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

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	A Farewell From Don Burns
	SPEC Focuses on Unlicensed Contractors

TODAY® INVESTIGATES - Deadly Hazard At Your Local Pool? 
Banned drain covers still used in public pools.
Monday, July 6, 2009

A farewell from Donald carlton Burns

                                                                                                    June 30, 2009

    This is a day that many of us look forward to with mixed emotions.  Tomorrow will be my first day of retirement.

    After some 36 years of representing the California’s swimming pool and spa industry before government at every level in this state, I look back over so many accomplishments and remember the multitude of men and women in this industry without whom there would have been few, if any, victories. 

    I will miss the hurly burly of the Capitol Building, of course.  But mostly I know that it will be you and your colleagues that I will miss the most.  You have made it possible for SPEC, and for me, to protect and advance this business through many hostile challenges.  We became colleagues and friends over the years.

    I cherish you and thank you for the support you have given to one another by joining together to fight for good laws and against ill conceived ones.  For in uniting through SPEC you have made it possible for me to be effective in representing you.  Thank you for your confidence. Thank you for your help.  Thank you so very much for your friendship.

    Tomorrow the work goes on with John Norwood and Peter Conlin at the helm.  They will take SPEC to newer and higher levels of achievement in the years ahead.  Give them the support that you have given me and you will enjoy the protection from wildly unpredictable governments in California.  You will need this effectiveness in the future more than ever.  I am leaving the best – you – in the hands of the best:  John and Peter. 

    For your patience, your tremendous support and for your friendship, I thank you most sincerely.  Thirty-six years with you has passed with extraordinary speed.  Fifty-two years in California’s Capitol as a business advocate…Oh the stories that could be told! 

    A slower pace, less politics. Life is good! 

                                                                                                     God bless,

                                                                                                     Don Burns

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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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