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General Contractor
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499 Posts
Discussion Starter · #1 ·
I just received this email from the CSLB and was wondering if other states are making similar changes or have the same law.

I am specifically referring to SB 407 which states that all plumbing fixtures must be replaced with water conserving types prior to receiving final permit approval on homes built prior to 1994.

The way I read this, it would be similar to the law requiring smoke detector/CO alarms that must be installed when doing any permitted residential remodels.

So if I am doing a patio cover or deck, I now need to check inside the home for water conserving fixtures and smoke/CO and add those costs to my estimate?

Please tell me I am reading this wrong.

December 30, 2013
CSLB #13-07
New Construction Laws Become Effective This Week
CSLB given new disciplinary powers, water-conservation measure takes effect

SACRAMENTO – The turn of the calendar to 2014 ushers in a host of laws that will impact contractors and consumers alike. On January 1, 2014, newly enacted laws give the Contractors State License Board (CSLB) more disciplinary authority, while another law requires the installation of water-conserving plumbing devices in older homes when renovations are made.
A new statute in the state Business and Professions Code (B&P Code) expands CSLB’s disciplinary authority on Wednesday: CSLB now can take administrative action against licensed or unlicensed individuals who commit violations related to the fraudulent possession, alteration, or use of a contractor’s license (SB 261). Previously, an offense could not be alleged administratively, as the law only allowed it to be charged as a misdemeanor by a prosecutor. Now, if a prosecutor does not file charges, CSLB has administrative authority to discipline violators.
An amendment to the B&P Code now enables CSLB to discipline a license qualifier (and the licensed entity they are qualifying) when the qualifier is not actively involved in the construction activities of the license they are representing (SB 262). In addition to administrative penalties, the individual falsely serving as a qualifier on the license can be charged with a misdemeanor, and be sentenced to serve up to six months in jail, and pay a fine from $3,000-$5,000, or both, if convicted.
A water conservation law added to state Civil Code in 2009 (Senate Bill 407) takes effect this week and requires anyone applying for building alterations or improvements to single-family residences built in 1994 or before to replace all plumbing fixtures with water-saving models as a condition of receiving final permit approval from a local building department. The law also requires water-conserving plumbing fixtures in multi-family dwellings or commercial properties by 2019 when specific renovations are made.
Another B&P Code amendment (SB 822) gives a break to CSLB licensees who submit an incomplete renewal application on or before the license expiration date. The application will be sent back by CSLB with an explanation, and the applicant has 30 days to correct and resubmit the renewal without a delinquency fee.
Several other laws affecting the construction industry take effect January 1, 2014, from the following 2013 legislative action:
AB 433 allows licensed C-36 Plumbing contractors to install residential fire protection systems for one- or two-family homes. The law will stay in effect until January 1, 2017.
AB 811 requires Regional Notification Centers to compile information provided by operators and excavators regarding facility incidents and make that information available in annual reports and on their websites.
AB 1236 allows contractors licensed as a limited liability company (LLC) to obtain statutorily required liability insurance from a surplus line insurer.
AB 44 specifies that contractors making public works project bids or offers must list each subcontractor license number on those documents.
AB 164 requires that local governments’ public-private partnership agreements for fee-producing infrastructure projects must include performance bonds and payment bonds.
SB 7 declares that charter cities that don’t require contractors to comply with the state’s prevailing wage law on any public works contract cannot receive nor use state funding or state assistance for those construction projects.
Just seems like one more hurdle to those of us trying to follow the letter of the law and still maintain a profitable business. I know these costs would just be passed on the the customer, but what about those competing bids from contractors not pulling permits. Even tougher to be competitive.
 

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Renaissance Man
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6,818 Posts
This will only further push the underground economy and burden the existing HO with added costs they don't need.

Typical liberal mindset that sounds easy on paper but lacks real world experience.

Cali is it's own worse enemy IMO,..continually pushing out the working class businesses in search of the perfect Mecca that doesn't exist.

Excuse me while I attempt to triple flush this turd from my water saver turdlet :laughing:
 

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Registered
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210 Posts
Well that's a fine how do you do.

I see a "water conservation compliance form" in our future.

However, reading:

Excuse me while I attempt to triple flush this turd from my water saver turdlet :laughing:

Made me lol.
 

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Eater of sins.
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4,679 Posts
Sorry to say, you are not reading it incorrectly.

Some cities will be making it fairly easy though by requiring the home owner to sign a statement that the house fixtures do comply or will comply in some short amount of time taking the onus off the contractor.
But you all better make it known to your clients that live in older houses (pre 1994) if you get a building or remodel permit.

Andy.
 

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GC/carpenter
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43,887 Posts
It really makes it difficult for the new contractors that haven't evolved with the rules. It can be very overwhelming even for seasoned contractors, depending on the complexity of the build. I don't think this law will effect the decking business yet.
 

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Eater of sins.
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4,679 Posts
It really makes it difficult for the new contractors that haven't evolved with the rules. It can be very overwhelming even for seasoned contractors, depending on the complexity of the build. I don't think this law will effect the decking business yet.
Actually...for a deck you need a building permit...so...well...


...your kinda screwed too.

Andy.
 

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GC/carpenter
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43,887 Posts
Californiadecks said:
I it says it's a 2014 building permit requirement for major improvements and renovations.
Actually it's only for MAJOR renovations. A deck isn't a major renovation. And the home owner can sign papers and has until 2017. At which point I walk away.
 

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Eater of sins.
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4,679 Posts
I see that that synopsis is dated back to June of 2009.
As I understand it now from talking with several code enforcement and building officials, they interpret the statute to include ANY building permit and not just those of an increase of 10% or more of living space or $150,000.00 remodel as stated in this synopsis.

The think I am wondering about is that if they require all single family residences to comply by 2017, how do they intend to get there by just permit and selling of the properties in question.
There will be a butt load of properties not sold or needing permits before that time. So what happens to those homes I wonder.
Is the state going to check each house before that dead line?

Andy.
 

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GC/carpenter
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ScipioAfricanus said:
Actually...for a deck you need a building permit...so...well... ...your kinda screwed too. Andy.
Major renovation includes anything over $150,000.00 Or increases the floor space by 10% or more.
 

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Eater of sins.
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4,679 Posts
Actually it's only for MAJOR renovations. A deck isn't a major renovation. And the home owner can sign papers and has until 2017. At which point I walk away.
Yeah, it is all kind of muddy right now. Some cities are freaking out about what to do and how to comply without getting their citizens in a tizzy.
We won't really know for sure for about 6 months into the year how it will all shake out.

Andy.
 

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GC/carpenter
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43,887 Posts
Read page 3 paragraph i and ii it says any building that you increase the floor space 10% or more needs compliant fixtures. And any building that spends 150,000 or more needs compliant fixtures.
 

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Eater of sins.
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HI Mike, I just checked it out again and the 10% increase on floor area and/or $150,000.00 is for multifamily dwellings and commercial buildings.
It looks like single family residences will be required to comply for any building permit that will have a C of O or a final inspection associated with it.

This one.

We're F'ed.

Andy.
 

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Eater of sins.
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4,679 Posts
Read page 3 paragraph i and ii it says any building that you increase the floor space 10% or more needs compliant fixtures. And any building that spends 150,000 or more needs compliant fixtures.
With a re-read of this one it too says 10$ and/or $150k for multifamily.

Singles are any building permit requiring final or C of O.

Andy.
 

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Eater of sins.
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4,679 Posts
It says site work, isn't a deck site work?
Site work generally is not attached to a house or is at ground level such as flat work.
Some cities around here do not require permits for decks lower than the 30" and not bigger than 200 sq. ft.
Some want permits for anything considered a deck.

The thing is all contractors (legal that is) will be in the same boat and people sill still want decks built.

I think you will be just fine Mike. you do hideously fine work so you will be sought out as always.

(Jeez I am such an ass-kisser).

Andy.
 
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