State Codes and Statutes

Statutes > California > Bpc > 7055-7059.1

BUSINESS AND PROFESSIONS CODE
SECTION 7055-7059.1



7055.  For the purpose of classification, the contracting business
includes any or all of the following branches:
   (a) General engineering contracting.
   (b) General building contracting.
   (c) Specialty contracting.


7056.  A general engineering contractor is a contractor whose
principal contracting business is in connection with fixed works
requiring specialized engineering knowledge and skill, including the
following divisions or subjects: irrigation, drainage, water power,
water supply, flood control, inland waterways, harbors, docks and
wharves, shipyards and ports, dams and hydroelectric projects,
levees, river control and reclamation works, railroads, highways,
streets and roads, tunnels, airports and airways, sewers and sewage
disposal plants and systems, waste reduction plants, bridges,
overpasses, underpasses and other similar works, pipelines and other
systems for the transmission of petroleum and other liquid or gaseous
substances, parks, playgrounds and other recreational works,
refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill, powerhouses, power
plants and other utility plants and installations, mines and
metallurgical plants, land leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing work and cement
and concrete works in connection with the above mentioned fixed
works.


7057.  (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
   This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of the work of the general building
contractor.
   (b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor may not count framing or carpentry in calculating the two
unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
   (c) No general building contractor shall contract for any project
that includes the "C-16" Fire Protection classification as provided
for in Section 7026.12 or the "C-57" Well Drilling classification as
provided for in Section 13750.5 of the Water Code, unless the general
building contractor holds the appropriate license classification, or
subcontracts with the appropriately licensed contractor.



7058.  (a) A specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
   (b) A specialty contractor includes a contractor whose operations
include the business of servicing or testing fire extinguishing
systems.
   (c) A specialty contractor includes a contractor whose operations
are concerned with the installation and laying of carpets, linoleum,
and resilient floor covering.
   (d) A specialty contractor includes a contractor whose operations
are concerned with preparing or removing roadway construction zones,
lane closures, flagging, or traffic diversions on roadways,
including, but not limited to, public streets, highways, or any
public conveyance.



7058.5.  (a) No contractor shall engage in asbestos-related work, as
defined in Section 6501.8 of the Labor Code, that involves 100
square feet or more of surface area of asbestos containing materials,
unless the qualifier for the license passes an asbestos
certification examination. Additional updated asbestos certification
examinations may be required based on new health and safety
information. The decision on whether to require an updated
certification examination shall be made by the Contractors State
License Board, in consultation with the Division of Occupational
Safety and Health in the Department of Industrial Relations and the
Division of Environmental and Occupational Disease Control in the
State Department of Public Health.
   No asbestos certification examination shall be required for
contractors involved with the installation, maintenance, and repair
of asbestos cement pipe or sheets, vinyl asbestos floor materials, or
asbestos bituminous or resinous materials.
   "Asbestos," as used in this section, has the same meaning as
defined in Section 6501.7 of the Labor Code.
   (b) The Contractors State License Board shall make available to
all applicants, either on the board's Internet Web site or, if
requested, in hard copy, a booklet containing information relative to
handling and disposal of asbestos, together with an open book
examination concerning asbestos-related work. All applicants for an
initial contractor license shall complete the open book examination
and, prior to the issuance of a contractor's license, submit it to
the board electronically or by mail if the applicant elects to use
the hard-copy format.



7058.6.  (a) The board shall not issue an asbestos certification, as
required by Section 7058.5, unless the contractor is registered with
the Division of Occupational Safety and Health of the Department of
Industrial Relations pursuant to Section 6501.5 of the Labor Code.
The board may issue an asbestos certification to a contractor who is
not registered, provided the contractor in a written statement
acknowledges that he or she does not perform asbestos-related work.
The board shall notify both the division and the contractor, in
writing, of the contractor's passage of the certification
examination, for the purpose of allowing the contractor to satisfy
the requirement of paragraph (1) of subdivision (a) of Section 6501.5
of the Labor Code. The contractor shall register with the division
within 90 days from the date the contractor is notified of the
passage of the certification examination. The board may require a
reexamination if the contractor fails to register within 90 days
following issuance of the notification. Applicable test fees shall be
paid for any reexamination required under this section.
   (b) Any contractor who is certified to engage in asbestos-related
work shall present proof of current registration with the division
pursuant to Section 6501.5 of the Labor Code upon application for
renewal of his or her license, if the contractor engages in
asbestos-related work, as defined in Section 6501.8 of the Labor
Code.
   (c) A contractor who is not certified pursuant to this section may
bid on and contract to perform a project involving asbestos-related
work as long as the asbestos-related work is performed by a
contractor who is certified and registered pursuant to this section
and Section 6501.5 of the Labor Code.
   (d) The board shall obtain and periodically update the list of
contractors certified to engage in asbestos-related work who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.




7058.7.  (a) No contractor may engage in a removal or remedial
action, as defined in subdivision (d), unless the qualifier for the
license has passed an approved hazardous substance certification
examination.
   (b) (1) The Contractors' State License Board, the Division of
Occupational Safety and Health of the Department of Industrial
Relations, and the Department of Toxic Substances Control shall
jointly select an advisory committee, which shall be composed of two
representatives of hazardous substance removal workers in California,
two general engineering contractors in California, and two
representatives of insurance companies in California who shall be
selected by the Insurance Commissioner.
   (2) The Contractors' State License Board shall develop a written
test for the certification of contractors engaged in hazardous
substance removal or remedial action, in consultation with the
Division of Occupational Safety and Health, the State Water Resources
Control Board, the Department of Toxic Substances Control, and the
advisory committee.
   (c) The Contractors' State License Board may require additional
updated approved hazardous substance certification examinations of
licensees currently certified based on new public or occupational
health and safety information. The Contractors' State License Board,
in consultation with the Department of Toxic Substances Control and
the State Water Resources Control Board, shall approve other initial
and updated hazardous substance certification examinations and
determine whether to require an updated certification examination of
all current certificate holders.
   (d) For purposes of this section "removal or remedial action" has
the same meaning as found in Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code, if the action
requires the contractor to dig into the surface of the earth and
remove the dug material and the action is at a site listed pursuant
to Section 25356 of the Health and Safety Code or any other site
listed as a hazardous substance release site by the Department of
Toxic Substances Control or a site listed on the National Priorities
List compiled pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.). "Removal or remedial action" does not include asbestos-related
work, as defined in Section 6501.8 of the Labor Code, or work
related to a hazardous substance spill on a highway.
   (e) (1) A contractor may not install or remove an underground
storage tank, unless the contractor has passed the hazardous
substance certification examination developed pursuant to this
section.
   (2) A contractor who is not certified may bid on or contract for
the installation or removal of an underground tank, if the work is
performed by a contractor who is certified pursuant to this section.
   (3) For purposes of this subdivision, "underground storage tank"
has the same meaning as defined in subdivision (y) of Section 25281
of the Health and Safety Code.



7058.8.  The board shall make available to the public upon request
information about contracting for the removal or encapsulation of
asbestos-containing materials in a building including all of the
following:
   (a) Steps to take when contracting with a company to remove
asbestos.
   (b) Existing laws and regulations pertaining to asbestos-related
work in California.
   (c) Basic health information as contained in the United States
Environmental Protection Agency publication, "Guidance for
Controlling Asbestos-Containing Materials in Buildings."
   (d) A current list of contractors who are certified pursuant to
Section 7058.5 to engage in asbestos-related work and who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.



7059.  (a) The board may adopt reasonably necessary rules and
regulations to effect the classification of contractors in a manner
consistent with established usage and procedure as found in the
construction business, and may limit the field and scope of the
operations of a licensed contractor to those in which he or she is
classified and qualified to engage, as defined by Sections 7055,
7056, 7057, and 7058. A licensee may make application for
classification and be classified in more than one classification if
the licensee meets the qualifications prescribed by the board for
such additional classification or classifications. The application
shall be in a form as prescribed by the registrar and shall be
accompanied by the application fee fixed by this chapter. No license
fee shall be charged for an additional classification or
classifications.
   Nothing contained in this section shall prohibit a specialty
contractor from taking and executing a contract involving the use of
two or more crafts or trades, if the performance of the work in the
crafts or trades, other than in which he or she is licensed, is
incidental and supplemental to the performance of the work in the
craft for which the specialty contractor is licensed.
   (b) In public works contracts, as defined in Section 1101 of the
Public Contract Code, the awarding authority shall determine the
license classification necessary to bid and perform the project. In
no case shall the awarding authority award a prime contract to a
specialty contractor whose classification constitutes less than a
majority of the project. When a specialty contractor is authorized to
bid a project, all work to be performed outside of his or her
license specialty, except work authorized by subdivision (a), shall
be performed by a licensed subcontractor in compliance with the
Subletting and Subcontracting Fair Practices Act (Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code).


7059.1.  (a) A licensee shall not use any business name that
indicates the licensee is qualified to perform work in
classifications other than those issued for that license, or any
business name that is incompatible with the type of business entity
licensed.
   (b) A licensee shall not conduct business under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.

State Codes and Statutes

Statutes > California > Bpc > 7055-7059.1

BUSINESS AND PROFESSIONS CODE
SECTION 7055-7059.1



7055.  For the purpose of classification, the contracting business
includes any or all of the following branches:
   (a) General engineering contracting.
   (b) General building contracting.
   (c) Specialty contracting.


7056.  A general engineering contractor is a contractor whose
principal contracting business is in connection with fixed works
requiring specialized engineering knowledge and skill, including the
following divisions or subjects: irrigation, drainage, water power,
water supply, flood control, inland waterways, harbors, docks and
wharves, shipyards and ports, dams and hydroelectric projects,
levees, river control and reclamation works, railroads, highways,
streets and roads, tunnels, airports and airways, sewers and sewage
disposal plants and systems, waste reduction plants, bridges,
overpasses, underpasses and other similar works, pipelines and other
systems for the transmission of petroleum and other liquid or gaseous
substances, parks, playgrounds and other recreational works,
refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill, powerhouses, power
plants and other utility plants and installations, mines and
metallurgical plants, land leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing work and cement
and concrete works in connection with the above mentioned fixed
works.


7057.  (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
   This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of the work of the general building
contractor.
   (b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor may not count framing or carpentry in calculating the two
unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
   (c) No general building contractor shall contract for any project
that includes the "C-16" Fire Protection classification as provided
for in Section 7026.12 or the "C-57" Well Drilling classification as
provided for in Section 13750.5 of the Water Code, unless the general
building contractor holds the appropriate license classification, or
subcontracts with the appropriately licensed contractor.



7058.  (a) A specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
   (b) A specialty contractor includes a contractor whose operations
include the business of servicing or testing fire extinguishing
systems.
   (c) A specialty contractor includes a contractor whose operations
are concerned with the installation and laying of carpets, linoleum,
and resilient floor covering.
   (d) A specialty contractor includes a contractor whose operations
are concerned with preparing or removing roadway construction zones,
lane closures, flagging, or traffic diversions on roadways,
including, but not limited to, public streets, highways, or any
public conveyance.



7058.5.  (a) No contractor shall engage in asbestos-related work, as
defined in Section 6501.8 of the Labor Code, that involves 100
square feet or more of surface area of asbestos containing materials,
unless the qualifier for the license passes an asbestos
certification examination. Additional updated asbestos certification
examinations may be required based on new health and safety
information. The decision on whether to require an updated
certification examination shall be made by the Contractors State
License Board, in consultation with the Division of Occupational
Safety and Health in the Department of Industrial Relations and the
Division of Environmental and Occupational Disease Control in the
State Department of Public Health.
   No asbestos certification examination shall be required for
contractors involved with the installation, maintenance, and repair
of asbestos cement pipe or sheets, vinyl asbestos floor materials, or
asbestos bituminous or resinous materials.
   "Asbestos," as used in this section, has the same meaning as
defined in Section 6501.7 of the Labor Code.
   (b) The Contractors State License Board shall make available to
all applicants, either on the board's Internet Web site or, if
requested, in hard copy, a booklet containing information relative to
handling and disposal of asbestos, together with an open book
examination concerning asbestos-related work. All applicants for an
initial contractor license shall complete the open book examination
and, prior to the issuance of a contractor's license, submit it to
the board electronically or by mail if the applicant elects to use
the hard-copy format.



7058.6.  (a) The board shall not issue an asbestos certification, as
required by Section 7058.5, unless the contractor is registered with
the Division of Occupational Safety and Health of the Department of
Industrial Relations pursuant to Section 6501.5 of the Labor Code.
The board may issue an asbestos certification to a contractor who is
not registered, provided the contractor in a written statement
acknowledges that he or she does not perform asbestos-related work.
The board shall notify both the division and the contractor, in
writing, of the contractor's passage of the certification
examination, for the purpose of allowing the contractor to satisfy
the requirement of paragraph (1) of subdivision (a) of Section 6501.5
of the Labor Code. The contractor shall register with the division
within 90 days from the date the contractor is notified of the
passage of the certification examination. The board may require a
reexamination if the contractor fails to register within 90 days
following issuance of the notification. Applicable test fees shall be
paid for any reexamination required under this section.
   (b) Any contractor who is certified to engage in asbestos-related
work shall present proof of current registration with the division
pursuant to Section 6501.5 of the Labor Code upon application for
renewal of his or her license, if the contractor engages in
asbestos-related work, as defined in Section 6501.8 of the Labor
Code.
   (c) A contractor who is not certified pursuant to this section may
bid on and contract to perform a project involving asbestos-related
work as long as the asbestos-related work is performed by a
contractor who is certified and registered pursuant to this section
and Section 6501.5 of the Labor Code.
   (d) The board shall obtain and periodically update the list of
contractors certified to engage in asbestos-related work who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.




7058.7.  (a) No contractor may engage in a removal or remedial
action, as defined in subdivision (d), unless the qualifier for the
license has passed an approved hazardous substance certification
examination.
   (b) (1) The Contractors' State License Board, the Division of
Occupational Safety and Health of the Department of Industrial
Relations, and the Department of Toxic Substances Control shall
jointly select an advisory committee, which shall be composed of two
representatives of hazardous substance removal workers in California,
two general engineering contractors in California, and two
representatives of insurance companies in California who shall be
selected by the Insurance Commissioner.
   (2) The Contractors' State License Board shall develop a written
test for the certification of contractors engaged in hazardous
substance removal or remedial action, in consultation with the
Division of Occupational Safety and Health, the State Water Resources
Control Board, the Department of Toxic Substances Control, and the
advisory committee.
   (c) The Contractors' State License Board may require additional
updated approved hazardous substance certification examinations of
licensees currently certified based on new public or occupational
health and safety information. The Contractors' State License Board,
in consultation with the Department of Toxic Substances Control and
the State Water Resources Control Board, shall approve other initial
and updated hazardous substance certification examinations and
determine whether to require an updated certification examination of
all current certificate holders.
   (d) For purposes of this section "removal or remedial action" has
the same meaning as found in Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code, if the action
requires the contractor to dig into the surface of the earth and
remove the dug material and the action is at a site listed pursuant
to Section 25356 of the Health and Safety Code or any other site
listed as a hazardous substance release site by the Department of
Toxic Substances Control or a site listed on the National Priorities
List compiled pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.). "Removal or remedial action" does not include asbestos-related
work, as defined in Section 6501.8 of the Labor Code, or work
related to a hazardous substance spill on a highway.
   (e) (1) A contractor may not install or remove an underground
storage tank, unless the contractor has passed the hazardous
substance certification examination developed pursuant to this
section.
   (2) A contractor who is not certified may bid on or contract for
the installation or removal of an underground tank, if the work is
performed by a contractor who is certified pursuant to this section.
   (3) For purposes of this subdivision, "underground storage tank"
has the same meaning as defined in subdivision (y) of Section 25281
of the Health and Safety Code.



7058.8.  The board shall make available to the public upon request
information about contracting for the removal or encapsulation of
asbestos-containing materials in a building including all of the
following:
   (a) Steps to take when contracting with a company to remove
asbestos.
   (b) Existing laws and regulations pertaining to asbestos-related
work in California.
   (c) Basic health information as contained in the United States
Environmental Protection Agency publication, "Guidance for
Controlling Asbestos-Containing Materials in Buildings."
   (d) A current list of contractors who are certified pursuant to
Section 7058.5 to engage in asbestos-related work and who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.



7059.  (a) The board may adopt reasonably necessary rules and
regulations to effect the classification of contractors in a manner
consistent with established usage and procedure as found in the
construction business, and may limit the field and scope of the
operations of a licensed contractor to those in which he or she is
classified and qualified to engage, as defined by Sections 7055,
7056, 7057, and 7058. A licensee may make application for
classification and be classified in more than one classification if
the licensee meets the qualifications prescribed by the board for
such additional classification or classifications. The application
shall be in a form as prescribed by the registrar and shall be
accompanied by the application fee fixed by this chapter. No license
fee shall be charged for an additional classification or
classifications.
   Nothing contained in this section shall prohibit a specialty
contractor from taking and executing a contract involving the use of
two or more crafts or trades, if the performance of the work in the
crafts or trades, other than in which he or she is licensed, is
incidental and supplemental to the performance of the work in the
craft for which the specialty contractor is licensed.
   (b) In public works contracts, as defined in Section 1101 of the
Public Contract Code, the awarding authority shall determine the
license classification necessary to bid and perform the project. In
no case shall the awarding authority award a prime contract to a
specialty contractor whose classification constitutes less than a
majority of the project. When a specialty contractor is authorized to
bid a project, all work to be performed outside of his or her
license specialty, except work authorized by subdivision (a), shall
be performed by a licensed subcontractor in compliance with the
Subletting and Subcontracting Fair Practices Act (Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code).


7059.1.  (a) A licensee shall not use any business name that
indicates the licensee is qualified to perform work in
classifications other than those issued for that license, or any
business name that is incompatible with the type of business entity
licensed.
   (b) A licensee shall not conduct business under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 7055-7059.1

BUSINESS AND PROFESSIONS CODE
SECTION 7055-7059.1



7055.  For the purpose of classification, the contracting business
includes any or all of the following branches:
   (a) General engineering contracting.
   (b) General building contracting.
   (c) Specialty contracting.


7056.  A general engineering contractor is a contractor whose
principal contracting business is in connection with fixed works
requiring specialized engineering knowledge and skill, including the
following divisions or subjects: irrigation, drainage, water power,
water supply, flood control, inland waterways, harbors, docks and
wharves, shipyards and ports, dams and hydroelectric projects,
levees, river control and reclamation works, railroads, highways,
streets and roads, tunnels, airports and airways, sewers and sewage
disposal plants and systems, waste reduction plants, bridges,
overpasses, underpasses and other similar works, pipelines and other
systems for the transmission of petroleum and other liquid or gaseous
substances, parks, playgrounds and other recreational works,
refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill, powerhouses, power
plants and other utility plants and installations, mines and
metallurgical plants, land leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing work and cement
and concrete works in connection with the above mentioned fixed
works.


7057.  (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
   This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of the work of the general building
contractor.
   (b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor may not count framing or carpentry in calculating the two
unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
   (c) No general building contractor shall contract for any project
that includes the "C-16" Fire Protection classification as provided
for in Section 7026.12 or the "C-57" Well Drilling classification as
provided for in Section 13750.5 of the Water Code, unless the general
building contractor holds the appropriate license classification, or
subcontracts with the appropriately licensed contractor.



7058.  (a) A specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
   (b) A specialty contractor includes a contractor whose operations
include the business of servicing or testing fire extinguishing
systems.
   (c) A specialty contractor includes a contractor whose operations
are concerned with the installation and laying of carpets, linoleum,
and resilient floor covering.
   (d) A specialty contractor includes a contractor whose operations
are concerned with preparing or removing roadway construction zones,
lane closures, flagging, or traffic diversions on roadways,
including, but not limited to, public streets, highways, or any
public conveyance.



7058.5.  (a) No contractor shall engage in asbestos-related work, as
defined in Section 6501.8 of the Labor Code, that involves 100
square feet or more of surface area of asbestos containing materials,
unless the qualifier for the license passes an asbestos
certification examination. Additional updated asbestos certification
examinations may be required based on new health and safety
information. The decision on whether to require an updated
certification examination shall be made by the Contractors State
License Board, in consultation with the Division of Occupational
Safety and Health in the Department of Industrial Relations and the
Division of Environmental and Occupational Disease Control in the
State Department of Public Health.
   No asbestos certification examination shall be required for
contractors involved with the installation, maintenance, and repair
of asbestos cement pipe or sheets, vinyl asbestos floor materials, or
asbestos bituminous or resinous materials.
   "Asbestos," as used in this section, has the same meaning as
defined in Section 6501.7 of the Labor Code.
   (b) The Contractors State License Board shall make available to
all applicants, either on the board's Internet Web site or, if
requested, in hard copy, a booklet containing information relative to
handling and disposal of asbestos, together with an open book
examination concerning asbestos-related work. All applicants for an
initial contractor license shall complete the open book examination
and, prior to the issuance of a contractor's license, submit it to
the board electronically or by mail if the applicant elects to use
the hard-copy format.



7058.6.  (a) The board shall not issue an asbestos certification, as
required by Section 7058.5, unless the contractor is registered with
the Division of Occupational Safety and Health of the Department of
Industrial Relations pursuant to Section 6501.5 of the Labor Code.
The board may issue an asbestos certification to a contractor who is
not registered, provided the contractor in a written statement
acknowledges that he or she does not perform asbestos-related work.
The board shall notify both the division and the contractor, in
writing, of the contractor's passage of the certification
examination, for the purpose of allowing the contractor to satisfy
the requirement of paragraph (1) of subdivision (a) of Section 6501.5
of the Labor Code. The contractor shall register with the division
within 90 days from the date the contractor is notified of the
passage of the certification examination. The board may require a
reexamination if the contractor fails to register within 90 days
following issuance of the notification. Applicable test fees shall be
paid for any reexamination required under this section.
   (b) Any contractor who is certified to engage in asbestos-related
work shall present proof of current registration with the division
pursuant to Section 6501.5 of the Labor Code upon application for
renewal of his or her license, if the contractor engages in
asbestos-related work, as defined in Section 6501.8 of the Labor
Code.
   (c) A contractor who is not certified pursuant to this section may
bid on and contract to perform a project involving asbestos-related
work as long as the asbestos-related work is performed by a
contractor who is certified and registered pursuant to this section
and Section 6501.5 of the Labor Code.
   (d) The board shall obtain and periodically update the list of
contractors certified to engage in asbestos-related work who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.




7058.7.  (a) No contractor may engage in a removal or remedial
action, as defined in subdivision (d), unless the qualifier for the
license has passed an approved hazardous substance certification
examination.
   (b) (1) The Contractors' State License Board, the Division of
Occupational Safety and Health of the Department of Industrial
Relations, and the Department of Toxic Substances Control shall
jointly select an advisory committee, which shall be composed of two
representatives of hazardous substance removal workers in California,
two general engineering contractors in California, and two
representatives of insurance companies in California who shall be
selected by the Insurance Commissioner.
   (2) The Contractors' State License Board shall develop a written
test for the certification of contractors engaged in hazardous
substance removal or remedial action, in consultation with the
Division of Occupational Safety and Health, the State Water Resources
Control Board, the Department of Toxic Substances Control, and the
advisory committee.
   (c) The Contractors' State License Board may require additional
updated approved hazardous substance certification examinations of
licensees currently certified based on new public or occupational
health and safety information. The Contractors' State License Board,
in consultation with the Department of Toxic Substances Control and
the State Water Resources Control Board, shall approve other initial
and updated hazardous substance certification examinations and
determine whether to require an updated certification examination of
all current certificate holders.
   (d) For purposes of this section "removal or remedial action" has
the same meaning as found in Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code, if the action
requires the contractor to dig into the surface of the earth and
remove the dug material and the action is at a site listed pursuant
to Section 25356 of the Health and Safety Code or any other site
listed as a hazardous substance release site by the Department of
Toxic Substances Control or a site listed on the National Priorities
List compiled pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.). "Removal or remedial action" does not include asbestos-related
work, as defined in Section 6501.8 of the Labor Code, or work
related to a hazardous substance spill on a highway.
   (e) (1) A contractor may not install or remove an underground
storage tank, unless the contractor has passed the hazardous
substance certification examination developed pursuant to this
section.
   (2) A contractor who is not certified may bid on or contract for
the installation or removal of an underground tank, if the work is
performed by a contractor who is certified pursuant to this section.
   (3) For purposes of this subdivision, "underground storage tank"
has the same meaning as defined in subdivision (y) of Section 25281
of the Health and Safety Code.



7058.8.  The board shall make available to the public upon request
information about contracting for the removal or encapsulation of
asbestos-containing materials in a building including all of the
following:
   (a) Steps to take when contracting with a company to remove
asbestos.
   (b) Existing laws and regulations pertaining to asbestos-related
work in California.
   (c) Basic health information as contained in the United States
Environmental Protection Agency publication, "Guidance for
Controlling Asbestos-Containing Materials in Buildings."
   (d) A current list of contractors who are certified pursuant to
Section 7058.5 to engage in asbestos-related work and who are
registered pursuant to Section 6501.5 of the Labor Code.
   This section shall become operative on July 1, 1989.



7059.  (a) The board may adopt reasonably necessary rules and
regulations to effect the classification of contractors in a manner
consistent with established usage and procedure as found in the
construction business, and may limit the field and scope of the
operations of a licensed contractor to those in which he or she is
classified and qualified to engage, as defined by Sections 7055,
7056, 7057, and 7058. A licensee may make application for
classification and be classified in more than one classification if
the licensee meets the qualifications prescribed by the board for
such additional classification or classifications. The application
shall be in a form as prescribed by the registrar and shall be
accompanied by the application fee fixed by this chapter. No license
fee shall be charged for an additional classification or
classifications.
   Nothing contained in this section shall prohibit a specialty
contractor from taking and executing a contract involving the use of
two or more crafts or trades, if the performance of the work in the
crafts or trades, other than in which he or she is licensed, is
incidental and supplemental to the performance of the work in the
craft for which the specialty contractor is licensed.
   (b) In public works contracts, as defined in Section 1101 of the
Public Contract Code, the awarding authority shall determine the
license classification necessary to bid and perform the project. In
no case shall the awarding authority award a prime contract to a
specialty contractor whose classification constitutes less than a
majority of the project. When a specialty contractor is authorized to
bid a project, all work to be performed outside of his or her
license specialty, except work authorized by subdivision (a), shall
be performed by a licensed subcontractor in compliance with the
Subletting and Subcontracting Fair Practices Act (Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code).


7059.1.  (a) A licensee shall not use any business name that
indicates the licensee is qualified to perform work in
classifications other than those issued for that license, or any
business name that is incompatible with the type of business entity
licensed.
   (b) A licensee shall not conduct business under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.