Title BPC — California Bus. & Prof. Code

(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 homeowne…

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.

(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 s…

(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 thi…

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 transa…

(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 prog…

(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:…

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…

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 i…

(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, carpet…

(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 …

(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 writ…

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…

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…

(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 contract…

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.

(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 en…

(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 sol…

(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…

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 th…

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, abatem…

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 s…

(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 …

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 gros…

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, constructio…

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) Posses…

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 inte…

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 punis…

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.

(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 Sect…

(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 p…

(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 …

This chapter is known and may be cited as the “Psychiatric Technicians Law.”

(a) As used in this chapter, “board” means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Protection of the public shall be the highest priority for the board 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 paramo…

Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.

As used in this chapter, “psychiatric technician” means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotion…

A psychiatric technician, working in a mental health facility or developmental disability facility, when prescribed by a licensed physician and surgeon, may administer medications by hypodermic injection.

A psychiatric technician, when prescribed by a licensed physician and surgeon, may withdraw blood from a patient with a mental illness or developmental disability if the psychiatric technician has received certification from the board that the psychiatric technician has completed…

(a) A psychiatric technician, when prescribed by a licensed physician and surgeon, may perform the following activities on a patient with a mental illness or developmental disability: (1) Tuberculin, coccidioidin, and histoplasmin skin tests, providing the administration is withi…

(a) The board shall administer and enforce the provisions of this chapter. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.

(a) The board shall prosecute all persons guilty of violating the provisions of this chapter. (b) The board may employ clerical assistance as it deems necessary to carry into effect the provisions of this chapter. The board may fix the compensation to be paid for those services a…

Except as provided by Section 159.5, the board may employ whatever personnel is necessary for the administration of this chapter.

This chapter shall not apply to the following: (a) Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2. (b) Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2. (c) Registered nurses licensed …

This chapter does not prohibit provisions of the services regulated herein with or without compensation or personal profit, when done by the tenets of any well-recognized church or denomination, so long as they do not otherwise engage in the practice set forth in the chapter.

Nothing in this chapter shall be construed to prevent persons from performing services described in Section 4502 for purposes of training to qualify for licensure under a program approved by the board or for training in another allied professional field.

(a) The board shall issue a psychiatric technician’s license to each applicant who qualifies and, if required to take it, successfully passes the examination given pursuant to this chapter. The board shall also issue a psychiatric technician’s license to each holder of a psychiat…

An applicant for license by examination shall submit a written application in the form prescribed by the board. Provided that the application for licensure is received by the board no later than four months after completion of a board approved psychiatric technician program and a…

(a) Applicants and licensees shall provide the board a physical mailing address. (b) Applicants and licensees shall provide the board an electronic mail address no later than July 1, 2022. Unless an applicant specifies in writing a preference for regular mail, the board shall dir…