Capitol Connection 08/31/20
General Scope, Power Poles & Equipment Or Fixtures Installations
I would never ‘hazard’ a guess in answering our first contractor who needs facts fast! Another contractor is asking for help sorting out fact from ‘fiction’ while I help clarify an attorney’s ‘objection’ to his client’s competitive issues…
Q: My company has been asked to do some power pole painting for one of the large Energy Companies in California. Obviously, we need to obtain a CA Contractor’s license in order to take this on. We plan on getting the “C-33” (Painting) license first, however the Energy Company informed us that we also would require a “C-10” (Electrical) and Hazmat certification to perform the tower painting scope. You have already informed us of the requirement for the “C” classifications, but what are the requirements for the Hazmat Certification?
A: The HAZ certification is an “add on” certification. A licensed contractor is required to hold the “A” (General Engineering), “B” (General Building), “C-12” (Earthwork and Paving), “C-36” (Plumbing), “C-57’”(Well Drilling), or the “C-61/D-40” (Service Station Equipment and Maintenance) in order to be permittedto add the HAZ certification. The Qualifier of one of these classifications is also required to take the exam in order to have the certification added. Call me for further assistance.
Q: I have been doing hotel room preparation for many years and it has come to my attention that a Contractor’s License may be needed, however I’m getting conflicting information. Basically, what we do to prep the rooms is install furniture which sometimes involves bolting a headboard to the wall or attaching a heavy desk or shelf to the wall. We sometimes install vanities, but no hook ups or anything. Basically, the work involves screwing hardware in the studs on the wall.
A: If the cost of a hotel furniture installation project is $500 or more, including labor and materials, a contractor’s license is required. The “D-34” (Prefabricated Equipment) class would be the most appropriate for the anchored furnishings.
Q: I’m an attorney and one of my clients who is a contractor, is seeking advice about a competitor contractor and whether the competitor is contracting out of scope. His competitor has done several jobs recently which involve painting and roofing. In doing some research, according to B&P Code Section 7057, it seems to me that a “B” Contractor is required to be performing framing or carpentry plus two unrelated trades on any one job. Does that mean my client’s competitor is contracting out of scope?
A: In order to qualify to obtain a “B” license, the Qualifier is required to document four years of full-time experience doing General Building work. This must include framing and at least two unrelated trades. Once the license is in place, a General Building contractor can only contract for work involving at least two unrelated trades. Roofing and painting would be unrelated, so it sounds like your client’s competitor is contracting within their scope.
It sounds like where you are confusing B&P Code 7057 is in order to qualify for the license initially, a General Building contractor must document their experience doing framing and at least two unrelated trades, however once the license is obtained, framing/carpentry are not required to be performed on every job, as long as at least two unrelated building trades are included. Among the most complex rules of law, I always welcome attorney calls to help clear the air on license rules and interpretation in CA, NV and AZ.