Today's Law As Amended


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AB-2342 Structural pest control.(1989-1990)



As Amends the Law Today


SECTION 1.

 Section 8514 of the Business and Professions Code is amended to read:

8514.
 (a) No  A Branch 2 or 3    registered company shall not  commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the control of household pests, or wood destroying  wood-destroying  pests or organisms until the registered company has completed an inspection. an inspection has been made. 
(b)  Notwithstanding any provision of this chapter, after an inspection has been made, made  a registered company which holds a branch registration for the control of household pests, or wood destroying pests or organisms, but whose its  branch registration restricts the method of eradication or control permitted, may recommend and enter into a contract for the eradication or control of pests within the scope of its branch registration, provided that  it subcontracts, subcontracts  in writing, writing  the actual performance of the work to a registered company which holds a branch registration authorizing the particular method to be used.
(c)  A registered company may subcontract,  in writing,  writing subcontract  any pest control work for which it is registered in any branch or branches to a registered company holding a valid branch registration to do that such  work.
(d) Nothing in this chapter shall be construed to prohibit a registered company or the consumer from subcontracting with a licensed contractor to do any work authorized under Section 8556.
(e) A registered company shall not subcontract structural fumigation work, as permitted in this section, without the written consent of the consumer. The consumer shall be informed in advance, in writing, of any proposed work which the registered company intends to subcontract and of the consumer’s right to select another person or entity of the consumer’s choosing to perform the work. The consumer may authorize the subcontracting of the work as proposed or may contract directly with another registered company licensed to perform the work. Nothing in this paragraph shall be construed to eliminate any otherwise applicable licensure requirements, nor permit a licensed contractor to perform any work beyond that authorized by Section 8556.
(f)  Nothing contained in this section  herein contained  shall permit or authorize a any  registered company to perform, attempt to perform, advertise or hold out to the public or to any person that it is authorized, qualified, qualified  or registered to perform, pest control work in a any  branch, or by a any  method, for which it is not registered, except that a Branch 2 or Branch 3 registered company may advertise fumigation or any all encompassing treatment described in paragraph (8) of subdivision (a) of Section 1991 of Title 16 of the California Code of Regulations if the company complies with the requirements of this section. registered. 
(g)  Subcontracting of work, as permitted in this section,  herein,  shall not relieve the prime contractor or the subcontractor from responsibility for, or from disciplinary action because of, an any  act or omission on its part, which would otherwise be a ground for disciplinary action. However, the registered company making the initial proposal including proposed work that the registered company intends to subcontract shall not be subject to disciplinary action or otherwise responsible for an act or omission in the performance of the work that the consumer directly contracts with another registered company, person, or entity to perform, as permitted by this section. All home solicitation contracts shall comply with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code. 

SEC. 2.

 Section 8550 of the Business and Professions Code is amended to read:

8550.
 (a)   It is unlawful for any person individual  to advertise, to  engage in,  or offer to engage in the business or  of, act in the capacity of, or advertise himself or herself as, or assume to act as, an operator or a field representative, or to engage or offer to engage in the  practice of structural pest control, as defined in Section 8505,  unless he or she is licensed under this chapter. For purposes of this subdivision, “engage in the practice of structural pest control” shall not include price quotations given by unlicensed employees of a registered company in response to a request for that information.  
(b) Notwithstanding subdivision (a), an unlicensed person may solicit pest control work on behalf of a structural pest control company only if the company is registered pursuant to this chapter, and the unlicensed individual does not perform or offer to perform any act for which an operator, field representative, or applicator license is required pursuant to this chapter. As used in this subdivision, to “solicit pest control work” means to introduce consumers to a registered company and the services it provides, to distribute advertising literature, and to set appointments on behalf of a licensed operator or field representative.
(c) It is unlawful for an unlicensed person, soliciting pest control work on behalf of a registered structural pest control company pursuant to subdivision (b), to perform or offer to perform any act for which an operator, field representative, or applicator license is required, including, but not limited to, performing or offering pest control evaluations or inspections, pest identification, making any claims of pest control safety or pest control efficacy, or to offer price quotes other than what is provided and printed on the company advertising or literature, or both.
(d) It is also unlawful for any unlicensed person to offer any opinion, or to make any recommendations, concerning the need for structural pest control work in general, or in connection with a particular structure.
(e) (b)   It  Except as provided in subdivision (c), on and after January 1, 1987, it  is unlawful for any firm, sole proprietorship,  partnership, corporation, association, association  or other organization or combination thereof to engage or offer to engage in the practice of structural pest control, unless registered in accordance with Article 6 (commencing with Section 8610).  
(c)  An individual, partnership, or corporation holding an operator’s license on January 1, 1987, issued in the company name style, may, before January 1, 1988, upon application and payment of the operator’s license fee and company registration fee in accordance with Section 8674, be issued a company registration in the company name style and, without examination, an operator’s license in the name of the owner or qualifying manager or managers.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.