By: Phil Cocciante
Former
Contractors State
License Board Application Technician
Introduction
First of all, thank you for
taking the time and the proper
steps to obtain your California Contractors License.
The most powerful thing in this world is
information. After all,
we are in the information age. And the more information you can get
your hands
on before you apply for your License, the better off you will be.
By reviewing this
information you
are saying that you want to do
what’s right and get all the information you can before you
take that steps
necessary to become a licensed contractor.
My name is Phil Cocciante, and I am a former Contractors
State License Board employee. I split my 5+ years at the Board working
in the
Enforcement Division, Sacramento Investigations Unit and the Licensing
Division
RMO/Add Class Unit. Prior to that I worked in the construction industry
doing
anything and everything construction related. You name it, I probably
did it.
While I was at the CSLB, I
decided it was time to do
something with my life and start my own business. So I took the
knowledge and
information I gained while working at the CSLB and the years prior
construction
experience and created Affordable Contractors Information Services, Inc
along
with an awesome partner, Joan Palley.
It has been our goal to educate
and assist people all over
the U.S. in obtaining their California Contractors License, provide
them with
state-of-the-art study materials, expert application processing
(provided by
yours truly) and provide them with their bond after successfully
passing their
exams. Over the
last three years we have
helped people from New York to Maui and Seattle to San Diego.
I truly hope you find this
information to be a great source to you, and as I stated
earlier, I will provide you with an
email
address and phone number that you can use if you’d like to
speak to me
directly. I’d
be happy to answer your
questions, and if I don’t know the answer I’ll know
someone who does. Let’s
just say…. I have “insider”
information.
Occasionally through out this
page you will see this *
symbol. This
indicates an inside tip or
trick that you won’t read anywhere else.
And one more thing…
I’ll share my most favorite tip for the
very last. It’s something the CSLB won’t share with
you on their website.
So
let’s begin with the Licensing Process
Who must be licensed?
The State requires that all
businesses or individuals who
construct or alter any building, highway, road, parking facility or
other
structure in CA must be licensed by the CSLB if the total cost
including labor
and materials is $500 or more. What does that mean exactly? If the
materials
cost $300, you can only charge the client $200 for your services. Now that doesn’t
mean that you can have
multiple contracts with one client to break it up into $500 increments.
The
CSLB won’t allow that.
What are the advantages to
having a contractor’s license?
There are many reasons to get a
contractor's license:
A. You can do jobs
that are over $500.
B. You can take the
customer to court if you are not paid.
C. You can legally
advertise your construction business.
1) You can
advertise when not licensed but you must state in your advertising that
you are
NOT a license contractor.
D. You can
pull building permits.
E. You are eligible
for special discounts from many material
suppliers.
F. You can join
builders' associations that offer job
boards, plan rooms, and group insurance.
G. No fear of being
caught in a CSLB Sting that could end up
costing you hundreds or possibly thousands of dollars!
What are the licensing
classifications?
The classifications are broken
down into 4 categories.
1) The
A-General Engineering
2) The
B-General Building
3) The
C-Specialty Classes
4) The
D-Limited Specialty Classes
The D Classes are very limited
in scope but can be obtained
without having to take a trade exam.
When I was reviewing additional
classifications as an Application
Technician with the CSLB, there was a licensee who applied for every
single D
Classification there was. Under
the
regulations I could not stop him from adding every classification as
long as he
had a certifier to attest to his experience.
It was about a year and a half before
the Licensing Division took any
action. He happens to reside in Oregon and his certifier lived in Los
Angeles.
What experience is required?
At least four years of journey
level experience is required
to qualify for the exam. Credit is given for experience as a
journeyman,
foreman, supervising employee or contractor or a combination of
experience and
education. * The
Law states that your
experience must be at the “Journeyman” level, but
the application is not laid
out in a way that you have to show that you actually obtained
“Journeyman”
status.
What if I do not have four
years work experience?
You may still qualify by
substituting apprenticeship or
technical training or other education for work experience. For example,
you
could receive a credit of up to two years for a college degree in
business. You
don't necessarily need a college degree, transcripts showing course
work in
construction technology, drafting, accounting, etc. can also be
substituted for
a portion of the four-year requirement. Note, you must have at least
one year
of on-the-job experience.
How do I prove my work
experience?
You ask someone in the building
trades who has direct
knowledge of your work to sign a "work cert" (Certification of Work
Experience). You do not need a work cert for each and every job. One
person may
sign for all four years of required experience.
I get asked quite often if the
experience is ever checked or
verified. Other
than the Application
Technician reviewing your application, the odds of your app be pulled
for
review by the CSLB is slim to none.
Now
the Board is mandated by law to review a small percentage of the
applications
received (approximately 40,000 per year), but to my knowledge an
application
has never been pulled for further review.
Am I suggesting that it
doesn’t happen? NO! But
the chances of it happening to you are, like I said, slim to
none.
Can I qualify with
self-employment?
Yes!
The CSLB
changed the law years ago to allow applicants the ability to use
self-employed
experience. They realized that they could not put such a restriction on
how
people gained their experience. This
is
America after all, home of the entreprenuer.
Can I use Owner/Builder
Experience?
Yes, but I recommend that you
don’t. *
O/B experience is reviewed separately to
evaluate the amount of experience time you will be granted. On average,
the
time you are granted is at least ¾ of what you submitted. I received O/B experience
from an applicant
that provided two years of O/B experience and he was granted only 4 months towards the required four
years. He ended up
way short of meeting
the requirement because he was banking on that O/B experience.
That’s why I
always council my clients to NOT use Owner/Builder experience.
What happens if my application
is not approved?
The application will be
returned with a letter asking you to
supply additional information or make corrections. You will have 90
days to
comply with the letter. After the 90 day period the application will go
void
and you will have to resubmit and pay the additional $250 filing fee.
But if
you were to use a service such as mine, I will use my knowledge and
experience
to complete your application (using the information you provide) to
ensure that
it does not get rejected. If
it does
get rejected, I will do whatever it takes to correct the
Board’s mistake.
Is there an Examination
requirement?
Yes. The qualifying person must
pass the Law & Business
and Trade exams, unless he or she meets the requirements for a waiver
of either
one or both exams. The
“waiver” is a
funny thing. There are a few different ways of getting a
“wavier.” But
let’s back up for a second…. you only
have to take the Law/Business exam once as long as you keep your
license clear
and active. If your goal is to obtain a license but you don’t
have the
necessary experience, it is possible to still obtain a license. How,
you ask? *
You apply for a sole ownership license and if you happen to know
someone who
already holds the classification (the qualifier) you wish to obtain,
then you
can apply. The
qualifier does not need
to take the exam again, therefore, he obtains a waiver and you get your
license. Of course,
the qualifier is responsible for
all projects the company does, but the non-qualifier is now five years
away
from replacing the existing qualifier and also not having to take the
exam. Are
you shaking your head in a confusing manner?
Another way to obtain a waiver
is called the “Family
Waiver.” Let’s
say that John has a sole
owner license and wants to retire, or possibly John has passed away.
John’s son
Steve, needs to continue the business to keep the family afloat. He applies for the family
waiver and becomes
the qualifier for the license. Steve
may have to take the Law/Business exam, but he can take over the
license with
very little effort.
Does everyone take the same
exams?
If this is your first license,
you will take two exams: the
Law and Business exam and the Trade exam. Everyone takes the same Law
and
Business exam, but you will take the Trade exam that corresponds to
your
particular trade (e.g., general building, plumbing, electrical).
If I had a license, but it
expired, do I have to take the
tests again?
Yes and no. If the license has
been expired less than five
years then you do not have to re-test.
If your license has been expired for
over five years, even one day over
five years, then you will need to take both the Law and Trade exams
again.
What happens if I fail the
exams?
The Law and Trade exams are
scored separately, and you can
take either exam as many times as necessary for 18 months (at $50 per
retake).
If you don't pass within 18 months, you have to reapply. If you passed
one of
the exams it still counts for up to 5 years.
Is Workers’
Compensation Insurance Required?
Yes. Unless the entity has no
employees, then a certificate
of exemption can be filed with the Board. Be careful if you have
employees and
do not have Workers Comp insurance. The fines for this offense can be
extremely
hefty, as in thousands of dollars a day.
What is the cost to apply for a
license?
The application-filing fee for
a new license is $250; the
Initial License Fee is $150. Both of these fees can be paid when the
application is submitted. If the applicant chooses to remove his or her
application after submittal, only the Initial License Fee will be
refunded. The
fee for adding a classification or replacing the Qualifier on an
existing license
is only $50.
Can I apply for more than one
classification at a time?
No. You need a license number
before you can apply for an
additional classification. So, for example, first you might get a B
license as
a general builder, and then later add a classification such as a
C-10/Electrician. Don’t put more than one classification on
the application
because it will get rejected.
Does the CSLB recognize
licenses from other States?
Yes. The CSLB has reciprocity
agreements with Utah, Nevada
and Arizona. It is possible to get a California license if you hold a
license
in one of these states. You will be required to take the California Law
&
Business exam. The key is, you must have been licensed in the other
State for a
minimum of 5 out of the last 7 years and a form must be sent to the
other
States licensing board to provide verification.
What happens if I get caught
operating without a license?
It is a misdemeanor in
California, and the fines can range
from $200 to $15,000. A citation would be issued that would remain at
the Board
for up to 10 years. So if or when you apply for your license, your
application
will be delayed for an extended period of time while they review the
circumstances of the citation. The
CSLB’s SWIFT (State Wide Investigative Fraud Team) Unit
performs stings through
out the State. So beware!
Am I required to be
fingerprinted?
Yes. Fingerprints are required
for all new applications,
adding officers to an existing license, or replacing the qualifier,
etc. The
prints are taken digitally and electronically sent to the FBI and the
California Department of Justice. From there they are sent to the CSLB.
If your
prints come back clean your application will be processed in a timely
manner.
If they do not come back clean, they will be trapped in the
Board’s Criminal
Background Unit or CBU. You
do NOT want
to end up there. They have a backlog of up to six months. So even if
you had a
misdemeanor DUI 10 years ago, your application will end up in the CBU
for months.
What can I do if one of the
Officers of my new Corporation
has a criminal record?
* If you are applying for a new
license and an Officer of
the corporation has a criminal record, this is what you
do….apply for the
license and keep that person off the application.
The license goes through the system and
a number is issued. The
day the number is issued you submit the form (at no cost) adding that
officer.
He or she will then submit their fingerprints and end up in the CBU for
months,
but will eventually be added to the license, if the offense was minor
of
course.
What if I had a misdemeanor
conviction before I turned 18
and the record was expunged? Can I still get my license?
Yes.
But your prints
will still be in the system and your application will still be delayed
in the
CBU. Just because the record was expunged does not mean your prints are
no
longer in the system.
Are there any financial
requirements to qualify for a
license?
Yes. The CSLB requires that you
maintain at least $2500 in
working capital. * Do they verify this information? No, or not that
I’m aware
of.
Titles, Positions and Business
Entities
What
is the difference between
an RMO and RME?
RMO or Responsible Managing
Officer is the qualifier for the
license and may or may not hold any ownership in the company. An RME or
Responsible Managing Employee is the qualifier for the license and may
not hold
any ownership in the company.
Can an RMO be a qualifier on
more than one License?
Yes. An RMO can be the
qualifier on up to 3 corporate
licenses as long as he or she holds at least 20% ownership in each
company.
Can an RME be a qualifier on
more than one License?
No. An RME can only qualify one
license at a time. He or she
may have a Sole Owner license but it must be inactive while the person
is
acting as an RME.
Can an individual have more
than one license?
Yes. An individual can have as
many as 10 Sole Ownership
licenses.
Can a Sole Owner also be an RMO
or Qualifier on another
License?
Yes. An individual can be an
RMO on another license as long
as her she holds at least 10% or more of the company.
Should I incorporate, operate
as a Sole Owner or a
Partnership?
a) The
differences between these entities are that when a license is issued to
a
Corporation, it belongs to the Corporation. Qualifiers and Officers can
come
and go, but the license belongs to the Corporation.
b) A Sole Owner
license does not have the protection that a
Corporation has, but the license belongs to the individual.
c) A Partnership
requires at least two members. A Qualifying
Partner and a General Partner. If either partner leaves the company the
Partnership License is automatically cancelled. I council my clients to
refrain
from forming Partnerships. Generally
the company is Father/Son, Brother/Brother, Husband/Wife, and if (or
more
likely when) one of the partners wants to go do his or her own thing
the
remaining partner is stuck with a contractors license that was just
cancelled.
So do each other a favor and stay away from the Partnership License.
Can I form a Limited Liability
Company or LLC?
No, contractors are not allowed
to form LLC’s.
Are there advertising
requirements?
Yes. Your license number must
be on ALL advertising
materials. Your truck signage, your work orders/change orders,
invoices, yellow
page ad’s, website, business cards, and even yard signs. Members of the SWIFT Unit
have been known to
see a yard sign that does not include a license number and take it back
to the
office to check for licensure. If
the
company is not licensed, you may be called to provide a bid to an
undercover
investigator. So again, beware and follow the law.
Can I advertise that
I’m bonded?
No. State law prohibits
advertising that you are bonded.
Can I offer Electrical services
if I have a Plumbing
license?
No. You can not advertise,
offer, or enter into a contract
to perform services for a classification that you do not hold. If you
have a
B-General Building license, you can not take contracts for only one
trade. The contract
must be for at least 3
trades. Of course,
if you have a C-36 Plumbers
license you can only bid on jobs that involve plumbing.
Do I need to have a Framing
license if I’m providing
Plumbing services and in the course of the job I have to do some
framing?
No. Trades that are incidental
to the project do not require
you to hold that classification, in this example Framing.
Final
Note
Well that about covers it. I hope you found this
information to be very helpful.
If you are ready to get started
on obtaining your
contractors license, you can purchase a License Package from this site
or go to www.Contractor-University.com
and select the Licensing Package that best fits your needs.
If you need study materials, we
offer two types including: a
CD-Rom Software system called QuickPass (which also can be downloaded
at www.Contractor-University.com
saving time and money with
no tax or shipping)
and a printed material system with
Audio Cassettes or CD’s called Ja-Set.
All services can be purchased
through our website via our
Secure Server.
If you have any questions
about the information in this
ebook, don’t hesitate to fire off an email to me at phil@contractor-university.com
or call
me toll free at 888-346-2247.
Disclaimer
This information is
provided as a guide on How To
Get Your California Contractors License and may or may not pertain to
your
particular situation or circumstance.
Some or part of
the preceding information was
obtained
from
the following sources:
Contractors
State License Board website
HowDoIGetMyContractorsLicense.com
ContractorLicenseService.com
Contractor-University.com
My
Most Favorite Tip!
Once you
have your official CSLB Testing Notification in
hand, you don’t need to wait until that date to take your
exams. Go to the
testing center when you’re ready, and if there is an empty
seat…..you’re in!
Almost
on a daily basis people don’t show for their
scheduled exam(s), creating vacancies. If you are taking the
Law/Business and
Trade exam you will have to hope that the Testing Center has a opening
coverin
two consecutive testing sessions.
Be sure
to take your Testing Notification and a valid I.D.
All
Rights Reserved
Affordable
Contractors Information Services, Inc