CONTRACTORS'ST.

Appellant Linda Jones General Builder (Jones) appeals from the denial of her petition for a writ of mandamus (Code Civ. Proc., § 1094.5) by which she sought to set aside the disciplinary action of the Contractors’ State License Board (Board). The disciplinary action was based on the Board’s finding that snow damage to the covered walkway of an Alpine Meadows residence Jones built and subsequently sold was caused in part by the manner in which the walkway was constructed. Jones contends she cannot be disciplined for violating the provisions of Business and Professions Code sections 7109 and 7113 as charged in the accusation because she was the owner of the property during the construction. We agree. We will reverse the judgment.

Factual and Procedural Background

In September 1981, after hiring an architect to draw up plans and specifications, Jones, a licensed contractor, began construction of a single family residence in Tahoe City, California, with the intention of residing there. She lived in the house throughout much of the construction. At some point during this time, Jones decided she did not want to live there. The house was completed on September 24, 1982. On…