Business & Professions Code 7028.1 BPC

BPC 7028.1 – Engaging in Asbestos Underground Tank Work without Certification

BPC 7028.1 - Engaging in Asbestos Underground Tank Work without Certification

Engaging in Asbestos Underground Tank Work without Certification – Table of Contents

BPC 7028.1 – Overview

It is unlawful for any contract or subtractor, licensed or not to provide asbestos related work without certification; engage in the removal or remedial action of asbestos without certification; or bid for the installation, removal of an underground storage tank without certification.

What is the definition of a contractor under Business and Professions Code 7028.1 BPC?

The State of California requires that anyone doing business as a contractor be licensed by the Contractors State License Board (CSLB). Under the CSLB a contractor is any person who offers, accept, author, pitch or submit a bid, by themselves or as subcontractor in connection with any project or development to: construct, alter, repair enhance, detract, improve, transport, demolish any building, highway, road, parking facility, railroad, excavation, any structure, scaffolding, improvement in connection with any project or development; or having capacity to clean: the grounds, preparation of removal of construction zones, lane closures, flagging, traffic diversion, installation, repair, maintenance; or in calibration of: monitoring equipment for underground storage tanks; fabrication into: any structure project, development, or improvement described as merchandise.

What is Asbestos as described under Business and Professions Code 7028.1 BPC?

Asbestos is a mineral that is resistant to heat, electricity, and corrosion. It is used as an insulator that is highly toxic to human exposed to it. It was widely used in construction, but later found that when its dust particles are inhaled or ingested to does not get exhausted or exhaled as carbon dioxide back into the environment but rather stays permanently trapped into the body causing inflammation, scarring and degrative effects to tissue inside the body. One of the main detractors against its use was its correlations to genetic defects, an aggressive cancer called mesothelioma, and a lung disease called asbestosis.

What is the definition of Asbestos related work under Business and Professions Code 7028.1 BPC?

Asbestos related work is all activity that: utilizes asbestos containing construction materials; or that my release asbestos fibers into the air that is not related to construction or a manufacturing process; the mining or excavation of asbestos mineral ores; or the installation of repair of automotive materials containing asbestos.

What kind of certification is required of Asbestos related work under Business and Professions Code 7028.1 BPC?

Asbestos related material is all material containing 1/10th of 1% of Asbestos material by weight. The CSLB requires a C-22 abatement contractor’s license in order to do more than 100 square feet of Asbestos related work. The applicant of the license must meet the standards set in an application filed with the Division of Occupational Safety and Health (DOSH) of the Department of Industrial Relations. Once licensed with DOSH, the applicant has 90 days to apply for the C-22 abetment license.

What is the removal or remedial action of Asbestos under Business and Professions Code 7028.1 BPC?

Asbestos abatement and removal or remedial actions are two distinct acts. Abatement is the process of containing the issues of asbestos contamination before it further spreads by sealing off the area of the building; hanging sheets of polyethylene and sealing it with polyethylene tape; cleaning all surfaces after containment. Removal or remedial actions are the methods used to specifically address the issue of contamination after abatement, such as: turning all equipment off and sealing vents to prevent further circulation of asbestos fibers; using HEPA vacuums and other cleaning tools clean the workspace; using DOSH approved leak-tight containers to seal cleaned equipment from further contamination; while disposing all carcinogenic materials, including equipment that is not capable of proper sanitization. All removal or remedial actions require passing the hazardous substance certification examination set by the CSLB.

What is the definition of an underground tank under Business and Professions Code 7028.1 BPC?

An underground tank (UST) is any tank holding hazardous material, uses and wastes. Specifically, it is an underground storage tank, connected to piping, ancillary equipment, and containment systems, associated with the confinement of Asbestos related waste, products, fibers, ores, and byproducts. A license is required if the total cost of the work exceeds $300 dollars. Under CSLB guidelines contractors must hold one of the following classification licenses to remove USTs: General Engineering Contractor License (A); General Buidling Contractor License (B); Plumbing Contractor (C-36); Limited Specialty Contractor (C-61-D-40). To perform complete UST work, the UST must utilize an interior Cathodic protective lining system to coat the UST, and a bladder must be installed to mitigate seepage.

What is the mental state required for a violation of Business and Professions Code 7028.1 BPC?

The mental states required for a violation of Business and Professions Code 7027.3 BPC is willfully and intentionally. Willful is the conscious desire to complete an act on purpose without the regard of knowledge to its ability to create substantial injury to others; and reasonably understanding the circumstances that might result. Intentional is the conscious desire to complete an act on purpose, without the need to understand its unlawful character; with the reasonable understanding of the circumstances that might result.iv as applied to Business and Professions Code 7028.1, the State must prove beyond a reasonable doubt that, the accused is either: a contractor or subcontractor licensed under the CSLB; or one purporting to be a contractor or subcontractor licensed under the CSLB but consciously knew of their classification; or not a contractor, subcontractor or one purporting to be a contractor or subcontractor licensed under the CSLB and consciously knew of their classification; and was consciously aware that they neither had approval, the license, or filed an application to be considered to: provide asbestos related work; to engage in the removal or remedial action of asbestos; to bid for the installation, removal of an underground storage tank; but consciously desired to achieve these acts to for compensation, or consideration; and was reasonably aware to the circumstances that might result.

BPC 7028.1 – Sentencing

A violation of Business and Professions Code 7028.1 BPC is punishable as an infraction or misdemeanor. As a first offense, the penalty is fines range between $1,000 to $3,000 dollars, with the possible suspension or revocation of the license by the CLSB. A subsequent conviction has a penalty of confinement not exceeding 1 year in jail, and fines ranging from $3,000 to $5,000 dollars, with the possible suspension or revocation of the license by the CLSB.

What is example of a violation of Business and Professions Code 7028.1 BPC?

1.Josey just finished a YouTube course of HVAC maintenance. His friend Bill asked him to clean out his commercial HVAC units that were installed in 1962 from his newly acquired commercial kitchen. Josey would be saving a lot of money if Bill would do the job; and Bill would earn a pretty penny. Josey went to a nearby home improvement store and hired standby workers. Josey and his crew were in the process of remove parts of the mental piping of the HVAC unit and notice there was an underground pipe that was connected to the HVAC unit cased in cement. During this process, a corroded liquids started oozing out from the pipes, while a clear gaseous substance was emitting from the ground into the air. Josey and Bill asked the workers to stay for more money, some of the works fled the work site. A week later a few of the workers called Bill to notify them that they are sick. A few went to the doctor for a physical and found out they have melanoma. The families of the workers called the police. After an investigation, and determination that neither Bill nor Josey had a license, they both were arrested.

BPC 7028.1 – Defenses

  • 1.Non classification of work
  • a.The work achieved or contracted was not of the classification of asbestos work requiring a license
  • b.The work did not involve a UST
  • c.The work was not defined as a remedial, abatement act under the EPA, DOSH, or the CSLB.
  • 2.Intervening Acts or Natural Disasters that were either prior to or subsequent to a violation that exacerbated an unforeseeable risk, circumstance, or result.
  • 3.The product involved enough Asbestos 1/10th 1% by weight to fall under the statute.

Engaging in Asbestos Underground Tank Work without Certification – Hire Us

If you are charged with a violation of Business and Professions Code 7028.1 BPC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.

Need a Criminal Defense Attorney? CALL NOW: 310-274-6529

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