Swimming Pools, Worker’s Compensation Requirements and Supervisory Waivers

Yes, on this page or in the office, we always hope to ‘answer’ inquiries quickly and correctly!  What’s ‘past’ is prologue in a contractor license change but we start with another transition for a ‘supervisor’…

Q:  We want to change the license holder over to the CEO of the company who is not currently the responsible party and doesn’t have a Sole Owner license. He’s had more than 5 years in the industry working for our company and we want to make him the Responsible Officer due to hardship of the current one leaving. From what I’ve read there’s a supervisory waiver to fill out?

A:  There is no specific “supervisory waiver” form to fill out.  B&P Code Section 7065.1 allows an individual who has either been listed as an Officer on a license for five out of the last seven years, or has been employed by the company working in a supervisory capacity for the license, to replace the existing qualifying individual and request to Waive the exams.  The new Qualifier will need to document his/her experience and the Waiver request must be done in writing.

Q:  My boss is applying to replace our current RME (Responsible Managing Employee) on our license.  If in the past, he has checked the box “YES” that he has plead guilty or been convicted of a felony on the application, but has lost that paperwork entirely, would he have to find that documentation to get this going, even though he’s currently on the license?

A:  He will be required to again answer that question “yes” and attach a Disclosure Statement with as much information as he can.  Most times the CSLB doesn’t require that he provide official court documents from the County.  In fact, they likely have the information on file already if he submitted it in the past.

Q:  I have a quick question and was hoping you could answer it correctly. I want to start a general construction business and file as a corporation. I am trying to avoid paying Worker’s Comp on myself if I can do it legally. I will not be the Qualifying individual for the license, my friend will. He is trying to help me out because I was an unlucky applicant that got audited for work experience and they would not except my W-2’s from being a plumber and electrician as any credit towards a “B” license. Is there any way to avoid Workers Comp? I have the freedom to structure this any way I can as I am going into business with a friend who trusts me.


A:  As long as the corporation does not have employees, you are not required to carry Workers Comp.  That being said, if the corporation will just be made up of you and your friend/business partner, you would just need to make both of you Officers as opposed to employees. Worker’s Compensation Insurance is required for some contractor licenses (Roofers, as example), and for all of us; contractor, consumer and employee it is just the right thing to do in providing insurance for workplace injury.

Q:  I would like to get my “C-53” (Swimming Pool Contractor) License ASAP. I have been in the industry for 15+ years as Project Manager and Sales. Do I still need to take the exams?

A:  Yes, you will need to take the exams for a new license. You cannot Waive the exams based on experience alone.