Section § 7040

Explanation

This section explains that certain government representatives or entities, like those from the U.S. government or the state of California, don't have to follow the rules of this chapter when they're doing their official duties. However, they still can't hire an unlicensed contractor for jobs that should legally be done by a licensed one.

(a)CA Business & Professions Code § 7040(a) This chapter does not apply to an authorized representative of the United States government, the State of California, any federally recognized tribe or participating tribe acting within tribal jurisdiction, or any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state when the entity or its representative is acting within the scope of the entity’s or representative’s official capacity.
(b)CA Business & Professions Code § 7040(b) Nothing in this section authorizes the entity or its authorized representative thereof either to enter into or authorize a contract with an unlicensed contractor for work that is required by this chapter to be performed by a licensed contractor.

Section § 7041

Explanation

This law says that the rules in this chapter don't apply to court officers when they are doing their official duties.

This chapter does not apply to officers of a court when they are acting within the scope of their office.

Section § 7042

Explanation

This law states that certain rules in this chapter don't apply to public utility companies if their work is overseen by the State Railroad Commission. This includes their construction, maintenance, or development work related to their business.

This chapter does not apply to public utilities operating under the regulation of the State Railroad Commission on construction, maintenance and development work incidental to their own business.

Section § 7042.1

Explanation

This law says that gas, heat, or electrical companies regulated by the Public Utilities Commission can't do work that requires a contractor's license unless certain conditions are met. These include situations like working on their own properties, hiring licensed contractors, performing necessary safety work, or following Public Utilities Commission orders. It underscores the goal of keeping the energy conservation industry competitive.

(a)CA Business & Professions Code § 7042.1(a) Notwithstanding any other provisions of this chapter, gas, heat, or electrical corporations and their subsidiaries that are regulated as public utilities by the Public Utilities Commission shall not conduct work for which a contractor’s license is required, except under any one or more of the following conditions:
(1)CA Business & Professions Code § 7042.1(a)(1) The work is performed upon the gas, heat, or electrical corporation’s properties.
(2)CA Business & Professions Code § 7042.1(a)(2) The work is performed through a contract with a contractor or contractors licensed pursuant to this chapter or the work is performed for low-income citizens pursuant to a program authorized by order of the Public Utilities Commission.
(3)CA Business & Professions Code § 7042.1(a)(3) The work is undertaken by the gas, heat, or electrical corporation in furtherance of the generation, transmission, or distribution of electricity, gas, or steam, whether within or without the service area of the corporation, if any work performed within a structure and beyond a customer’s utility meter is necessary to protect the public safety or to avoid interruption of service.
(4)CA Business & Professions Code § 7042.1(a)(4) The work is otherwise exempt from the provisions of this chapter.
(5)CA Business & Professions Code § 7042.1(a)(5) The work is performed to comply with programs or procedures ordered or authorized by the Public Utilities Commission not inconsistent with the objectives expressed in Chapter 984 of the Statutes of 1983.
(b)CA Business & Professions Code § 7042.1(b) For the purposes of this section, the following terms have the following meanings:
(1)CA Business & Professions Code § 7042.1(b)(1) “Gas, heat, or electrical corporation properties” means properties which a gas, heat, or electrical corporation owns or leases, or over which it has been granted an easement for utility purposes, or facilities which a gas, heat, or electrical corporation owns or operates for utility purposes.
(2)CA Business & Professions Code § 7042.1(b)(2) “Subsidiaries” means subsidiaries of a gas, heat, or electrical corporation regulated as public utilities by the Public Utilities Commission which carry out activities solely for utility purposes.
(c)CA Business & Professions Code § 7042.1(c) It is the intention of the Legislature in enacting this section that public utility regulations be clearly based on the principle that the energy conservation industry should be allowed to develop in a competitive manner, as declared in Chapter 984 of the Statutes of 1983.

Section § 7042.5

Explanation

This law says that public utility companies and cable television corporations aren't covered by this chapter when they are doing work related to their businesses, like construction and maintenance. However, if a cable TV company is doing underground trenching in public streets, this exception doesn't apply unless the work is just for connecting their systems to customers' properties. It also defines a cable television corporation as a company or person that provides TV by cable for a fee.

This chapter does not apply to public utilities operating under the regulation of the Public Utilities Commission on construction, maintenance, and development work incidental to their own business, or to those activities of a cable television corporation subject to regulation pursuant to Section 768.5 of the Public Utilities Code, except underground trenching by a cable television corporation within the public streets, other than that necessary solely for the connection of its distribution system to, or within the properties of, subscribers or potential subscribers.
As used in this section, a cable television corporation is a corporation or person that transmits television programs by cable to subscribers for a fee.

Section § 7043

Explanation

This law says that certain rules don't apply when an owner or renter is doing work related to finding, producing, or stopping the operation of oil or gas wells. This includes drilling and testing activities.

This chapter does not apply to any construction, repair or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning or other operation of any petroleum or gas well, when performed by an owner or lessee.

Section § 7044

Explanation

This law explains when certain construction or improvement projects don't need to follow the usual rules. If you're an owner building something on your property and it's not for sale, and you or your workers do all the work, you don't have to follow these rules. If you hire licensed contractors, you can sell up to four new homes a year without these rules, unless using a general contractor. Homeowners can improve their own home as long as it's their main residence and they’ve lived there for a year. Nonprofits helping in mutual self-help housing programs are also exempt. If you sell a building within a year of finishing it, it's usually assumed you built it to sell, and if you sell five or more, that's definitely what you did.

(a)CA Business & Professions Code § 7044(a) This chapter does not apply to any of the following:
(1)CA Business & Professions Code § 7044(a)(1) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met:
(A)CA Business & Professions Code § 7044(a)(1)(A) None of the improvements are intended or offered for sale.
(B)CA Business & Professions Code § 7044(a)(1)(B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owner’s employees with wages as their sole compensation.
(2)CA Business & Professions Code § 7044(a)(2) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met:
(A)CA Business & Professions Code § 7044(a)(2)(A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project.
(B)CA Business & Professions Code § 7044(a)(2)(B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction.
(3)CA Business & Professions Code § 7044(a)(3) A homeowner improving his or her principal place of residence or appurtenances thereto, provided that all of the following conditions exist:
(A)CA Business & Professions Code § 7044(a)(3)(A) The work is performed prior to sale.
(B)CA Business & Professions Code § 7044(a)(3)(B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work.
(C)CA Business & Professions Code § 7044(a)(3)(C) The homeowner has not availed himself or herself of the exemption in this paragraph on more than two structures more than once during any three-year period.
(4)CA Business & Professions Code § 7044(a)(4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code.
(b)CA Business & Professions Code § 7044(b) In all actions brought under this chapter, both of the following shall apply:
(1)CA Business & Professions Code § 7044(b)(1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale.
(2)CA Business & Professions Code § 7044(b)(2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale.

Section § 7044.01

Explanation

This statute allows various parties, like licensed contractors or district attorneys, to take legal action to stop an unlicensed owner-builder from breaking construction laws. They can seek a court order to prevent these violations without having to prove that the harm is severe. If the person or group suing wins, they get their legal fees paid for. Likewise, if the owner-builder wins, they can also get their legal expenses covered.

In addition to all other remedies, any licensed contractor or association of contractors, labor organization, consumer affected by the violation, district attorney, or the Attorney General shall be entitled to seek injunctive relief prohibiting any violation of this chapter by an owner-builder who is neither licensed nor exempted from licensure under this chapter. The plaintiff in that action shall not be required to prove irreparable injury and shall be entitled to attorney’s fees and all costs incurred in the prosecution of the action, provided the plaintiff is the prevailing party. The defendant in that action shall be entitled to attorney’s fees and all costs incurred in the defense against the action, provided the defendant is the prevailing party.

Section § 7044.1

Explanation
This law says real estate agents who are doing their normal job under the Real Estate Law aren't covered by this chapter. However, they can't do contracting work unless they have a contractor's license.
This chapter does not apply to a real estate licensee acting within the course and scope of his or her license pursuant to the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4). However, nothing in this section shall authorize a real estate licensee or a property manager to act in the capacity of a contractor unless licensed by the board.

Section § 7044.2

Explanation

This law states that the rules in this chapter don’t apply to a surety insurer if they hire a contractor to finish a construction project where they issued a bond guaranteeing the work. However, all the construction work must be done by properly licensed contractors.

This chapter does not apply to an admitted surety insurer whenever that surety insurer engages a contractor to undertake the completion of a contract on which a performance or completion bond was issued by the surety insurer, provided all actual construction work is performed by duly licensed contractors.

Section § 7045

Explanation

This rule says that the regulations in this chapter don't cover the sale or installation of products that aren't permanently part of a building, like things you can take out easily. It also doesn't apply to suppliers or manufacturers who provide those products without installing them. However, it does apply if you're installing home improvement goods. Plus, "finished products" doesn't mean installed carpets or mobile homes and their parts.

This chapter does not apply to the sale or installation of any finished products, materials, or articles of merchandise that do not become a fixed part of the structure, nor shall it apply to a material supplier or manufacturer furnishing finished products, materials, or articles of merchandise who does not install or contract for the installation of those items. The term “finished products” shall not include installed carpets or mobilehomes or mobilehome accessory structures, as defined in Section 7026.2.
This chapter shall apply to the installation of home improvement goods, as defined in Section 7151.

Section § 7046

Explanation

This law section says that the rules in this chapter don't cover work done on personal property. However, things like mobilehomes or their accessory structures aren't considered personal property for this purpose.

This chapter does not apply to any construction, alteration, improvement, or repair of personal property. The term “personal property” shall not include mobilehomes or mobilehome accessory structures as defined in Section 7026.2.

Section § 7048

Explanation

This law says that if a job has a total cost of less than $1,000 and doesn't need a building permit, it is considered minor and doesn't have to follow the rules in this chapter. However, this exception doesn't apply if this minor job is part of a bigger project meant to avoid regulations or if someone acts as a contractor by advertising or hiring others to help with the work.

(a)CA Business & Professions Code § 7048(a) This chapter does not apply to a work or operation on one undertaking or project by one or more contracts, if the aggregate contract price for labor, materials, and all other items, is less than one thousand dollars ($1,000) that work or operation being considered of casual, minor, or inconsequential nature, and the work or operation does not require a building permit.
(b)CA Business & Professions Code § 7048(b) This section does not apply in a case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars ($1,000) for the purpose of evasion of this chapter or otherwise.
(c)CA Business & Professions Code § 7048(c) This section does not apply to a person who does either of the following:
(1)CA Business & Professions Code § 7048(c)(1) Advertises or puts out a sign or card or other device that might indicate to the public that the person is a contractor or that the person is qualified to engage in the business of a contractor.
(2)CA Business & Professions Code § 7048(c)(2) Employs another person to perform, or assist in performing, the work or operation.

Section § 7049

Explanation

This law says that certain types of construction, like building and fixing irrigation ditches in certain districts and tasks related to farming and fire prevention in rural areas, don't require following this chapter's rules unless done by a licensed contractor. However, if the work involves drilling or fixing water wells, the chapter's rules must be followed.

This chapter does not apply to any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising, or clearing or other work upon the land in rural districts for fire prevention purposes, except when performed by a licensee under this chapter.
The provisions of this chapter do apply to the business of drilling digging, boring, or otherwise constructing, deepening, repairing, reperforating, or abandoning water wells.

Section § 7051

Explanation

This law section states that certain professionals, like licensed architects, civil or professional engineers, pest control operators, and those working under the Geologist and Geophysicist Act, are exempt from the rules of this chapter when they are doing their specific jobs.

This chapter does not apply to a licensed architect or a registered civil or professional engineer acting solely in his or her professional capacity or to a licensed structural pest control operator acting within the scope of his or her license or a licensee operating within the scope of the Geologist and Geophysicist Act.

Section § 7052

Explanation

If someone is only supplying materials or goods and not altering them or using them in the contractor's work, this part of the law doesn't apply to them.

This chapter does not apply to any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor.

Section § 7053

Explanation

This law doesn't cover people who only work as employees receiving wages, aren't running their own business, and don't get to decide how to do their work or the end results. This means if you're simply a wage-earning employee without control over your tasks, this chapter doesn't apply to you.

Except as provided in Article 10 (commencing with Section 7150), this chapter does not apply to any person who engages in the activities herein regulated as an employee who receives wages as his or her sole compensation, does not customarily engage in an independently established business, and does not have the right to control or discretion as to the manner of performance so as to determine the final results of the work performed.

Section § 7054

Explanation

This law states that certain regulations don't apply to people working with alarm systems if they are licensed as alarm company operators according to specific regulations.

This chapter does not apply to any person who performs work in the installation, maintenance, monitoring, selling, alteration, or servicing of alarm systems, as defined in Section 7590.1, and who holds an alarm company operator’s license issued pursuant to Chapter 11.6 (commencing with Section 7590).

Section § 7054.5

Explanation
If you're registered under a specific chapter and only install satellite dishes on homes, you don't need a special license for that work.
The licensing provisions of this chapter do not apply to any person registered under Chapter 20 (commencing with Section 9800) if that person’s activities consist only of installing satellite antenna systems on residential structures or property.