Capitol Connection Q&A for Contractors
By Shauna Krause, President, Capitol Services, Inc.
One contractor discovers while you can be one, you can’t be called one. I also dip into the strange way waterproofing is handled by contractor rules, and an attorney finds that the ‘fourth’ is strong in this one…
Q: I want to add one of my long time employees to our license as an Officer. However, he doesn’t have any ownership in the Company and is not listed on the CA Secretary of State records, nor do I really want him to be. I just need him to be able to communicate with the CSLB about licensing issues. They will only talk to individuals listed on the license. Am I able to add him with just the title “Officer”?
A: The CSLB doesn’t accept “officer” as an official Officer title. The CA Secretary of State (SOS) only requires that a President, Secretary, Treasurer, and sometimes Director be listed on their records. As long as you give him a title, which is not one of those, you do not need to add him to the SOS records. Examples are Vice President, Assistant Secretary, Chief Compliance Officer, etc.
Q: Is there a “waterproofing” license/classification we can add to our license? We have a “C-39” (Roofing) and a “C-17” (Glazing) license. Some of our customers purchase a waterproofing package from us where the waterproofing may go in the shower surround, or concrete, or whatever the case may be. We are looking for something to cover us for all of the waterproofing we do.
A: The short answer is no, there is no waterproofing classification. The long answer is, there are several classifications that can perform waterproofing. Certainly, the “C-39” (Roofing) can when it’s related to the roofing. Waterproofing is covered under the classification you are performing the work in relation to. For example, waterproofing concrete could be covered under “D-06” (Concrete Related Services), or if you are applying a protective sealant, it could be covered with the “D-12” (Synthetic Products) classification. Waterproofing a shower surround would again depend on what you are doing/applying to waterproof it. Feel free to call my office to discuss.
Q: I am an Attorney and I have a situation in relation to a case I’m reviewing. I’m seeing that the same individual is on 3 corporate licenses and one individual, all concurrently Active now. Is this possible, or is this an oversight by the CSLB? I know you can be an Responsible Managing Officer (RMO) on 3 but can you still have a fourth one as an individual?
A: Yes. The way B&P Code section 7068.1 is written, as long as the Qualifying Individual meets the guidelines, “a qualifying individual may act as the qualifier for no more than three firms in any one-year period.” Further, it defines “firm” to mean a partnership, a limited partnership, a corporation, or an LLC. Sole Proprietorships do not count in the rule of three.
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