By Shauna Krause, President, Capitol Services, Inc.
If you think the same thing as our Arizona solar contractor about new TPT rules, you could also be stuck between a ‘ROC and a hard place.’ Sometimes vague statutes written into law can be subject to misinterpretation or implications never intended. Time has run out for another contractor, so don’t let this happen to you…
Q: We have several Home Improvement Salespeople (HIS) registered on our license. I am the Responsible Managing Employee (RME) on the license and my boss recently suggested that I should register as a Home Improvement Salesperson since I sell and negotiate products as well. Is this required even though I’m the RME on the license?
A: No, you are not required to register as a Home Improvement Salesperson. The official personnel listed in the CSLB's records for the contractor's license are exempt from the requirement to be registered. This includes individual contractors, Qualifying individuals, Partners, Officers of a corporation, and Responsible Managing Employees (RME’s).
Q: You helped us get our Arizona license last year and I received a renewal form from the AZ Department of Revenue for our Transaction Privilege Tax (TPT) number and noticed that there is a new rule for contractors effective 1/1/15. It states:
“If you are a contractor whose only business is to enter into contracts with the owner of real property for the maintenance, repair, replacement or alteration of existing property, beginning January 1, 2015, you do not need to have a TPT license.”
We only do solar sales and installation, so does that mean that we do not need to renew?
A: While the notice certainly implies that you do not need to renew your TPT license, that notice is misleading. The Arizona Registrar of Contractors (ROC) still has a statute in place that requires all applicants and licensees to provide them with a TPT to obtain or renew a contractor’s license. According to the ROC’s website “the ROC has asked the legislature to make these laws more consistent by removing this TPT requirement. Until this change is made, contractors should maintain their state TPT license.”
Q: Our Qualifier left the company some time ago and just recently notified the CSLB by disassociating from the license. Because he left over 90 days ago, our license was automatically suspended.
We have an application in progress with a new Qualifier but he hasn’t even been scheduled for an exam yet. Is there any way to get an extension? If yes, how do we go about requesting that?
A: In many cases the CSLB will grant you a one-time 90-day extension to replace your Qualifier. However, it is unlikely that you will be approved for this request due to the fact that your license is already suspended. If, for instance, you were within your initial 90 days and you submitted your new Qualifier application along with a request for a 90-day extension, the CSLB would likely approve it.
Q: We are making a company banner and want to know if there is a size violation if the contractor number is too small on the banner?
A: While the CSLB does have regulations about font size when displaying your name and license number on company vehicles, I am not aware of any regulation for font size on banners.
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., 1225 8th St. Ste. 500, Sacramento, CA 95814. Research past columns at www.cutredtape.com.
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