By Shauna Krause, President, Capitol Services, Inc.
When can a Qualifier be in two ‘places’ at once? Let’s ‘count the ways’ I can assist a Canadian contractor inquiry. First, you can drop it off, but you need a license for anything else…
Q: I want to start a window frame/screening business, but I'm not a general contractor, nor do I have the 4 years of experience to acquire a license. My question is, if I simply go to a customer’s house to take measurements of the windows, build the window OFF-site, and deliver them to the home, would that require a license or not? Additionally, if I were to offer installation, could I refer the client to someone to do the install? Or would the client need to do that separately?
A: Thank you for contacting Capitol Services. You do not need a contractor's license to take measurements, manufacture, and deliver the windows. You cannot contract for the installation or offer installation services without a contractor's license though. You can recommend a certain licensed contractor for your customers to contact for the installation, but the customer would need to contract directly with the licensed person/company for the installation.
Q: In reading through your previous Q&A’s, I saw that the CSLB will allow two related entities to use the same Qualifying Individual if the majority of the personnel are the same between the two licenses. How does the CSLB define “majority” of personnel?
A: The CSLB defines majority as 51% common personnel. Personnel are the individuals/entities that are listed with the CA Secretary of State and the licensing board as Officers (if a corporation) or Members/Managers (if an LLC). Therefore, if at least 51% of the Officers/Members/Managers are the same, the two entities are permitted to share a Qualifying Individual.
Q: We are a Canadian company and we do highly specialized work. We haven’t even been required to have a contractor’s license in the past when we send people to CA to do work. However, recently we had one of our customers tell us that we needed to look into obtaining a contractor’s license and operating without one is risky.
We contacted the CSLB to inquire about the type of license we would require and they had us get in touch with the classification deputy, who suggested we would require an “A” (General Engineering) license. We’ve read the description of an “A” contractor and we do not believe that fits at all with what we do. Nor do we have anyone on staff that has experience doing the work described in the CSLB’s General Engineering definition or anyone who would likely be able to pass that exam. After reviewing all of the classifications, the only classification that seems to be relevant to us would be the “C-61”/“D64” Non-Specialized category. How do we go about obtaining that license?
A: First of all, if you were in touch with the classification deputy at the CSLB, he knows his stuff and is in charge of determining and placing applicants in the appropriate classification if there is any question or the work is highly specialized. However, anyone can apply for the “C-61”/“D64”. When an applicant submits an application for a “D64” license, the CSLB requires that they answer four questions: 1. What are you performing, installing, replacing, and/or repairing? 2. How is it being performed, installed, replaced, and/or repaired? 3. What materials, tools, and/or equipment are being used? 4. What does the contract say you will do for the customer? What is the scope of work to be performed?
Based on your responses to these four questions, the CSLB will determine what classification you fit in to. If it’s the “D64”, they will give it a specific title relevant to the work being performed.
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While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email info@cutredtape.com, or write us at Capitol Services, Inc., 3609 Bradshaw Rd, Ste H, #343, Sacramento, CA 95827. Search past columns at www.cutredtape.com