Kyle Rea Talks Roofing Licensing Requirements on Roofing Road Trips Podcast

Adams & Reese Tampa Partner & OSHA Team Leader Kyle Rea was featured on the Roofing Road Trips® podcast, hosted by Megan Ellsworth on RoofersCoffeeShop®, in an episode titled "Roofing Licensing Essentials." Rea discusses the pitfalls roofers face when navigating state-specific requirements and answers some of the most common questions contractors have about licensing.

Are licenses required in every state? 

Rea explains that not every state requires a roofing license. Some have strict licensing laws, while others are "the wild, wild west." Regardless, contractors must understand the laws in every state where they perform work, not just where they are headquartered. He recommends calling local building departments and consulting state licensing board websites, which provide rules and requirements in accessible, layman-friendly language, to determine what is required in each state.

Why are licenses important if they aren’t required in every state?

Rea emphasizes that in states that require licensing, a license is essentially a contractor's "permission slip to work" and defines the scope of what they are authorized to do. These laws are strictly drafted and designed to ensure that contractors conduct business above board. He notes that licensing requirements extend beyond roofing, as almost every state requires licensure for general contracting services and other trade work. So, if a roofer starts inching toward other trades on a project, that could also create problems.

If you make a mistake with licensing, what are the consequences?

Rea warns that working without proper licensure or beyond the scope of a license can trigger three types of consequences. First, a state licensing board can impose administrative penalties, including suspension, revocation, probation, and fines. Second, unlicensed contracting is considered a crime in virtually every state except New York, exposing contractors to criminal penalties. Third, contracts can be deemed unenforceable, and homeowners or business owners can claw back money already paid to the contractor.

How can I ensure all my licensing requirements are handled properly?

Rea covers several key areas contractors should focus on to stay compliant. Regarding subcontractor licensing, he explains that in most states, subcontractors must also hold the proper licenses for the work they are asked to perform. It is not enough for only the general contractor to be licensed.

He also discusses the risks of "scope creep," advising contractors to pause before taking on additional work outside their normal scope and ask whether it requires different licensure. If it does, he recommends referring customers to other licensed professionals rather than doing the work yourself.

A significant portion of the discussion focuses on qualifying officers, the individuals whose credentials support a company's license. Rea explains that losing a qualifying officer, whether through termination, resignation, or death, can jeopardize a business's licensure. He recommends that companies always have a backup candidate who has already completed the necessary exams and initial steps, so they can step in quickly if needed. Rea also advises that qualifying officers should hold a supervisory role with control over the "means and methods" of construction activity and at least some involvement in financial decisions.
Regarding pre-job due diligence, Rea stresses that unlicensed contracting occurs at the time a contract is signed, making it essential for roofers to verify their licensing before committing to any job. He also cautions against advertising services that a contractor is not licensed to perform.

Listen to the full episode here.