible for reinstatement for licensure under Section 7102. (c) A violation of this section is a misdemeanor punishable by a fine of not less than four thousand five hundred dollars ($4,500), by imprisonment in a county jail for not less than 90 days nor more than one year, or by both the fine and imprisonment. The penalty provided by this subdivision is cumulative to the penalties available under other laws of this state. (d) Notwithstanding any other provision of law to the contrary, an indictment for any violation of this section shall be found or an information or complaint filed within four years from the performance of any act that is prohibited under this section. (Amended by Stats. 2010, Ch. 698, Sec. 31. (SB 392) Effective January 1, 2011.)
  15. 7121.65.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Certain individuals must give their prospective employer written notice of a license revocation before starting work for an entity covered by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.65. Prior to becoming employed in any capacity by an entity that is subject to licensure under this chapter, an individual who is described in subdivision (a) or (b) of Section 7121.6 shall provide the prospective employer with written notice of the license revocation. (Added by Stats. 2006, Ch. 171, Sec. 2. Effective January 1, 2007.)
  16. 7121.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Certain licensed contractors and named license holders must not knowingly employ people described in Section 7121.6, unless they are bona fide nonsupervising employees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.7. (a) A qualifying individual, officer, partner, or other person named on a license shall not knowingly employ an individual who is described in subdivision (a) or (b) of Section 7121.6, except as a bona fide nonsupervising employee. (b) A violation of this section is a misdemeanor punishable by a fine of not less than four thousand five hundred dollars ($4,500), by imprisonment in a county jail for not less than 30 days nor more than one year, or by both the fine and imprisonment. (c) Notwithstanding any other provision of law to the contrary, an indictment for any violation of this section shall be found or an information or complaint filed within four years from the performance of any act that is prohibited under this section. (Added by Stats. 2006, Ch. 171, Sec. 3. Effective January 1, 2007.)
  17. 7121.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    This section defines “bona fide nonsupervising employee.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7121.8. For purposes of this article, “bona fide nonsupervising employee” means a person who is exempt from the provisions of this chapter under Section 7053, and who does not otherwise meet the test of an independent contractor, as set forth under Section 2750.5 of the Labor Code. (Added by Stats. 2006, Ch. 171, Sec. 4. Effective January 1, 2007.)
  18. 7122.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee can face disciplinary action for another person or entity’s misconduct if the licensee was in a listed role and knew about or took part in the misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7122. The performance by an individual, partnership, corporation, limited liability company, firm, or association of an act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against a licensee other than the individual qualifying on behalf of the individual or entity, if the licensee was a partner, officer, director, manager, or associate of that individual, partnership, corporation, limited liability company, firm, or association at the time the act or omission occurred, and had knowledge of or participated in the prohibited act or omission. (Amended by Stats. 2010, Ch. 698, Sec. 32. (SB 392) Effective January 1, 2011.)
  19. 7122.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A qualifying individual who leaves a license after the conduct leading to a citation still remains responsible for complying with that citation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7122.1. Notwithstanding Section 7068.2 or any other provision of this chapter, the disassociation of a qualifying individual from a license after the act or omission has occurred that resulted in a citation pursuant to Section 7099 shall not relieve the qualifying individual from responsibility for complying with the citation. Section 7122.5 shall apply to a qualifying individual of a licensee that fails to comply with a citation after it is final. (Amended by Stats. 2010, Ch. 698, Sec. 33. (SB 392) Effective January 1, 2011.)
  20. 7122.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A qualifying individual remains responsible for complying with an arbitration award even after disassociating from the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7122.2. (a) Notwithstanding Section 7068.2 or any other provisions of this chapter, the disassociation of a qualifying individual from a license that has been referred to arbitration pursuant to Section 7085 shall not relieve the qualifying individual from the responsibility of complying with an arbitration award rendered as a result of acts or omissions committed while acting as the qualifying individual for the license as provided under Sections 7068 and 7068.1. (b) Section 7122.5 shall apply to a qualifying individual of a licensee that fails to comply with an arbitration award once it is rendered. (Amended by Stats. 2010, Ch. 698, Sec. 34. (SB 392) Effective January 1, 2011.)
  21. 7122.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensee can face disciplinary action if, when an act or omission occurred, they were the qualifying individual for the business involved, even if they did not know about or take part in it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7122.5. The performance by an individual, partnership, corporation, limited liability company, firm, or association of an act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against a licensee who at the time that the act or omission occurred was the qualifying individual of that individual, partnership, corporation, limited liability company, firm, or association, whether or not he or she had knowledge of or participated in the prohibited act or omission. (Amended by Stats. 2010, Ch. 698, Sec. 35. (SB 392) Effective January 1, 2011.)
  22. 7123.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A contractor’s conviction for a crime substantially related to contractor qualifications, functions, or duties can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7123. A conviction of a crime substantially related to the qualifications, functions and duties of a contractor constitutes a cause for disciplinary action. The record of the conviction shall be conclusive evidence thereof. (Amended by Stats. 1978, Ch. 1161.)
  23. 7123.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If a contractor is convicted of certain prostitution-related violations connected to repair or reconstruction services, the Contractors State License Board must take disciplinary action, including at least a six-month suspension or permanent license revocation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7123.5. If a contractor is convicted of violating Section 396 of the Penal Code or any substantially similar local ordinance in connection with the sale, or offer for sale, of repair or reconstruction services, as defined in Section 396 of the Penal Code, the Contractors State License Board shall take disciplinary action against the contractor, which shall include a suspension of at least six months or the permanent revocation of the contractor’s license. (Amended by Stats. 2020, Ch. 312, Sec. 63. (SB 1474) Effective January 1, 2021.)
  24. 7124.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A conviction can count as a conviction for this article, and the board may suspend, revoke, or refuse a license after appeal ends or the conviction is affirmed, even if later criminal relief is granted under Penal Code section 1203.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7124. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Added by Stats. 1955, Ch. 1532.)
  25. 7124.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar must disclose certain complaint and disciplinary information about contractor licensees, and the board must attach a disclaimer to complaint disclosures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7124.6. (a) The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following: (1) Have been referred for accusation. (2) Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractor’s license or criminal prosecution. (b) The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint. (c) (1) A complaint resolved in favor of the contractor shall not be subject to disclosure. (2) A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of either one year or two years from the date of service described in subdivision (c) of Section 7099.9. For the limited purposes of this paragraph, the determination regarding the one- or two-year disclosure shall be made based on the factors enumerated in subdivision (a) of Section 7099.2. (d) Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions. (e) Disclosure of legal actions shall be limited as follows: (1) (A) Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed. (B) Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation. (C) The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation. (2) Accusations that result in suspension, stayed suspension, or stayed revocation of the contractor’s license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed. (3) All revocations that are not stayed shall be disclosed indefinitely from the effective date of the revocation. (Amended by Stats. 2022, Ch. 293, Sec. 1. (AB 2916) Effective January 1, 2023.)
  26. 7125.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    The registrar must accept certain certificates and reinstate the related license, including a limited exception when the delay was beyond the licensee’s control.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.1. (a) The registrar shall accept a certificate required by Section 7125 as of the effective date shown on the certificate, if the certificate is received by the registrar within 90 days after that date, and shall reinstate the license to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate. (b) Notwithstanding subdivision (a), the registrar shall accept the certificate as of the effective date shown on the certificate, even if the certificate is not received by the registrar within 90 days after that date, upon a showing by the licensee, on a form acceptable to the registrar, that the failure to have a certificate on file was due to circumstances beyond the control of the licensee. The registrar shall reinstate the license to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate. (Repealed and added by Stats. 1995, Ch. 467, Sec. 18. Effective January 1, 1996.)
  27. 7125.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    If a licensee fails to obtain or keep required workers’ compensation insurance, the license is automatically suspended.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.2. The failure of a licensee to obtain or maintain workers’ compensation insurance coverage, if required under this chapter, shall result in the automatic suspension of the license by operation of law in accordance with the provisions of this section, but this suspension shall not affect, alter, or limit the status of the licensee as an employer for purposes of Section 3716 of the Labor Code. (a) The license suspension imposed by this section is effective upon the earlier of either of the following: (1) On the date that the relevant workers’ compensation insurance coverage lapses. (2) On the date that workers’ compensation coverage is required to be obtained. (b) A licensee who is subject to suspension under paragraph (1) of subdivision (a) shall be provided a notice by the registrar that includes all of the following: (1) The reason for the license suspension and the effective date. (2) A statement informing the licensee that a pending suspension will be posted to the license record for not more than 45 days prior to the posting of any license suspension periods required under this article. (3) The procedures required to reinstate the license. (c) Reinstatement may be made at any time following the suspension by showing proof of compliance as specified in Sections 7125 and 7125.1. (d) In addition, with respect to an unlicensed individual acting in the capacity of a contractor who is not otherwise exempted from the provisions of this chapter, a citation may be issued by the registrar under Section 7028.7 for failure to comply with this article and to maintain workers’ compensation insurance. An opportunity for a hearing as specified in Section 7028.10 will be granted if requested within 15 working days after service of the citation. (Amended by Stats. 2002, Ch. 311, Sec. 5. Effective January 1, 2003.)
  28. 7125.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    A contractor is treated as duly licensed while the registrar must accept the Section 7125 certificate, if the licensee has otherwise complied with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.3. A contractor shall be considered duly licensed during all periods in which the registrar is required to accept the certificate prescribed by Section 7125, provided the licensee has otherwise complied with the provisions of this chapter. (Added by Stats. 2002, Ch. 311, Sec. 6. Effective January 1, 2003.)
  29. 7125.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    This section penalizes false exemption certificates or employing covered workers without the required workers’ compensation proof or coverage, and it bars the board from renewing or reinstating a license until current proof is provided.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.4. (a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers’ compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers’ compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action, including, but not limited to, the following civil penalties: (1) A minimum civil penalty of ten thousand dollars ($10,000) per violation for any sole owner licensee found to have employed workers without maintaining workers’ compensation coverage. (2) A minimum civil penalty of twenty thousand dollars ($20,000) per violation for any partnership, corporation, limited liability company, or tribal business licensee found to have employed workers without maintaining workers’ compensation coverage. (3) Additional civil penalties for any subsequent violations, not to exceed a total of thirty thousand dollars ($30,000) per occurrence. (b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section. (c) The board shall not renew or reinstate a license in violation of this section until the applicant or licensee provides the board with a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in the applicant’s or licensee’s business name. (Amended by Stats. 2025, Ch. 455, Sec. 3. (SB 291) Effective January 1, 2026.)
  30. 7125.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    At renewal, certain licensees with a workers’ compensation exemption on file must recertify the exemption or provide a valid insurance/self-insurance certificate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.5. (a) At the time of renewal, all active licensees with an exemption for workers’ compensation insurance on file with the board, submitted pursuant to subdivision (b) of Section 7125, shall either recertify the licensee’s exemption by completing a recertification statement on the license renewal form, as provided by the board, or shall provide a current and valid Certificate of Workers’ Compensation Insurance or Certificate of Self-Insurance, whichever is applicable. (b) The license shall not be renewed unless a licensee with an exemption for workers’ compensation insurance on file with the board recertifies the exemption status or provides a current and valid Certificate of Workers’ Compensation Insurance or Certificate of Self-Insurance in conjunction with the license renewal. (c) If the documentation required by subdivision (a) is not provided with the license renewal but is received within 30 days after notification by the board of the renewal rejection, the registrar shall grant a retroactive renewal pursuant to Section 7141.5 back to the date of the postmark of the otherwise acceptable renewal. A renewal that is still incomplete for any reason after 30 days after notification of rejection shall not be eligible for retroactive renewal under this subdivision. (Added by Stats. 2011, Ch. 546, Sec. 1. (AB 397) Effective January 1, 2012.)
  31. 7125.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    At renewal, certain active licensees must certify their workers’ compensation classification codes on the renewal form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.6. (a) (1) At the time of renewal, all active licensees who have on file a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance, or who are required to provide those certificates pursuant to subdivision (a) of Section 7125, shall certify on the license renewal form for the three workers’ compensation classification codes for which the highest estimated payroll is reported on the policy. If the licensee has fewer than three classification codes reported on the policy, the licensee shall provide every classification code reported on the policy. (2) The board shall not be required to verify or investigate the accuracy of the licensee’s classification code or codes provided by the licensee pursuant to paragraph (1). (3) The board shall not be held liable for any classification code or codes misreported by a licensee. (b) (1) Except as provided in paragraph (2), a license shall not be renewed unless the licensee complies with this section. (2) If the documentation and information required by subdivision (a) is not provided with the license renewal form but is received within 30 days after notification by the board of the renewal rejection, the registrar shall grant a retroactive renewal pursuant to Section 7141.5 back to the date of the postmark of the otherwise acceptable renewal. A renewal that is still incomplete for any reason more than 30 days after notification of rejection shall not be eligible for retroactive renewal under this subdivision. (c) When the board updates the public license detail on its internet website for an active renewal submitted by a licensee pursuant to this section, the update shall include the classification code or codes certified by the licensee pursuant to subdivision (a). (d) This section shall become operative on July 1, 2024. (Amended by Stats. 2024, Ch. 80, Sec. 10. (SB 1525) Effective January 1, 2025.)
  32. 7125.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    The board must create a verification process by January 1, 2027 to check exemption eligibility from workers’ compensation insurance for certain applicants or licensees, and it must report the proposed process to the Legislature by that date.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7125.7. (a) By no later than January 1, 2027, the board shall establish a process and procedure, which shall include an audit, proof, or other means to obtain evidence to verify that an applicant or licensee without an employee or employees is eligible for exemption from the workers’ compensation insurance requirement pursuant to Section 7125. The board shall report its proposed verification process to the Legislature no later than January 1, 2027. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2025, Ch. 455, Sec. 4. (SB 291) Effective January 1, 2026.)
  33. 7126.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    A licensee, agent, or officer who violates this article, or an unlicensed person acting as a contractor who violates Labor Code Section 3700, is guilty of a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7126. (a) Any licensee or agent or officer thereof, who violates, or omits to comply with, any of the provisions of this article is guilty of a misdemeanor. (b) Any person not licensed in accordance with this chapter who is acting as a contractor and who violates, or omits to comply with, Section 3700 of the Labor Code is guilty of a misdemeanor. (c) Prosecution of any offense under this section shall be commenced within two years after commission of the offense as provided in Section 802 of the Penal Code. (Amended by Stats. 2018, Ch. 323, Sec. 1. (AB 2705) Effective January 1, 2019.)
  34. 7127.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. )

    Verify source ↗

    If an employer covered by this chapter has not secured required compensation, the registrar may issue a stop order. The employer can request a hearing, and affected employees must be paid for lost time up to 10 days. Ignoring a stop order can be a misdemeanor with jail, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7.5. Workers’ Compensation Insurance Reports [7125 - 7127] ( Heading of Article 7.5 amended by Stats. 1991, Ch. 1160, Sec. 37. ) ## 7127. (a) (1) If an employer subject to licensure under this chapter has failed to secure the payment of compensation as required by Section 3700 of the Labor Code, and whether that employer is or is not licensed under this chapter, the registrar may, in addition to any other administrative remedy, issue and serve on that employer a stop order prohibiting the use of employee labor. The stop order shall become effective immediately upon service. An employee affected by the work stoppage shall be paid by the employer for his or her time lost, not exceeding 10 days, pending compliance by the employer. (2) Failure of any employer, officer, or any person having direction, management, or control of any place of employment or of employees to observe a stop order issued and served upon him or her pursuant to this section is a misdemeanor punishable by imprisonment in the county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both. (b) An employer who is subject to this section may protest the stop order by making and filing with the registrar a written request for a hearing within 20 days after service of the stop order. The hearing shall be held within five days from the date of filing the request. The registrar shall notify the employer of the time and place of the hearing by mail. At the conclusion of the hearing, the stop order shall be immediately affirmed or dismissed, and within 24 hours thereafter the registrar shall issue and serve on all parties to the hearing by registered or certified mail a written notice of findings and findings. A writ of mandate may be taken from the findings to the appropriate superior court. Such writ must be taken within 45 days after the mailing of the notice of findings and findings. (Added by Stats. 2010, Ch. 643, Sec. 1. (SB 1254) Effective January 1, 2011.)
  35. 7135.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Money from contractor fees and civil penalties goes into the Contractors License Fund, and the board is to use appropriated fund money to improve administrative and investigative oversight.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7135. (a) The fees and civil penalties received under this chapter shall be deposited in the Contractors License Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter. (b) It is the intent of the Legislature that the board shall use moneys appropriated from the fund to improve its administrative and investigative oversight activities and capacity. (Amended by Stats. 2020, Ch. 312, Sec. 64. (SB 1474) Effective January 1, 2021.)
  36. 7135.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Each fiscal year, the board must set aside at least 20% of certain fee revenue for enforcing this chapter against unlicensed activity, if Budget Act appropriations and control language allow it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7135.1. It is the intent of the Legislature that, each fiscal year the board shall designate, if appropriated in the Budget Act and to the extent that it does not conflict with the control language of the Budget Act, no less than 20 percent of the annual amount collected as a result of the fees increased by statutes enacted during the 1993 portion of the 1993–94 Regular Session to be used to enforce the provision of this chapter relative to unlicensed activity. (Added by Stats. 1993, Ch. 1188, Sec. 1. Effective January 1, 1994.)
  37. 7136.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The director must set aside and transfer up to 10% of the Contractors State License Board’s annual income to the Consumer Affairs Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7136. The director shall designate a sum not to exceed 10 percent of the total income of the Contractors State License Board for each fiscal year to be transferred to the Consumer Affairs Fund as the board’s share of the cost of administration of the department. (Amended by Stats. 2020, Ch. 312, Sec. 65. (SB 1474) Effective January 1, 2021.)
  38. 7137.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The board may set contractor fees by regulation, and the section lists specific application, renewal, examination, and miscellaneous fee amounts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7137. (a) The board may set fees by regulation. These fees shall be set according to the following schedule: (1) Application fees shall be set as follows: (A) The application fee for an original license in a single classification shall be four hundred fifty dollars ($450) and may be increased to not more than five hundred sixty-three dollars ($563). (B) The application fee for each additional classification applied for in connection with an original license shall be one hundred fifty dollars ($150) and may be increased to not more than one hundred eighty-eight dollars ($188). (C) The application fee for each additional classification pursuant to Section 7059 shall be two hundred thirty dollars ($230) and may be increased to not more than two hundred eighty-eight dollars ($288). (D) The application fee to replace a responsible managing officer, responsible managing manager, responsible managing member, or responsible managing employee pursuant to Section 7068.2 shall be two hundred thirty dollars ($230) and may be increased to not more than two hundred eighty-eight dollars ($288). (E) The application fee to add personnel, other than a qualifying individual, to an existing license shall be one hundred twenty-five dollars ($125) and may be increased to not more than one hundred fifty-seven dollars ($157). (F) The application fee for an asbestos certification shall be one hundred twenty-five dollars ($125) and may be increased to not more than one hundred fifty-seven dollars ($157). (G) The application fee for a hazardous substance removal or remedial action certification shall be one hundred twenty-five dollars ($125) and may be increased to not more than one hundred fifty-seven dollars ($157). (2) The fee to take an examination conducted or administered by a public or private organization pursuant to Section 7065 shall be no greater than the actual cost of the administration of the examination and shall be paid directly to the organization by the applicant. (3) Initial license and registration fees shall be set as follows: (A) The initial license fee for an active or inactive license for an individual owner shall be two hundred dollars ($200) and may be increased to not more than two hundred fifty dollars ($250). (B) The initial license fee for an active or inactive license for a partnership, corporation, limited liability company, or joint venture shall be three hundred fifty dollars ($350) and may be increased to not more than four hundred thirty-eight dollars ($438). (C) The registration fee for a home improvement salesperson shall be two hundred dollars ($200) and may be increased to not more than two hundred fifty dollars ($250). (D) (i) The board shall grant a 50-percent reduction in the fees prescribed by this paragraph to an applicant who is a veteran of the United States Armed Forces, including the National Guard or Reserve components, and was not dishonorably discharged. (ii) To demonstrate discharge grade at the time of the board’s request for the initial license or registration fee, the applicant shall provide the board a copy of a current and valid driver’s license or identification card issued by this state or another state with the word “Veteran” printed on its face or a copy of their DD214 long form. (4) License and registration renewal fees shall be set as follows: (A) The renewal fee for an active license for an individual owner shall be four hundred fifty dollars ($450) and may be increased to not more than five hundred sixty-three dollars ($563). (B) The renewal fee for an inactive license for an individual owner shall be three hundred dollars ($300) and may be increased to not more than three hundred seventy-five dollars ($375). (C) The renewal fee for an active license for a partnership, corporation, limited liability company, or joint venture shall be seven hundred dollars ($700) and may be increased to not more than eight hundred seventy-five dollars ($875). (D) The renewal fee for an inactive license for a partnership, corporation, limited liability company, or joint venture shall be five hundred dollars ($500) and may be increased to not more than six hundred twenty-five dollars ($625). (E) The renewal fee for a home improvement salesperson registration shall be two hundred dollars ($200) and may be increased to not more than two hundred fifty dollars ($250). (5) The delinquency fee is an amount equal to 50 percent of the renewal fee, if the license is renewed after its expiration. (6) Miscellaneous fees shall be set as follows: (A) In addition to any other fees charged to C-10 contractors, the board shall charge a fee of twenty dollars ($20), to be assessed with the renewal fee for an active license, which shall be used by the board to enforce provisions of the Labor Code related to electrician certification. (B) The board shall require a licensee that is subject to a public complaint requiring a professional or expert investigation or inspection and report pursuant to Section 7019 to pay those reasonable fees that are necessary to cover the costs of that investigation or inspection and report, in accordance with the following provisions: (i) Fees shall be fixed in an amount not more than the board’s cost of contracting for the investigation or inspection and report, except that the minimum fee shall be one hundred dollars ($100) for each investigation or inspection and report and may be increased to not more than one thousand dollars ($1,000) for each investigation or inspection and report. (ii) The fee shall only be assessed for an investigation or inspection and report that resulted in issuance of a letter of admonishment or a citation pursuant to Sections 7099 and 7099.9 that has become a final order of the registrar. (iii) A license shall not be renewed without payment of the renewal fee and all fees for the investigation or inspection and report pursuant to this subparagraph. (C) The service fee to deposit with the registrar lawful money or cashier’s check pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure for purposes of compliance with any provision of Article 5 (commencing with Section 7065) shall be one hundred dollars ($100), which shall be used by the board only to process each deposit filed with the registrar, to cover the reasonable costs to the registrar for holding money or cashier’s checks in trust in interest bearing deposit or share accounts, and to offset the costs of processing payment of lawful claims against a deposit in a civil action. (D) The fee for the processing and issuance of a duplicate copy of any certificate of licensure or other form evidencing licensure or renewal of licensure pursuant to Section 122 shall be twenty-five dollars ($25). (E) The fee to change the business name of a license as it is recorded under this chapter shall be one hundred dollars ($100) and may be increased to not more than one hundred twenty-five dollars ($125). (F) The service charge for a dishonored check authorized by Section 6157 of the Government Code shall be twenty-five dollars ($25) for each check. (b) The board shall, by regulation, establish criteria for the approval of expedited processing of applications. Approved expedited processing of applications for licensure or registration, as required by other provisions of law, shall not be subject to this subdivision. (Amended by Stats. 2025, Ch. 592, Sec. 19. (SB 861) Effective January 1, 2026.)
  39. 7137.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    $10,000 must be transferred from the Contractors License Fund to the Controller for the California Uniform Construction Cost Accounting Commission’s exclusive use, and the commission must later reimburse the fund if the funding program is adopted.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7137.5. The sum of ten thousand dollars ($10,000) shall be transferred from the Contractors License Fund to the Controller for the exclusive use of the California Uniform Construction Cost Accounting Commission. The commission shall prepare a recommendation to the Legislature for a local public agency source to fund the commission beginning July 1, 1991, which will provide revenue supported by the contract activities represented by the commission’s authority. Upon adoption of this funding program, the commission shall reimburse the Contractors License Fund in the amount of ten thousand dollars ($10,000). (Amended by Stats. 2020, Ch. 312, Sec. 67. (SB 1474) Effective January 1, 2021.)
  40. 7138.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A fee paid for a service or application covered by Section 7137 goes to the Contractors License Fund as an earned fee and cannot be refunded.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7138. Notwithstanding any other provision of law, a fee paid in connection with a service or application covered by Section 7137 shall accrue to the Contractors License Fund as an earned fee and shall not be refunded. (Amended by Stats. 2020, Ch. 312, Sec. 68. (SB 1474) Effective January 1, 2021.)
  41. 7138.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The board must set fees collected under Section 7137 so the revenue keeps the board’s reserve fund at roughly no more than 12 months of annual authorized expenditures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8. Revenue [7135 - 7138.1] ( Article 8 added by Stats. 1939, Ch. 37. ) ## 7138.1. Notwithstanding Section 7137, the board shall fix fees to be collected pursuant to that section in order to generate revenues sufficient to maintain the board’s reserve fund at a level not to exceed approximately 12 months of annual authorized board expenditures. (Amended by Stats. 2025, Ch. 233, Sec. 5. (SB 779) Effective January 1, 2026.)
  42. 7139.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    This section names the article the Construction Management Education Sponsorship Act of 1991.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139. This article shall be known as the Construction Management Education Sponsorship Act of 1991. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  43. 7139.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    The Legislature says there is a need for construction management education programs and encourages contractors to support them through their licensure fees and contributions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.1. The Legislature hereby finds and declares all of the following: (a) There is a demand and increasing need for construction management education programs and resources within the postsecondary education system that prepare graduates for the management of construction operations and companies regulated by the Contractors State License Law and enforced by the Contractors State License Board. (b) Although construction management programs do exist within the state university system, these programs are woefully underfunded and insufficiently funded to provide training on state-of-the-art management information systems for either graduates or extension programs for continuing education of licensed contractors. Construction industry associations have provided some assistance through direct grants and scholarships, but the industrywide service of these programs and the need for additional assistance mandates broad based industrywide support. (c) It is the intent of the Legislature that by enabling contractors to designate a portion of their licensure fee and providing a format for contractors to contribute funds to construction management education, this article will receive broad based industry support. In addition, this article allows the contractor to demonstrate the importance of construction management education. This assistance will enable greater development of construction management curricula and will improve the overall quality of construction by providing construction management training to California licensed contractors and their current and future management personnel. (Amended by Stats. 2020, Ch. 312, Sec. 69. (SB 1474) Effective January 1, 2021.)
  44. 7139.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    The Legislature states that grants under this section should be funded only from the Contractors’ License Fund, and only if money is available there.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.10. It is the intent of the Legislature that state funding for the grants authorized to be awarded under this section be provided only from the Contractors’ License Fund to the extent that funds are available in that fund and that no other state funding be provided for those grants. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  45. 7139.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    This section creates the Construction Management Education Account and sets rules for contributions, grant deposits, and how license fee forms must describe the contribution option.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.2. (a) There is hereby created the Construction Management Education Account (CMEA) as a separate account in the Contractors License Fund for the purposes of construction management education. Funds in the account shall be available for the purposes of this article upon appropriation by the Legislature. (b) The Contractors State License Board shall allow a contractor to make a contribution to the Construction Management Education Account at the time of the contractor license fee payment. The license fee form shall clearly display this alternative on its face and shall clearly inform the licensee that this provision is a contribution to the Construction Management Education Account and is in addition to the fees. (c) The board may accept grants from federal, state, or local public agencies, or from private foundations or individuals, in order to assist it in carrying out its duties, functions, and powers under this article. Grant moneys shall be deposited into the Construction Management Education Account. (Amended by Stats. 2020, Ch. 312, Sec. 70. (SB 1474) Effective January 1, 2021.)
  46. 7139.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    The board may award grants for construction management courses, must establish an advisory committee, and may not give more than 25% of available funds to one public postsecondary institution.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.3. (a) The board may award grants to qualified public postsecondary educational institutions for the support of courses of study in construction management. (b) Any organization of contractors, or organization of contractor organizations, incorporated under Division 2 (commencing with Section 5000) of the Corporations Code may request the board to award grants pursuant to subdivision (a) directly to qualified public postsecondary educational institutions of its choice. However, the total amount of money that may be awarded to one public postsecondary educational institution pursuant to subdivision (a) may not exceed an amount equal to 25 percent of the total funds available under this article. (c) The board shall establish an advisory committee to recommend grant awards. The advisory committee shall be known as the Construction Management Education Account Advisory Committee and shall consist of 11 members, with at least one representative from each of the following: Associated General Contractors of California, Associated Builders and Contractors, California Building Industry Association, National Electrical Contractors Association, Plumbing-Heating-Cooling Contractor’s Association, Southern California Contractor’s Association, Associated General Contractors of San Diego, Engineering and Utility Contractors Association, Engineering Contractors Association, California Sheet Metal and Air Conditioning Contractor’s Association, and one member representing the California State University and University of California construction management programs accredited by the American Council for Construction Education. Advisory committee member terms shall be for three years and the representatives shall be appointed by each identified group. Members of the advisory committee shall not receive per diem or reimbursement for traveling and other expenses pursuant to Section 103. (d) The mission of the Construction Management Education Account Advisory Committee is to maintain, and increase the quality and availability of, education programs for the construction industry. The primary focus is to provide financial resources not now available to accredited construction management programs in California colleges and universities to maintain and upgrade facilities and provide greater access by the industry to modern construction standards and management practices. The advisory committee shall do all of the following: (1) Confirm the qualifications of programs applying for grants. (2) Award less than full grants when the account has insufficient funds to award full grants to all qualifying programs. (3) Receive and review year-end reports of use and impact of funds. (4) Affirm applications for American Council for Construction Education accreditation and, when funds are available, award grants to complete the accreditation process. (5) Promote close ties between feeder junior colleges and four-year construction management programs. (6) Support development of new educational programs with specific emphasis on outreach to the construction industry at large. (Amended by Stats. 1994, Ch. 647, Sec. 1. Effective January 1, 1995.)
  47. 7139.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    Qualified public postsecondary educational institutions must provide baccalaureate-or-higher construction management programs that meet one of the listed accreditation, degree, placement, or curriculum options.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.4. Qualified public postsecondary educational institutions shall provide postsecondary construction management programs at the baccalaureate or higher level that either award or provide one of the following: (a) A bachelor of science construction management degree accredited by the American Council for Construction Education. (b) A degree with an American Council for Construction Education accredited option, including, but not limited to, engineering technology and industrial technology. (c) A bachelor of science or higher degree program documenting placement of more than 50 percent of their graduates with California licensed contractors. The placement of a person who holds a master or doctorate degree in the faculty of a construction program shall be counted as though placed with a California licensed contractor. (d) The development of a construction management curriculum to meet the American Council for Construction Education criteria. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  48. 7139.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    This section sets grant amounts and timing for qualifying public postsecondary educational institutions, and lets the board continue grants in some cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.5. Grants shall be made pursuant to this article to public postsecondary educational institutions that meet the qualifications specified in Section 7139.4 in the following amounts: (a) Three thousand dollars ($3,000) per graduate during the past academic year for institutions qualifying under subdivision (a) of Section 7139.4. (b) Three thousand dollars ($3,000) per graduate during the past academic year for institutions qualifying under subdivision (b) of Section 7139.4. (c) Three thousand dollars ($3,000) per graduate placed with California licensed contractors during the past academic year for institutions qualifying under subdivision (c) of Section 7139.4. These funds shall be used for the purpose of becoming accredited by the American Council for Construction Education and shall be available for up to three years. The board may continue to provide this grant to an institution that in its judgment is meeting the intent of this act and is continuing its development towards accreditation. (d) Institutions qualifying under subdivision (d) of Section 7139.4 may receive a grant in an amount up to twenty-five thousand dollars ($25,000) per year for up to two years. Thereafter, these institutions may receive grants based upon the criteria described in subdivisions (a) to (c), inclusive. The board may continue to award a grant to an institution that in its judgment is meeting the intent of this article and is continuing its development towards accreditation. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  49. 7139.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    Grant money may be used for specified instructional, staffing, outreach, and operating expenses, but not faculty salary supplements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.6. (a) The grants issued pursuant to Sections 7139.3 and 7139.5 may be used for all of the following: (1) Instructional materials and support, equipment, curriculum development, and delivery. (2) Support and development of outreach, continuing education, and cooperative education or internship programs. (3) Administrative and clerical support positions. (4) Faculty recruitment and development, to include support for postgraduate work leading to advanced degrees, visiting lecturer compensation and expenses, teaching assistant positions, and faculty positions. (b) Grant moneys may also be used to support general classroom and laboratory operating expenses and related administrative supplies, including, but not limited to, reference materials, testing equipment, and equipment maintenance. The list of support items in this subdivision and subdivision (a) are intended to be descriptive rather than limiting. “Support” does not include faculty salary supplements. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  50. 7139.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    Each qualifying public postsecondary institution president must file an annual report to the board with the grant request, starting after the initial grant year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.8. The president of each public postsecondary educational institution receiving a grant under this article shall submit, with its respective request for a grant each year following the initial year for which grants are issued, a report to the board delineating the amount of the past grant awarded from the Construction Management Education Account to that institution and the utilization of those funds. The report shall include, but not be limited to, the following: (a) The number of graduates placed with the California licensed contractors during the previous academic year. (b) The expected enrollment in construction management courses in the upcoming academic year. (c) Continuing education and extension courses offered during the previous academic year and their enrollments. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  51. 7139.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. )

    Verify source ↗

    The board may spend up to $15,000 each year from the Construction Management Education Account to administer this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 8.5. The Construction Management Education Sponsorship Act of 1991 [7139 - 7139.10] ( Article 8.5 added by Stats. 1991, Ch. 1158, Sec. 1. ) ## 7139.9. The board may allocate up to fifteen thousand dollars ($15,000) per year from the Construction Management Education Account for the administration of this article. (Added by Stats. 1991, Ch. 1158, Sec. 1.)
  52. 7140.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    Contractors’ licenses issued under this chapter expire after two years. To renew an unexpired license, the licensee must apply before expiration on a registrar-prescribed form and pay the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7140. All licenses issued under the provisions of this chapter shall expire two years from the last day of the month in which the license is issued, or two years from the date on which the renewed license last expired. To renew a license which has not expired, the licensee shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the registrar and pay the renewal fee prescribed by this chapter. Renewal of an unexpired license shall continue the license in effect for the two-year period following the expiration date of the license, when it shall expire if it is not again renewed. (Amended by Stats. 1991, Ch. 1160, Sec. 39.)
  53. 7141.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    An expired contractor license may be renewed within five years by filing a renewal application on the registrar’s form and paying the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7141. (a) Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration by filing an application for renewal on a form prescribed by the registrar and payment of the appropriate renewal fee. Renewal under this section shall be effective on the date an acceptable renewal application is filed with the board. The licensee shall be considered unlicensed and there will be a break in the licensing time between the expiration date and the date the renewal becomes effective. Except as provided in subdivision (b), if the license is renewed after the expiration date, the licensee shall also pay the delinquency fee prescribed by this chapter. (b) An incomplete renewal application that had originally been submitted on or before the license expiration date shall be returned to the licensee by the registrar with an explanation of the reasons for its rejection. If a corrected and acceptable renewal application is not returned within 30 days after the license expiration date, the delinquency fee shall apply. The 30 day grace period shall apply only to the delinquency fee. The license shall reflect an expired status for any period between the expiration date and the date of submission of a correct and acceptable renewal application. (c) If so renewed, the license shall continue in effect through the date provided in Section 7140 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (d) If a license is not renewed within five years, the licensee shall make an application for a license pursuant to Section 7066. (Amended by Stats. 2013, Ch. 319, Sec. 9. (SB 822) Effective January 1, 2014.)
  54. 7141.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    The registrar must grant retroactive renewal of a license if the eligible licensee applies within 90 days after expiration and pays the required renewal and delinquency fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7141.5. The registrar shall grant the retroactive renewal of a license if, within 90 days of the expiration of the license, the otherwise eligible licensee submits a completed application for renewal on a form prescribed by the registrar, and pays the appropriate renewal fee and delinquency fee prescribed by this chapter. For the purposes of this section, an application shall be deemed submitted if it is delivered to the board’s headquarters or postmarked within 90 days of the expiration of the license. (Amended by Stats. 2020, Ch. 312, Sec. 71. (SB 1474) Effective January 1, 2021.)
  55. 7143.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    A suspended license must be renewed as provided in the chapter, but the licensee may not use it to do licensed work while it stays suspended and until reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7143. A license that is suspended for any reason which constitutes a basis for suspension under this chapter, is subject to expiration and shall be renewed as provided in this chapter, but this renewal does not entitle the licensee, while the license remains suspended, and until it is reinstated, to engage in any activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (Amended by Stats. 2003, Ch. 363, Sec. 8. Effective January 1, 2004.)
  56. 7143.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    A person who cannot renew a license under Section 7141 may get a new license only by paying all fees and meeting all original-licensing qualifications and requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7143.5. A person who, by reason of the provisions of Section 7141, is not entitled to renew his license, may apply for and obtain a new license only if he pays all of the fees and meets all of the qualifications and requirements set forth in this chapter for obtaining an original license. (Amended by Stats. 1972, Ch. 1138.)
  57. 7144.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

    Verify source ↗

    A revoked license is treated as expired on the revocation date and cannot be renewed. A licensee may seek reinstatement only by paying all fees and meeting the chapter’s original-license qualifications and requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7144. A revoked license shall be considered as having expired as of the date of revocation and shall not be renewed. To reinstate a revoked license a licensee may apply for reinstatement of the license only if he pays all of the fees and meets all of the qualifications and requirements set forth in this chapter for obtaining an original license. (Amended by Stats. 1974, Ch. 433.)
  58. 7145.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

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    The registrar may refuse to renew a license if the licensee does not complete the renewal application. If a rejected renewal application is not returned within 90 days, it is deemed abandoned and cannot be reinstated, though the applicant may submit a new application with the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7145. The registrar may refuse to renew a license for the failure or refusal by the licensee to complete the renewal application prescribed by the registrar. If a licensee fails to return an application for renewal which was rejected for insufficiency or incompleteness within 90 days from the original date of rejection, the application and fee shall be deemed abandoned. Any application abandoned may not be reinstated. However, the applicant may file another application accompanied by the required fee. The registrar may review and accept the petition of a licensee who disputes the invalidation of his or her application for renewal upon a showing of good cause. This petition shall be received within 90 days from the date the renewal application is deemed abandoned. (Amended by Stats. 1984, Ch. 1174, Sec. 12.)
  59. 7145.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. )

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    The registrar may refuse, renew-related action, or suspend a contractor license if outstanding final liabilities are not resolved; the law also requires notice, disclosure authorization in applications, and gives a narrow exception for certain installment agreements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 9. Renewal of Licenses [7140 - 7145.5] ( Article 9 added by Stats. 1941, Ch. 971. ) ## 7145.5. (a) The registrar may refuse to issue, reinstate, reactivate, or renew a license or may suspend a license for the failure of a licensee to resolve all outstanding final liabilities, which include taxes, additions to tax, penalties, interest, and any fees that may be assessed by the board, the Department of Industrial Relations, the Employment Development Department, the Franchise Tax Board, or the State Board of Equalization. (1) Until the debts covered by this section are satisfied, the qualifying person and any other personnel of record named on a license that has been suspended under this section shall be prohibited from serving in any capacity that is subject to licensure under this chapter, but shall be permitted to act in the capacity of a nonsupervising bona fide employee. (2) The license of any other renewable licensed entity with any of the same personnel of record that have been assessed an outstanding liability covered by this section shall be suspended until the debt has been satisfied or until the same personnel of record disassociate themselves from the renewable licensed entity. (b) The refusal to issue a license or the suspension of a license as provided by this section shall be applicable only if the registrar has mailed a notice preliminary to the refusal or suspension that indicates that the license will be refused or suspended by a date certain. This preliminary notice shall be mailed to the licensee at least 60 days before the date certain. (c) In the case of outstanding final liabilities assessed by the Franchise Tax Board, this section shall be operative within 60 days after the Contractors State License Board has provided the Franchise Tax Board with the information required under Section 30, relating to licensing information that includes the federal employer identification number, individual taxpayer identification number, or social security number. (d) All versions of the application for a contractor’s license shall include, as part of the application, an authorization by the applicant, in the form and manner mutually agreeable to the Franchise Tax Board and the board, for the Franchise Tax Board to disclose the tax information that is required for the registrar to administer this section. The Franchise Tax Board may from time to time audit these authorizations. (e) In the case of outstanding final liabilities assessed by the State Board of Equalization, this section shall not apply to any outstanding final liability if the licensee has entered into an installment payment agreement for that liability with the State Board of Equalization and is in compliance with the terms of that agreement. (Amended by Stats. 2020, Ch. 312, Sec. 72. (SB 1474) Effective January 1, 2021.)
  60. 715.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. )

    Verify source ↗

    Certain California licensing boards may not require a license for some people working in qualifying federal roles or programs, unless federal law says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. ) ## 715. Unless otherwise required by federal law or regulation, no board under this division which licenses dentists, physicians and surgeons, podiatrists, or nurses may require a person to obtain or maintain any license to practice a profession or render services in the State of California if one of the following applies: (a) The person practicing a profession or rendering services does so exclusively as an employee of a department, bureau, office, division, or similarly constituted agency of the federal government, and provides medical services exclusively on a federal reservation or at any facility wholly supported by and maintained by the United States government. (b) The person practicing a profession or rendering services does so solely pursuant to a contract with the federal government on a federal reservation or at any facility wholly supported and maintained by the United States government. (c) The person practicing a profession or rendering services does so pursuant to, or as a part of a program or project conducted or administered by a department, bureau, office, division, or similarly constituted agency of the federal government which by federal statute expressly exempts persons practicing a profession or rendering services as part of the program or project from state laws requiring licensure. (Amended by Stats. 1986, Ch. 220, Sec. 7.5. Effective June 30, 1986.)
  61. 7150.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section defines “person” for this article as a natural person, and defines “senior citizen” as someone 65 years old or older.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7150. (a) “Person” as used in this article is limited to natural persons, notwithstanding the definition of person in Section 7025. (b) “Senior citizen” means an individual who is 65 years of age or older. (Amended by Stats. 2020, Ch. 158, Sec. 1. (AB 2471) Effective January 1, 2021.)
  62. 7150.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

    Verify source ↗

    A home improvement contractor, including a swimming pool contractor, is treated as a licensed contractor under this chapter and must comply with all requirements in this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7150.1. A home improvement contractor, including a swimming pool contractor, is a contractor as defined and licensed under this chapter who is engaged in the business of home improvement either full time or part time. A home improvement contractor shall satisfy all requirements imposed by this article. (Amended by Stats. 1997, Ch. 888, Sec. 1. Effective January 1, 1998.)
  63. 7151.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

    Verify source ↗

    This section defines “home improvement,” “home improvement goods or services,” and “solar energy system” for the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7151. (a) “Home improvement” means the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property, as well as the reconstruction, restoration, or rebuilding of a residential property that is damaged or destroyed by a natural disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States, and shall include, but not be limited to, the construction, erection, installation, replacement, or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, solar energy systems, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house. “Home improvement” shall also mean the installation of home improvement goods or the furnishing of home improvement services. (b) For purposes of this chapter, “home improvement goods or services” means goods and services, as defined in Section 1689.5 of the Civil Code, which are bought in connection with the improvement of real property. Such home improvement goods and services include, but are not limited to, carpeting, texture coating, fencing, air conditioning or heating equipment, and termite extermination. Home improvement goods include goods which are to be so affixed to real property as to become a part of real property whether or not severable therefrom. (c) For purposes of this article, “solar energy system” means a solar energy device to be installed on a residential building or residential property that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kilowatt, and not more than five megawatts, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. (Amended by Stats. 2021, Ch. 249, Sec. 1. (SB 757) Effective January 1, 2022.)
  64. 7151.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

    Verify source ↗

    This section defines “home improvement contract.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7151.2. “Home improvement contract” means an agreement, whether oral or written, or contained in one or more documents, between a contractor and an owner or between a contractor and a tenant, regardless of the number of residence or dwelling units contained in the building in which the tenant resides, if the work is to be performed in, to, or upon the residence or dwelling unit of the tenant, for the performance of a home improvement as defined in Section 7151, and includes all labor, services, and materials to be furnished and performed thereunder. “Home improvement contract” also means an agreement, whether oral or written, or contained in one or more documents, between a salesperson, whether or not he or she is a home improvement salesperson, and (a) an owner or (b) a tenant, regardless of the number of residence or dwelling units contained in the building in which the tenant resides, which provides for the sale, installation, or furnishing of home improvement goods or services. (Amended by Stats. 1991, Ch. 1160, Sec. 42.)
  65. 7152.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

    Verify source ↗

    A home improvement salesperson must register with the board, and must identify the contractor’s business name and license number to the owner or tenant before doing the listed sales activities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7152. (a) “Home improvement salesperson” is a person who is registered under this chapter and engaged in the business of soliciting, selling, negotiating, or executing contracts for home improvements, for the sale, installation, or furnishing of home improvement goods or services, or of swimming pools, spas, or hot tubs on behalf of a home improvement contractor licensed under this chapter. (b) A home improvement salesperson shall register with the board in order to engage in the business of, or act in the capacity of, a home improvement salesperson. (c) Subject to the provisions of Section 7154, a home improvement salesperson may be employed by one, or more than one, home improvement contractor. However, prior to engaging in any activity described in subdivision (a) of this section, a home improvement salesperson shall identify to the owner or tenant the business name and license number of the contractor they are representing for the purposes of that transaction. Failure to do so is a cause of disciplinary action within the meaning of Section 7155. (d) The following shall not be required to be registered as home improvement salespersons: (1) An officer of record of a corporation licensed pursuant to this chapter, or a manager, member, or officer of record of a limited liability company licensed pursuant to this chapter. (2) A general partner listed on the license record of a partnership licensed pursuant to this chapter. (3) A qualifying person, as defined in Section 7025. (4) A salesperson whose sales are all made pursuant to negotiations between the parties if the negotiations are initiated by the prospective buyer at or with a general merchandise retail establishment that operates from a fixed location where goods or services are offered for sale. (5) A person who contacts the prospective buyer for the exclusive purpose of scheduling appointments for a registered home improvement salesperson. (6) A bona fide service repairperson who is in the employ of a licensed contractor and whose repair or service call is limited to the service, repair, or emergency repair initially requested by the buyer of the service. (e) The exemption to registration provided under paragraphs (1), (2), and (3) of subdivision (d) shall apply only to those individuals who, at the time of the sales transaction, are listed as personnel of record for the licensee responsible for soliciting, negotiating, or contracting for a service or improvement that is subject to regulation under this article. (Amended by Stats. 2025, Ch. 592, Sec. 20. (SB 861) Effective January 1, 2026.)
  66. 7153.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A person must have a current, valid home improvement salesperson registration when acting as a salesperson for home improvement contractors or home improvement goods or services in this state.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7153. (a) It is a misdemeanor for any person to engage in the occupation of salesperson for one or more home improvement contractors within this state without having, at the time of the sales transaction, a current and valid home improvement salesperson registration issued by the registrar. If, upon investigation, the registrar has probable cause to believe that a salesperson is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7. It is a misdemeanor for any person to engage in the occupation of salesperson of home improvement goods or services within this state without having, at the time of the sales transaction, a current and valid home improvement salesperson registration issued by the registrar. (b) Any security interest taken by a contractor, to secure any payment for the performance of any act or conduct described in Section 7151 that occurs on or after January 1, 1995, is unenforceable if the person soliciting the act or contract was not a duly registered salesperson or was not exempt from registration pursuant to Section 7152 at the time the homeowner signs the home improvement contract solicited by the salesperson. (Amended by Stats. 2015, Ch. 281, Sec. 3. (SB 561) Effective January 1, 2016.)
  67. 7153.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A home improvement salesperson must apply in writing to the registrar, use the prescribed form, and include the fee. The board also requires fingerprints for a criminal history check, and the registrar can approve alternative fingerprint methods and refuse registration on Section 480 grounds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7153.1. (a) The home improvement salesperson shall submit to the registrar an application in writing containing the statement that he or she desires the issuance of a registration under the terms of this article. The application shall be made on a form prescribed by the registrar and shall be accompanied by the fee fixed by this chapter. (b) The registrar may refuse to register the applicant under the grounds specified in Section 480. (c) As part of an application for a home improvement salesperson, the board shall require an applicant to furnish a full set of fingerprints for purposes of conducting criminal history record checks. Fingerprints furnished pursuant to this subdivision shall be submitted in an electronic format where readily available. Requests for alternative methods of furnishing fingerprints are subject to the approval of the registrar. The board shall use the fingerprints furnished by an applicant to obtain criminal history information on the applicant from the Department of Justice and the United States Federal Bureau of Investigation, including any subsequent arrest information available. (Amended by Stats. 2007, Ch. 240, Sec. 3. Effective January 1, 2008.)
  68. 7153.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Home improvement salesperson registrations under this article expire after two years, measured from the stated issuance or renewal-expiration dates.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7153.2. All home improvement salesperson registrations issued under the provisions of this article shall expire two years from the last day of the month in which the registration was issued, or two years from the date on which the renewed registration last expired. (Amended by Stats. 2015, Ch. 281, Sec. 4. (SB 561) Effective January 1, 2016.)
  69. 7153.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A home improvement salesperson registration must be renewed before it expires, using the registrar’s form and paying the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7153.3. (a) To renew a home improvement salesperson registration, which has not expired, the registrant shall before the time at which the registration would otherwise expire, apply for renewal on a form prescribed by the registrar and pay a renewal fee prescribed by this chapter. Renewal of an unexpired registration shall continue the registration in effect for the two-year period following the expiration date of the registration, when it shall expire if it is not again renewed. (b) An application for renewal of registration is delinquent if the application is not postmarked or received via electronic transmission as authorized by Section 7156.6 by the date on which the registration would otherwise expire. A registration may, however, still be renewed at any time within three years after its expiration upon the filing of an application for renewal on a form prescribed by the registrar and the payment of the renewal fee prescribed by this chapter and a delinquent renewal penalty equal to 50 percent of the renewal fee. If a registration is not renewed within three years, the person shall make a new application for registration pursuant to Section 7153.1. (c) (1) The registrar may refuse to renew a registration for failure by the registrant to complete the application for renewal of registration. If a registrant fails to return the application rejected for insufficiency or incompleteness within 90 days from the original date of rejection, the application and fee shall be deemed abandoned. Any application abandoned may not be reinstated. However, the person may file a new application for registration pursuant to Section 7153.1. (2) The registrar may review and accept the petition of a person who disputes the abandonment of his or her renewal application upon a showing of good cause. This petition shall be received within 90 days of the date the application for renewal is deemed abandoned. (d) This section shall become operative on July 1, 2017. (Repealed (in Sec. 38) and added by Stats. 2016, Ch. 799, Sec. 39. (SB 1039) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
  70. 7154.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Home improvement contractors must notify the registrar in writing when they hire or stop employing a registered home improvement salesperson, using the registrar’s form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7154. (a) A home improvement contractor licensed under this chapter shall notify the registrar in writing, on a form prescribed by the registrar, about the employment of a registered home improvement salesperson, pursuant to the terms of this article. This notification requirement shall include, but not be limited to, the name and registration number of the home improvement salesperson who is employed by the contractor. The form shall be submitted prior to the home improvement salesperson beginning work for the contractor. (b) A home improvement contractor shall notify the registrar in writing, on a form prescribed by the registrar, when a registered home improvement salesperson ceases to be employed by the contractor. This notification requirement shall include, but not be limited to, the name and registration number of the home improvement salesperson who had been employed by the contractor. The form shall be submitted within 90 days after the home improvement salesperson ceases to be employed by the contractor. (c) A home improvement contractor who employs a registered home improvement salesperson to sell home improvement contracts, but who fails to report to the registrar pursuant to subdivision (a) or (b), is subject to disciplinary action by the registrar. (d) A home improvement contractor who employs a person to sell home improvement contracts while that person is not registered by the registrar as a home improvement salesperson as provided in this article, is subject to disciplinary action by the registrar. (Amended by Stats. 2015, Ch. 281, Sec. 6. (SB 561) Effective January 1, 2016.)
  71. 7155.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A home improvement salesperson can face disciplinary action for violating this chapter, and the registrar may suspend or revoke the salesperson’s registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7155. Violation of any provision of this chapter by a home improvement salesperson constitutes cause for disciplinary action. The registrar may suspend or revoke the registration of the home improvement salesperson if he or she is found to be in violation. The disciplinary proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2011, Ch. 296, Sec. 16. (AB 1023) Effective January 1, 2012.)
  72. 7155.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A violation by a home improvement salesperson can be grounds to дисципline the contractor who employed that salesperson, even if the contractor did not know about or take part in the violation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7155.5. Violations of any provisions of this chapter by a home improvement salesperson likewise constitute cause for disciplinary action against the contractor by whom he or she was employed at the time the violation occurred, whether or not the contractor had knowledge of or participated in the act or omission constituting violations of this chapter. (Amended by Stats. 2015, Ch. 281, Sec. 7. (SB 561) Effective January 1, 2016.)
  73. 7156.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section makes certain home-improvement conduct a misdemeanor and grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7156. It shall be a misdemeanor and a cause for disciplinary action to commit any of the following acts: (a) For any home improvement salesperson to fail to account for or to remit to their employing contractor any payment received in connection with any home improvement transaction or any other transaction involving a work of improvement. (b) For any person to use a contract form in connection with any home improvement transaction or any other transaction involving a work of improvement if the form fails to disclose the name of the contractor principal by whom the person is employed. (c) For any home improvement salesperson to assist, recommend, select, or otherwise guide an owner or tenant in the selection of a contractor for the performance or sale of home improvement goods or services if notification of employment by the home improvement contractor, as required by subdivision (a) of Section 7154, has not been received by the Board. (Amended by Stats. 2021, Ch. 249, Sec. 3. (SB 757) Effective January 1, 2022.)
  74. 7156.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    The board may create a system for electronic submission of certain registration applications and notices, and may regulate how those electronic transmissions must work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7156.6. (a) Notwithstanding any other law, the board may implement a system that provides for the electronic transmission of an initial application or renewal application for the registration required by this article and the electronic transmission of the notices required by Section 7154. (b) The board by regulation may specify the form and manner of these transmissions, including the adoption of any protocols necessary to ensure the validity and security of any information, data, or document transmitted electronically. Upon the effective date of the regulations, the electronic submission of an initial registration application, a renewal application, or the electronic transmission of a notice required by Section 7154 shall satisfy the requirements of this article. (Added by Stats. 2015, Ch. 281, Sec. 9. (SB 561) Effective January 1, 2016.)
  75. 7157.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section restricts compensation and gifts connected to home improvement business, but allows limited low-value promotional items under strict conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7157. (a) Except as otherwise provided in subdivision (b), as a part of or in connection with the inducement to enter into any home improvement contract or other contract, which may be performed by a contractor, no person may promise or offer to pay, credit, or allow to any owner, compensation or reward for the procurement or placing of home improvement business with others. (b) A contractor or his or her agent or salesperson may give tangible items to prospective customers for advertising or sales promotion purposes where the gift is not conditioned upon obtaining a contract for home improvement work if the gift does not exceed a value of five dollars ($5) and only one such gift is given in connection with any one transaction. (c) No salesperson or contractor’s agent may accept any compensation of any kind, for or on account of a home improvement transaction, or any other transaction involving a work of improvement, from any person other than the contractor whom he or she represents with respect to the transaction, nor shall the salesperson or agent make any payment to any person other than his or her employer on account of the sales transaction. (d) No contractor shall pay, credit, or allow any consideration or compensation of any kind to any other contractor or salesperson other than a licensee for or on account of the performance of any work of improvement or services, including, but not limited to, home improvement work or services, except: (1) where the person to or from whom the consideration is to be paid is not subject to or is exempted from the licensing requirements of this chapter, or (2) where the transaction is not subject to the requirements of this chapter. As used in this section “owners” shall also mean “tenant.” Commission of any act prohibited by this section is a misdemeanor and constitutes a cause for disciplinary action. (Amended by Stats. 1997, Ch. 813, Sec. 5. Effective January 1, 1998.)
  76. 7158.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    It is a misdemeanor to knowingly handle or use a false completion certificate, or similar proof of completion, when the work is not substantially finished.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7158. (a) Any person who shall accept or receive a completion certificate or other evidence that performance of a contract for a work of improvement, including, but not limited to, a home improvement, is complete or satisfactorily concluded, with knowledge that the document is false and that the performance is not substantially completed, and who shall utter, offer, or use the document in connection with the making or accepting of any assignment or negotiation of the right to receive any payment from the owner, under or in connection with a contract, or for the purpose of obtaining or granting any credit or loan on the security of the right to receive any payment shall be guilty of a misdemeanor and subject to a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or to imprisonment in the county jail for a term of not less than one month nor more than one year, or both. (b) (1) Any person who violates this section as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, defined as the overall capability of the defendant to reimburse the costs, or a portion of the costs, including consideration of, but not limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant. (C) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing. (D) Any other factor that may bear upon the defendant’s financial capability to reimburse the county for costs. (2) In addition to full restitution, and imprisonment authorized by subdivision (a), the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States. (c) This section shall become operative on July 1, 2021. (Repealed (in Sec. 3) and added by Stats. 2020, Ch. 92, Sec. 4. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  77. 7159.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Home improvement contracts must include required disclosures and cancellation notices, and contractors must give the buyer a signed and dated copy before work starts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159. (a) (1) This section identifies the projects for which a home improvement contract is required, outlines the contract requirements, and lists the items that shall be included in the contract, or may be provided as an attachment. (2) This section does not apply to service and repair contracts that are subject to Section 7159.10, if the contract for the applicable services complies with Sections 7159.10 to 7159.14, inclusive. (3) This section does not apply to the sale, installation, and servicing of a fire alarm sold in conjunction with an alarm system, as defined in Section 7590.1, if all costs attributable to making the fire alarm system operable, including sale and installation costs, do not exceed five hundred dollars ($500), and the licensee complies with the requirements set forth in Section 7159.9. (4) This section does not apply to any costs associated with monitoring a burglar or fire alarm system. (5) (A) Failure by the licensee, their agent or salesperson, or by a person subject to be licensed under this chapter, to provide the specified information, notices, and disclosures in the contract, or to otherwise fail to comply with any provision of this section, is cause for discipline. (B) For purposes of administrative discipline under this chapter, the prime or direct contractor is responsible for completion of the project in accordance with the home improvement contract, plans, and specifications. This prime or direct contractor responsibility shall not preclude administrative discipline against any subcontractor or home improvement salesperson on a home improvement contract for violation of this chapter. (6) If the applicable “Notice of Cancellation” is not included in or attached to the contract as required by this section, the buyer may file a complaint with the Contractors State License Board. (b) For purposes of this section, “home improvement contract” means an agreement, whether oral or written, or contained in one or more documents, between a contractor and an owner or between a contractor and a tenant, regardless of the number of residence or dwelling units contained in the building in which the tenant resides, if the work is to be performed in, to, or upon the residence or dwelling unit of the tenant, for the performance of a home improvement, as defined in Section 7151, and includes all labor, services, and materials to be furnished and performed thereunder, if the aggregate contract price specified in one or more improvement contracts, including all labor, services, and materials to be furnished by the contractor, exceeds five hundred dollars ($500). “Home improvement contract” also means an agreement, whether oral or written, or contained in one or more documents, between a salesperson, whether or not they are a home improvement salesperson, and an owner or a tenant, regardless of the number of residence or dwelling units contained in the building in which the tenant resides, which provides for the sale, installation, or furnishing of home improvement goods or services. (c) In addition to the specific requirements listed under this section, every home improvement contract and any person subject to licensure under this chapter or their agent or salesperson shall comply with all of the following: (1) The writing shall be legible. (2) Any printed form shall be readable. Unless a larger typeface is specified in this article, text in any printed form shall be in at least 10-point typeface and the headings shall be in at least 10-point boldface type. (3) (A) Before any work is started, the contractor shall give the buyer a copy of the contract that is signed and dated by both the contractor and the buyer. The buyer’s receipt of the copy of the contract initiates the buyer’s rights to cancel the contract pursuant to Sections 1689.5 to 1689.14, inclusive, of the Civil Code. (B) The contract shall contain on the first page, in a typeface no smaller than that generally used in the body of the document, both of the following: (i) The date the buyer signed the contract. (ii) The name, address, and email address of the contractor to whom the applicable “Notice of Cancellation” is to be sent, immediately preceded by a statement advising the buyer that the “Notice of Cancellation” may be sent to the contractor at the address or email address noted on the contract. (iii) The telephone number of the contractor, or the contractor’s representative, to assist the buyer with locating and filling out the “Notice of Cancellation.” (4) The contract shall include a statement that, upon satisfactory payment being made for any portion of the work performed, the contractor, prior to any further payment being made, shall furnish to the person contracting for the home improvement or swimming pool work a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for that portion of the work for which payment has been made. (5) A change-order form for changes or extra work shall be incorporated into the contract and shall become part of the contract only if it is in writing and signed by the parties prior to the commencement of any work covered by a change order. (6) The contract shall contain, in close proximity to the signatures of the owner and contractor, a notice stating that the owner or tenant has the right to require the contractor to have a performance and payment bond. (7) (A) The contract shall contain a statement regarding whether or not a subcontractor will be used on the project, including a portion to be checked in response, as follows: [__] Yes [__] No (B) If checked “Yes,” indicating that a subcontractor will be used on the project, the contract shall contain a disclaimer that states the following: “One or more subcontractors will be used on this project, and the contractor is aware that a list of subcontractors is required to be provided, upon request, along with the names, contact information, license number, and classification of those subcontractors.” (C) If there is a change order during the project, the same disclaimer set forth in subparagraph (B) shall be on each change order. (8) If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control. (9) The provisions of this section are not exclusive and do not relieve the contractor from compliance with any other applicable provision of law. (d) A home improvement contract and any changes to the contract shall be in writing and signed by the parties to the contract prior to the commencement of work covered by the contract or an applicable change order and, except as provided in paragraph (8) of subdivision (a) of Section 7159.5, shall include or comply with all of the following: (1) The name, business address, and license number of the contractor. (2) If applicable, the name and registration number of the home improvement salesperson that solicited or negotiated the contract. (3) The following heading on the contract form that identifies the type of contract in at least 10-point boldface type: “Home Improvement.” (4) The following statement in at least 12-point boldface type: “You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.” (5) The heading: “Contract Price,” followed by the amount of the contract in dollars and cents. (6) If a finance charge will be charged, the heading: “Finance Charge,” followed by the amount in dollars and cents. The finance charge is to be set out separately from the contract amount. (7) The heading: “Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed,” followed by a description of the project and a description of the significant materials to be used and equipment to be installed. For swimming pools, the project description required under this paragraph also shall include a plan and scale drawing showing the shape, size, dimensions, and the construction and equipment specifications. (8) If a downpayment will be charged, the details of the downpayment shall be expressed in substantially the following form, and shall include the text of the notice as specified in subparagraph (C): (A) The heading: “Downpayment.” (B) A space where the actual downpayment appears. (C) The following statement in at least 12-point boldface type: “THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.” (9) If payments, other than the downpayment, are to be made before the project is completed, the details of these payments, known as progress payments, shall be expressed in substantially the following form, and shall include the text of the statement as specified in subparagraph (C): (A) A schedule of progress payments shall be preceded by the heading: “Schedule of Progress Payments.” (B) Each progress payment shall be stated in dollars and cents and specifically reference the amount of work or services to be performed and materials and equipment to be supplied. (C) The section of the contract reserved for the progress payments shall include the following statement in at least 12-point boldface type: “The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.” (10) The contract shall address the commencement of work to be performed in substantially the following form: (A) A statement that describes what constitutes substantial commencement of work under the contract. (B) The heading: “Approximate Start Date.” (C) The approximate date on which work will be commenced. (11) The estimated completion date of the work shall be referenced in the contract in substantially the following form: (A) The heading: “Approximate Completion Date.” (B) The approximate date of completion. (12) If applicable, the heading: “List of Documents to be Incorporated into the Contract,” followed by the list of documents incorporated into the contract. (13) The heading: “Note About Extra Work and Change Orders,” followed by the following statement: “Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.” (e) Except as provided in paragraph (8) of subdivision (a) of Section 7159.5, all of the following notices shall be provided to the owner as part of the contract form as specified or, if otherwise authorized under this subdivision, may be provided as an attachment to the contract: (1) A notice concerning commercial general liability insurance. This notice may be provided as an attachment to the contract if the contract includes the following statement: “A notice concerning commercial general liability insurance is attached to this contract.” The notice shall include the heading “Commercial General Liability Insurance (CGL),” followed by whichever of the following statements is both relevant and correct: (A) “(The name on the license or ‛This contractor’) does not carry commercial general liability insurance.” (B) “(The name on the license or ‛This contractor’) carries commercial general liability insurance written by (the insurance company). You may call (the insurance company) at __________ to check the contractor’s insurance coverage.” (C) “(The name on the license or ‛This contractor’) is self-insured.” (D) “(The name on the license or ‘This contractor’) is a limited liability company that carries liability insurance or maintains other security as required by law. You may call (the insurance company or trust company or bank) at ____ to check on the contractor’s insurance coverage or security.” (2) A notice concerning workers’ compensation insurance. This notice may be provided as an attachment to the contract if the contract includes the statement: “A notice concerning workers’ compensation insurance is attached to this contract.” The notice shall include the heading “Workers’ Compensation Insurance” followed by whichever of the following statements is correct: (A) “(The name on the license or ‛This contractor’) has no employees and is exempt from workers’ compensation requirements.” (B) “(The name on the license or ‛This contractor’) carries workers’ compensation insurance for all employees.” (3) A notice that provides the buyer with the following information about the performance of extra or change-order work: (A) A statement that the buyer may not require a contractor to perform extra or change-order work without providing written authorization prior to the commencement of work covered by the new change order. (B) A statement informing the buyer that extra work or a change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to the commencement of work covered by the new change order: (i) The scope of work encompassed by the order. (ii) The amount to be added or subtracted from the contract. (iii) The effect the order will make in the progress payments or the completion date. (C) A statement informing the buyer that the contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. (4) A notice with the heading “Mechanics Lien Warning” written as follows: “MECHANICS LIEN WARNING: Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if they are not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s internet website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.” (5) The following notice shall be provided in at least 12-point typeface: “Information about the Contractors State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: Visit CSLB’s internet website at www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826.” (6) (A) The notice set forth in subparagraph (B) and entitled “Three-Day Right to Cancel,” or entitled “Five-Day Right to Cancel” for contracts with a senior citizen, shall be provided to the buyer unless the contract is: (i) Negotiated at the contractor’s place of business. (ii) Subject to the “Seven-Day Right to Cancel,” as set forth in paragraph (7). (iii) Subject to licensure under the Alarm Company Act (Chapter 11.6 (commencing with Section 7590)), provided the alarm company licensee complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil Code, as applicable. (B) (i) “Three-Day Right to Cancel You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.” (ii) References to “three” and “third” in the notice set forth in clause (i) shall be changed to “five” and “fifth,” respectively, for a buyer who is a senior citizen. (C) The notice required by this paragraph shall comply with all of the following: (i) The text of the notice is at least 12-point boldface type. (ii) The notice is in immediate proximity to a space reserved for the owner’s signature. (iii) The owner acknowledges receipt of the notice by signing and dating the notice form in the signature space. (iv) The notice is written in the same language, e.g., Spanish, as that principally used in any oral sales presentation. (v) The notice may be attached to the contract if the contract includes, in at least 12-point boldface type, a checkbox with one of the following statements, as applicable: (I) For a contract with a senior citizen: “The law requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a ‛Notice of the Five-Day Right to Cancel.’ ” (II) For all other contracts: “The law requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a ‛Notice of the Three-Day Right to Cancel.’” (vi) (I) The notice shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation,” which also shall be attached to the agreement or offer to purchase and be easily detachable, and which shall contain the following statement written in the same language, e.g., Spanish, as used in the contract: “Notice of Cancellation” /enter date of transaction/ (Date) “You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.” To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to , /name of seller/ at /address of seller’s place of business/ not later than midnight of . (Date) I hereby cancel this transaction. (Date) (Buyer’s signature) (II) The reference to “three” in the statement set forth in subclause (I) shall be changed to “five” for a buyer who is a senior citizen. (7) (A) The following notice entitled “Seven-Day Right to Cancel” shall be provided to the buyer for any contract that is written for the repair or restoration of residential premises damaged by any sudden or catastrophic event for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by the executive officer or governing body of any city, county, or city and county: “Seven-Day Right to Cancel You, the buyer, have the right to cancel this contract within seven business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the seventh business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.” (B) The “Seven-Day Right to Cancel” notice required by this subdivision shall comply with all of the following: (i) The text of the notice is at least 12-point boldface type. (ii) The notice is in immediate proximity to a space reserved for the owner’s signature. (iii) The owner acknowledges receipt of the notice by signing and dating the notice form in the signature space. (iv) The notice is written in the same language, e.g., Spanish, as that principally used in any oral sales presentation. (v) The notice may be attached to the contract if the contract includes, in at least 12-point boldface type, a checkbox with the following statement: “The law requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a ‛Notice of the Seven-Day Right to Cancel.’ ” (vi) The notice shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation,” which shall also be attached to the agreement or offer to purchase and be easily detachable, and which shall contain the following statement written in the same language, e.g., Spanish, as used in the contract: “Notice of Cancellation” /enter date of transaction/ (Date) “You may cancel this transaction, without any penalty or obligation, within seven business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.” To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to , /name of seller/ at /address of seller’s place of business/ not later than midnight of . (Date) I hereby cancel this transaction. (Date) (Buyer’s signature) (f) The five-day right to cancel added by the act that amended paragraph (6) of subdivision (e) shall apply to contracts entered into on or after January 1, 2021. (Amended by Stats. 2025, Ch. 585, Sec. 1.5. (SB 517) Effective January 1, 2026.)
  78. 7159.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    For certain door-to-door home improvement contracts secured by a lien on real property, the contract must include a specific warning notice, and the buyer must sign and date it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.1. (a) In any contract for the sale of home improvement goods or services offered by door-to-door sale that contains or is secured by a lien on real property, the contract shall be accompanied by the following notice in 18-point boldfaced type: “WARNING TO BUYER: IF YOU SIGN THE CONTRACT WHICH ACCOMPANIES THIS NOTICE, YOU WILL BE PUTTING UP YOUR HOME AS SECURITY. THIS MEANS THAT YOUR HOME COULD BE SOLD WITHOUT YOUR PERMISSION AND WITHOUT ANY COURT ACTION IF YOU MISS ANY PAYMENT REQUIRED BY THIS CONTRACT.” This notice shall be written in the same language as the rest of the contract. It shall be on a separate piece of paper from the rest of the contract and shall be signed and dated by the buyer. The home improvement contractor or home improvement salesperson shall deliver to the buyer at the time of the buyer’s signing and dating of the notice a legible copy of the signed and dated notice. A security interest created in any contract described in this section that does not provide the notice as required by this section shall be void and unenforceable. (b) This section shall not apply to any of the following: (1) Any contract that is subject to Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code. (2) A mechanics lien established pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code. (3) Any contract that is subject to subdivision (a) of Section 7159.2. (Amended by Stats. 2010, Ch. 697, Sec. 5. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  79. 7159.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section sets special rules for certain home-improvement service and repair contracts, including required disclosures, a written signed copy for the buyer, and limits on payment before work is finished.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.10. (a) (1) “Service and repair contract” means an agreement between a contractor or salesperson for a contractor, whether a general contractor or a specialty contractor, who is licensed or subject to be licensed pursuant to this chapter with regard to the transaction, and a homeowner or a tenant, for the performance of a home improvement as defined in Section 7151, that conforms to the following requirements: (A) The contract amount is seven hundred fifty dollars ($750) or less. (B) The prospective buyer initiated contact with the contractor to request the work. (C) The contractor does not sell the buyer goods or services beyond those reasonably necessary to take care of the particular problem that caused the buyer to contact the contractor. (D) No payment is due, or accepted by the contractor, until the work is completed. (2) As used in this subdivision, “the work is completed” means that all of the conditions that caused the buyer to contact the contractor for service and repairs have been fully corrected and, if applicable, the building department has accepted and approved the corrective work. (b) For any contract written pursuant to subdivision (a) or otherwise presented to the buyer as a service and repair contract, unless all of the conforming requirements for service and repair contracts specified in subdivision (a) are met, the contract requirements for home improvements set forth in subdivisions (c), (d), and (e) of Section 7159 shall be applicable, including any rights to rescind the contract as set forth in Section 1689.6 or 1689.7 of the Civil Code, regardless of the aggregate contract price. (c) If all of the requirements of subdivision (a) are met, only those notices and other requirements set forth in this section are applicable to the contract. (d) Every service and repair contract described in subdivision (a) shall include, or otherwise comply with, all of the following: (1) The contract, any changes to the contract, and any attachments shall be in writing and signed or acknowledged by the parties as set forth in this section, and shall be written in the same language (for example Spanish) as principally used in the oral sales presentation. (2) The writing shall be legible. (3) Any printed form shall be readable. Unless a larger typeface is specified in this article, the text shall be in at least 10-point typeface and the headings shall be in at least 10-point boldface type. (4) Before any work is started, the contractor shall give the buyer a copy of the contract signed and dated by the buyer and by the contractor or the contractor’s representative. (5) The name, business address, and license number of the contractor. (6) The date the contract was signed. (7) A notice concerning commercial general liability insurance. This notice may be provided as an attachment to the contract if the contract includes the statement, “A notice concerning commercial general liability insurance is attached to this contract.” The notice shall include the heading “Commercial General Liability Insurance (CGL)” followed by whichever of the following statements is both relevant and correct: (A) “(The name on the license or ‘This contractor’) does not carry commercial general liability insurance.” (B) “(The name on the license or ‘This contractor’) carries commercial general liability insurance written by (the insurance company). You may call the (insurance company) at ____ to check the contractor’s insurance coverage.” (C) “(The name on the license or ‘This contractor’) is self-insured.” (D) “(The name on the license or ‘This contractor’) is a limited liability company that carries liability insurance or maintains other security as required by law. You may call (the insurance company or trust company or bank) at ____ to check on the contractor’s insurance coverage or security.” (8) A notice concerning workers’ compensation insurance. This notice may be provided as an attachment to the contract if the contract includes the statement “A notice concerning workers’ compensation insurance is attached to this contract.” The notice shall include the heading “Workers’ Compensation Insurance” followed by whichever of the following statements is both relevant and correct: (A) “(The name on the license or ‘This contractor’) has no employees and is exempt from workers’ compensation requirements.” (B) “(The name on the license or ‘This contractor’) carries workers’ compensation insurance for all employees.” (e) Every service and repair contract described in subdivision (a) shall provide the following information, notices, and disclosures in the contract: (1) Notice of the type of contract in at least 10-point boldface type: “Service and Repair.” (2) A notice in at least 12-point boldface type, signed and dated by the buyer: “Notice to the Buyer: The law requires that service and repair contracts must meet all of the following requirements: (A) The price must be no more than seven hundred and fifty dollars ($750). (B) You, the buyer, must have initiated contact with the contractor to request the work. (C) The contractor must not sell you goods or services beyond those reasonably necessary to take care of the particular problem that caused you to contact the contractor. (D) No payment is due and the contractor may not accept any payment until the work is completed.” (3) The notice in at least 12-point boldface type: “Notice to the Buyer: You are entitled to a completely filled in and signed copy of this agreement before any work may be started.” (4) If applicable, the heading “List of Documents to be Incorporated into the Contract,” followed by the list of documents to be incorporated into the contract. (5) Where the contract is a fixed contract amount, the heading: “Contract Price” followed by the amount of the contract in dollars and cents. (6) If a finance charge will be charged, the heading: “Finance Charge” followed by the amount in dollars and cents. The finance charge is to be set out separately from the contract amount. (7) Where the contract is estimated by a time and materials formula, the heading “Estimated Contract Price” followed by the estimated contract amount in dollars and cents. The contract must disclose the set rate and the estimated cost of materials. The contract must also disclose how time will be computed, for example, in increments of quarter hours, half hours, or hours, and the statement: “The actual contract amount of a time and materials contract may not exceed the estimated contract amount without written authorization from the buyer.” (8) The heading: “Description of the Project and Materials to be Used and Equipment to be Installed” followed by a description of the project and materials to be used and equipment to be installed. (9) The statement: “The law requires that the contractor offer you any parts that were replaced during the service call. If you do not want the parts, initial the checkbox labeled ‘OK for contractor to take replaced parts.’ ” (10) A checkbox labeled “OK for contractor to take replaced parts.” (11) If a service charge is charged, the heading “Amount of Service Charge” followed by the service charge, and the statement “You may be charged only one service charge, including any trip charge or inspection fee.” (12) (A) (i) The contract, or an attachment to the contract as specified under subparagraph (C) of this paragraph, must include, in immediate proximity to the space reserved for the buyer’s signature, the following statement, in at least 12-point boldface type, which shall be dated and signed by the buyer: “YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS (A) You, the buyer, have the right to cancel this contract until: 1. You receive a copy of this contract signed and dated by you and the contractor; and 2. The contractor starts work. (B) However, even if the work has begun you, the buyer, may still cancel the contract for any of the reasons specified in items 1 through 4 of this paragraph. If any of these reasons occur, you may cancel the contract within three business days of signing the contract for normal service and repairs, or within seven business days of signing a contract to repair or correct conditions resulting from any sudden or catastrophic event for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by the executive officer or governing body of any city, county, or city and county: 1. You may cancel the contract if the price, including all labor and materials, is more than seven hundred fifty dollars ($750). 2. You may cancel the contract if you did not initiate the contact with the contractor to request the work. 3. You may cancel the contract if the contractor sold you goods or services beyond those reasonably necessary to take care of the particular problem that caused you to contact the contractor. 4. You may cancel the contract if the payment was due or the contractor accepted any money before the work was complete. (C) If any of these reasons for canceling occurred, you may cancel the contract as specified under paragraph (B) above by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business within three business days or, if applicable, seven business days of the date you received a signed and dated copy of this contract. Include your name, your address, and the date you received a signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.” (ii) References to “three” in the statement set forth in clause (i) shall be changed to “five” for a buyer who is a senior citizen. (iii) The five-day right to cancel added by the act that added clause (ii) to this subparagraph shall apply to contracts entered into on or after January 1, 2021. (B) This paragraph does not apply to home improvement contracts entered into by a person who holds an alarm company operator’s license issued pursuant to Chapter 11.6 (commencing with Section 7590), provided the person complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil Code, as applicable. (C) The notice required in this paragraph may be incorporated as an attachment to the contract if the contract includes a checkbox and whichever statement is relevant in at least 12-point boldface type: (i) “The law requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a ‘Notice of Your Right to Cancel.’ ” (ii) “The law requires that the contractor give you a notice explaining your right to cancel contracts for the repair or restoration of residential premises damaged by a disaster. Initial the checkbox if the contractor has given you a ‘Notice of Your Right to Cancel.’ ” (f) A bona fide service repairperson employed by a licensed contractor or subcontractor hired by a licensed contractor may enter into a service and repair contract on behalf of that contractor. (g) The provisions of this section are not exclusive and do not relieve the contractor from compliance with any other applicable provision of law. (Amended by Stats. 2020, Ch. 158, Sec. 3. (AB 2471) Effective January 1, 2021.)
  80. 7159.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Violating Section 7159.10 can subject a licensee, a person who must be licensed, or their agent or salesperson to discipline.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.11. A violation of any provision of Section 7159.10 by a licensee, or a person subject to be licensed under this chapter, or by his or her agent or salesperson, is cause for discipline. (Amended by Stats. 2005, Ch. 385, Sec. 7. Effective January 1, 2006.)
  81. 7159.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Service and repair contracts under this section must stay within a $750 contract limit and follow specific disclosure, pricing, and buyer-consent rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.14. (a) This section applies to a service and repair contract as defined in Section 7159.10. A violation of this section by a licensee or a person subject to be licensed under this chapter, or by their agent or salesperson, is cause for discipline. (1) The contract shall not exceed seven hundred fifty dollars ($750). (2) The contract shall be in writing and shall state the agreed contract amount, which may be stated as either a fixed contract amount in dollars and cents or, if a time and materials formula is used, as an estimated contract amount in dollars and cents. (3) The contract amount shall include the entire cost of the contract including profit, labor, and materials, but excluding finance charges. (4) The actual contract amount of a time and materials contract may not exceed the estimated contract amount without written authorization from the buyer. (5) The prospective buyer shall have initiated contact with the contractor to request work. (6) The contractor shall not sell the buyer goods or services beyond those reasonably necessary to take care of the particular problem that caused the buyer to contact the contractor. (7) Payment shall not be due before the project is completed. (8) A service and repair contractor shall charge only one service charge. For purposes of this chapter, a service charge includes charges such as a service or trip charge, or an inspection fee. (9) A service and repair contractor charging a service charge shall disclose in all advertisements that there is a service charge and, when the customer initiates the call for service, shall disclose the amount of the service charge. (10) The service and repair contractor shall offer to the customer any parts that were replaced. (11) Upon any payment by the buyer, the contractor shall, if requested, obtain and furnish to the buyer a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. (b) A violation of paragraph (1), (2), (3), (4), (5), (6), or (8) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by their agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (1) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. (2) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. (3) The limitations on actions in this subdivision do not apply to any administrative action filed against a licensed contractor. (c) (1) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, defined as the overall capability of the defendant to reimburse the costs, or a portion of the costs, including consideration of, but not limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant. (C) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing. (D) Any other factor that may bear upon the defendant’s financial capability to reimburse the county for costs. (2) In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States. (d) This section shall become operative July 1, 2021. (Repealed (in Sec. 7) and added by Stats. 2020, Ch. 92, Sec. 8. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  82. 7159.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section limits how home-improvement contracts and related loan proceeds may be handled, and sets damages and fee rules for violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.2. (a) No home improvement goods or services contract of a value of five thousand dollars ($5,000) or less shall provide for a security interest in real property, except for a mechanic’s lien or other interest in property that arises by operation of law. Any lien in violation of this subdivision is void and unenforceable. (b) When the proceeds of a loan secured by a mortgage on real property are used to fund goods or services pursuant to a home improvement goods or services contract of more than five thousand dollars ($5,000), the person or entity making the loan shall only pay a contractor under the home improvement goods or services contract from the proceeds of the loan by either of the following methods: (1) By an instrument payable to the borrower or jointly to the borrower and the contractor. (2) At the election of the borrower, through a third-party escrow agent pursuant to the terms of a written agreement signed by the borrower, the person or entity making the loan, and the contractor prior to the disbursement. (c) Any person or entity who violates any provision of this section shall be liable for actual damages suffered by the borrower for damages that proximately result from the violation. (d) Any person or entity who intentionally or as a pattern or practice violates any provision of this section shall be additionally liable for three times the contract price for the home improvement. (e) Any person who is a senior citizen or disabled person, as defined in subdivisions (f) and (g) of Section 1761 of the Civil Code, as part of any action for a violation of this section, may seek and be awarded, in addition to the remedies provided in this section, up to five thousand dollars ($5,000) as provided in subdivision (b) of Section 1780 of the Civil Code. (f) The court shall award court costs and attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section. Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith. (Amended by Stats. 1999, Ch. 512, Sec. 1. Effective January 1, 2000.)
  83. 7159.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Home-improvement contracts must be in writing and include specific price and payment terms; contractors generally cannot take payment above work value, and some bond-backed contractors are exempt from certain downpayment and progress-payment rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.5. This section applies to all home improvement contracts, as defined in Section 7151.2, between an owner or tenant and a contractor, whether a general contractor or a specialty contractor, that is licensed or subject to be licensed pursuant to this chapter with regard to the transaction. (a) Failure by the licensee or a person subject to be licensed under this chapter, or by their agent or salesperson, to comply with the following provisions is cause for discipline: (1) The contract shall be in writing and shall include the agreed contract amount in dollars and cents. The contract amount shall include the entire cost of the contract, including profit, labor, and materials, but excluding finance charges. (2) If there is a separate finance charge between the contractor and the person contracting for home improvement, the finance charge shall be set out separately from the contract amount. (3) If a downpayment will be charged, the downpayment shall not exceed one thousand dollars ($1,000) or 10 percent of the contract amount, whichever amount is less. (4) If, in addition to a downpayment, the contract provides for payments to be made prior to completion of the work, the contract shall include a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied. (5) Except for a downpayment, the contractor shall neither request nor accept payment that exceeds the value of the work performed or material delivered. The prohibition prescribed by this paragraph extends to advance payment in whole or in part from any lender or financier for the performance or sale of home improvement goods or services. (6) Upon any payment by the person contracting for home improvement, and prior to any further payment being made, the contractor shall, if requested, obtain and furnish to the person a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. The person contracting for home improvement may withhold all further payments until these releases are furnished. (7) If the contract provides for a payment of a salesperson’s commission out of the contract price, that payment shall be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with paragraph (4). (8) A contractor furnishing a performance and payment bond, lien and completion bond, or a bond equivalent or joint control approved by the registrar covering full performance and payment is exempt from paragraphs (3), (4), and (5), and need not include, as part of the contract, the statement regarding the downpayment specified in subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159, the details and statement regarding progress payments specified in paragraph (9) of subdivision (d) of Section 7159, or the Mechanics Lien Warning specified in paragraph (4) of subdivision (e) of Section 7159. A contractor furnishing these bonds, bond equivalents, or a joint control approved by the registrar may accept payment prior to completion. If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control. Notwithstanding any other law, a licensee shall be licensed in this state in an active status for not less than two years prior to submitting an Application for Approval of Blanket Performance and Payment Bond as provided in Section 858.2 of Title 16 of the California Code of Regulations as it read on January 1, 2016. (b) (1) A violation of paragraph (1), (3), or (5) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by their agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. If a violation occurs in a location damaged by a natural disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States, the court shall impose the maximum fine. (2) (A) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. (B) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. (C) The limitations on actions in this subdivision shall not apply to any administrative action filed against a licensed contractor. (c) (1) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, defined as the overall capability of the defendant to reimburse the costs, or a portion of the costs, including consideration of, but not limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant. (C) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing. (D) Any other factor that may bear upon the defendant’s financial capability to reimburse the county for costs. (2) In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States. (d) This section shall become operative on July 1, 2021. (Amended by Stats. 2023, Ch. 403, Sec. 1. (SB 601) Effective January 1, 2024.)
  84. 7159.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Change orders must include key details to be enforceable against a buyer, and a buyer may not demand extra work without written authorization.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.6. (a) An extra work or change order is not enforceable against a buyer unless the change order sets forth all of the following: (1) The scope of work encompassed by the order. (2) The amount to be added or subtracted from the contract. (3) The effect the order will make in the progress payments or the completion date. (b) The buyer may not require a contractor to perform extra or change-order work without providing written authorization. (c) Failure to comply with the requirements of this section does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. (d) This section shall become operative on January 1, 2006. (Amended by Stats. 2005, Ch. 48, Sec. 12. Effective July 18, 2005. Note: This section was inoperative from July 18, 2005, until January 1, 2006, pursuant to subd. (d) from this amendment (Stats. 2005, Ch. 48).)
  85. 7159.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    For certain fire alarm sales tied to alarm systems, the licensee may use the Section 7159 exception only if it follows the listed contract, certification, disclosure, copy-delivery, and record-retention requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7159.9. (a) Section 7159 does not apply to the sale, installation, and servicing of a fire alarm sold in conjunction with an alarm system, as defined in Section 7590.1 of the Alarm Company Act (Chapter 11.6 (commencing with Section 7590)), provided the licensee does all of the following: (1) Complies with the contract requirements set forth in Section 7599.54. (2) Complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil Code, as applicable. (3) Executes the following certification statement in the contract or in a separate certification document signed by all parties to the contract: “All costs attributable to making the fire alarm system operable for the residence identified by this document, including sale and installation costs, do not exceed five hundred dollars ($500).” (4) Certifies to the following if the certification statement described in paragraph (3) is in a separate document: “I certify that all statements and representations made by me in this document are true and accurate.” (b) The contract or separate certification document shall also include both of the following: (1) The physical address of the residence for which the certification is applicable. (2) The name, business address, and license number of the contractor as contained in the official records of the board. (c) The licensee shall give an exact copy of all documents required pursuant to this section to the party who is contracting to have the alarm system installed. (d) All documents required pursuant to this section shall be retained by the licensee for a period of five years in accordance with the provisions of Section 7111, and shall be made available to the board within 30 days of a written request. (e) Failure by the contractor to provide the board with the certification or contract within 30 days of a written request is cause for discipline. (f) Failure by the licensee to provide the board with the certification or contract within 30 days of a written request creates a presumption that the licensee has violated the provisions of Section 7159, unless evidence to the contrary is presented within the timeframe specified by the board. (Amended by Stats. 2018, Ch. 406, Sec. 4. (SB 904) Effective January 1, 2019.)
  86. 716.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. )

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    A board may refuse a license or discipline a California license holder for certain acts or omissions, but only if state licensing grounds exist and federal law does not authorize or exempt the conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. ) ## 716. Notwithstanding any other provision of law, a board under this division may deny issuance of a license to an applicant or take disciplinary action against the holder of a California license for acts or omissions committed by the applicant or licensee in the course of professional practice or rendering services described in Section 715 if both of the following apply: (a) The acts or omissions committed by the applicant or licensee constituted grounds for denial or discipline pursuant to the laws of this state governing licensees or applicants for licensure for the profession or vocation in question. (b) The acts or omissions constituting the basis for denial or discipline by the agency were not authorized, exempted or rendered inconsistent by federal statute. (Added by Stats. 1983, Ch. 239, Sec. 3.)
  87. 7160.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A person induced into a work-of-improvement contract by knowingly false or fraudulent statements may sue the contractor or solicitor for $500, reasonable attorney’s fees, and any actual damages.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7160. Any person who is induced to contract for a work of improvement, including but not limited to a home improvement, in reliance on false or fraudulent representations or false statements knowingly made, may sue and recover from such contractor or solicitor a penalty of five hundred dollars ($500), plus reasonable attorney’s fees, in addition to any damages sustained by him by reason of such statements or representations made by the contractor or solicitor. (Added by renumbering Section 7028.2 by Stats. 1972, Ch. 1138.)
  88. 7161.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Any person who uses false or deceptive home-improvement advertising, misrepresents a contract, commits fraud in related documents, or knowingly overstates indebtedness commits a misdemeanor. The court must order restitution in certain natural-disaster fraud cases and may also impose a fine of $500 to $25,000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7161. It is a misdemeanor for any person to engage in any of the following acts, the commission of which is cause for disciplinary action against any licensee or applicant: (a) Using false, misleading, or deceptive advertising as an inducement to enter into any contract for a work of improvement, including, but not limited to, any home improvement contract, whereby any member of the public may be misled or injured. (b) Making any substantial misrepresentation in the procurement of a contract for a home improvement or other work of improvement or making any false promise of a character likely to influence, persuade, or induce any person to enter into the contract. (c) Any fraud in the execution of, or in the material alteration of, any contract, trust deed, mortgage, promissory note, or other document incident to a home improvement transaction or other transaction involving a work of improvement. (d) Preparing or accepting any trust deed, mortgage, promissory note, or other evidence of indebtedness upon the obligations of a home improvement transaction or other transaction for a work of improvement with knowledge that it specifies a greater monetary obligation than the consideration for the improvement work, which consideration may be a time sale price. (e) Directly or indirectly publishing any advertisement relating to home improvements or other works of improvement that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading, or by any means advertising or purporting to offer to the general public this improvement work with the intent not to accept contracts for the particular work or at the price that is advertised or offered to the public, except that any advertisement that is subject to and complies with the existing rules, regulations, or guides of the Federal Trade Commission shall not be deemed false, deceptive, or misleading. (f) (1) Any person who violates subdivision (b), (c), (d), or (e) as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, defined as the overall capability of the defendant to reimburse the costs, or a portion of the costs, including consideration of, but not limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position, provided that the court shall not consider a period of more than one year from the date of the hearing for purposes of determining the reasonably discernible future financial position of the defendant. (C) The likelihood that the defendant will be able to obtain employment within one year from the date of the hearing. (D) Any other factor that may bear upon the defendant’s financial capability to reimburse the county for costs. (2) In addition to full restitution and imprisonment as authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States. (g) This section shall become operative on July 1, 2021. (Repealed (in Sec. 9) and added by Stats. 2020, Ch. 92, Sec. 10. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  89. 7162.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Licensed contractors making certain representations about goods or materials for a home improvement contract must put the details in writing in the contract or specifications.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7162. (a) Notwithstanding any other provision of law, any representation by a person licensed pursuant to this chapter with respect to a trademark or brand name, quality, or size of any goods or materials, in reference to bathroom fixtures, a sink, stove, refrigerator, lighting, carpeting and other floor surfaces, burglar and smoke alarms, a solar energy system, paints, textured coatings, siding and other wall surfaces, insulation, roofing, air conditioning and heating systems, and appliances, to be provided by the person pursuant to a home improvement contract, as defined in Section 7151.2, shall set forth, in writing, in the contract or specifications and shall include a description of the goods or materials, including any brand name, model number, or similar designation. (b) Failure to install the specific goods or materials as represented as required by this section constitutes a cause for disciplinary action under this chapter. (Amended by Stats. 2021, Ch. 249, Sec. 5. (SB 757) Effective January 1, 2022.)
  90. 7163.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A home-improvement contract tied to financing is not enforceable unless the listed loan and buyer-consent conditions are met. Before then, the contractor cannot perform most work or claim the contract is enforceable, and if the contract is unenforceable the contractor must return the buyer’s money or property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7163. (a) No contract for home improvement shall be enforceable against the buyer if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract or if the contractor provides financing, or in any manner assists the buyer to obtain a loan or refers the buyer to any person who may loan or arrange a loan for all or a portion of the contract price unless all of the following requirements are satisfied: (1) The third party, if any, agrees to make the loan. (2) The buyer agrees to accept the loan or financing. (3) The buyer does not rescind the loan or financing transaction, within the period prescribed for rescission, pursuant to the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) or Regulation Z, if applicable. (b) Until the requirements of paragraphs (1), (2), and (3) of subdivision (a) are satisfied, it shall be unlawful for the contractor to do any of the following: (1) Deliver any property or perform any services other than obtaining building permits or other similar services preliminary to the commencement of the home improvement for which no mechanic’s lien can be claimed. (2) Represent in any manner that the contract is enforceable or that the buyer has any obligation thereunder. Any violation of this subdivision shall render the contract unenforceable. (c) If the contract is unenforceable pursuant to subdivision (a) or subdivision (b), the contractor shall immediately and without condition return all money, property, and other consideration given by the buyer. If the buyer gave any property as consideration and the contractor does not or cannot return it for whatever reason, the contractor shall immediately return the fair market value of the property or its value as designated in the contract, whichever is greater. Nothing herein shall prohibit a contractor from receiving a downpayment otherwise permitted by law provided the contractor returns the downpayment as herein required if the contract is unenforceable pursuant to subdivision (a) or (b). (d) (1) Except as provided in paragraph (2), the buyer may retain without obligation in law or equity any services or property provided pursuant to a contract that is unenforceable pursuant to subdivision (a) or subdivision (b). (2) If the contractor has delivered any property to the buyer pursuant to a contract which is unenforceable pursuant to subdivision (a) or subdivision (b), the buyer shall make the property available to the contractor for return provided that all of the following requirements are satisfied: (A) The property can be practically returned to the contractor without causing any damage to the buyer. (B) The contractor, at the contractor’s expense, first returns to the buyer any money, property, and other consideration taken by the contractor provided that the property is returned in the condition that it was in immediately prior to its taking. If applicable, the contractor shall also, at its expense, reinstall any property taken in the manner in which the property had been installed prior to its taking. (C) The contractor, at the contractor’s expense, picks up the property within 60 days of the execution of the contract. (e) For the purpose of this section, “home improvement” means “home improvement” as defined in Section 7151. Goods are included within the definition notwithstanding whether they are to be attached to real property or to be so affixed to real property as to become a part thereof whether or not severable therefrom. (f) The rights and remedies provided the buyer under this section are nonexclusive and cumulative to all other rights and remedies under other laws. (g) Any waiver of this section shall be deemed contrary to public policy and shall be void and unenforceable. However, the buyer may waive subdivisions (a) and (b) to the extent that the contract is executed in connection with the making of emergency repairs or services that are necessary for the immediate protection of persons or real or personal property. The buyer’s waiver for emergency repairs or services shall be in a dated written statement that describes the emergency, states that the contractor has informed the buyer of subdivisions (a) and (b) and that the buyer waives those provisions, and is signed by each owner of the property. Waivers made on printed forms are void and unenforceable. (Amended by Stats. 1993, Ch. 589, Sec. 13. Effective January 1, 1994.)
  91. 7164.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Home-improvement contracts for a single-family dwelling kept by the owner for at least one year must be in writing and signed by both parties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7164. (a) Notwithstanding Section 7044, every contract and any changes in a contract, between an owner and a contractor, for the construction of a single-family dwelling to be retained by the owner for at least one year shall be evidenced in writing signed by both parties. (b) The writing shall contain the following: (1) The name, address, and license number of the contractor. (2) The approximate dates when the work will begin and be substantially completed. (3) A legal description of the location where the work will be done. (4) A statement with the heading “Mechanics Lien Warning” as follows: “MECHANICS LIEN WARNING: Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or other persons you contract with directly or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.” (5) (A) A statement prepared by the board through regulation that emphasizes the value of commercial general liability insurance and encourages the owner to verify the contractor’s insurance coverage and status. (B) A check box indicating whether or not the contractor carries commercial general liability insurance, and if that is the case, the name and the telephone number of the insurer. (c) The writing may also contain other matters agreed to by the parties to the contract. The writing shall be legible and shall clearly describe any other document which is to be incorporated into the contract. Prior to commencement of any work, the owner shall be furnished a copy of the written agreement, signed by the contractor. The provisions of this section are not exclusive and do not relieve the contractor from compliance with all other applicable provisions of law. (d) Every contract subject to the provisions of this section shall contain, in close proximity to the signatures of the owner and contractor, a notice in at least 10-point boldface type or in all capital letters, stating that the owner has the right to require the contractor to have a performance and payment bond and that the expense of the bond may be borne by the owner. (e) The requirements in paragraph (5) of subdivision (b) shall become operative three months after the board adopts the regulations referenced in subparagraph (A) of paragraph (5) of subdivision (b). (f) This section shall become operative on January 1, 2006. (Amended by Stats. 2010, Ch. 697, Sec. 8. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  92. 7165.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    This section lets certain swimming pool contracts use these special requirements instead of part of Section 7163 if a third-party lender finances the job and all stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7165. The requirements of this section may be substituted for the requirements of paragraphs (1), (2), and (3) of subdivision (a) of Section 7163 if a swimming pool contract is to be financed by a third-party lender and if all the following conditions are met: (a) The lender has agreed, in writing, to provide financing to the buyer for the maximum estimated construction cost of the swimming pool. (b) The lender has provided the buyer a written copy of the terms and conditions of the loan for the maximum estimated construction cost of the swimming pool, including the following terms disclosed in the manner required by the federal Truth in Lending Act and Regulation Z: the annual percentage rate, the finance charge, the amount financed, the total number of payments, the payment schedule, and a description of the security interest to be taken by the lender. (c) The lender has agreed in writing to the following: (1) To offer to loan the maximum estimated construction cost on the terms and conditions disclosed pursuant to subdivision (b). (2) If the construction cost of the swimming pool is determined after the completion of excavation to be less than the maximum estimated construction cost, to offer to loan the lesser amount needed to complete the construction of the swimming pool on the same security as, and at an annual percentage rate and monthly payment amount not to exceed, that disclosed in subdivision (b). The lender’s written agreement shall state the duration of the offer, which shall not be less than 15 days following the completion of the excavation of the swimming pool. (d) The buyer acknowledges receipt of the writings required by subdivisions (a), (b), and (c) and, no sooner than three business days after receiving all of these writings, requests on the form prescribed in subdivision (e) that the contractor begin performance of the swimming pool contract prior to the expiration of any rescission period applicable to the loan. (e) The request of a buyer, described in subdivision (d), shall be set forth on a document separate and apart from the swimming pool contract and shall contain the following notice in at least 10-point type unless otherwise stated: ## “NOTICE Under the law, this contract is not enforceable until: (1) A third party agrees to make a loan to finance the construction cost of the swimming pool; (2) You agree to accept the loan; and (3) You do not cancel the loan within the period prescribed for cancellation under the federal Truth in Lending Act or Regulation Z (usually three business days after the loan is consummated). Until the cancellation period is over, the contractor cannot deliver any materials or perform any services except preliminary services for which no mechanic’s lien can be claimed. However, as an alternative to the above, you can ask the contractor to start work and deliver materials before the cancellation period on the loan is over if all of the following have occurred: (1) The lender has agreed, in writing, to provide you with financing for up to the maximum estimated construction cost of the swimming pool. (2) The lender has provided you with a written copy of the terms and conditions of a loan for the maximum estimated cost, including the annual percentage rate, the finance charge, the amount financed, the total of payments, the payment schedule, and a description of the security interest to be taken by the lender. (3) The lender has agreed in writing to offer these terms and conditions for a period not less than 15 days following completion of the excavation of the swimming pool. (4) Three business days have passed since you received the writing mentioned in paragraphs (1), (2), and (3), and you then sign a copy of this form to request that the contractor begin construction of the swimming pool before the cancellation period on your loan is over. The first day you can sign the request for the contractor to begin construction of the swimming pool is . (contractor to insert third business day after buyer receives writings described in subdivisions (a), (b), and (c)) If you sign this request, the contractor will be permitted to immediately begin performance of the contract, and if the contractor is not paid in accordance with the terms of the contract, he or she may file a lien against your property for the value of the labor and materials provided. [This paragraph shall be printed in 12-point type.] ## REQUEST I/we request that the contractor immediately start construction of the swimming pool. ______ Date __________ Buyer(s)” (f) The contractor shall provide the buyer a copy of the buyer’s signed request at the time of signature. (g) This section applies to each buyer who signs the swimming pool contract or the promissory note, other evidence of indebtedness, or security instrument incident to the loan for swimming pool construction. (h) For the purpose of this section, “business day” has the meaning provided in Section 9 of the Civil Code. (Added by renumbering Section 7167.5 by Stats. 1991, Ch. 1160, Sec. 51.)
  93. 7166.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    Article 10 does not apply to certain swimming pool construction contracts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7166. The provisions of Article 10 shall not apply to contracts for the construction of swimming pools to be built for the use and enjoyment of other than a single-family unit upon or contiguous to premises occupied only by a single-family unit, nor shall they apply to the construction of swimming pools built as part of an original building plan by the same contractor who builds a single-family dwelling unit on the premises. (Added by renumbering Section 7170 by Stats. 1991, Ch. 1160, Sec. 54.)
  94. 7167.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    A swimming pool construction contract that does not substantially comply with specified Section 7159 requirements is void and unenforceable by the contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7167. (a) Any contract, the primary purpose of which is the construction of a swimming pool, that does not substantially comply with paragraph (4) or (5) of subdivision (c) or paragraph (7), (8), or (9) of subdivision (d) of Section 7159, shall be void and unenforceable by the contractor as contrary to public policy. (b) Failure by the contractor to comply with paragraph (5) of subdivision (c) of Section 7159 as set forth in subdivision (a) of this section does not preclude the recovery of compensation for work performed based on quasi-contract, quantum meruit, restitution, or other similar legal or equitable remedies designed to prevent unjust enrichment. (Amended (as added by Stats. 2005, Ch. 48, Sec. 21) by Stats. 2005, Ch. 385, Sec. 10. Effective January 1, 2006.)
  95. 7168.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    In covered swimming-pool construction disputes, the court must award reasonable attorney’s fees to the prevailing party.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7168. In any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction, the court shall award reasonable attorney’s fees to the prevailing party. (Added by renumbering Section 7169 by Stats. 1991, Ch. 1160, Sec. 53.)
  96. 7169.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    The board and the Public Utilities Commission must create and publish a solar energy system disclosure document, and solar energy system companies must give it to consumers before a sale, financing, or lease is completed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7169. (a) The board, in collaboration with the Public Utilities Commission, shall develop and make available a “solar energy system disclosure document” or documents that provide a consumer, at a minimum, accurate, clear, and concise information regarding the installation of a solar energy system, total costs of installation, anticipated savings, the assumptions and inputs used to estimate the savings, and the implications of various financing options. (b) On or before July 1, 2018, the board, in collaboration with the Public Utilities Commission, shall develop, and make available on its internet website the disclosure document described in subdivision (a) that a solar energy system company shall provide to a consumer prior to completion of a sale, financing, or lease of a solar energy system. The “solar energy system disclosure document” shall be printed on the front page or cover page of every solar energy contract. The “solar energy system disclosure document” shall be printed in boldface 16-point type and include the following types of primary information: (1) The total cost and payments for the system, including financing costs. (2) Information on how and to whom customers may provide complaints. (3) The consumer’s right to the applicable cancellation period pursuant to Section 7159 of the Business and Professions Code. (c) At the board’s discretion, other types of supporting information the board and the commission deem appropriate or useful in furthering the directive described in subdivision (a) may be included in the solar energy disclosure document following the front page or cover page, including, but not limited to: (1) The amounts and sources of financing obtained. (2) The calculations used by the home improvement salesperson to determine how many panels the homeowner needs to install. (3) The calculations used by the home improvement salesperson to determine how much energy the panels will generate. (4) Any additional monthly fees the homeowner’s electric company may bill, any turn-on charges, and any fees added for the use of an internet monitoring system of the panels or inverters. (5) The terms and conditions of any guaranteed rebate. (6) The final contract price, without the inclusion of possible rebates. (7) The solar energy system company’s contractor’s license number. (8) The impacts of solar energy system installations not performed to code. (9) Types of solar energy system malfunctions. (10) Information about the difference between a solar energy system lease and a solar energy system purchase. (11) The impacts that the financing options, lease agreement terms, or contract terms will have on the sale of the consumer’s home, including any balloon payments or solar energy system relocation that may be required if the contract is not assigned to the new owner of the home. (12) A calculator that calculates performance of solar projects to provide solar customers the solar power system’s projected output, which may include an expected performance-based buy-down calculator. (d) A contract for sale, financing, or lease of a solar energy system and the solar energy system disclosure document shall be written in the same language as was principally used in the oral sales presentation made to the consumer or the print or digital marketing material given to the consumer. (e) For solar energy systems utilizing Property Assessed Clean Energy (PACE) financing, the Financing Estimate and Disclosure form required by subdivision (b) of Section 5898.17 of the Streets and Highways Code shall satisfy the requirements of this section with respect to the financing contract only, but not, however, with respect to the underlying contract for installation of the solar energy system. (f) The board shall post the PACE Financing Estimate and Disclosure form required by subdivision (b) of Section 5898.17 of the Streets and Highways Code on its internet website. (g) For purposes of this section, “solar energy system” means a solar energy device to be installed on a residential building that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. (h) This section does not apply to a solar energy system that is installed as a standard feature on new construction. (Amended by Stats. 2021, Ch. 188, Sec. 11. (SB 826) Effective January 1, 2022.)
  97. 717.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. )

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    This section says the article is not meant to address the scope of practice of certain licensed dental, medical, and nursing professionals, and it should not be read to change that scope under federal law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. ) ## 717. This article is not intended to address the scope of practice of a dentist, physician and surgeon, or nurse licensed under this division, and nothing in this article shall be construed to restrict, expand, alter, or modify the existing scope of practice established by federal statute or regulation. (Added by Stats. 1983, Ch. 239, Sec. 4.)
  98. 7170.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. )

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    The Contractors State License Board must receive and review complaints and consumer questions about solar energy systems companies and solar contractors, and annually compile a public report on solar-contractor complaints.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 10. Home Improvement Business [7150 - 7170] ( Article 10 added by Stats. 1961, Ch. 1021. ) ## 7170. (a) The Contractors State License Board shall receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors. The board shall also receive complaints received from state agencies regarding solar energy systems companies and solar contractors. (b) Beginning on July 1, 2019, the board annually shall compile a report documenting consumer complaints relating to solar contractors. The report shall be made available publicly on the board’s and the Public Utilities Commission’s internet websites. The report shall contain all of the following: (1) The number and types of complaints. (2) The ZIP Code where the consumer complaint originated. (3) The disposition of all complaints received against a solar contractor. (Amended by Stats. 2021, Ch. 249, Sec. 6. (SB 757) Effective January 1, 2022.)
  99. 718.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. )

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    Certain active-duty military physicians may practice medicine in training programs if the stated conditions are met; trainees in programs off a federal reservation must register and limit practice to patients seen as part of their duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. ) ## 718. A physician and surgeon who is not licensed in this state but who is a commissioned officer on active duty in the medical corps of any branch of the armed forces of the United States may engage in the practice of medicine as part of a residency, fellowship, or clinical training program if all the following conditions are met: (a) The residency, fellowship, or clinical training program is conducted by a branch of the armed forces of the United States at a health facility on a federal reservation and limited in enrollment to military physicians on active duty in the medical corps of a branch of the armed forces of the United States. (b) The residency, fellowship, or clinical training program, as part of its program, contracts with or affiliates with a similar program in or at a health facility not on a federal reservation to offer specific courses or training not available at the facility located on the federal reservation. (c) The officers enrolled in the residency, fellowship, or clinical training program restrict their practice only to patients who are seen as part of their duties in the program. (d) The compensation received by the officers enrolled in the residency, fellowship, or clinical training program is limited to their regular pay and allowances as commissioned officers. (e) The officers enrolled in the training programs or portions of training programs not conducted on a federal reservation shall register with the Division of Licensing of the Medical Board of California on a form provided by the division. (Amended by Stats. 1989, Ch. 886, Sec. 9.)
  100. 7180.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

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    Uncertified people may not practice as asbestos consultants or site surveillance technicians after July 1, 1992, subject to a limited sampling exception for certain contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7180. (a) No person shall, on or after July 1, 1992, engage in the practice of an asbestos consultant as defined in Section 7181, or as a site surveillance technician as defined in Section 7182, unless he or she is certified by the Division of Occupational Safety and Health pursuant to regulations required by subdivision (b) of Section 9021.5 of the Labor Code. (b) Certification as an asbestos consultant or site surveillance technician shall not be required when a licensed contractor or registered asbestos abatement contractor takes no more than 12 bulk samples of suspected asbestos-containing material that is required to be removed, repaired, or disturbed as part of a construction project in a residential dwelling solely for any of the following purposes: (1) bid preparation for asbestos abatement; (2) evaluating exposure to its own employees during construction or asbestos abatement; or (3) determining for its own purposes or for the purpose of communicating whether or not a contract for asbestos abatement has been satisfactorily completed. Persons taking samples for the purposes described in this section shall be certified building inspectors under the Asbestos Hazard Emergency Response Act, as specified in Section 763 of Title 40 of the Code of Federal Regulations, appendix (c) to subpart (e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. A bid for asbestos abatement may communicate the results and location of sampling for the presence of asbestos and how the asbestos will be abated. This section does not affect the requirement that asbestos abatement contractors be registered under Section 6501.5 of the Labor Code, nor does it permit a licensed contractor or asbestos abatement contractor to perform clearance air monitoring following asbestos abatement, unless otherwise permitted by law. (Amended by Stats. 1996, Ch. 526, Sec. 1. Effective January 1, 1997.)
  101. 7180.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    If a building owner or operator hires someone for asbestos consulting or site surveillance technician work after July 1, 1992, they must contract with a person certified by the Division of Occupational Safety and Health.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7180.5. When a building owner or operator engages the services of a person to perform asbestos consulting or site surveillance technician activities as defined in Sections 7181 and 7182 after July 1, 1992, the building owner or operator shall contract with a person who is certified by the Division of Occupational Safety and Health pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  102. 7181.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    An asbestos consultant is a person who contracts to provide professional health and safety services relating to asbestos-containing material.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7181. An “asbestos consultant,” as used in this chapter, means any person who contracts to provide professional health and safety services relating to asbestos-containing material, as defined in subdivision (b) of Section 6501.8 of the Labor Code, including building inspections, abatement project design, contract administration, supervision of site surveillance technicians as defined in Section 7182, sample collections, preparation of asbestos management plans, and clearance air monitoring. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  103. 7182.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    A “site surveillance technician” is a person who works as an independent onsite representative of an asbestos consultant and performs specified asbestos monitoring, surveys, and contract administration tasks.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7182. A “site surveillance technician” means any person who acts as an independent onsite representative of an asbestos consultant who monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personnel samples, and performs building surveys and contract administration at the direction of an asbestos consultant. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  104. 7183.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    The division must notify certification applicants in writing within 15 days, issue certification cards within 45 days after a completed application is filed, and issue a provisional card if it cannot meet those deadlines.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7183. (a) Within 15 days of receipt of an application for certification pursuant to this article, the division shall inform the applicant in writing either (1) that the application is complete and accepted, or (2) that it is deficient and that additional information, documentation, or examination, specified in the notification, is required to complete the application. Within 45 days of the date of filing of a completed application, the division shall issue to each person who qualifies for certification pursuant to this article, a certification card which shall identify the holder thereof and the type of certification for which he or she has qualified. If the division cannot comply with the notification deadlines specified in this section, the division shall issue a provisional certification card until all procedures specified in this section are completed. (b) The certification required by this article shall satisfy all certification requirements of the division for asbestos consultants and site surveillance technicians. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  105. 7183.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    The division must enforce this article and may revoke a certification when it finds it was obtained under false pretenses or the person acted fraudulently, grossly negligently, or with repeated negligence.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7183.5. The division shall enforce this article. In the event the division determines that a certified asbestos consultant or site surveillance technician obtained certification under false pretenses, or that a certified asbestos consultant or site surveillance technician acted in a grossly negligent or fraudulent manner, or engaged in repeated acts of negligence, the division shall revoke that person’s certification. The division shall only revoke a certification after complying with all of the procedural requirements of Chapter 5 (commencing with Section 11500) of Division 3 of Part 1 of Title 2 of the Government Code. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  106. 7184.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    A person qualifies as a certified asbestos consultant only by meeting the listed experience, certificate, and examination requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7184. A person shall qualify as a certified asbestos consultant by meeting all of the following requirements: (a) Having any one of the following: (1) One year of asbestos-related experience, and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science. (2) Two years of asbestos-related experience, and a bachelor’s degree. (3) Three years of asbestos-related experience, and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science. (4) Four years of asbestos-related experience and a high school diploma or its equivalent. (b) Possession of a valid federal Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) certificate for the type of work being performed, or its equivalent, as determined by the division. (c) Demonstration of proficiency by achieving a passing score as determined by the division on an examination approved or administered by the division including, but not limited to, the following subjects: (1) Physical characteristics of asbestos. (2) Health effects of asbestos. (3) Federal Occupational Safety and Health Administration, Division of Occupational Safety and Health, Environmental Protection Agency, air quality management districts, and State Department of Health Services regulatory requirements, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards. (4) State-of-the-art asbestos abatement and control work procedures. The division shall define and incorporate into the certification standards the term “state-of-the-art” for purposes of this article, in the regulations required by subdivision (b) of Section 9021.5 of the Labor Code. (5) Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the division. (6) Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  107. 7185.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    A person can qualify as a certified site surveillance technician only by meeting the listed experience, education, certificate, and exam requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7185. A person shall qualify as a certified site surveillance technician by meeting all of the following requirements: (a) Having six months of asbestos-related experience under the supervision of an asbestos consultant. (b) Possession of a high school diploma or equivalent. (c) Possession of a valid federal Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) certificate for the type of work being performed, or its equivalent, as determined by the division. (d) Demonstration of proficiency by achieving a passing score, as determined by the division, on an examination approved or administered by the division covering the following subjects: (1) Physical characteristics of asbestos. (2) Health effects of asbestos. (3) Federal Occupational Safety and Health Administration, Division of Occupational Safety and Health, Environmental Protection Agency, air quality management districts, and State Department of Health Services regulatory requirements, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, and general industry safety hazards. (4) State-of-the-art asbestos abatement and control work procedures. (5) Industrial hygiene sampling methodology, including sampling techniques and recordkeeping. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  108. 7187.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    When certain asbestos consultants or site surveillance technicians are hired by a building owner or operator, they cannot have a financial or ownership interest in the asbestos abatement contractor on the same project.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7187. When a building owner or operator contracts with an asbestos consultant or site surveillance technician for performance of the activities described in Sections 7181 and 7182, that asbestos consultant or site surveillance technician shall not have any financial or proprietary interest in an asbestos abatement contractor hired for the same project. However, this section shall not preclude the hiring of a consultant by a contractor for the purpose of providing health and safety services for the personnel of the contractor. This section shall not apply when a licensed contractor or registered asbestos abatement contractor takes no more than 12 bulk samples of suspected asbestos-containing material that is required to be removed, repaired, or disturbed as part of a construction project in a residential dwelling solely for any of the following purposes: (1) bid preparation for asbestos abatement; (2) evaluating exposure to its own employees during construction or asbestos abatement; or (3) determining for its own purposes or for the purpose of communicating whether or not a contract for asbestos abatement has been satisfactorily completed. Persons taking samples for the purposes described in this section shall be certified building inspectors under the Asbestos Hazard Emergency Response Act, as specified in Section 763 of Title 40 of the Code of Federal Regulations, appendix (c) to subpart (e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. A licensed contractor or asbestos abatement contractor may seek compensation for bid preparation, including the cost of laboratory analysis of asbestos-containing material. It is the intent of the Legislature in enacting this section to make certain that the asbestos-related work performed by a consultant, including, but not limited to, clearance air monitoring, project design, and contract administration, is performed in a manner which provides for independent professional judgment undertaken without consideration of the financial or beneficial interest of the contractor. (Amended by Stats. 1996, Ch. 526, Sec. 2. Effective January 1, 1997.)
  109. 7189.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    A person who practices as an asbestos consultant or site surveillance technician without certification, or who violates Section 7187, can be penalized.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7189. Any person who engages in the practices of an asbestos consultant or a site surveillance technician, who is not certified pursuant to this article, or who violates Section 7187, is subject to one of the following penalties: (a) Conviction of a first offense is an infraction punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000). (b) Conviction of a subsequent offense is a misdemeanor requiring revocation or suspension of any asbestos consultant’s or site surveillance technician’s certification, and a fine not not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one year, or both the fine and imprisonment. The division shall only impose these penalties after complying with all of the procedural requirements of Chapter 5 (commencing with Section 11500) of Division 3 of Part 1 of Title 2 of the Government Code. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  110. 7189.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    This section applies to asbestos abatement projects that qualify as asbestos-related work and involve 100 square feet or more of asbestos-containing material.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7189.5. This article shall apply to asbestos abatement projects within the meaning of asbestos-related work as defined in Section 6501.8 of the Labor Code, and which involves 100 square feet or more of surface area of asbestos containing material. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  111. 7189.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. )

    Verify source ↗

    The state must, where feasible, assign certain civil service classifications to asbestos consultation work, and the assigned individuals must be certified before doing that work. The article also does not require state agencies to hire outside asbestos consultants or site surveillance technicians, and it does not require certain attorneys to be certified.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 11. Asbestos Consultants [7180 - 7189.7] ( Article 11 added by Stats. 1990, Ch. 1255, Sec. 1. ) ## 7189.7. (a) Nothing in this article shall be construed to require agencies of the state to contract with asbestos consultants or site surveillance technicians who are not employees of the state as long as employees of the state who are assigned to perform the activities described in Sections 7181 and 7182 have been certified by the division pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code. Where feasible, the state shall assign a state civil service classification of associate industrial hygienist or senior industrial hygienist to carry out asbestos consultation activities as described in Section 7181 for state-owned and leased buildings. The individuals in the classification assigned shall be certified as required in this article before performing these activities. (b) Nothing in this article shall be construed to require attorneys who provide legal advice on asbestos-related matters to building owners or operators to be certified by the division pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code. (Added by Stats. 1990, Ch. 1255, Sec. 1.)
  112. 7190.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 12. Prohibitions [7190 - 7191] ( Article 12 added by Stats. 1994, Ch. 1135, Sec. 5. )

    Verify source ↗

    Licensed contractors may not use a public official’s name or position in ads or promotional material without written authorization.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 12. Prohibitions [7190 - 7191] ( Article 12 added by Stats. 1994, Ch. 1135, Sec. 5. ) ## 7190. (a) The name or position of a public official may not be used in an advertisement or any promotional material by a person licensed under this chapter, without the written authorization of the public official. A printed advertisement or promotional material that uses the name or position of a public official with that public official’s written authorization, shall also include a disclaimer in at least 10-point roman boldface type, that shall be in a color or print which contrasts with the background so as to be easily legible, and set apart from any other printed matter. The disclaimer shall consist of a statement that reads “The name of (specify name of public official) does not imply that (specify name of public official) endorses this product or service in (his or her) official capacity and does not imply an endorsement by any governmental entity.” If the advertisement is broadcast, this statement shall be read in a clearly audible tone of voice. (b) For purposes of this section, “public official” means a member, officer, employee, or consultant of a local government agency, as defined in Section 82041 of the Government Code, or state agency, as defined in Section 82049 of the Government Code. (Added by Stats. 1994, Ch. 1135, Sec. 5. Effective January 1, 1995.)
  113. 7191.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 12. Prohibitions [7190 - 7191] ( Article 12 added by Stats. 1994, Ch. 1135, Sec. 5. )

    Verify source ↗

    Certain residential contracts must label an arbitration clause clearly and print a required notice near the signature line; noncompliant arbitration provisions may be unenforceable against anyone except the licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 12. Prohibitions [7190 - 7191] ( Article 12 added by Stats. 1994, Ch. 1135, Sec. 5. ) ## 7191. (a) If a contract for work on residential property with four or fewer units contains a provision for arbitration of a dispute between the principals in the transaction, the provision shall be clearly titled “ARBITRATION OF DISPUTES.” If a provision for arbitration is included in a printed contract, it shall be set out in at least 10-point roman boldface type or in contrasting red print in at least 8-point roman boldface type, and if the provision is included in a typed contract, it shall be set out in capital letters. (b) Immediately before the line or space provided for the parties to indicate their assent or nonassent to the arbitration provision described in subdivision (a), and immediately following that arbitration provision, the following shall appear: “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” If the above provision is included in a printed contract, it shall be set out either in at least 10-point roman boldface type or in contrasting red print in at least 8-point roman boldface type, and if the provision is included in a typed contract, it shall be set out in capital letters. (c) A provision for arbitration of a dispute between a principal in a contract for work on a residential property with four or fewer units that does not comply with this section may not be enforceable against any person other than the licensee. (d) This section does not limit the board’s authority to investigate complaints or to discipline a licensee for violations of this code. (Added by Stats. 1994, Ch. 1135, Sec. 5. Effective January 1, 1995.)
  114. 7195.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

    Verify source ↗

    This section defines home inspection terms for Chapter 9.3, including what counts as a home inspection, home inspector, material defect, home inspection report, and transfer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7195. For purposes of this chapter, the following definitions apply: (a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (2) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code. (3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following: (A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts. (B) The number of window glass panes and frame types. (C) The heating and cooling equipment and water heating systems. (D) The age and fuel type of major appliances. (E) The exhaust and cooling fans. (F) The type of thermostat and other systems. (G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems. (H) The solar control efficiency of existing windows. (b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective. (c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features, and whether those features are in place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019. This subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code. (d) A “home inspector” is any individual who performs a home inspection. (e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. (Amended by Stats. 2024, Ch. 769, Sec. 2. (SB 552) Effective January 1, 2025.)
  115. 7195.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    A home inspection report may include an irrigation system inspection report, and penalties may not be imposed for irrigation operation during that inspection.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7195.5. (a) For purposes of improving landscape water use and irrigation efficiency, a home inspection report on a dwelling unit prepared pursuant to this chapter on a parcel containing an in-ground landscape irrigation system, the operation of which is under the exclusive control of the owner or occupant of the dwelling, may include an irrigation system inspection report, prepared by either a home inspector or certified landscape irrigation auditor, that contains all of the following: (1) Examination of the irrigation system controller, if present, noting observable defects in installation or operation, or both. (2) Activation of each zone or circuit providing irrigation water to turf grass, noting malfunctions observed in the operation of each of the following: (A) The irrigation valve. (B) Visible irrigation supply piping. (C) Sprinkler heads and stems. (3) During activation of the system pursuant to paragraph (2), observation of any of the following during the period of operation, in minutes, specified in the report: (A) Irrigation spray being directed to hardscape. (B) Irrigation water leaving the irrigated area as surface runoff. (C) Ponding of irrigation water on the surface of the irrigated area. (4) Notation whether inspection is limited due to snow, ice, or other site conditions that impede an inspection. (b) Notwithstanding any other law, a sanction or penalty regarding prohibited hours, days, or effects of operation of a landscape irrigation system shall not be levied upon either the home inspector, the landscape irrigation auditor, the occupant, or the owner of a property by any state or local agency or water purveyor as a consequence of the operation of a landscape irrigation system for the purpose of an irrigation system inspection carried out under this section. (c) A home inspector is encouraged to provide information or access to information regarding water-efficient landscape irrigation systems within the home inspection report. (d) To the extent funds are available, the Department of Water Resources, in consultation with the California Real Estate Inspection Association and the Department of Housing and Community Development, shall compile an estimate of the number of properties for which an irrigation system inspection report has been prepared each year, beginning with 2018, for inclusion in an update to the California Water Plan. (Added by Stats. 2018, Ch. 867, Sec. 3. (AB 2371) Effective January 1, 2019.)
  116. 7195.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    A home inspector may not give an opinion of valuation on a property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7195.7. A home inspector shall not give an opinion of valuation on a property. (Added by Stats. 2019, Ch. 267, Sec. 1. (AB 1018) Effective January 1, 2020.)
  117. 7196.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    A qualifying home inspector must perform inspections with the care a reasonably prudent home inspector would use.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7196. It is the duty of a home inspector who is not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. (Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)
  118. 7196.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    The section limits what home inspectors and related licensed professionals may do: non-engineer home inspectors cannot perform engineering-type analysis, some professionals are not covered when acting under their own licenses, and real estate appraisers generally may not do home-inspector work except when required by law or regulation standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7196.1. (a) Nothing in this chapter shall be construed to allow home inspectors who are not registered engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering, or to exempt a home inspector from Chapter 3 (commencing with Section 5500), Chapter 7 (commencing with Section 6700), Chapter 9 (commencing with Section 7000), Chapter 14 (commencing with Section 8500) of Division 3, or Part 3 (commencing with Section 11300) of Division 4. (b) This chapter does not apply to a registered engineer, licensed land surveyor, or licensed architect acting pursuant to their professional registration or license, nor does it affect the obligations of a real estate licensee or transferor under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 3 of Division 2 of, or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3 of, the Civil Code. (c) Except as required to comply with standards set forth in law or regulation, a real estate appraiser licensed under Part 3 (commencing with Section 11300) of Division 4, performing a real estate appraisal, shall not engage in the activity of a home inspector performing a home inspection. (Amended by Stats. 2019, Ch. 267, Sec. 2. (AB 1018) Effective January 1, 2020.)
  119. 7196.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    If a home inspector sees yellow corrugated stainless steel tubing during an inspection, the inspector must put that observation and a required notification into the home inspection report.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7196.2. (a) If a home inspector observes any shade of yellow corrugated stainless steel tubing during a home inspection, the home inspector shall include that observation, and the following notification, in the home inspection report: “Manufacturers of yellow corrugated stainless steel tubing believe that yellow corrugated stainless steel tubing is safer if properly bonded and grounded as required by the manufacturer’s installation instructions. Proper bonding and grounding of this product can only be determined by a licensed electrical contractor.” (b) For purposes of this section, “corrugated stainless steel tubing” means a flexible, stainless steel pipe used to supply natural gas and propane in residential, commercial, and industrial structures. (c) The degree of care specified in Section 7196 shall be used in determining whether a home inspector has complied with the requirements of subdivision (a). (Added by Stats. 2018, Ch. 225, Sec. 2. (SB 988) Effective January 1, 2019.)
  120. 7197.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    Home inspectors are barred from certain repair, inspection, referral, and contingency-based engagement practices, with limited exceptions for specified contractors and disclosures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7197. (a) It is an unfair business practice for a home inspector, a company that employs the inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector, to do any of the following: (1) To perform or offer to perform, for an additional fee, any repairs to a structure on which the inspector, or the inspector’s company, has prepared a home inspection report in the past 12 months. (2) Inspect for a fee any property in which the inspector, or the inspector’s company, has any financial interest or any interest in the transfer of the property. (3) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or agent, for the referral of any business to the inspector or the inspection company. (4) Accept an engagement to make an inspection or to prepare a report in which the employment itself or the fee payable for the inspection is contingent upon the conclusions in the report, preestablished findings, or the close of escrow. (b) A home protection company that is affiliated with or that retains the home inspector does not violate this section if it performs repairs pursuant to claims made under the home protection contract. (c) This section shall not affect the ability of a structural pest control operator to perform repairs pursuant to Section 8505 as a result of a structural pest control inspection. (d) Paragraph (1) of subdivision (a) shall not affect the ability of a roofing contractor who holds a C-39 license, as defined in Section 832.39 of Title 16 of the California Code of Regulations, to perform repairs pursuant to the contractor’s inspection of a roof for the specific purpose of providing a roof certification if all of the following conditions are met: (1) Different employees perform the home inspection and the roof inspection. (2) The roof inspection is ordered prior to, or at the same time as, the home inspection, or the roof inspection is completed before the commencement of the home inspection. (3) The consumer is provided a consumer disclosure before the consumer authorizes the home inspection that includes all of the following: (A) The same company that performs the roof inspection and roof repairs will perform the home inspection on the same property. (B) Any repairs that are authorized by the consumer are for the repairs identified in the roofing contractor’s roof inspection report and no repairs identified in the home inspection are authorized or allowed as specified in the roof inspection. (C) The consumer has the right to seek a second opinion. (4) For purposes of this subdivision, “roof certification” means a written statement by a licensed C-39 Roofing Contractor who has performed a roof inspection, made any necessary repairs, and warrants that the roof is free of leaks at the time that the certification is issued and should perform as designed for the specified term of the certification. (e) Paragraph (1) of subdivision (a) shall not affect the ability of a plumbing contractor who holds a C-36 license, as defined in Section 832.36 of Title 16 of the California Code of Regulations, to perform repairs pursuant to the inspection of a sewer lateral pipe connecting a residence or business to a sewer system if the consumer is provided a consumer disclosure before the consumer authorizes the home inspection that includes all of the following notifications: (1) The same company that performs the sewer lateral inspection and the sewer lateral repairs will perform the home inspection on the same property. (2) Any repairs that are authorized by the consumer are for the repairs identified in the sewer lateral inspection report and no repairs identified in the home inspection report are authorized or allowed except as specified in the sewer lateral inspection report. (3) The consumer has the right to seek a second opinion on the sewer lateral inspection. (Amended by Stats. 2021, Ch. 545, Sec. 1. (SB 484) Effective January 1, 2022.)
  121. 7198.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    Contract terms that waive the duty under Section 7196 or limit a home inspector’s liability to the cost of the inspection report are invalid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7198. Contractual provisions that purport to waive the duty owed pursuant to Section 7196, or limit the liability of the home inspector to the cost of the home inspection report, are contrary to public policy and invalid. (Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)
  122. 7199.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. )

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    A legal action for breach of duty arising from a home inspection report must be started within four years of the inspection date.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.3. Home Inspectors [7195 - 7199] ( Chapter 9.3 added by Stats. 1996, Ch. 338, Sec. 2. ) ## 7199. The time for commencement of a legal action for breach of duty arising from a home inspection report shall not exceed four years from the date of the inspection. (Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)
  123. 7199.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.4. Home Energy Rating System (HERS) Home Inspections [7199.5 - 7199.7] ( Chapter 9.4 added by Stats. 2010, Ch. 453, Sec. 1. )

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    A home inspection may include a HERS California home energy audit if the client asks for it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.4. Home Energy Rating System (HERS) Home Inspections [7199.5 - 7199.7] ( Chapter 9.4 added by Stats. 2010, Ch. 453, Sec. 1. ) ## 7199.5. (a) All home inspections, including those defined in paragraph (1) of subdivision (a) of Section 7195, may, if requested by the client, be accompanied by a Home Energy Rating System (HERS) California home energy audit pursuant to regulations adopted by the Energy Commission in compliance with Section 25942 of the Public Resources Code. (b) If the client requests a HERS California home energy audit, the HERS California home inspection report accompanying any home inspection report defined in subdivision (c) of Section 7195 shall comply with the standards and requirements established by the Energy Commission for HERS California home energy audits as specified in Article 8 (commencing with Section 1670) of Chapter 4 of Division 2 of Title 20 of the California Code of Regulations, implementing the California Home Energy Rating System Program. (Added by Stats. 2010, Ch. 453, Sec. 1. (AB 1809) Effective January 1, 2011.)
  124. 7199.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.4. Home Energy Rating System (HERS) Home Inspections [7199.5 - 7199.7] ( Chapter 9.4 added by Stats. 2010, Ch. 453, Sec. 1. )

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    A home inspector may perform a HERS California home energy audit if the client requests it and the inspector meets the specified regulatory requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.4. Home Energy Rating System (HERS) Home Inspections [7199.5 - 7199.7] ( Chapter 9.4 added by Stats. 2010, Ch. 453, Sec. 1. ) ## 7199.7. It is the intent of the Legislature that a Home Energy Rating System (HERS) California home energy audit may, at the request of the client, be performed by a home inspector who meets the requirements of Article 8 (commencing with Section 1670) of Chapter 4 of Division 2 of Title 20 of the California Code of Regulations. (Added by Stats. 2010, Ch. 453, Sec. 1. (AB 1809) Effective January 1, 2011.)
  125. 7200.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. )

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    A person may not hold themselves out as a guide dog instructor or use those terms in advertising unless they meet the stated qualifications.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. ) ## 7200. Any person who uses in any sign, business card, or letterhead, or in any advertisement, the words “guide dog instructor,” “certified guide dog instructor,” or any other terms or letters indicating or implying that he or she is an instructor trained in the utilization or training of guide dogs for the blind, or who represents or holds himself or herself out as a guide dog instructor, without having knowledge of the special problems of persons who are blind or visually impaired and being able to teach them, being able to demonstrate the ability to train guide dogs with which persons who are blind or visually impaired would be safe under various traffic conditions, or being employed by a guide dog school certified by the International Guide Dog Federation, or a successor entity, is subject to a fine or civil penalty. (Repealed and added by Stats. 2017, Ch. 669, Sec. 5. (AB 1705) Effective January 1, 2018.)
  126. 7201.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. )

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    This section defines “guide dog instructor” and “guide dog” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. ) ## 7201. For purposes of this chapter: (a) “Guide dog instructor” means a person who instructs or trains persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired. (b) “Guide dog” means a dog that has been trained or is being trained to assist blind or visually impaired individuals. For purposes of this chapter, “guide dog” is used to describe a “service dog.” (Repealed and added by Stats. 2017, Ch. 669, Sec. 5. (AB 1705) Effective January 1, 2018.)
  127. 7202.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. )

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    Guide dog schools must file an annual list of employed or contracted trainers or guide dog instructors with the Department of Consumer Affairs by September 1, and the department may not charge a fee to collect the data.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9.5. Guide Dogs for the Blind [7200 - 7202] ( Chapter 9.5 repealed and added by Stats. 2017, Ch. 669, Sec. 5. ) ## 7202. A guide dog school shall submit to the Department of Consumer Affairs on or before September 1 of each year a list of all trainers or guide dog instructors employed or contracted by the school. The department shall not charge a fee for the collection of this data. (Repealed and added by Stats. 2017, Ch. 669, Sec. 5. (AB 1705) Effective January 1, 2018.)
  128. 725.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    Repeated clearly excessive prescribing or similar overuse of drugs, treatment, diagnostic procedures, or facilities is unprofessional conduct, and repeated excessive prescribing or administering can be a misdemeanor with fines or jail time. Certain practitioners are exempt if they have a medical basis, and physicians treating intractable pain under Section 2241.5 are also exempt from discipline.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 725. (a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or administering of drugs or treatment, repeated acts of clearly excessive use of diagnostic procedures, or repeated acts of clearly excessive use of diagnostic or treatment facilities as determined by the standard of the community of licensees is unprofessional conduct for a physician and surgeon, dentist, podiatrist, psychologist, physical therapist, chiropractor, optometrist, speech-language pathologist, or audiologist. (b) Any person who engages in repeated acts of clearly excessive prescribing or administering of drugs or treatment is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days nor more than 180 days, or by both that fine and imprisonment. (c) A practitioner who has a medical basis for prescribing, furnishing, dispensing, or administering dangerous drugs or prescription controlled substances shall not be subject to disciplinary action or prosecution under this section. (d) No physician and surgeon shall be subject to disciplinary action pursuant to this section for treating intractable pain in compliance with Section 2241.5. (Amended by Stats. 2007, Ch. 130, Sec. 2. Effective January 1, 2008.)
  129. 726.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    Licensed healing-arts professionals may not engage in sexual abuse, sexual misconduct, or sexual relations with a patient, client, or customer; doing so is unprofessional conduct and can lead to discipline.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 726. (a) The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division. (b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship. (Amended by Stats. 2015, Ch. 510, Sec. 3. (AB 179) Effective January 1, 2016.)
  130. 727.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    In disciplinary proceedings against a licensee for violating Section 726, subdivision (2) of Section 1103 of the Evidence Code applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 727. The provisions of subdivision (2) of Section 1103 of the Evidence Code shall apply in disciplinary proceedings brought against a licensee for acts in violation of Section 726. (Added by renumbering Section 731 by Stats. 1981, Ch. 714, Sec. 4.)
  131. 728.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    A psychotherapist or psychotherapist employer who learns from a client that the client alleges prior sexual conduct with a previous psychotherapist must give the client a brochure and discuss it with the client.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 728. (a) Any psychotherapist or employer of a psychotherapist who becomes aware through a client that the client had alleged sexual intercourse or alleged sexual behavior or sexual contact with a previous psychotherapist during the course of a prior treatment shall provide to the client a brochure developed pursuant to Section 337 that delineates the rights of, and remedies for, clients who have been involved sexually with their psychotherapists. Further, the psychotherapist or employer shall discuss the brochure with the client. (b) Failure to comply with this section constitutes unprofessional conduct. (c) For the purpose of this section, the following definitions apply: (1) “Psychotherapist” means any of the following: (A) A physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy. (B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). (C) A psychological assistant. (D) A registered psychologist. (E) A trainee under the supervision of a licensed psychologist. (F) A marriage and family therapist. (G) An associate marriage and family therapist. (H) A marriage and family therapist trainee. (I) A licensed educational psychologist. (J) A clinical social worker. (K) An associate clinical social worker. (L) A licensed professional clinical counselor. (M) An associate professional clinical counselor, as specified in Chapter 16 (commencing with Section 4999.10). (N) A clinical counselor trainee, as specified in Chapter 16 (commencing with Section 4999.10). (2) “Sexual behavior” means inappropriate contact or communication of a sexual nature. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues. (3) “Sexual contact” means the touching of an intimate part of another person. (4) “Intimate part” and “touching” have the same meanings as defined in subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code. (5) “The course of a prior treatment” means the period of time during which a client first commences treatment for services that a psychotherapist is authorized to provide under his or her scope of practice, or that the psychotherapist represents to the client as being within his or her scope of practice, until the psychotherapist-client relationship is terminated. (Amended by Stats. 2018, Ch. 778, Sec. 2.5. (AB 2968) Effective January 1, 2019.)
  132. 729.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    Listed health professionals must not have sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, and the section also bars seeking other patients’ confidential files during investigation or prosecution.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 729. (a) Any physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor, or any person holding themselves out to be a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor, who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, or with a former patient or client when the relationship was terminated primarily for the purpose of engaging in those acts, unless the physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor has referred the patient or client to an independent and objective physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor recommended by a third-party physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor for treatment, is guilty of sexual exploitation by a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor. (b) Sexual exploitation by a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor is a public offense: (1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (2) Multiple acts in violation of subdivision (a) with a single victim, when the offender has no prior conviction for sexual exploitation, shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (3) An act or acts in violation of subdivision (a) with two or more victims shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (4) Two or more acts in violation of subdivision (a) with a single victim, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (5) An act or acts in violation of subdivision (a) with two or more victims, and the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000). For purposes of subdivision (a), in no instance shall consent of the patient or client be a defense. However, physicians and surgeons shall not be guilty of sexual exploitation for touching any intimate part of a patient or client unless the touching is outside the scope of medical examination and treatment, or the touching is done for sexual gratification. (c) For purposes of this section: (1) “Psychotherapist” has the same meaning as defined in Section 728. (2) “Alcohol and drug abuse counselor” means an individual who holds themselves out to be an alcohol or drug abuse professional or paraprofessional. (3) “Sexual contact” means sexual intercourse or the touching of an intimate part of a patient for the purpose of sexual arousal, gratification, or abuse. (4) “Intimate part” and “touching” have the same meanings as defined in Section 243.4 of the Penal Code. (d) In the investigation and prosecution of a violation of this section, no person shall seek to obtain disclosure of any confidential files of other patients, clients, or former patients or clients of the physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor. (e) This section does not apply to sexual contact between a physician and surgeon and their spouse or person in an equivalent domestic relationship when that physician and surgeon provides medical treatment, other than psychotherapeutic treatment, to their spouse or person in an equivalent domestic relationship. (f) If a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor in a professional partnership or similar group has sexual contact with a patient in violation of this section, another physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor in the partnership or group shall not be subject to action under this section solely because of the occurrence of that sexual contact. (Amended by Stats. 2025, Ch. 787, Sec. 5. (SB 775) Effective January 1, 2026.)
  133. 730.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    Licensed persons covered by this section may not perform a medical evaluation that requires qualified medical evaluator certification unless they already have that certification.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 730. Any person licensed under this division or under any initiative act referred to in this division shall not perform any medical evaluation for which the evaluator is required to be certified as a qualified medical evaluator pursuant to Section 139.2 of the Labor Code without having first obtained that certification. No person shall be in violation of this section if the person is certified as a qualified medical evaluator at the time of assignment to a three-member panel under subdivision (h) of Section 139.2 of the Labor Code or, if the injured worker is represented, if the person is certified as a qualified medical evaluator at the time the injured worker is referred for a medical evaluation. A violation of this section constitutes unprofessional conduct and grounds for disciplinary action. (Amended by Stats. 1994, Ch. 1118, Sec. 1. Effective January 1, 1995.)
  134. 730.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    A physician, dentist, or podiatrist must not direct or supervise acupuncture by an unlicensed person, and an unlicensed person under this division must not perform acupuncture under their direction or supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 730.5. (a) It is unprofessional conduct and a crime, as provided in Section 4935, for a physician and surgeon, osteopathic physician, dentist, or podiatrist to direct or supervise the performance of acupuncture involving the application of a needle to the body of a human being by a person licensed under this division who is not licensed pursuant to the Acupuncture Licensure Act established by Chapter 12 (commencing with Section 4925). (b) It is unprofessional conduct and a crime, as provided in Section 4935, for a person licensed under this division who is not licensed pursuant to the Acupuncture Licensure Act established by Chapter 12 (commencing with Section 4925) to perform acupuncture involving the application of a needle to the body of a human being at the direction or under the supervision of a physician and surgeon, osteopathic physician, dentist, or podiatrist. (Added by renumbering Section 730 (as added by Stats. 1997, Ch. 400) by Stats. 1999, Ch. 83, Sec. 1. Effective January 1, 2000.)
  135. 7301.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This chapter covers hair, skin, nail care, and electrolysis, and may be cited as the Barbering and Cosmetology Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7301. This chapter constitutes the chapter on hair, skin, nail care, and electrolysis and may be known and cited as the Barbering and Cosmetology Act. (Amended by Stats. 2002, Ch. 1148, Sec. 1. Effective January 1, 2003.)
  136. 7302.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section defines key terms used in the barbering and cosmetology chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7302. The following definitions shall apply for purposes of this chapter: (a) “Department” means the Department of Consumer Affairs. (b) “Director” means the Director of Consumer Affairs. (c) “Board” or “bureau” means the State Board of Barbering and Cosmetology. (d) “Executive officer” means the executive officer of the State Board of Barbering and Cosmetology. (Amended by Stats. 2006, Ch. 538, Sec. 14. Effective January 1, 2007.)
  137. 7303.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section creates the State Board of Barbering and Cosmetology, sets its membership and appointment rules, and gives the board and director limited appointment powers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7303. (a) Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested. (b) (1) The board shall consist of 13 members. Seven members shall be public members, and six members shall represent the professions. (2) The Governor shall appoint five of the public members and the six professional members. The six professional members shall be comprised as follows: (A) A cosmetologist. (B) A barber. (C) An esthetician. (D) An electrologist. (E) A manicurist. (F) An establishment owner. (3) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. (4) Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms. (5) Each member of the board shall receive a per diem pursuant to Section 103. (c) The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer. (d) The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2021, Ch. 648, Sec. 2. (SB 803) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
  138. 7303.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The Board of Barbering and Cosmetology must treat protection of the public as its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7303.1. Protection of the public shall be the highest priority for the Board of Barbering and Cosmetology in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2003, Ch. 788, Sec. 8. Effective January 1, 2004.)
  139. 7305.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must elect officers every year from among its members, and each officer serves a one-year term. No officer may serve in the same officer position for more than two terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7305. The board shall elect officers annually from among its members, each of whom shall hold office for a term of one year. An officer shall not serve in a particular officer position for more than two terms. (Added by Stats. 2006, Ch. 253, Sec. 2. Effective January 1, 2007.)
  140. 7309.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must establish a principal office and may set up branch offices and examination facilities in California when needed for its business.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7309. The board shall establish a principal office, and may establish branch offices and examination facilities in the state as may be deemed necessary for the board to conduct its business. (Amended by Stats. 2003, Ch. 788, Sec. 10. Effective January 1, 2004.)
  141. 731.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    People licensed, certified, registered, or otherwise regulated under this division commit unprofessional conduct if they engage in, or help and abet, certain Penal Code violations at their work premises or supervised work area.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 731. (a) Any person licensed, certified, registered, or otherwise subject to regulation pursuant to this division who engages in, or who aids or abets in, a violation of Section 266h, 266i, 315, 316, or 318 of, or subdivision (a) or (b) of Section 647 of, the Penal Code occurring in the work premises of, or work area under the direct professional supervision or control of, that person, shall be guilty of unprofessional conduct. The license, certification, or registration of that person shall be subject to denial, suspension, or revocation by the appropriate regulatory entity under this division. (b) In addition to any penalty provided under any other provision of law, a violation of subdivision (a) shall subject the person to a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) for the first offense, and not to exceed five thousand dollars ($5,000) for each subsequent offense, which may be assessed and recovered in a civil action brought by any district attorney. If the action is brought by a district attorney, the penalty recovered shall be paid to the treasurer of the county in which the judgment was entered. (Added by Stats. 1998, Ch. 971, Sec. 2. Effective January 1, 1999.)
  142. 7311.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must adopt and use a common seal to authenticate its records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7311. The board shall adopt and use a common seal for the authentication of the board’s records. (Amended by Stats. 2002, Ch. 1148, Sec. 6. Effective January 1, 2003.)
  143. 7312.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must make and enforce rules for this chapter, run licensure exams, issue licenses to eligible applicants, discipline violators, adopt health-and-safety sanitation rules, and provide written materials in English, Korean, Spanish, and Vietnamese.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7312. (a) The board shall do all of the following: (1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act. (2) Conduct and administer examinations of applicants for licensure. (3) Issue licenses to those applicants that may be entitled thereto. (4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter. (5) Adopt rules governing sanitary conditions and precautions to be employed as are reasonably necessary to protect the public health and safety in establishments, schools approved by the board, and in the practice of any profession provided for in this chapter. The rules shall be adopted in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2 of the Government Code, and shall be submitted to the State Department of Public Health and approved by that department prior to filing with the Secretary of State. A written copy of all those rules shall be furnished to each licensee. (6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. (Amended by Stats. 2016, Ch. 409, Sec. 1. (AB 2025) Effective January 1, 2017. Amended version operative July 1, 2017, pursuant to earlier operation of new subdivision (b).)
  144. 7313.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must inspect barbering/cosmetology establishments and certain schools, issue violation notices for health and safety violations, and keep an inspection protocol.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7313. (a) (1) To ensure compliance with the laws and regulations of this chapter, the board’s executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit. (2) The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. (b) To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education. (c) With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in their capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board. (d) The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current. (Amended by Stats. 2021, Ch. 648, Sec. 4. (SB 803) Effective January 1, 2022.)
  145. 7314.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must keep records of its meetings and license actions, maintain a registration record for each licensee, and collect each applicant’s spoken and written language preference through optional application questions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7314. (a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal, renewal, suspension, and revocation of licenses. (b) The board shall keep a registration record of each licensee containing the name, address, license number, and date issued. This record shall also contain any facts that the applicants may have stated in their application for examination for licensure. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant. (c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. (Amended by Stats. 2016, Ch. 409, Sec. 2. (AB 2025) Effective January 1, 2017. Amended version operative July 1, 2017, pursuant to earlier operation of new subdivision (c).)
  146. 7314.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board must establish a Health and Safety Advisory Committee, and committee members are entitled to a per diem under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7314.3. (a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws and how to ensure licensees have awareness about physical and sexual abuse their clients may be experiencing. (b) For purposes of this section, basic labor laws include, but are not limited to, all of the following: (1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor. (2) Wage and hour rights of an hourly employee. (3) Antidiscrimination laws relating to the use of a particular language in the workplace. (4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations. (5) How to obtain more information about state and federal labor laws. (c) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following: (1) Domestic violence. (2) Sexual assault. (3) Human trafficking. (4) Elder abuse. (d) Members of the committee shall receive a per diem pursuant to Section 103. (Amended by Stats. 2021, Ch. 648, Sec. 5. (SB 803) Effective January 1, 2022.)
  147. 7314.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board may promote awareness of physical and sexual abuse using mail, television, radio, motion pictures, newspapers, books, the Internet, or other electronic communication.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7314.5. (a) The board may promote awareness of physical and sexual abuse by means of mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication. (b) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following: (1) Domestic violence. (2) Sexual assault. (3) Human trafficking. (4) Elder abuse. (Added by Stats. 2017, Ch. 312, Sec. 3. (AB 326) Effective January 1, 2018.)
  148. 7315.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A majority of the board may exercise the board’s duties and powers at a properly noticed meeting under the Bagley-Keene Open Meeting Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 1. Administration [7301 - 7315] ( Article 1 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7315. A majority of the board may, in any meeting properly noticed in accordance with the Bagley-Keene Open Meeting Act, exercise all the duties and powers devolving upon the board. (Repealed and added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  149. 7316.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section defines barbering, cosmetology, skin care, nail care, hairstyling, electrolysis, and related exclusions, and requires a person doing natural hairstyling to obtain and maintain the appropriate license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7316. (a) The practice of barbering is all or any combination of the following practices: (1) Shaving or trimming the beard or cutting the hair. (2) Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances. (3) Singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics. (4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck. (5) Hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling. (b) The practice of cosmetology is all or any combination of the following practices: (1) Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means the hair of any person. (2) Massaging, cleaning, or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (4) Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays. (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person. (6) Massaging, cleansing, treating, or beautifying the hands or feet of any person. (7) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person. (c) The practice of skin care is all or any combination of the following practices: (1) Giving facials, massaging, stimulating, exfoliating, cleansing, or beautifying the face, scalp, neck, hands, arms, feet, legs, or upper part of the human body by the use of hands, esthetic devices, cosmetic products, antiseptics, lotions, tonics, or creams for the purpose of improving the appearance or well-being of the skin that do not result in the ablation or destruction of the live tissue. (2) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person. (3) Removing superfluous hair from the body of any person by use of depilatories, tweezers, sugaring, nonprescription chemical, or waxing, or by the use of devices and appliances of any kind or description, except by the use of lasers or light waves, which are commonly known as rays. (d) The practice of nail care is all or a combination of trimming, polishing, coloring, tinting, cleansing, manicuring, or pedicuring the nails of any person or massaging, cleansing, or beautifying from the elbow to the fingertips or the knee to the toes of any person. (e) The practice of barbering, the practice of cosmetology, and the practice of hairstyling do not include any of the following: (1) The mere sale, fitting, or styling of wigs or hairpieces. (2) Natural hair braiding. Natural hair braiding is a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, provided that the service does not include haircutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. (3) Threading. Threading is a technique that results in removing hair by twisting thread around unwanted hair and pulling it from the skin and the incidental trimming of eyebrow hair. (f) Notwithstanding paragraph (2) of subdivision (e), a person who engages in natural hairstyling, which is defined as the provision of natural hair braiding services together with any of the services or procedures defined within the regulated practices of barbering or cosmetology, is subject to regulation pursuant to this chapter and shall obtain and maintain a barbering or cosmetology license as applicable to the services respectively offered or performed. (g) (1) Electrolysis is the practice of removing hair from, or destroying hair on, the human body by the use of an electric needle only. (2) “Electrolysis” as used in this chapter includes electrolysis or thermolysis. (h) The practice of hairstyling is one or both of the following: (1) Styling of all textures of hair by standard methods that are current at the time of the hairstyling. (2) Arranging, blow drying, cleansing, curling, cutting, dressing, extending, shampooing, waving, or nonchemically straightening the hair of any person using both electrical and nonelectrical devices. (Amended by Stats. 2022, Ch. 527, Sec. 1. (AB 2196) Effective January 1, 2023.)
  150. 7317.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section bars unlicensed barbering, cosmetology, or electrolysis for compensation, with stated exceptions, and limits licensed persons to their licensed areas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7317. Except as provided in this article, it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, unless the person is participating in an externship program from an approved school, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is subject to an administrative fine and may be subject to a misdemeanor. (Amended by Stats. 2022, Ch. 527, Sec. 2. (AB 2196) Effective January 1, 2023.)
  151. 7318.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The chapter allows a practice covered by the chapter to be administered outside a licensed establishment if the recipient is ill or otherwise physically or mentally incapacitated and the service is performed by a licensee obtained for that purpose from a licensed establishment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7318. This chapter does not prohibit the administration of any practice subject to this chapter outside of a licensed establishment, when necessary due to the illness or other physical or mental incapacitation of the recipient of the service, and when performed by a licensee obtained for the purpose from a licensed establishment. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  152. 7319.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    Several categories of people are exempt from this chapter, including certain licensed professionals, military and public health personnel on duty, some entertainment-industry workers, unpaid off-site practitioners, product demonstrators, and certain correctional-institution barbering or cosmetology participants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7319. The following persons are exempt from this chapter: (a) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed. (b) Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties. (c) Persons employed to render barbering, cosmetology, or electrolysis services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industry. (d) Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation. (e) Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products. (f) Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime. However, all of the following conditions shall apply: (1) Those persons shall complete a barbering training course, developed by the Department of Corrections and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases. (2) Those persons shall successfully pass an examination, developed and administered by the Department of Corrections, on the proper care of instruments and the prevention of infectious diseases. (3) All barbering facilities located in correctional institutions shall be subject to all appropriate health and safety sanitation standards, as determined by the Department of Corrections. (Amended by Stats. 1998, Ch. 410, Sec. 1. Effective January 1, 1999.)
  153. 7319.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    Students in an approved school who perform public services there are exempt from licensing under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7319.5. Students engaged in performing services on the public while enrolled in a school approved by the board shall not be required to be licensed under this chapter if they perform those services at the approved school in which they are enrolled. (Amended by Stats. 2003, Ch. 788, Sec. 13. Effective January 1, 2004.)
  154. 7319.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    After completing the required awareness training, a licensee, an applicant for licensure, and the employer are not required to act on information learned during employment about potential physical or sexual abuse, unless another law requires it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7319.7. (a) A licensee or an applicant for licensure who completes the physical and sexual abuse awareness training covered by the health and safety course required by Section 7389, and his or her employer, shall not be required to act on information obtained during the course of employment concerning potential physical and sexual abuse unless otherwise required by law. (b) This section shall become operative on July 1, 2019. (Added by Stats. 2017, Ch. 312, Sec. 4. (AB 326) Effective January 1, 2018. Section operative July 1, 2019, by its own provisions.)
  155. 732.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

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    Physicians and dentists must refund duplicate payments to patients, and may have to notify the patient first if no refund is requested.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 732. (a) A physician and surgeon and a dentist shall refund any amount that a patient has paid for services rendered that has subsequently been paid to the physician and surgeon or dentist by a third-party payor and that constitutes a duplicate payment. The refund shall be made as follows: (1) If the patient requests a refund, within 30 days following the request from that patient for a refund if the duplicate payment has been received, or within 30 days of receipt of the duplicate payment if the duplicate payment has not been received. (2) If the patient does not request a refund, within 90 days of the date the physician and surgeon or dentist knows, or should have known, of the receipt of the duplicate payment, the physician and surgeon or dentist shall notify the patient of the duplicate payment, and the duplicate payment shall be refunded within 30 days unless the patient requests that a credit balance be retained. (b) Violation of this section shall constitute unprofessional conduct. Disciplinary proceedings shall be conducted in accordance with the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or the Dental Practice Act (Chapter 4 (commencing with Section 1600)), as applicable. (Added by Stats. 1993, Ch. 765, Sec. 1. Effective January 1, 1994.)
  156. 7320.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section says the chapter does not allow a licensee to practice or offer medicine or surgery unless separately authorized and licensed under another law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320. (a) This chapter confers no authority to practice medicine or surgery. The practice of medicine shall not be performed by, or offered by, a licensee under this chapter without being authorized and licensed to perform that act pursuant to a license obtained in accordance with some other provision of law. (b) Nothing in this chapter shall be interpreted to grant any privileges reserved for persons certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2. (Amended by Stats. 2021, Ch. 648, Sec. 7. (SB 803) Effective January 1, 2022.)
  157. 7320.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    When providing a manicure or pedicure, metal instruments may not be used except for certain nail, cuticle, hand, or foot care tasks.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320.1. When providing a manicure or pedicure, no metal instruments shall be used except those metal instruments necessary for the cutting, trimming, manicuring, or pedicuring of nails or cuticles or for the smoothing and massaging of the hands and feet. (Amended by Stats. 2010, Ch. 415, Sec. 26. (SB 1491) Effective January 1, 2011.)
  158. 7320.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A licensee must not use X-ray equipment or apply certain phenol or mercury solutions to people; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320.2. Any licensee who uses an X-ray appliance, apparatus or machine in the treatment of any human being or for the purpose of or with the intent to remove superfluous hair from the face or body of any human being, or who applies to any human being a solution of phenol greater than 10 percent, or corrosive sublimate (mercury) or any of its preparations, derivatives, or compounds in a solution greater than one in five hundred, is guilty of a misdemeanor. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  159. 7320.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    People who are not licensed to do all cosmetologist practices may not say they are cosmetologists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320.3. Persons who are not licensed to perform all of the practices of a cosmetologist may not represent themselves as a cosmetologist. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  160. 7320.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    People who are not licensed barbers in this state may not hold themselves out as barbers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320.4. Persons who are not licensed as barbers in this state may not represent themselves as barbers. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  161. 7320.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    A licensee may not use a laser in the treatment of any human being; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 2. Application of Chapter [7316 - 7320.5] ( Article 2 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7320.5. Any licensee who uses a laser in the treatment of any human being is guilty of a misdemeanor. (Added by Stats. 2006, Ch. 253, Sec. 3. Effective January 1, 2007.)
  162. 7321.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must admit a person to the cosmetology licensing examination if the person applies properly, pays the required fee, and meets the listed qualification requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7321. The board shall admit to examination for a license as a cosmetologist to practice cosmetology any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in cosmetology from a school approved by the board. (2) Practiced cosmetology as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in cosmetology from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1) of this subdivision. (3) Holds a license as a barber in this state and has completed a cosmetology crossover course in a school approved by the board. (4) Completed a barbering course in a school approved by the board and has completed a cosmetology crossover course in a school approved by the board. (5) Completed the apprenticeship program in cosmetology specified in Article 4 (commencing with Section 7332). (Amended by Stats. 2003, Ch. 788, Sec. 14. Effective January 1, 2004.)
  163. 7321.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must admit a person to barber licensing examination if the person applies properly, pays the required fee, and meets the listed qualifications.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7321.5. The board shall admit to examination for a license as a barber to practice barbering, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in barbering from a school approved by the board. (2) Completed an apprenticeship program in barbering approved by the board as conducted under the provisions of the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (3) Practiced barbering as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in barbering from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (4) Holds a license as a cosmetologist in this state and has completed a barber crossover course in a school approved by the board. (5) Completed a cosmetology course in a school approved by the board and has completed a barber crossover course in a school approved by the board. (6) Completed comparable military training as documented by submission of Verification of Military Experience and Training (V-MET) records. (Amended by Stats. 2003, Ch. 788, Sec. 15. Effective January 1, 2004.)
  164. 7322.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must admit a person to examination for a hairstylist license if the person applies properly, pays the fee, and meets the listed age, education, denial, and training or experience requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7322. The board shall admit to examination for a license as a hairstylist to practice hairstyling any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in hairstyling from a school approved by the board. (2) Practiced hairstyling as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in hairstyling from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (Added by Stats. 2021, Ch. 648, Sec. 8. (SB 803) Effective January 1, 2022.)
  165. 7324.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must admit a properly applying and fee-paying person to esthetician examination if the person meets the listed age, education, denial-screening, and training-path requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7324. The board shall admit to examination for a license as an esthetician to practice skin care, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in skin care from a school approved by the board. (2) Practiced skin care, as defined in this chapter, outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in skin care from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in skin care specified in Article 4 (commencing with Section 7332). (Amended by Stats. 2003, Ch. 788, Sec. 16. Effective January 1, 2004.)
  166. 7326.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must let a qualified applicant take the manicurist license examination if the person applies properly and pays the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7326. The board shall admit to examination for a license as a manicurist to practice nail care, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in nail care from a school approved by the board. (2) Practiced nail care, as defined in this chapter, outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in nail care from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in nail care specified in Article 4 (commencing with Section 7332). (Amended by Stats. 2003, Ch. 788, Sec. 17. Effective January 1, 2004.)
  167. 733.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. )

    Verify source ↗

    A licentiate must not block a patient from getting a legally prescribed or ordered drug or device, and generally must dispense it unless a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10.5. Unprofessional Conduct [725 - 733] ( Article 10.5 added by Stats. 1979, Ch. 348. ) ## 733. (a) A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by their licensing agency. (b) Notwithstanding any other law, a licentiate shall dispense drugs and devices, as described in subdivision (a) of Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists: (1) Based solely on the licentiate’s professional training and judgment, dispensing pursuant to the order or the prescription is contrary to law, or the licentiate determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient’s medical condition. (2) The prescription drug or device is not in stock. If an order, other than an order described in Section 4019, or prescription cannot be dispensed because the drug or device is not in stock, the licentiate shall take one of the following actions: (A) Immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner. (B) Promptly transfer the prescription to another pharmacy known to stock the prescription drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device. (C) Return the prescription to the patient and refer the patient. The licentiate shall make a reasonable effort to refer the patient to a pharmacy that stocks the prescription drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device. (3) The licentiate refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A licentiate may decline to dispense a prescription drug or device on this basis only if the licentiate has previously notified their employer, in writing, of the drug or class of drugs to which the licentiate objects, and the licentiate’s employer can, without creating undue hardship, provide a reasonable accommodation of the licentiate’s objection. The licentiate’s employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (l) of Section 12940 of the Government Code. (c) For the purposes of this section, “prescription drug or device” has the same meaning as the definition in Section 4022. (d) This section applies to emergency contraception drug therapy, over-the-counter contraceptives, and self-administered prescription-only hormonal contraceptives described in Section 4052.3. (e) This section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient. (f) The notice to consumers required by Section 4122 shall include a statement that describes patients’ rights relative to the requirements of this section. (Amended by Stats. 2025, Ch. 135, Sec. 1. (AB 50) Effective September 26, 2025.)
  168. 7330.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must admit qualified applicants to examination for an electrologist license if they apply properly and pay the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7330. The board shall admit to examination for a license as an electrologist to practice electrolysis, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 12th grade or an accredited senior high school course of study in public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course of training in electrolysis from a school approved by the board. (2) Practiced electrolysis, as defined in this chapter, for a period of 18 months outside of this state within the time equivalent to the study and training of a qualified person who has completed a course in electrolysis from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in electrology specified in Article 4 (commencing with Section 7332). (Amended by Stats. 2003, Ch. 788, Sec. 18. Effective January 1, 2004.)
  169. 7331.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must grant a license to practice if the applicant submits the required application, fees, and proof of a current out-of-state license in good standing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 3. Qualifications for Examination [7321 - 7331] ( Article 3 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7331. The board shall grant a license to practice to an applicant if the applicant submits all of the following to the board: (a) A completed application form and all fees required by the board. (b) Proof of a current license issued by another state to practice that meets both of the following requirements: (1) It is not revoked, suspended, or otherwise restricted. (2) It is in good standing. (Amended by Stats. 2021, Ch. 648, Sec. 9. (SB 803) Effective January 1, 2022.)
  170. 7332.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    An apprentice must be licensed by the board and supervised at all times by a board-approved licensee while working in a licensed establishment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7332. (a) An apprentice is any person who is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by the board. (b) For purposes of this section, “under the supervision of a licensee” means that the apprentice shall be supervised at all times by a licensee approved by the board while performing services in a licensed establishment. At no time shall an apprentice be the only individual working in the establishment. An apprentice that is not being supervised by a licensee, that has been approved by the board to supervise an apprentice, shall be deemed to be practicing unlicensed under this chapter. (Amended by Stats. 2017, Ch. 429, Sec. 19. (SB 547) Effective January 1, 2018.)
  171. 7333.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The apprentice training program must comply with the cited labor standards act and approved apprenticeship standards, and a copy of the act must be kept on file with the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7333. The apprentice training program shall be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code, according to apprenticeship standards approved by the administrator of apprenticeship. A copy of the act shall be maintained on file with the board. (Amended by Stats. 2003, Ch. 788, Sec. 23. Effective January 1, 2004.)
  172. 7334.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board may license apprentices in barbering, cosmetology, skin care, nail care, or electrolysis if the applicant meets the stated age, education, fee, and training conditions. Apprentices must complete required preapprentice and technical training, and they may only serve the public in services for which they have technical training.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7334. (a) The board may license as an apprentice in barbering, cosmetology, skin care, or nail care any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows: (1) Is over 16 years of age. (2) Has completed the 10th grade in the public schools of this state or its equivalent. (3) Is not subject to denial pursuant to Section 480. (4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board. (b) The board may license as an apprentice in electrolysis any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows: (1) Is not less than 17 years of age. (2) Has completed the 12th grade or an accredited senior high school course of study in schools of this state or its equivalent. (3) Is not subject to denial pursuant to Section 480. (4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board. (c) All persons making application as an apprentice in barbering shall also complete preapprentice training that is administered by the board for the length of time established by the board in a facility approved by the board prior to serving the general public. (d) All persons making application as an apprentice in cosmetology, skin care, nail care, or electrology shall also complete minimum preapprentice training administered by the board for the length of time established by the board in a facility approved by the board prior to serving the general public. (e) Apprentices may only perform services on the general public for which they have received technical training. (f) Apprentices shall be required to obtain at least the minimum hours of technical instruction and minimum number of practical operations for each subject as specified in board regulations for courses taught in schools approved by the board, in accordance with Sections 3074 and 3078 of the Labor Code. (Amended by Stats. 2022, Ch. 527, Sec. 3. (AB 2196) Effective January 1, 2023.)
  173. 7335.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    An apprentice license expires after two years or sooner if the apprentice is licensed after the exam or fails the exam twice; an apprentice may not keep working more than three months after training ends without applying for and taking the licensure exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7335. (a) The license of an apprentice shall expire two years from the date the license was issued, or on the date the apprentice is issued a license following the license examination, or if the apprentice fails the license examination twice, on the date the results of the second examination are issued, whichever occurs first. (b) No person holding a license as an apprentice shall work more than three months after completing the required training without applying for and taking the examination for licensure. (c) The board may extend the two-year or three-month period described in subdivisions (a) and (b) upon a showing of good cause which shall include, but not be limited to, delays in applying for and taking the examination caused by the illness of, or accident to, the apprentice, or service in the armed forces of the United States. (Amended by Stats. 2003, Ch. 788, Sec. 25. Effective January 1, 2004.)
  174. 7336.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    An apprentice may perform licensed acts only in a licensed establishment and only under the supervision and employment of a board-approved licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 4. Apprenticeship [7332 - 7336] ( Article 4 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7336. An apprentice may do any or all of the acts for which he or she is licensed only in the licensed establishment and under the supervision and employment of a licensee approved by the board. (Amended by Stats. 2003, Ch. 788, Sec. 26. Effective January 1, 2004.)
  175. 7337.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    Applications for examination, licensure, and license renewal must be in writing, use board forms, include the required fee and proof of qualifications, and contain signed acknowledgments about basic labor-law rights; applicants must also show identification to enter the exam facility.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7337. (a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. (b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity. (c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. (d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. (Amended by Stats. 2016, Ch. 409, Sec. 4. (AB 2025) Effective January 1, 2017. Amended version operative July 1, 2017, pursuant to earlier operation of new subdivision (d).)
  176. 7338.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    License applicant examinations must be written and cover competency, health and safety, relevant occupation skills, antisepsis, disinfection, and applicable use of mechanical apparatus, electricity, and hair types and textures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7338. (a) The examination of applicants for a license shall consist of a written examination that evaluates competency in protecting the health and safety of consumers of the services provided by licensees. (b) The examination shall include written tests to determine the applicant’s skill in, and knowledge of, the practice of the occupation for which a license is sought and shall include written tests in antisepsis, disinfection, and the use of mechanical apparatus and electricity as applicable to the practice for which the applicant has applied for licensure. (c) The written tests, as specified in subdivision (b), shall determine the applicant’s skill in, and knowledge of, providing services to individuals with varying hair types and textures, as applicable to the practice for which the applicant has applied for licensure. (Amended by Stats. 2024, Ch. 384, Sec. 1. (AB 2166) Effective January 1, 2025.)
  177. 7340.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must prepare or direct all examinations, set standards and procedures for administering and grading them, and supervise as needed to ensure compliance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7340. All examinations shall be prepared by or under the direction of the board. The board shall establish standards and procedures governing administration and grading and shall exercise supervision as may be necessary to assure compliance therewith. (Amended by Stats. 2003, Ch. 788, Sec. 30. Effective January 1, 2004.)
  178. 7341.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must give each person who fails an examination in this chapter the total grade received.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7341. The board shall deliver to every person failing any examination provided for in this chapter the total grade received on the examination. (Amended by Stats. 2018, Ch. 422, Sec. 4. (SB 1492) Effective January 1, 2019.)
  179. 7342.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board must issue a license to an applicant who passes the examination, meets the other legal qualifications, and pays the required fee. The license is to be issued the same day the applicant passes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7342. Licenses in the practice of the occupation for which the license was sought shall be issued by the board to any applicant who satisfactorily passes an examination, who possesses the other qualifications required by law and who has remitted the license fee required by this chapter. The license shall entitle the holder to engage in the practice of that occupation in a licensed establishment. The license shall be issued by the board on the same day that the applicant satisfactorily passes the examination. (Amended by Stats. 2003, Ch. 788, Sec. 33. Effective January 1, 2004.)
  180. 7344.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    The board may arrange or contract for reasonably required physical accommodations and facilities for examinations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7344. The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations. (Amended by Stats. 2003, Ch. 788, Sec. 34. Effective January 1, 2004.)
  181. 7345.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    An applicant must finish the application within one year after filing or take the examination within one year after becoming eligible, or the application is treated as abandoned and the fee is forfeited.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 5. Examinations [7337 - 7345] ( Article 5 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7345. If an applicant fails to complete his or her application within one year after it has been filed, or fails to take the examination within one year after becoming eligible therefor, the application shall be considered abandoned and the fee forfeited. An application submitted after the abandonment of a former application shall be treated as a new application and shall be required to meet all of the requirements for an initial license. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  182. 7346.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    This section defines “establishment” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7346. (a) For purposes of this chapter, “establishment” means any premises, building or part of a building where any activity licensed under this chapter is practiced. (b) “Establishment” also includes any premises, building, or part of a building in which natural hair styling is practiced for compensation. (Amended by Stats. 2000, Ch. 37, Sec. 2. Effective January 1, 2001.)
  183. 7347.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    To operate an establishment, a person or business must apply to the board for a license and pay the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7347. (a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the board for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. (Amended by Stats. 2021, Ch. 648, Sec. 13. (SB 803) Effective January 1, 2022.)
  184. 7348.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    An establishment must always be under the charge of a person licensed under this chapter, except that an apprentice may be in charge.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7348. An establishment shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice. (Amended by Stats. 1998, Ch. 878, Sec. 48.3. Effective January 1, 1999.)
  185. 7349.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    A person, firm, or corporation may not hire or allow an unlicensed person to work in or about a barbering/cosmetology establishment, unless the establishment is licensed and using a student extern under the cited sections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7349. It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under this chapter and is not duly licensed by the board, except that a licensed establishment may utilize a student extern, as described in Section 7395.1 or 7395.2. Any person violating this section is subject to citation and fine pursuant to Section 7406 and is also guilty of a misdemeanor. (Amended by Stats. 2018, Ch. 387, Sec. 1. (AB 2134) Effective January 1, 2019.)
  186. 7349.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    People or businesses covered by this chapter must not use the barber pole to mislead the public into thinking barbering is happening or that licensed barbers are employed in a shop that does not employ licensed barbers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7349.1. It is an unfair business practice for any person, firm, or corporation who engages in a practice regulated under this chapter to use the traditional symbol known as the barber pole, which comprises a striped vertical cylinder with a ball on top, with the intent to mislead the public in any manner that would make the public believe that barbering was being practiced in, or that a licensed barber is employed in, an establishment that does not employ licensed barbers. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  187. 7350.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    People in charge of a barbering or cosmetology establishment must not let regulated work areas be used for residential or other unsanitary or unsafe purposes, and the establishment must have a separate direct entrance from private quarters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7350. No person having charge of an establishment, whether as an owner or an employee, shall permit any room or part thereof in which any occupation regulated under this chapter is conducted or practiced to be used for residential purposes or for any other purpose that would tend to make the room unsanitary, unhealthy, or unsafe, or endanger the health and safety of the consuming public. An establishment shall have a direct entrance separate and distinct from any entrance in connection with private quarters. A violation of this section is a misdemeanor. (Repealed and added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  188. 7351.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    Every establishment must provide at least one public toilet room for patrons and keep it in the required sanitary and construction condition.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7351. Every establishment shall provide at least one public toilet room located on or near the premises for its patrons. Any toilet room installed on or after July 1, 1992, shall be not less than 18 square feet in area. The entrance to the room shall be effectively screened so that no toilet compartment is visible from any workroom. The room shall be kept in a clean condition and in good repair, well lighted and ventilated to the outside air, and effectively screened against insects and free from rodents. The floor shall be of concrete, tile laid in cement, vitrified brick, or other nonabsorbent material. All sewer drains shall be connected to an approved disposal system, and shall be properly trapped. No restroom shall be used for storage. (Repealed and added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  189. 7352.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

    Verify source ↗

    Every establishment must provide adequate and convenient handwashing facilities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7352. Every establishment shall provide adequate and convenient handwashing facilities, including running water, soap, and towels or air hand dryers. (Amended by Stats. 2010, Ch. 415, Sec. 27. (SB 1491) Effective January 1, 2011.)
  190. 7353.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    Licensed establishments must post the Labor Commissioner’s notice in the required manner and locations, and the board must check compliance during inspections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 6. Establishments [7346 - 7353.4] ( Article 6 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7353.4. (a) On and after July 1, 2017, an establishment licensed by the board shall, upon availability of the posting notice developed by the Labor Commissioner pursuant to Section 98.10 of the Labor Code, post that notice in a manner that complies with the requirements of Section 98.10 of the Labor Code in a conspicuous location in clear view of employees and where similar notices are customarily posted. The notice shall be posted in English, Spanish, Vietnamese, and Korean. (b) The board shall inspect for compliance with this posting requirement when it conducts an inspection pursuant to Section 7313. (c) A violation of this section shall be punished by an administrative fine established pursuant to Section 7407 and shall not be punished as a misdemeanor under Section 7404.1. (Amended by Stats. 2022, Ch. 527, Sec. 4. (AB 2196) Effective January 1, 2023.)
  191. 7354.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    This section defines “mobile unit” for this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7354. For purposes of this article, “mobile unit” means any self-contained, self-supporting, enclosed mobile unit which is licensed as a mobile unit for the practice of any occupation licensed by the board and which complies with this article and all health and safety regulations established by the board. (Amended by Stats. 2021, Ch. 648, Sec. 15. (SB 803) Effective January 1, 2022.)
  192. 7355.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    People, firms, or corporations that want to operate a mobile unit must apply to the board for a license and submit the required information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7355. (a) Any person, firm, or corporation desiring to operate a mobile unit shall make an application to the board for a license containing the information and data set forth in subdivision (b). The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure pursuant to Section 480. (b) Each application shall include the following: (1) A detailed floor plan showing the layout and dimensions of the mobile unit and all necessary systems and equipment contained therein. (2) Proof of purchase or lease of the mobile unit. (3) The required fee. (4) Proof of a valid California driver’s license issued to an officer or employee responsible for driving the mobile unit. (5) A permanent base address from which the mobile unit shall operate. (c) After initial approval of the floor plan and application has been granted, the applicant shall schedule an appointment to show the mobile unit to the board, or representative of the board, for final approval. (Amended by Stats. 2021, Ch. 648, Sec. 16. (SB 803) Effective January 1, 2022.)
  193. 7356.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A purchaser or lessor must file an application to transfer ownership or control of an existing licensed mobile unit with the board within 10 days after purchase.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7356. An application to transfer ownership or control of an existing licensed mobile unit shall be filed by the purchaser or lessor with the board within 10 days after purchase. Each application shall include the following: (a) A detailed floor plan showing the layout and dimensions of the mobile unit and all necessary systems and equipment contained therein. (b) Bills of sale or lease documents proving purchase or lease of existing equipment and the mobile unit. (c) The existing mobile unit license. (d) The required fee. (e) Proof of a valid California driver’s license issued to an officer or employee responsible for driving the mobile unit. (Amended by Stats. 2021, Ch. 648, Sec. 17. (SB 803) Effective January 1, 2022.)
  194. 7357.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    Mobile units must comply with board regulations and be kept clean, in good repair, and compliant with this article. They must also have required functioning systems, including potable water, hot water tanks of at least six gallons, and adequate ventilation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7357. (a) Mobile units shall comply with regulations adopted by the board that assure that the unit shall be kept clean, in good repair, and in compliance with this article. (b) Each mobile unit shall be equipped with each of the following functioning systems: (1) A self-contained, potable water supply if shampooing services are offered. (2) Continuous, on-demand hot water tanks which shall be not less than six-gallon capacity. (3) A system of adequate ventilation. (Amended by Stats. 2021, Ch. 648, Sec. 18. (SB 803) Effective January 1, 2022.)
  195. 7358.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A mobile unit must always be under the charge of a person licensed under this chapter, except that an apprentice is allowed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7358. A mobile unit shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice. (Amended by Stats. 1998, Ch. 878, Sec. 48.4. Effective January 1, 1999.)
  196. 7359.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A person, firm, or corporation must not hire or allow an unlicensed person to work in or about a mobile unit if the person is performing a regulated occupation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7359. It is unlawful for any person, firm or corporation to hire, employ, allow to be employed, or permit to work, in or about a mobile unit, any person who performs or practices any occupation regulated under this chapter who is not duly licensed by the board. Any person violating this section is guilty of a misdemeanor. (Amended by Stats. 2003, Ch. 788, Sec. 40. Effective January 1, 2004.)
  197. 7360.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A person in charge of a mobile unit must not let a room used for regulated work be used for housing or for any use that could make the unit unsanitary, unhealthy, unsafe, or a risk to the consuming public.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7360. No person having charge of a mobile unit, whether as an owner or an employee, shall permit any room, or part thereof, in which any occupation regulated under this chapter is conducted or practiced, to be used for residential purposes or for any other purpose that would tend to make the unit unsanitary, unhealthy, or unsafe, or endanger the health and safety of the consuming public. This section shall not apply when the mobile unit is used for purposes other than the practice of any occupation regulated under this chapter outside of the designated geographical boundaries for which it is licensed. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  198. 7361.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    Most establishment laws in this chapter also apply to mobile units, except Article 6 unless another rule says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 7. Mobile Units [7354 - 7361] ( Article 7 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7361. All laws governing establishments under this chapter, except Article 6 (commencing with Section 7346), apply to mobile units, unless otherwise provided. (Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
  199. 7362.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 8. Schools, Instructors, and Curricula [7362 - 7395.2] ( Article 8 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    The board may approve, revoke, suspend, or deny approval of a school, and the board and the Bureau for Private Postsecondary Education may process an approval application at the same time.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 8. Schools, Instructors, and Curricula [7362 - 7395.2] ( Article 8 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7362. (a) A school approved by the board is one that is first approved by the board and subsequently approved by the Bureau for Private Postsecondary Education or is a public school in this state, and provides a course of instruction approved by the board. However, notwithstanding any other law, both the board and the Bureau for Private Postsecondary Education may simultaneously process a school’s application for approval. (b) Notwithstanding any other law, the board may revoke, suspend, or deny approval of a school, in a proceeding that shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, when an owner or employee of the school has engaged in any of the acts specified in paragraphs (1) to (8), inclusive. (1) Unprofessional conduct which includes, but is not limited to, any of the following: (A) Incompetence or gross negligence, including repeated failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology, or disregard for the health and safety of patrons. (B) Repeated similar negligent acts. (C) Conviction of any crime substantially related to the qualifications, functions, or duties of the owner of an approved school, in which case, the records of conviction or a certified copy thereof shall be conclusive evidence of the conviction. (2) Repeated failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Public Health, for the regulation of board-approved schools. (3) Repeated failure to comply with the rules adopted by the board for the regulation of board-approved schools. (4) Continued practice by a person knowingly having an infectious or contagious disease. (5) Habitual drunkenness, or habitual use of, or addiction to the use of, any controlled substance. (6) Obtaining or attempting to obtain practice in any occupation licensed and regulated under this chapter, or money, or compensation in any form, by fraudulent misrepresentation. (7) Refusal to permit or interference with an inspection authorized under this chapter. (8) Any action or conduct that would have warranted the denial of a school approval. (Amended by Stats. 2021, Ch. 648, Sec. 19. (SB 803) Effective January 1, 2022.)
  200. 7362.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 8. Schools, Instructors, and Curricula [7362 - 7395.2] ( Article 8 added by Stats. 1990, Ch. 1672, Sec. 3. )

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    A board-approved cosmetology school must meet the listed staffing, space, enrollment, and training requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 10. Barbering and Cosmetology [7301 - 7426.5] ( Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3. ) ## ARTICLE 8. Schools, Instructors, and Curricula [7362 - 7395.2] ( Article 8 added by Stats. 1990, Ch. 1672, Sec. 3. ) ## 7362.1. A school of cosmetology approved by the board shall also meet all of the following: (a) Possess the equipment and floor space necessary for comprehensive instruction of 25 cosmetology students or the number of students enrolled in the course, whichever is greater. (b) Have entered on the roll of a proposed school of cosmetology at least 25 bona fide, full-time students for the cosmetology course. For purposes of this section, a bona fide, full-time student is a person who has been entered on the roll of a proposed school of cosmetology and has committed to attend a full course in cosmetology. (c) Maintain a course of practical training and technical instruction for the full cosmetology course as specified in this chapter and in board regulations. A course of instruction in any branch of cosmetology shall be taught in a school of cosmetology. (Amended by Stats. 2003, Ch. 788, Sec. 42. Effective January 1, 2004.)

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