News Briefs
Pest Control Operators of California
October 2012
This is not an article against borrowing money. Small business loans are the life blood of our economy and are essential for the continued thriving of the largest sector of our economy. Small business owners need the flexibility to be able to borrow in times of need or in times of expansion.
Did you know that the state has had an orgy of borrowing money through bonded indebtedness for decades? California voters, indeed, have been asked by the legislature to approve bonds almost every year. Voters have approved bonds for stem cell research, to cover budget deficits, to build highways and to build the bullet train.
Take schools, for instance – statewide bond issues are approved to fund expansion and rehab for local schools, colleges and state universities. Voters have, in fact, approved 21 of 24 state school bond issues since 1949.
Bond issues for all sorts of projects have given California one of the nation's highest ratios of indebtedness – twice the national average. Debt service – repaying principal and interest on outstanding bonds – will cost the state's general fund $5.25 billion during the current fiscal year. This is money that the state just cannot afford...and yet borrowing continues. When will reality hit? What does it take for the political will to stop borrowing to rise up?
If you or I were to ignore our financial situation like the state is doing, where would be? Bankrupt, is the answer.
Back in the August 2012 PCOC News Briefs, I wrote about the possible change in Pesticide Use Reporting. Previously, Enforcement Letter 90-13 required companies to only supply the number of applications for Restricted Use Pesticides and Category 1 Pesticides. The California Department of Pesticide Regulations has issued a new enforcement letter (ENF 12-18), switching the law to reflect the original wording in the Structural Pest Control Act 8505.17. This requires all pest companies to report the number of applications for all pesticides used for the month. This new letter rescinds all other enforcement letters to the contrary. The new regulation takes effect Jan. 1, 2013.
ENF 12-18
Sept. 21, 2012 ENF 12-18
TO: County Agricultural Commissioners
SUBJECT: STRUCTURAL PESTICIDE USE REPORT – TOTAL NUMBER OF APPLICATIONS ON MONTHLY SUMMARY
Structural pest control companies are required to submit a monthly summary pesticide use report for applications of registered pesticides to the county agricultural commissioner in which the work is performed.
Effective Jan. 1, 2013 the total number of applications made for each registered pesticide, whether classified as restricted or general use, regardless of signal word (or no signal word), must be reported.
Pesticide application information may be made either on the Monthly Summary Pesticide Use Report (MSPUR) form #DPR-ENF-60 or through the Cal-Ag Permit system for submission to the county agricultural commissioner.
This requirement is in accordance with Business & Professions Code section 8505.17(c) and California Code of Regulations §6627, and supersedes previous instructions in ENF 2000-003, ENF 90-013 and any other previous guidance, which stated that only certain structural use pesticides needed to be reported.
This information will be included in the upcoming Volume 1 of the Pesticide Use Enforcement Program Standards Compendium. Instructions for the MSPUR will be revised to reflect the change.
If you have any questions, please contact the DPR Enforcement Branch Liaison assigned to your county.
Sincerely,
Also, here is the link to a copy on DPR's website:
http://www.cdpr.ca.gov/docs/county/cacltrs/penfltrs/penf2012/2012018.htm
The "instructions" from the back of the Monthly Summary Pesticide Use Report are what both ag & structural are complying with regarding the definition of "application."
In Column D, indicate the total number of applications for each pesticide used during the reporting month. Each separate site (home, apartment complex, building, right-of-way, grain silo, etc.) should be counted as one application. For tank mixes, each represented pesticide should be credited with one application.
Mechanic's Lien California (Senate Bill 189)
A mechanic's lien is a filing, typically allowed by state statute, which secures a contractor's or subcontractor's (laborer, mechanic, artisan, etc.) claim against a property that he has repaired, constructed or improved. It is basically a "hold" against the property which, if unpaid, allows a forced sale of that property (whether a house, a car or other real or personal property). The lien seeks to guarantee payment for the contracted services rendered and remains in effect until such time as the contractor or sometimes sub-contractor is paid in full for his services.
What makes a mechanic's lien appealing to contractors and vendors is that instead of finishing a project and hoping that the property owner is scrupulous, the threat of a mechanic's lien can guarantee payment.
In September 2010, Governor Edmund G. Brown, Jr. signed into law SB 189, which makes a number of significant changes to the laws governing the creation and enforcement of mechanic's liens in California (the "Mechanics Lien Law"). The law also results in new statutes governing stop notices (on both public and private works), payment bonds and related claims.
While SB 189 relocates and renumbers the Mechanics Lien Law, many of the provisions are substantively the same. Among these are two provisions that were modified as part of 2009's A.B. 457 and went into effect in January 2011: a change in the required form of mechanics lien claim and method of service (Civ. Code § 3084) and the new requirement that claimant's record a lis pendens within 20 days after filing an action to foreclose on mechanic's liens (Civ. Code § 3146). Pillsbury alerted clients here in April 2009 to earlier proposed versions of these changes.
The remaining changes took effect on July 1, 2012. The most sweeping change is that all of the statutes making up the Mechanics Lien Law (Civil Code sections 3082 through 3267), including the law governing stop notices and payment bonds, were repealed and replaced with new statutes (Civil Code sections 8000 through 8848 and 9000 to 9566). Lawyers and clients familiar with the old statutory scheme need to retool for the new layout. Despite the statutory upheaval, many of the provisions of the Mechanics Lien Law remained substantively unchanged. The substantive changes that took effect on July 1, 2012 include the following:
Definition of Completion. The deadline for recording a mechanics lien is generally triggered by the "completion" of a work of improvement. Under the old law, acceptance by the owner was one of the things deemed to constitute "completion." Under new section 8180, that is no longer the case. The remainder of circumstances that constitute "completion"—i.e., actual completion of all work on the project, occupation or use coupled with cessation of labor, a cessation of labor for 60 continuous days (or for 30 days after recording of a notice of cessation), acceptance by a public entity—remain unchanged. The former provision for acceptance by a private owner was recommended for deletion by the California Law Revision Commission because it was ambiguous in that it did not identify a particular manner of acceptance or how that acceptance should be communicated to interested parties.
Time for Recording Notice of Completion. Under the old law, owners recorded notices of completion within a window of 10 days after actual completion of the project. Under the new law (section 8182), that time period is extended to 15 days.
Preliminary Notice. Under the old law, a "Preliminary 20-Day Notice" must be served by most types of lien claimants at the outset of their work to preserve their lien claim and payment bond and to stop notice rights. Under the new law, this notice is referred to simply as a "Preliminary Notice." The required language for the Preliminary Notice has been changed. Also, section 8200 eliminates ambiguity in the current law and makes clear that contractors in direct contract with the project owner need only provide a Preliminary Notice to construction lenders and reputed construction lenders, if any.
Waiver and Release of Lien Rights. In order to ensure that a "downstream" subcontractor has validly released its right to assert lien, stop notice or payment bond rights, the old law required that specific waiver and release language be used. Under the new law (sections 8132, et seq.), the required language has been changed slightly; one should be careful to utilize the form current as of the day the release is executed. The form utilized for progress payments (as opposed to final payment) does not cover certain disputed or extra work items, or claims based on breach of contract, so "upstream" parties may want to supplement the statutory form with additional releases.
Release Bond. Under the new law (section 8424), the amount of the bond required to release property from a lien has been reduced from 150 percent to 125 percent of the lien amount.
Attorney's Fees on Petition to Expunge Lien. The new law removed the old $2,000 limit on the amount of attorney's fees that are recoverable on petitions to expunge stale liens; under the new law, all "reasonable" fees will be recoverable to the prevailing party. This will create a stronger incentive for lien claimants who did not foreclose upon their liens to make sure that their liens are formally released. The new law also adds a requirement that an owner must first make a demand that the lien claimant withdraw the lien at least 10 days before initiating a petition to expunge.
2012 PCOC Golf Tournament
SilverRock Resort
La Quinta, CA
2013
Pest Ed South
Quiet Cannon
Pest Ed North
Red Lion Inn
Sacramento, CA
March 22-23
Visit http://www.naylornetwork.com/cpc-nwl/pdf/Endorsed_Programs.pdf to view the full article online.
According to the Bureau of Labor Statistics, fires and explosions accounted for nearly one million lost-time injuries in 2010 and three percent of workplace fatalities in 2011. The checklists in this article can help you start a fire safety program and identify potential problem areas.
Prevention. The best way to fight fire is to prevent it. Safety officers' top priority should be checking the workplace for fire hazards — and educating workers on how to prevent them.
• Check extension cords. Minimize their use, avoid plugging them together and never allow them to run under carpets or anywhere they can be pinched under or behind furniture. Avoid overloading electrical sockets.
• Keep electrical appliances away from anything flammable. Turn them off at the end of each day, particularly appliances in the kitchen or break room.
• Keep exits, stairways and storage areas clear of waste paper, empty boxes and other fire hazards. If recycling or garbage receptacles are overflowing, have your waste removal agency make a collection.
• Designate smoking areas away from combustible items. Where smoking is permitted, provide non-combustible receptacles for cigarette ends, separate from waste containers.
• Prevent arson, the largest single cause of fires in general office buildings. Remove combustible materials that could help vandals set fires and other hazards, such as dry vegetation surrounding the property.
Detection. Statistics show that when fires break out at sites with no fire detection systems, it takes an average of 27 minutes from the start of the fire for firefighters to arrive on the scene. Functioning detection systems reduce that lag to less than 10 minutes, according to CPI Security, a maker of fire detection equipment. That gap often means the difference between a raging inferno that can destroy lives and property and a minor flame-burst that is little more than an inconvenience.
The type of detection system you need depends on your facility and the hazards there. Consult with reputable firms to make sure you have the best system, designed specifically for your facility and its location.
Response. As an employer, your primary responsibility is to protect your employees and others on the premises. A clear plan of action will ensure you and your employees know what to do in case of fire. Many local fire departments will be happy to offer assessments, advice and training.
To create your fire response plan, ask yourself a few questions. What fire and life safety systems are present? Include fire alarm systems, smoke detectors, voice alarm systems, sprinklers, fire extinguishers, manual pull alarms and fire escapes and fire doors.
Next, sketch a plan for each floor or building. Indicate the location of stairs, fire exits, manual pull alarm stations and extinguishing equipment. Post the floor plan(s) throughout the facility and assign a fire marshal to oversee safety and evacuation.
Consider building occupants: your employees and visitors. What language do they speak? Post relevant signs and instructions in those languages. Train employees in the basics of fire safety and evacuation.
Conduct fire drills for all shifts and employees. How long does it take to clear the building? Closely monitor the drills to see that the evacuation goes smoothly and to fix any problems.
For more information on fire safety, please contact the PCOC Insurance Program department of Jenkins Insurance Services at (877) 860-7378.
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www.dfg.ca.gov
Department of Food & Agriculture
www.cdfa.ca.gov
Department of Pesticide Regulation
www.cdpr.ca.gov
Find Your Legislator
www.leginfo.ca.gov/yourleg.html
Healthy Schools Act
www.schoolipm.info
Structural Pest Control Board
www.pestboard.ca.gov
