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Frequently Asked Questions:
Licensing FAQ's:
Fingerprinting
FAQ's
Licensing FAQ's
Who can become a licensed contractor?
To
qualify to become a licensed contractor an individual must be 18 years
of age or older and have the experience and skills necessary to manage
the daily activities of a construction business, including field
supervision. Or, you must be represented by someone else with the
necessary experience and skills, who serves as your qualifying
individual.
The
contractor or other person who will act as the qualifying individual
must have had, within the ten years immediately before the filing of
the application, at least four full years of experience at a journey
level, or as a foreman, supervisor, or contractor in the classification
for which he or she is applying. The experience claimed on the
application must be verifiable and individuals who have knowledge of
the experience must certify the accuracy of the experience information
provided by the applicant (page 3 of the application).
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Who must be licensed as a contractor?
All
businesses or individuals who construct or alter any building, highway,
road, parking facility, railroad, excavation, or other structure in
California must be licensed by the California Contractors State License
Board (CSLB) if the total cost (labor and materials) of one or more
contracts on the project is $500 or more. Contractors, including
subcontractors, specialty contractors, and persons engaged in the
business of home improvement (with the exception of joint ventures and
projects involving federal funding) must be licensed before submitting
bids. Licenses may be issued to individuals, partnerships,
corporations, or joint ventures. The CSLB does not issue licenses to
Limited Liability Companies (LLC's).
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Is anyone exempt from the
requirement to be licensed?
Yes.
Here are some of the exemptions:
Work
on a project for which the combined value of labor, materials, and all
other costs on one or more contracts is less than $500 falls within the
minor work exemption. Work which is part of a larger or major project,
whether undertaken by the same or different contractors, may not be
divided into amounts less than $500 in an attempt to meet the $500
exemption. Until January 1, 2005, unlicensed contractors were required
to provide a purchaser a written disclosure stating that they are not
licensed by the CSLB. This disclosure is no longer required;
Work
on a project for which the combined value of labor, materials, and all
other costs on one or more contracts is less than $500 falls within the
minor work exemption. Work which is part of a larger or major project,
whether undertaken by the same or
An
employee who is paid wages, who does not usually work in an
independently established business, and who does not have direction or
control over the performance of work or who does not determine the
final results of the work or project;
Public
personnel working on public projects;
Officers
of a court acting within the scope of their office;
Public
utilities working under specified conditions;
Oil
and gas operations performed by an owner or lessee;
Owner-builders
who build or improve existing structures on their own property if they
either do the work themselves or use their own employees (paid in
wages) to do the work. This exemption is only valid if the structure is
not intended or offered for sale within one year of completion;
Owner-builders
who build or improve existing structures on their own property if they
contract for the construction with a licensed contractor or
contractors. This exemption is applicable only if no more than four of
such structures are offered for sale in any one calendar year;
Owner-builders
who improve their main place of residence, have actually resided there
for one year prior to completion of the work, and who complete the work
prior to sale. This exemption is limited to two structures within a
three-year period;
Sale
or installation of finished products that do not become a fixed part of
the structure;
A
seller of installed carpets who holds a retail furniture dealer's
licenses but who contracts for installation of the carpet with a
licensed carpet installer;
Security
alarm company operators (licensed by the Bureau of Security and
Investigative Services) who install, maintain, monitor, sell, alter, or
service alarm systems (fire alarm company operators must be licensed by
the CSLB); and
Persons
whose activities consist only of installing satellite antenna systems
on residential structures or property. These persons must be registered
with the Bureau of Electronic and Appliance Repair.
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Do I have to reside in California to get
and keep a contractor's license?
No.
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Does California recognize contractors'
licenses issued by other states or countries?
No.
However, California does have reciprocal agreements with some states
that recognize the experience qualifications for certain trades. It is
only after the Registrar of Contractors has entered into a reciprocal
agreement with the other state and under certain conditions that the
Registrar may waive the written trade examination for a contractor
licensed in another state. Applicants must still qualify by taking and
passing the Law and Business Examination. If you have trade experience
or a contractor's license issued by another state or country and you
want to contract for work in California, this experience may be
acceptable. In any case, you must apply for and be issued a license by
the California Contractors State License Board.
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What happens if I contract without a
license?
A
contractor's license is not necessary as long as you don't advertise
yourself as a licensed contractor and never contract for jobs costing
$500 or more, including labor and materials.
The
Contractors State License Board has established statewide investigative
fraud teams that focus on unlicensed contractors and the underground
economy. To curtail illegal contracting activities, these units conduct
stings and sweeps which are publicized to ensure maximum consumer
education.
Contracting
without a license is usually a misdemeanor, carrying a potential
sentence of up to six months in jail and/or a $500 fine, and a
potential administrative fine of $200 to $15,000. Subsequent violations
increase criminal penalties; if there is a prior conviction for
contracting without a license, a fine of 20 percent of the contract
price of the work performed, or a $4,500 fine shall be imposed. Also,
the unlicensed contractor shall be confined to jail for no less than 90
days.
Felony
charges may be filed against those who contract without a license for
any project that is covered by a state of emergency or disaster
proclaimed by the Governor of California or the President of the United
States. Felony convictions may result in a state prison term as
specified by the court.
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Fingerprinting FAQ's
Pursuant to California law, all applicants for a Contractors State License Board (CSLB) license are required to submit a full set of fingerprints for the purpose of conducting a criminal background check. Fingerprints will be compared to the records of the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to determine whether a criminal history exists. We hope the questions and answers below will help guide you through the fingerprinting process and help prevent delays in processing your application.
All new applicants and each officer, partner,
owner and responsible managing employee thereof as well as all home
improvement salespersons will have to submit fingerprints. Individuals
who are currently licensed by the CSLB and do not apply for any changes
to his/her license, and applicants for a joint venture license will not
be required to submit fingerprints.
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How do I go about getting fingerprinted?
Fingerprinting services are available at most local police departments, sheriff’s offices or any public applicant Live Scan site. After submission of an application to the CSLB, each individual listed on the application will be sent a Request for Live Scan Service Form (BCII 8016). You must complete the third section (applicant information) in its entirety and take two copies of the completed form to a Live Scan station to have your fingerprints submitted to the DOJ and FBI. A listing of Live Scan locations is available on the Internet at: http://caag.state.ca.us/fingerprints/publications/contact.htm
Is there a cost for fingerprinting?
Yes, you will be required to pay the Live Scan
operator the $32 DOJ fingerprint processing fee and the $24 FBI
fingerprint processing fee, as well as the Live Scan site "rolling"
fee. NOTE: The "rolling" fee set by each Live Scan site varies. The
CSLB does not set the price. The listing of Live Scan locations
includes information about the "rolling" fee.
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What if I’m located outside of California or do not have access to a Live Scan facility?
If you are located out of state and do not plan to
come to California during the application process, or if you do not
have access to Live Scan, you may contact the CSLB’s
automated system at (800) 321-CSLB (2752) to request fingerprint cards.
When the system answers, press 2-1-4. Fingerprint cards will be sent to
you. You must take the cards to a law enforcement agency to have your
prints "rolled". Return the cards with the required processing fee of
$56 to the CSLB for submission to DOJ and the FBI. You may also be
charged a "rolling" fee by the agency providing the service. The
processing time required for fingerprint cards is substantially longer
than with Live Scan; taking 3-6 months or longer.
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What information does the CSLB receive?
When an individual submits fingerprints, DOJ
conducts a criminal background check. If the individual has no criminal
history, DOJ will forward a clearance notice to the CSLB. If the
individual has a criminal history, DOJ will send a criminal record
transcript disclosing all convictions to the CSLB.
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What happens if I have a criminal record?
CSLB staff will review any criminal conviction to
determine whether the crime is substantially related to the duties,
qualifications or functions of a contractor. The criteria used by the
CSLB will include whether the crime shows the present or potential
unfitness of an applicant, or licensee to perform the functions
authorized by the license in a manner consistent with the public
health, safety, or welfare. In addition, the CSLB will review and
consider any evidence of rehabilitation submitted by the applicant or
licensee.
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How can I demonstrate rehabilitation?
Applicants will be given the opportunity to
explain any criminal conviction. You may be asked to do this in
writing. In addition to providing an explanation, you may provide
evidence of rehabilitation such as counseling, gainful employment,
completion of an appropriate rehabilitation program, etc.
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What information/records should I provide if I have a criminal conviction?
Applicants should provide certified copies of the
court records, including the complaint, complete docket, judgment and
sentence and probation reports, if any, for all convictions. You should
also provide copies of police and/or other investigating agency
reports, as well as certified copies of decisions from other state or
federal agencies, if applicable. Providing these documents will assist
the CSLB in processing the application as quickly as possible.
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What are my rights if the CSLB denies my application for a criminal conviction?
If the CSLB determines that the applicant is not
qualified to receive a license due to a prior criminal conviction,
he/she has the right to request a hearing on the decision. This request
must be submitted to the CSLB in writing no later than 60 days from the
date of the decision to deny. These rights are stated in writing in
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. Failure to timely request a hearing
results in the applicant losing the right to a hearing.
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