Recently, a fellow resident asked me what steps the Community Development Department takes to protect unsuspecting homeowners from being taken advantage of by trade workers who advertise to perform construction work. His problem began when the resident hired a fence builder to erect a fence around his property. Unbeknownst to the resident this person did not have a contractor’s license.
During the erection of the fence, the fence builder dug a posthole without checking with Underground Service Alert (1-800-227-2600) and ruptured a gas line. PG&E showed up, fixed the gas leak and then handed the resident a whopping bill for the repairs. The unlicensed fence builder was less than willing to help pay the bill.
California State law says anyone who performs work for another for which a contractor’s license is required must be state licensed when the value of the work exceeds $500. I believe the example I cited helps illustrate why. A licensed contractor in this case would probably have known the why and the where to check for underground utilities.
Even if you wanted to build the fence yourself and went to the Community Development Department for advice, you would have been informed to call and make certain you did not disrupt any underground utilities. The City would have also advised you of the necessity of obtaining permits should the fence face a public right-of-way such as a street or park.
The answer to the question of how the City protects residents from unlicensed people in the building trades is simple. To begin with, the Community Development Department goes to great lengths to investigate whether or not your contractor is state licensed by the California Contractors State Licensing Board. That is provided the contractor is the person applying for the permit and not the homeowner.
The City will also verify the status of their license and will make certain the contractor has worker’s compensation insurance. Without worker's compensation insurance you may be sued for injuries on the job and later find out you may not be covered by your homeowner’s public liability insurance, which often does not cover paid workers.
Additionally, if a permit is required, City building inspectors will also come to the job site at key juncture points of construction to make certain the work is progressing in accordance with the standards of the California Building Code.
If the contractor who took out the permit fails to perform the work to the standards of the CBC, then the City will pursue sanctions against that individual through the City Attorney and the Contractor’s Licensing Board. If you the resident obtain the permit without listing a licensed contractor and problems arise, then it will be up to you to resolve them with those you hired to perform the construction.
The aim of the Community Development Department is to make certain the construction is performed properly and that the work meets zoning standards as well as the standards of the California Building Code.
In all, the City has very good safeguards in place to protect the public from unlicensed contractors but it is up to you to take the right first step. First, make sure the individual you are working with is state licensed. You can go to www.cslb.ca.gov to check if your contractor is state licensed.
Second, make certain their name appears on the building permit. If you wish to save some money during the permit process, you as the homeowner can complete the paperwork at the Community Development Department and in the end have your licensed contractor show up to identify themselves as being state licensed and show evidence of having worker’s compensation insurance. The City will do the rest.
I have heard for years that contractors do not like to take jobs in Foster City because the Community Development Department is too tough to work with. I do not believe this because I know many licensed contractors who work in Foster City often and never give it a second thought.
A contractor who is professional and knowledgeable will not have a problem performing their trade in Foster City or anywhere else for that matter. Those that have a problem working with our Community Development Department are typically those who you too may have a problem with.
The purpose of zoning laws and the California Building Code is conformity and public safety. Zoning laws protect us from anyone who wishes to build whatever strikes their fancy and the CBC protect us from faulty construction. Learn to take advantage of the Community Development Department. Our City planners will answer your questions and work with you on the home project you are contemplating. They will explain what the initial requirements will be and explain the systematic process.
Our City planners will also work with your architect and contractor in order to help them understand what will be necessary to complete the building project. The important thing to recognize is to use professionals with knowledge and experience when planning to remodel or improve your home. It is always less expensive to do it right the first time.
Thank you for giving me the opportunity to serve you.
If you have any questions or remarks, please feel free to call me at 650-349-2316 or e-mail me at jkiramis@fostercity.org.
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