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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