Contractors License Application Waivers

The 4 Possible Contractors License Application Waivers Available in California

contractors license application waiversI wanted to take a moment to discuss the different types of contractors license application waivers. I’m often asked, “Do I get a waiver of the exam since I’ve been working my trade for the last decade?” No. The waiver requirements are very specific. I’ve included the law text below, but I will break it down for you here.

  1. 1.   Listed on License Waiver: With this waiver, you must have been listed on the license you intend to qualify for at least 5 out of the previous 7 years. Note, the license has to have been in good standing for those 5 yrs. If you apply on the 5th year anniversary, but the license was suspended for anything for any amount of time during that 5 year period, you will need to wait until the license has had a minimum of 5 good standing years. I mentioned a moment ago that this waiver is for someone who intends to qualify the license they are listed on. Hence the name of the waiver. You can only use this waiver if you will be replacing the existing qualifier on the license. Now, it is possible to replace the existing qualifier, and then be replaced by that qualifier allowing you to obtain your own license without taking the exams. This is because the law only requires that you hold the classification for at least one day within the last 5 years.
  2. Family Waiver: This waiver will allow you to become the qualifier and take over an existing sole owner license. The licensee must have retired or passed away and you must be an immediate family member. Son/daughter, nephew/niece, spouse, grandson/granddaughter. You’ll have to submit an Application for a new license, requesting the family waiver for the existing license. The business name will remain the same and can not be changed. If the licensee has passed away, you’ll need to provide a death certificate. If the licensee is retiring, he will need to submit a signed letter stating he/she is retiring and allowing the family member to take over the license/business.
  3. ..

  4. Supervisory Waiver: This is type of exam waiver is not very well known. The law requires that you be an employee of the company in a supervisory role. You’ll need to show experience as a supervisor and show verification of your employment. A letter from an officer of the company, on company letterhead, stating your role with the company should be submitted.
  5. Previously Held the Classification Waiver: This waiver is for someone who doesn’t currently hold the classification but did at least one day within the last 5 years.

Those are the waivers currently available. If you think you might fit into one of these, feel free to email me with your specific situation and I’ll determine if you qualify.

contractors license application waivers

7065.1. Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license under any of the following circumstances: (a) The qualifying individual has, for five of the seven years immediately preceding the application for licensure, been listed on the official records of the board as a member of the personnel of any licensee who held a license, which was active and in good standing, in the same classification being applied for, and who during the period listed on the license has been actively engaged in a licensee’ s construction activities in the same classification within which the applicant applies for a license. (b) The qualifying individual is an immediate member of the family of a licensee whose individual license was active and in good standing for five of the seven years immediately preceding the application for licensure, and the qualifying individual is able to show all of the following: (1) The qualifying individual has been actively engaged in the licensee’s business for five of the seven years immediately preceding the application for licensure. (2) The license is required to continue the existing family business in the event of the absence or death of the licensee. (3) An application is made for a new license in the same classifications in which the licensee is or was licensed. (c) The qualifying individual is an employee of a corporation or a limited liability company seeking to replace its former qualifying individual and has been employed by that corporation or limited liability company under the following conditions: (1) For five of the seven years immediately preceding the application for licensure, the qualifying individual has been continually employed by the corporation or limited liability company in a supervisory capacity in the same classifications being applied for. (2) For five of the seven years immediately preceding the application for licensure, the corporation or limited liability company has held an active license in good standing in the same classifications being applied for. (3) The corporation or limited liability company has not requested a waiver under this subdivision within the past five years. For purposes of this section, employees of a corporation or limited liability company shall include, but not be limited to, the officers of a corporation and the officers and managers of a limited liability company.

Comments

  1. Hi:
    orginally licensed in 2002 as a general. Remained licensed till 2015 when I turned the large part of the business over to son in law. He took the test and the original license was re inssued to him. I would like to get a new license so that I can remove my part of the business from his license.

  2. Thank you for clarifying this. If I qualify, and I believe I do. Which form do I fill out? I’ve been on a license for 11 years and want to replace the RMO.
    Thank you for any help you have to offer…

  3. Nicole Skinner says:

    Hello,

    This is very interesting. I want to make sure I am understanding this correctly, if someone meets the above requirements, they are not required to take any of the exams at all?
    My husband has been working for his fathers company for 25 years. His dad is not planning on retiring now, however my husband would like to get his license before he does incase something were to happen, so he can take over. He has been in a supervisor role for the last 10 years. Their workers comp lapsed one month due to non – payment a few years back. Can you please let me know which option, if any, my husband would qualify for? And how he would go about applying?

    • Hello Nicole,

      He has two options… 1) replace the father on the license, provide at least 5 years of experience under the license as an employee, and get a waiver of the exams. 2) Apply for his own license, provide at least 4 years of experience, and take the exams.

      If taking the exams is an issue, he can wait until dad retires and then apply to take over the license. But if he applies for his own license and takes the exams, you can have the license issued inactive. When the time comes for dad to retire, you could apply to take over dad’s license.

      I hope this helps.

      • Nicole Skinner says:

        Thank you so much for the information. What about the Supervisory Waiver? Would it be possible for him to get a license while his dad still has his, or can their only be one person on the license at a time?

        • Nicole Skinner says:

          Meaning without taking the exam..

          • Good questions Nicole. Below is the section of law that outlines the waivers available. I highlighted that part of the law that pertains to you.

            The family waiver only works if the son is taking over the license from the father. A new license application would be submitted and a letter would need to be submitted with the app (signed by both father and son) stating that the father is retiring.

            You are correct, only one qualifier on the same license per classification.

            § 7065.1. Waiver of examination
            Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license under any of the following circumstances:
            (a) The qualifying individual has, for five of the seven years immediately preceding the application for licensure, been listed on the official records of the board as a member of the personnel of any licensee who held a license, which was active and in good standing, in the same classification being applied for, and who during the period listed
            on the license has been actively engaged in a licensee’s construction activities in the same classification within which the applicant applies for a license.
            (b) The qualifying individual is an immediate member of the family of a licensee whose individual license was active and in good standing for five of the seven years immediately preceding the application for licensure, and the qualifying individual is able to show all of the following:
            (1) The qualifying individual has been actively engaged in the licensee’s business for five of the seven years immediately preceding the application for licensure.
            (2) The license is required to continue the existing family business in the event of the absence or death of the licensee.
            (3) An application is made for a new license in the same classifications in which the licensee is or was licensed.

            (c) The qualifying individual is an employee of a corporation or a limited liability company seeking to replace its former qualifying individual and has been employed by that corporation or limited liability company under the following conditions:
            (1) For five of the seven years immediately preceding the application for licensure, the qualifying individual has been continually employed by the corporation or limited liability company in a supervisory capacity in the same classifications being applied for.
            (2) For five of the seven years immediately preceding the application for licensure, the corporation or limited liability company has held an active license in good standing in the same classifications being applied for.
            (3) The corporation or limited liability company has not requested a waiver under this subdivision within the past five years. For purposes of this section, employees of a corporation or limited liability company shall include, but not be limited to, the officers of a corporation and the officers and managers of a limited liability company.

            The supervisory waiver only pertains to corporate or LLC licenses.

  4. Please help…in a delima! My father holds a c27 California license. I’ve worked together with him for the past 20 years. I have 7 years proof of 1099’s and work comp insurance under our business name. It was active status but he renewed it as inactive once and has now only been active for the past 4 years and 3 months. He renewed his card and it is current until 2017. He became ill and passed away suddenly shortly afterwards. We had submitted his letter and mine along with the proof of work comp and 1099’s for the past 7 years to request a family waiver when he became ill because the family business would not be able to continue without his contractors license that was needed for city and government jobs. SCLB denied our request and said his license must be active for 5 of the last 7 years. Is there any way around this? Do I have to take both tests as SCLB wants? Could I wait until the 5 year mark comes to reapply for the family waiver? Will it matter that my father has passed away but his card is valid until 2017? Will SCLB ask? I have a learning disability and I am scared to death to take the test and fail. SCLB has contacted me already to schedule me to take the test. I have already requested a postponement for it which they have approved. If I can postpone it one more time it will be at the 5 year mark for my dads license to be active. What are your suggestions?

    • I’m sorry to hear about your fathers passing.

      There is no way around the 5 out of 7 yr rule. Since you began the license app before he passed, I’m going to assume that the cslb is not aware of this. Is this correct? If the cslb finds out that he passed, you’d only have 90 days to take over the license.

      I doubt the cslb will let you reschedule the exams long enough to reach the 5 yr active and in good standing mark. I would suggest taking the exams and if you don’t pass… take it again until you do.

  5. My wife’s license was active for 17 years, but has been inactive for the last 8 years. Can I still apply for a family waiver if the license has been inactive? I also worked with her for those 17 years. Would a Listed On License be more likely? Would I have a chance with either one?

    • Hello Keith,

      The license would have to be active for at least 5 out of the previous 7 years, so unfortunately there would be no way to use either option.

  6. I am trying to take over my fathers business. He retired 3 years ago and let his license expire. Is it possible to renew his license and take over his license that we previously had worked together under? The license was in good standing when he let it expire.
    Thanks

    • The requirement of the “Family Waiver” is that the license be in good standing for 5 out of the last 7 years. Since his license expired 3 years ago, you unfortunately wouldn’t qualify to take over the license.

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