7028.1 BP PC - Asbestos/Underground Tank Work without Certification

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1. What is Asbestos/Underground Tank Work without Certification?

Business and Professions Code 7028.1 BP is a California law that makes it illegal for a contractor to perform asbestos-related work or install/remove an underground storage tank without the proper certification. This law is designed to protect public health and safety, as asbestos work and handling underground storage tanks can be hazardous if not performed by certified professionals.

Understanding Business and Professions Code 7028.1 BP

According to this law, a contractor must have specific certification to:

Perform Asbestos-Related Work: Asbestos is a hazardous material, and working with it requires specialized training and certification to prevent health risks, such as asbestos exposure.
Install or Remove Underground Storage Tanks: These tanks often contain hazardous materials like fuel, chemicals, or waste. Proper certification ensures that the work is done safely and according to environmental regulations.

Why Business and Professions Code 7028.1 BP Matters

The law is in place to ensure that contractors handling asbestos or underground storage tanks are qualified and certified, reducing the risk of environmental damage, health hazards, and accidents. Certification ensures that the work complies with safety standards and regulations, protecting workers, clients, and the general public.

If you’re facing charges under Business and Professions Code 7028.1 BP, the consequences can be severe, including fines, jail time, and damage to your professional reputation. At Grace Legal Group, our experienced criminal defense attorneys can help build a strong defense, challenge the evidence against you, and work toward the best possible outcome.

7028.1 BP Law Reads As Followed:

7028.1. It is a misdemeanor for any contractor, whether licensed or unlicensed, to perform or engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, without certification pursuant to Section 7058.5 of this code, or to perform or engage in a removal or remedial action, as defined in subdivision (d) of Section 7058.7, or, unless otherwise exempted by this chapter, to bid for the installation or removal of, or to install or remove, an underground storage tank, without certification pursuant to Section 7058.7. A contractor in violation of this section is subject to one of the following penalties:

(a) Conviction of a first offense is punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000), and by possible revocation or suspension of any contractor’s license.

(b) Conviction of a subsequent offense requires a fine of not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one year, or both the fine and imprisonment, and a mandatory action to suspend or revoke any contractor’s license.

2. What Are Examples of 7028.1 BP?

Business and Professions Code 7028.1 BP makes it illegal for contractors to perform asbestos-related work or engage in the installation or removal of underground storage tanks without proper certification. To better understand how someone might violate this law, here are some real-world examples that illustrate different scenarios under which a contractor could face charges:

Example 1: Performing Asbestos Removal without Certification

Scenario: John is a general contractor who receives a job to renovate an old commercial building. During the renovation, he discovers that the building contains asbestos in the insulation. Instead of hiring a certified asbestos removal specialist, John decides to remove the asbestos himself to save money.

Violation: John is guilty of violating Business and Professions Code 7028.1 BP because he performed asbestos-related work without the necessary certification. Even though he may be skilled in general construction, handling asbestos requires specialized training and certification due to the health hazards involved.

Example 2: Bidding on an Underground Storage Tank Removal without Certification

Scenario: Maria owns a contracting business and submits a bid to remove an underground fuel storage tank at a gas station. Although Maria is licensed as a contractor, she does not have the specific certification required for handling underground storage tanks.

Violation: By bidding on a project involving the removal of an underground storage tank without certification, Maria is violating Business and Professions Code 7028.1 BP. It’s illegal for contractors to bid on such jobs without the proper credentials, regardless of whether they eventually win the contract.

Example 3: Unlicensed Contractor Performing Asbestos Abatement

Scenario: James is an unlicensed handyman who agrees to take on a job removing asbestos-containing tiles from a client’s home. He has no formal training or certification in handling asbestos but assures the client that he can do the job safely and at a lower cost than a certified contractor.

Violation: James is not only working without a contractor’s license but also violating BP 7028.1 by performing asbestos-related work without certification. Asbestos removal is highly regulated to protect health and safety, and unlicensed contractors cannot legally handle such hazardous materials.

Example 4: Installing an Underground Storage Tank without Certification

Scenario: A construction company owned by Sarah is hired to install a new underground storage tank at a factory. While Sarah’s company is licensed for general construction, they lack the specific certification for underground storage tank installation. They proceed with the installation anyway.

Violation: By installing the underground storage tank without proper certification, Sarah’s company violates Business and Professions Code 7028.1 BP. Even licensed contractors must obtain the required certifications for specialized work like handling underground storage tanks.

Example 5: Repeat Violation of Asbestos-Related Work without Certification

Scenario: Tom, a contractor, was previously fined for performing asbestos abatement without certification. Despite this, he takes on another job to remove asbestos from a residential building without getting certified.

Violation: Since this is Tom’s second offense, he faces more severe penalties, including a higher fine (between $3,000 and $5,000) and up to one year in county jail. His contractor’s license is also subject to mandatory suspension or revocation.

Certification Is Mandatory: Whether it’s asbestos removal or handling underground storage tanks, contractors must have the appropriate certification to perform or bid on such work.
Licensed and Unlicensed Contractors: Both licensed and unlicensed contractors can be charged under BP 7028.1 if they engage in these specialized jobs without proper credentials.
Repeat Offenses Are Serious: A second or subsequent violation of this law results in harsher penalties, including higher fines, potential jail time, and mandatory suspension or revocation of the contractor’s license.

Violating Business and Professions Code 7028.1 BP can have serious legal and financial consequences. These examples show that whether you’re a licensed contractor stepping outside your certification or an unlicensed individual taking on hazardous work, the penalties for non-compliance are steep. If you’re facing charges under BP 7028.1, it’s essential to seek legal guidance from an experienced attorney. Grace Legal Group is here to provide expert defense and help you navigate the complexities of your case.

3. What are the Common Defenses Against 7028.1 BP?

If you’re facing charges under Business and Professions Code 7028.1 BP for performing asbestos-related work or installing/removing underground storage tanks without proper certification, the consequences can be severe. However, there are several effective defenses that can help reduce or even dismiss these charges. Here are the most common defenses against violating BP 7028.1:

1. You Were Not Acting as a Contractor

Explanation: Business and Professions Code 7028.1 BP specifically applies to contractors performing asbestos or underground tank work without certification. If you were not acting as a contractor in the situation, this defense can help dismiss the charges.
Example: You were an employee working under a certified contractor’s supervision, not independently performing the work. In such a case, you would not be liable under BP 7028.1 because the responsibility lies with the contractor employing you.

How This Defense Works: Your attorney can gather evidence showing you were not acting as an independent contractor or that you were not in charge of the project, making you exempt from this law’s requirements.

2. You Were Falsely Accused

Explanation: It is not uncommon for individuals to be falsely accused of violating BP 7028.1, often due to misunderstandings, jealousy, or disputes with clients or competitors.
Example: A competing contractor falsely reported you to the authorities for performing asbestos-related work without certification to harm your reputation or gain an advantage in the industry.

How This Defense Works: Your attorney can investigate the situation, gather witness statements, and provide evidence that disproves the accusations, showing that you were wrongfully accused.

3. You Were Not Involved in Asbestos or Underground Tank Work

Explanation: To be charged under BP 7028.1, you must be involved in asbestos-related work or underground storage tank installation/removal. If you can prove you were not engaged in this specific type of work, you cannot be found guilty.
Example: You were hired for a general construction project but had no involvement in asbestos removal or underground storage tank handling. Even if asbestos or tanks were present, you never engaged in that aspect of the work.

How This Defense Works: Evidence such as contracts, job descriptions, or testimonies from coworkers can demonstrate that your role did not include asbestos or underground storage tank work, proving you did not violate BP 7028.1.

4. You Possessed the Proper Certification

Explanation: The charges may be based on an assumption that you lacked certification when, in fact, you were properly certified to handle asbestos-related work or underground storage tanks.
Example: The authorities mistakenly believed your certification was expired or invalid, but you have valid, up-to-date certification documents showing you were authorized to perform the work.

How This Defense Works: Providing proof of your certification to the court can show that you complied with the law, leading to a dismissal of the charges.

5. The Work Fell Under an Exemption

Explanation: In certain cases, there may be exemptions under the law that allow work involving asbestos or underground storage tanks without certification.
Example: You performed minor maintenance work that did not require certification or worked on a project that fell within an exemption as outlined in the relevant statutes.

How This Defense Works: Your attorney can review the specifics of your case to determine if any exemptions apply and present this information to the court as a valid defense.

6. Coerced or Involuntary Confession

Explanation: If law enforcement coerced you into admitting that you violated BP 7028.1 BP, your confession might be considered invalid and inadmissible in court.
Example: During questioning, police officers threatened or pressured you into confessing that you performed asbestos-related work without certification, even though you did not.

How This Defense Works: Your attorney can argue that your confession was coerced, which may lead to the exclusion of the confession from evidence, potentially weakening the prosecution’s case against you.

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4. What are The Penalties for Violating 7028.1 BP?

Violating Business and Professions Code 7028.1 BP, which makes it illegal for a contractor to perform asbestos-related work or install/remove underground storage tanks without proper certification, is a serious offense in California. This law is in place to protect public health and safety, given the risks associated with asbestos exposure and the handling of hazardous materials in underground storage tanks. Here’s an in-depth look at the penalties for violating BP 7028.1.

Understanding the Violation

Under Business and Professions Code 7028.1 BP, a contractor who either performs asbestos-related work or engages in installing/removing underground storage tanks without certification can face significant penalties. These penalties vary based on whether it is a first-time or repeat offense.

Penalties for Violating 7028.1 BP

1. First-Time Offense

If you are convicted of violating Business and Professions Code 7028.1 BP for the first time, the penalties include:

Fines: A fine ranging from $1,000 to $3,000
License Consequences: The court may choose to suspend or revoke your contractor’s license, which could prevent you from legally performing contracting work in the future.

Example: If a contractor is caught performing asbestos removal without certification for the first time, they could face a minimum fine of $1,000 and the potential suspension of their contractor’s license.

2. Second or Subsequent Offense

If you are convicted of a second or subsequent violation of BP 7028.1, the penalties are more severe:

Fines: A fine ranging from $3,000 to $5,000
Imprisonment: Up to 1 year in county jail
Combination of Fines and Imprisonment: The court may impose both a fine and jail time for repeat offenders.
Mandatory License Revocation: A mandatory action to suspend or revoke your contractor’s license.

Example: If a contractor who was previously fined for performing underground tank removal without certification is caught again, they could face a $5,000 fine, up to 1 year in jail, and have their license permanently revoked.

Additional Consequences

Impact on Employment and Future Contracting Work
- A conviction under Business and Professions Code 7028.1 BP can have a lasting impact on your ability to work as a contractor. Losing your contractor’s license means you cannot legally operate in the industry, and having a criminal record may make it challenging to secure future employment or projects.
Damage to Professional Reputation
- Being convicted of violating BP 7028.1 can damage your professional reputation, leading to a loss of clients, business opportunities, and trust within the industry.
Civil Liability
- In some cases, contractors who perform asbestos or underground tank work without certification may face civil lawsuits from clients or individuals who were harmed due to their actions. This could result in additional financial liabilities beyond the criminal penalties.

Probation in Lieu of Jail Time

In certain situations, a judge may grant summary (misdemeanor) probation instead of jail time for first-time or even some repeat offenders. If placed on probation, you may be required to:

Pay fines
Perform community service
Attend training or education courses related to asbestos or underground storage tank work
Adhere to specific conditions, such as avoiding further violations

Defending Against 7028.1 BP Charges

While the penalties for violating Business and Professions Code 7028.1 BP are severe, you have the right to defend yourself against these charges. Common defenses include proving that you were not acting as a contractor, that you were falsely accused, or that you were properly certified at the time of the work.

5. What are the Related Offenses To 7028.1 BP?

While Business and Professions Code 7028.1 BP specifically deals with contractors performing asbestos-related work or installing/removing underground storage tanks without certification, there are several other related offenses in California law that contractors should be aware of. These offenses also carry significant penalties and may be charged alongside or instead of a violation of BP 7028.1. Here’s an overview of the most common related offenses:

1. Business and Professions Code 7028 BP – Contracting Without a License

Overview: Business and Professions Code 7028 BP makes it illegal for any individual or business to operate as a contractor without a valid license from the Contractors State License Board (CSLB). This includes performing construction work or offering contracting services without proper licensing.
Penalties:
- First Offense: Up to 6 months in county jail and/or a fine of up to $5,000
- Second or Subsequent Offense: Increased fines, potential jail time, and possible suspension or revocation of any future licensing.
Relation to 7028.1 BP: Contractors who violate 7028.1 BP by performing asbestos or underground tank work without certification are often also found to be working without the necessary contractor’s license, making them liable for charges under both BP 7028 and BP 7028.1.

2. Business and Professions Code 7027.3 BP – Fraudulent Use of a Contractor’s License Number

Overview: Business and Professions Code 7027.3 BP makes it a crime to willfully and intentionally use another contractor’s license number with the intent to defraud. This includes falsely presenting oneself as a licensed contractor by using someone else’s license number.
Penalties:
- Misdemeanor Charge: Up to 1 year in county jail
- Felony Charge: 16 months, 2 years, or 3 years in state prison
Relation to 7028.1 BP: A contractor who engages in asbestos or underground tank work without certification might also be using another contractor’s license number fraudulently to give the appearance of legitimacy, making them liable for both offenses.

3. Business and Professions Code 17500 BP – False Advertising

Overview: Business and Professions Code 17500 BP prohibits any person or company from engaging in false or misleading advertising. This includes making false claims about having the necessary licenses, certifications, or qualifications to perform certain types of work, such as asbestos removal or underground tank installation.
Penalties:
- Up to 6 months in county jail and/or a fine of up to $2,500
Relation to 7028.1 BP: Contractors who advertise asbestos-related work or underground tank services without certification are in violation of BP 17500. They may face charges for false advertising in addition to charges under BP 7028.1.

4. Health and Safety Code 25910 – Asbestos Regulations Violations

Overview: Health and Safety Code 25910 specifically regulates asbestos-related activities to protect public health. It mandates that anyone involved in the removal, handling, or disposal of asbestos must follow strict safety protocols and be certified.
Penalties: Violating asbestos regulations can result in civil penalties, fines, and administrative action against the individual or business responsible.
Relation to 7028.1 BP: Contractors performing asbestos work without certification may also face charges under Health and Safety Code 25910 for failing to adhere to the required safety protocols.

5. Penal Code 487 PC – Grand Theft

Overview: Penal Code 487 PC defines grand theft as unlawfully taking property valued at over $950. While not directly related to contractor licensing, grand theft charges can arise if a contractor takes money for asbestos or underground tank work without proper certification and fails to complete the work or provides substandard services.
Penalties:
- As a wobbler offense, grand theft can be charged as a misdemeanor (up to 1 year in jail) or a felony (16 months, 2 years, or 3 years in prison).
Relation to 7028.1 BP: If a contractor collects payment for asbestos or underground tank work without certification and does not deliver the service or performs it inadequately, they could be charged with grand theft in addition to violating BP 7028.1.

6. Penal Code 532 PC – Obtaining Money by False Pretenses

Overview: Penal Code 532 PC makes it a crime to deceive or trick someone into giving up their money or property. If a contractor falsely claims to be certified to handle asbestos or underground storage tanks and collects payment for such work, they could be charged with obtaining money by false pretenses.
Penalties:
- The penalties for this offense vary based on the amount obtained and can include fines, jail time, or imprisonment in state prison.
Relation to 7028.1 BP: Misrepresenting your certification status to secure work and payment falls under this offense, making you liable for both BP 7028.1 and Penal Code 532 violations.

Key Takeaways

Multiple Charges: A contractor caught violating BP 7028.1 by performing asbestos or underground tank work without certification may face multiple related charges, including contracting without a license, fraudulent use of a contractor’s license number, false advertising, and violations of asbestos safety regulations.
Severe Penalties: The penalties for these related offenses can include substantial fines, imprisonment, loss of licensing, and a permanent criminal record.
Protect Your Rights: If you are facing charges under BP 7028.1 or any related offenses, it’s crucial to seek experienced legal representation to protect your rights, navigate the complexities of the law, and build a strong defense.

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