Legal Question in Business Law in California

WE are the "POOL GUY� for a condominium here in San Diego. We take care of the 2 ponds with water features in the complex. We do not care for the pool that is another �pool guy�.

They have AGAIN switched property management companies. The new PMC has asked for our "contractor�s license" We do not have one as Cal does not offer a POOL guy exam. We do not build pools or spas we only care for the water and equipment.

How do we make everyone happy??


Asked on 1/14/10, 5:00 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Building stuff is not the only kind of activity that requires a contractor's license. Making repairs generally also does.........for example, the electricians that came out to repair shorted wiring at my office a few weeks ago. I can't say of my own knowledge that a license is unnecessary for what you do. I'm only saying that the fact you don't do original construction doesn't assure you of being exempt from a licensing requirement.

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Answered on 1/20/10, 4:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As a follow-up to my previous answer, I checked the CSLB's Web site and note that they have a license category (D-35) called "Pool and Spa Maintenance" described as follows (cut-and-pasted from the CSLB brochure:

D-35 Pool and Spa Maintenance

A pool and spa maintenance contractor installs, replaces or repairs pool motors, pumps,

filters, gas heaters and any above ground piping in connection with pools; includes

electrical switches, breakers, pool lights, diving boards, existing solar systems that

heat pools, pool and spa acid baths and applies vinyl liners to existing surfaces.

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Answered on 1/20/10, 4:23 pm


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