Capitol Connection Q&A 1129June 13, 2019
By Shauna Krause, President, Capitol Services, Inc.
Some electrical work is just ‘plug and play’ for a carpenter? A name change won’t work in another contractor’s company transformation that is turning into a ‘bad dream’ for him. I also share why a ‘foreign’ officer will have to be ‘qualified’ to come ashore as a legal contractor…
Q: Can a “C-6” (Cabinet, Millwork and Finish Carpentry) license install minor electrical components? Basically, the lighting would be installed only on the cabinets the “C-6” contractor is putting in. The cabinets are manufactured by the C-6 company and the lighting going in is "plug and play" meaning that they are not hard wiring anything from an electrical panel within a building. Instead, they will be plugging the light into a receptacle that was installed by a licensed electrician. In some cases, if a client is requesting that the units be hard-wired, the C-6 company would simply request that the electrician wire the final connection from their light fixture to his junction box, switch, etc.
A: Yes, it is acceptable for a “C-6” contractor to plug in the power cord for built-in cabinet lighting. The use of a “C-10” contractor to hard wire any lighting would be appropriate as well.
Q: We are a flooring contractor and have both the “C-15” (Flooring) and the “C-54” (Tile) license. We have been licensed since 1988 as a Corporation and we just recently formed a Limited Liability Company, so we need to transfer the license to the LLC.
Our corporate business name is XYZ Design Inc., so naturally we applied for the new LLC as XYZ Design LLC. Our application was rejected, asking for us to add a dba such as “XYZ Flooring Design”. We have been XYZ Design Inc. for over 30 years, has something changed with moving from a Corporation to an LLC that is triggering this? Our ultimate goal is to be known by our legal name. “Changing our name” sounds like an administrative nightmare!
A: The CSLB has been "enforcing" B&P Code section 7059.1 more than ever before (at least in my experience), which states "A licensee shall not use any business name that indicates the licensee is qualified to perform work in classifications other than those issued for that license, or any business name that is incompatible with the type of business entity licensed."
They are rejecting business names for being "too vague"and have determined that words such as "Services", "Systems", or "Design" can only be used if they are in conjunction with your classification, hence the suggestion of “XYZ Flooring Design”. This is fairly new, which is why your business name was acceptable when you originally obtained the license, but it's not anymore. Another wrench the CSLB threw in for dba’s is you are now required to register your ‘doing business as’ name with the county or city, which has never been required in the past.
Q: We spoke a few months back about updating our Nevada license with a new Qualifier and new Officers. We have finally updated the Secretary of State and are ready to move forward with the license paperwork. Our new Officers are not US citizens and don’t have INS cards (they live in Spain). Will that be okay?
A: If they are an Officer and are not going to come to the U.S. to work they are not required to provide a US Social Security card or INS. But if they are a Qualified Individual they are required to be able to be present at job sites and therefore must establish legal status.
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 firstname.lastname@example.org, or write us at Capitol Services, Inc., 1225 8th St. Ste. 500, Sacramento, CA 95814. Research past columns at www.cutredtape.com.
Contact:Shauna Krause, President, Capitol Services, Inc.866.443.0657
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