California pool industry eyes legislation - Making News

Pool & Spa News, July 25, 2003 by Rebecca Robledo

With the end of the legislative season just two months away, the California pool and spa industry is confronting bills that could have a significant impact on it.

The most ominous, a bill that would have mandated two safety devices on every pool, has been watered down. Now, Assembly Bill 24 would only require distribution of a brochure outlining safety options.

The bills have overcome at least the first major hurdle: passing through their houses of origin. Deadline for them to pass both houses is Sept. 12.

Repair contractor bill

Senate Bill 30 would simplify legally mandated contract language. Most importantly for the pool industry, it may affect the definition of an "emergency repair" and create a new license for those performing them.

Currently, emergency repairs that do not require a contract or three-day rescission period can cost no more than $500. The bill currently maintains that ceiling, but SPEC (a lobbying group for the California pool and spa industry) plans to lobby for a higher limit.

According SPEC President Don Burns, technicians routinely perform higher-ticket repairs in emergency cases without observing the three-day period and risk customers refusing payment under their rescission rights. However, legislators worry that professionals will try to sell unrelated items under the emergency allowance. The bill has passed the Senate and awaits a hearing in its first Assembly committee.

Lien rights

Assembly Bill 286 would change mechanics' lien laws for contracts under $15,000. If passed, the bill will protect consumers from liens placed against their homes if the ticket price is under $15,000 and they have paid for the contractor's services. Unpaid subcontractors would have to file claims against the contractor's bond.

SPEC opposes the bill. "Legally, the mechanics' lien law is enshrined in the constitution," Burns said, adding that it would likely raise the price of bonds, which would especially hurt small contractors. The bill has passed the Assembly and is being heard in the Senate.

Licensing reprieve

With the budget cuts the state has been facing, the California Contractors State License Board has had to substantially trim down its staff, bogging down the processing of contractor license renewals.

"The pool contractor will go into the building department to pull a building permit locally and the permit-issuing officer says, 'You don't have a valid license. It's expired,'" Burns said.

Assembly Bill 1386 would establish that a contractor's license is still valid if the contractor can prove he or she has submitted the necessary paperwork for renewal on time. The bill has passed the Assembly and awaits its first Senate committee hearing.

Landscape contractor rights

Assembly Bill 341 would allow landscape contractors to hire a project's pool builder. Currently, consumers must establish separate contracts with pool builders and landscape contractors. This bill would legalize an already common practice and allow consumers to work with just one contractor, Burns said. However, the landscape contractor must work with only one licensed pool company and cannot subcontract the various pool-construction stages. The bill has passed both houses and the governor has signed it into law.

Vehicle signage

Assembly Bill 1538 would require that all commercially licensed vehicles have the company name, telephone number and license number on the door. Burns said such signage would alert consumers, general contractors and other subcontractors when an unlicensed company is trying to do business. The bill passed the Assembly and will be heard on the Senate floor.

Stiffer penalties

Senate Bill 433 would impose a 90-day jail term on unlicensed contractors who are caught two or more times. If passed, the bill will allow the judge to sentence the offender to community service if extraordinary circumstances exist. The bill has passed the Senate and is being heard in the Assembly.