California Business and Professions Code 7159.9 – (a) Section 7159 does not apply to the sale, installation, and …
(a) Section 7159 does not apply to the sale, installation, and servicing of a fire alarm sold in conjunction with an alarm system, as defined in Section 7590.1 of the Alarm Company Act (Chapter 11.6 (commencing with Section 7590)), provided the licensee does all of the following:
(1) Complies with the contract requirements set forth in Section 7599.54.
Terms Used In California Business and Professions Code 7159.9
- board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
(2) Complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil Code, as applicable.
(3) Executes the following certification statement in the contract or in a separate certification document signed by all parties to the contract:
“All costs attributable to making the fire alarm system operable for the residence identified by this document, including sale and installation costs, do not exceed five hundred dollars ($500).”
(4) Certifies to the following if the certification statement described in paragraph (3) is in a separate document:
“I certify that all statements and representations made by me in this document are true and accurate.”
(b) The contract or separate certification document shall also include both of the following:
(1) The physical address of the residence for which the certification is applicable.
(2) The name, business address, and license number of the contractor as contained in the official records of the board.
(c) The licensee shall give an exact copy of all documents required pursuant to this section to the party who is contracting to have the alarm system installed.
(d) All documents required pursuant to this section shall be retained by the licensee for a period of five years in accordance with the provisions of Section 7111, and shall be made available to the board within 30 days of a written request.
(e) Failure by the contractor to provide the board with the certification or contract within 30 days of a written request is cause for discipline.
(f) Failure by the licensee to provide the board with the certification or contract within 30 days of a written request creates a presumption that the licensee has violated the provisions of Section 7159, unless evidence to the contrary is presented within the timeframe specified by the board.
(Amended by Stats. 2018, Ch. 406, Sec. 4. (SB 904) Effective January 1, 2019.)