Bill Text: CA SB1481 | 2017-2018 | Regular Session | Amended
Bill Title: Structural pest control: certification: fumigation: penalties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-19 - Chaptered by Secretary of State. Chapter 572, Statutes of 2018. [SB1481 Detail]
Download: California-2017-SB1481-Amended.html
Amended
IN
Senate
April 19, 2018 |
Senate Bill | No. 1481 |
Introduced by Senator Hill |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8504.2 is added to the Business and Professions Code, to read:8504.2.
“Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or material injury, or to manipulate the populations to prevent causing such injury.SEC. 2.
Section 8504.3 is added to the Business and Professions Code, to read:8504.3.
“Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same meaning.SEC. 3.
Section 8504.4 is added to the Business and Professions Code, to read:8504.4.
“Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property.SEC. 4.
Section 8517 of the Business and Professions Code is amended to read:8517.
Any work contract, billing, agreement, letter of work completed, or other correspondence or document expressing an opinion or making a statement relating to the presence or absence of wood destroying pests orSECTION 1.SEC. 5.
Section 8519 of the Business and Professions Code is amended to read:8519.
Certification as used in this section means a written statement by the registered company attesting to the statement contained therein relating to the absence or presence of wood-destroying pests or organisms and, listing such recommendations, if any, which appear on an inspection report prepared pursuant to Section 8516, and which relate to (1) infestation or infection of wood-destroying pests or organisms found, or (2) repair of structurally weakened members caused by such infestation or infection, and which recommendations have not been completed at the time of certification.SEC. 6.
Section 8519.5 of the Business and Professions Code is amended to read:8519.5.
(a) After an inspection report has been prepared by a Branch 3 registered company pursuant to Section 8516, which discloses a wood destroying pest or organism that can be eradicated by fumigation, and the fumigation has been duly performed by a Branch 1 registered company, the Branch 1 registered company, on a company document that identifies the licensee performing the fumigation and the name and address of the registered company, shall issue the following certification: “This is to certify that the property located at ____ (address) was fumigated on ____ (date) for the extermination of ____ (target pest).” This certification shall be issued(b)
(2)Maintain with the original inspection report, on a company document, all of the following:
(A)The name of the current owner of the structure fumigated, the address of the structure, and the date of the failed fumigation.
(B)An explanation of the need for refumigation.
(C)The proposed date for the refumigation.
(3)Within five working days after the completion of the refumigation, the Branch 1 registered company, on a company document, shall file with the current owner, and the Branch 3 registered company whose report was used for the original fumigation, information regarding the completion of the refumigation, a new certification, and any warranty or guarantee.
SEC. 7.
Section 8520 of the Business and Professions Code is amended to read:8520.
(a) There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members.SEC. 8.
Section 8550 of the Business and Professions Code is amended to read:8550.
(a) It is unlawful for any(e)It
SEC. 9.
Section 8553 of the Business and Professions Code is amended to read:8553.
Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, is guilty of a misdemeanor, and is punishable by a fine of not less thanSEC. 10.
Section 8613 of the Business and Professions Code is amended to read:8613.
A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor, officers, sole proprietors, partners, or its bond or insurance shall notify the registrar on a form prescribed by the board of that change withinSEC. 11.
Section 8619 of the Business and Professions Code is amended to read:8619.
(a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made.SEC. 12.
Section 8623 of the Business and Professions Code is amended to read:8623.
(a) Notwithstanding Section 8620 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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, and the board shall have all the powers granted therein.SEC. 13.
Section 8623.5 is added to the Business and Professions Code, to read:8623.5.
(a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after not less than the following minimum periods have elapsed, beginning on the effective date of the decision ordering that disciplinary action:SEC. 14.
Section 8663 of the Business and Professions Code is amended to read:8663.
(a) This section only applies to work conducted under a Branch 1 license.(b)
(c)
(d)A copy of a notice of violation issued for any violation committed by a subcontractor shall be sent by certified mail to the prime contractor by the issuing authority within 15 days from the date the violation was committed.