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California Spa and Pool Industry Education Council
Protecting Pool Owners and Professionals Since 1973

CELEBRATING 36 YEARS OF UNEQUALED SERVICE TO
CALIFORNIA'S SWIMMING POOL & SPA INDUSTRY!

    The California Spa and Pool Industry Education Council (SPEC), is a statewide umbrella non-profit trade association.  SPEC promotes the industry while it educates the spa and swimming pool-owning public, local and state regulatory and legislative bodies on critical issues such as the following:

    Every local, regional and national pool and spa trade association active in California has an official representative serving on SPEC's Board of Governors. This guarantees the widest possible industry base for SPEC's governmental education policies and industry "protect" programs.  Membership dues and voluntary contributions provide the necessary financial support for the association's operations.

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SPEC FOCUSES ON UNLICENSED CONTRACTORS

        Reacting to the present state-wide epidemic of illegal pool contractors, SPEC’s Legislative Committee met recently in Sacramento to consider changes in laws needed to provide more enforcement tools.  Participating in the day-long committee meeting was David Fogt, Chief, Contractors State License Board’s (CSLB) Enforcement Division. 

        Among legislation which will be actively supported by SPEC this year is a bill to impose fines for unlicensed contractors who offer  to perform work requiring a license after a second conviction.  Presently state law only makes it a misdemeanor with fines of 20 percent of the value of the work or $4,500, whichever is greater.  This measure would impose the penalty if unlicensed persons performs or offers to perform such work.  The legislation will also impose penalties on a repeat offender who had been named on a revoked license and who was responsible for the act or omission that resulted in the original revocation.

        Another measure will hold a licensed contractor responsible for any financial injury to consumers caused by an unlicensed contractor who had given an unlicensed person permission to use the license.   Cases of such “lending” of contractor’s licenses to unlicensed persons for fees are occurring more and more frequently.  While this is illegal, the licensed contractor cannot now be held financially responsible for the illegal contractor’s actions.  This bill will add the financial responsibility penalty to the present “aiding and abetting an unlicensed contractor” penalties that result from such activity.

        To date few bills relating to home improvement contractors have been introduced this session.  This is not unusual, however, given that legislators customarily introduce controversial measures at the introductory deadline later in the year.  SPEC anticipates that a number of hostile measures will be introduced before the deadline and is watching introductions daily. 

        On the regulatory front, SPEC, the CSLB and the California Building Officials (CALBO) are working on a joint program to alert consumers to their legal liabilities as employers should they hire unlicensed contractors to build their swimming pools.  Insurance companies are also being asked to alert their homeowner insurance policyholders with billing envelope inserts that workers’ compensation coverage is not included under their policies.  A pool construction worker injured or killed on an unlicensed contractor’s job is a legal liability of the homeowner.  Most consumers are unaware that the “savings” they think they will have using an unlicensed contractor could cost them their homes and a good deal more.  CALBO is also preparing such warnings which will be given to all owner-builder permit applicants.

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