Family Waiver, Landscaping Swimming Pools, Responsible Managing Employee Compensation

We often hear from aspiring contractors who have grown up in the business and want to follow in their parent’s footsteps. If you want to keep the same license number timing is everything as we learn here. A landscaper’s ambition gets ‘cut short’ and we review what it takes to be a Responsible Managing Employee…

Q:  My Dad retired a couple of years ago and inactivated his license.  I have been doing construction work for over 10 years for a General Building company and I want to get my own license.  Would it be possible for me to take over my Dad’s license number since it’s a low number?  I did work for him for several years when I first started in the industry.  Also, would I be able to waive the exams?


A:  To answer your first question, B&P Code 7075.1(c) allows for a Sole Owner license to be transferred to an immediate family under certain circumstances, however one of the conditions is that the license in question must be current and Active.  Since your father’s license has been Inactive for several years, you cannot request that number be reassigned to you.

Unfortunately you would not qualify for a Waiver of the exams.  In order for that to occur you would be required to have worked for your father and actively engaged in his business for five out of the last seven years.

It sounds like you have the requisite experience to obtain your own license by taking the exams, so contact us if you’d like our assistance.


Q:  I am a “C-27” Landscaping contractor and I have had a few customers ask me to repair or maintain their pool.  Am I allowed to contract and perform this work for them?

A:  If the swimming pool is part of your landscaping project, you can sub-contract the pool part of it out to a licensed swimming pool contractor, however it is my understanding that you cannot self-perform the work. Note that you cannot just take a pool contract by itself and self-perform or sub-contract the work out to a licensed pool contractor.

Q:  I have my own license and I was recently talking with a company that wants me to be their Responsible Managing Employee (RME) and transfer my license to them.  What kind of salary do RME’s typically get for letting a company use their license?  Are there other requirements of RME’s that I should know about?

A:  While we don’t offer advice on what is appropriate compensation, we frequently get asked that question, and as far as we know, there is no “going rate.”  Your compensation is something that you work out with the company.  Talking with others who hold RME positions might be a good place to learn more.

With regards to RME requirements, B&P Code Section 7068.1 states that the qualifying individual is responsible for exercising direct supervision and control of the employer’s construction operations.  RME’s are also required to be actively involved in the operation of the business for at least 32 hours or 80% of the total operating hours, whichever is less.