CSLB Spring 2015 Newsletter Part 2

In this edition of the CSLB Spring 2015 Newsletter part 2 I’ll discuss advertising rules for contractors.

On this page of the newsletter the CSLB discusses advertising rules. What caught my eye were two things.

Polar Solar CSLB newsletter1) The image they used in the article was taken in front of the CSLB headquarters building. I looked up the business name and found one company called Polar Solar Inc. located in Tarzana, Ca.

I thought, why would a SoCal contractor be at the CSLB HQ building. So I blew up the image and could see they used a fictitious phone number and a license number of 123456. I’m assuming they did this just as an example of the font size required by law. But I think they should have used an actual contractors vehicle ad to give a real world example. Perhaps they chose not to because they felt they were giving free advertising to an actual contractor. Either way, I think a real world example would have been more appropriate.

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I was recently asked by an applicant if he could advertise his business name (John Doe Construction) as JD Construction. This brings me to the second topic

2) The article states: “Also, remember that licensees must list the name of their business exactly as it appears in CSLB records for any advertisement, bid, or contract. Name style variations are not allowed. Contracts must be in the same form and type as specified in B&P Code section 7159.” I did not add the bold text, that’s exactly how it was printed in the newsletter.

I remember looking up advertising rules for the applicant mentioned above and I thought… “exactly as it appears”?? I don’t recall reading that in the law. So I did an extensive search of my contractors license law pdf using the search terms “exactly as it appears”, “business name”,  “advertising”, and “name style” and could find nothing that states the licensees business name had to be “exactly as it appears.”

B&P Code section 7059.1 Misleading or incompatible use of name styles, does not use any language that refers to “exactly as it appears.”

The above statement references B&P Code section 7159, that section also does not use the language “exactly as it appears” anywhere in the section.

So maybe the hour + I spent doing research wasn’t enough, maybe I somehow missed something, or maybe the CSLB is once again attempting to enforce something that doesn’t exist in the law as written. If it is in the law somewhere, and you find it, please share the law, regulation, or code section with me.

If you are a new follower to my blog or a long time reader, I may come across as overly critical of the Contractors State License Board. I don’t want to mislead you… I am! I am because the CSLB is overly critical of profiled applicants, of it’s employee’s, and of the industry overall. Somebody has to call it like it is.

If you want to read the entire CSLB Spring 2015 Newsletter, click here.

I’ve uploaded the Contractors License Law pdf here if you’d like to read it as well.

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New Contractors License Law

A new contractors license law goes into effect for 2014.

With the new application experience verification process in full swing, many people who contact me are asking about using someone else to qualify their license.new contractors license law

As I’ve stated in other posts, the law does allow this. But, with the new law listed below, you better be fully involved in the other licenses activities or the CSLB can and will come after you.

Agencies like The RMO Agency have been connecting companies and qualifiers for years. The problem is, they have no oversight to ensure that the people they are connecting are actually following the current rules/laws/regulations that pertain to qualifiers of licenses. I’m not suggesting they should have oversight. It is the qualifiers responsibility to ensure they are involved in the projects done by that other license, after all. But companies like this will put together a qualifier from northern cal with a company in southern cal. This puts the qualifier and the company in a perilous position. And now, with this new law coming into effect, the CSLB will have the power to take action against both parties.

Below is the section outlining the new law in the CSLB newsletter.

Qualifiers – CSLB is now able to discipline a 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. 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. SB 262 amended §7068.1 of the B&P Code.

My advice to anyone who may be thinking about qualifying another license… the new contractors license law can and will have a big impact on you, the license you qualify, and your own personal or corporate license. So I suggest you do what you can to be involved as much as possible.

via CLC Newsletter Winter 2013.

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