California Pool & Spa Contractors: Workers’ Comp Rules for 2025–2028 (What to Do Now)

Quick take: SB 216 (2022) created a “workers’ comp for all contractors” rule. SB 1455 (2024) moved the universal mandate to January 1, 2028 and ordered a tougher exemption‑verification system by January 1, 2027. The year 2026 is a statewide stress‑test—expect strict renewals and fast suspensions for lapses.

What changed, exactly?

SB 216 (2022) set a universal workers’ compensation requirement for all licensed contractors (even with no employees) originally targeting Jan 1, 2026. SB 1455 (2024) pushed the universal date to Jan 1, 2028 and told CSLB to implement a verification process for “no‑employees” exemptions by Jan 1, 2027. Think of 2026 as the statewide dress rehearsal; 2028 is full enforcement.

Why pool & spa trades get extra attention

C‑53 jobs stack higher‑risk exposures on a single site—excavation, rebar/gunite, energized electrical, and chemical handling. Maintenance operations are separately tracked under WCIRB classifications (e.g., Code 9097 for Swimming Pool Cleaning/Servicing), which signals distinct risk to regulators and carriers. Expect tighter underwriting and documentation.

Who was already mandatory before 2026?

Since Jan 1, 2023, CSLB requires workers’ comp—even with zero employees—for:

  • C‑8 (Concrete)
  • C‑20 (HVAC)
  • C‑22 (Asbestos Abatement)
  • D‑49 (Tree Service)
  • C‑39 (Roofing) has long been mandatory

If you self‑perform or subcontract these scopes on a pool project, the requirement effectively follows you onto the job.

What 2026 will look like (the “stress‑test” year)

  • Renewal checks: CSLB will not keep a license active if there’s no valid policy on file or a bullet‑proof exemption. Coverage must be continuous; lapses trigger automatic suspension.
  • Public visibility: Owners, HOAs, and GCs can see your comp status on the public CSLB License Check and often require proof before award.
  • Field enforcement: CSLB’s SWIFT unit runs stings and jobsite sweeps and issues Stop Orders where employee labor is present without workers’ comp.

How to comply (owner‑operators, small crews, and growing shops)

Option A: Buy a policy even with no employees (“minimum‑premium/ghost” approach)

Many one‑person firms carry a low‑premium policy primarily to satisfy filing and contract requirements. Note: depending on your entity and election, owners may be excluded by default—you are not automatically covered unless you opt in. Confirm in writing with your broker.

Option B: File a “no‑employees” exemption—and keep it clean

You may certify that you have no employees (special rules apply for out‑of‑state work). The moment you hire anyone, you must obtain a policy and submit proof to CSLB—generally within 90 days—or risk suspension. Occasional helpers, relatives, “1099s,” or day laborers can invalidate an exemption.

Make CSLB’s data match your policy—automatically

Ask your insurer to electronically file your Certificate of Workers’ Compensation Insurance to CSLB so your license record updates in real time (or on the future effective date). Then verify the listing in License Check and correct any name/classification mismatches immediately.

Pricing outlook: plan for 2025–2026

California’s Insurance Commissioner approved an average +8.7% increase to the advisory pure premium benchmark for workers’ comp effective Sept 1, 2025 (vs. Sept 1, 2024 levels). Advisory rates aren’t your final price, but they’re a directional signal—budget ahead.

2025–2026 action plan for C‑53 firms (and C‑61/D‑35 maintenance)

  1. Now: Look up your license in CSLB’s License Check; confirm legal name, classifications (e.g., C‑53, C‑61/D‑35), and workers’ comp status.
  2. Q4 2025: Get quotes (minimum‑premium vs. payroll‑rated). Decide on owner inclusion/exclusion. Tighten subcontracts (certificates, additional insured language, indemnity).
  3. By Dec 31, 2025: Ensure your policy is on file electronically or your exemption is submitted before your 2026 renewal window.
  4. 2026: Keep coverage continuous. If you move from exempt → insured, submit proof within the required timeframe. Audit subs. Expect site sweeps.
  5. 2027: Prepare for CSLB’s new exemption‑verification process (sworn statements, audits, proof).
  6. 2028: Universal mandate date. Either maintain a policy or pass CSLB’s verification for exemption.

Insurance‑market impact (what brokers and carriers are watching)

  • Exposure concentration: Pools combine heavy construction, electrical, and chemical exposure; underwriters scrutinize crew mix, subcontractors, and safety practices (trenching, energized work, chemical handling).
  • Rating signals: WCIRB filings and the 2025 benchmark increase suggest upward pressure vs. 2024.
  • Contractual risk transfer: Expect stricter certificate and endorsement checks from GCs, HOAs, resorts, and municipalities.
  • Enforcement risk: A lapse can suspend your license immediately, halting jobs and triggering breach/penalty cascades in contracts.

FAQs (straight answers)

Do 1099s or day laborers count as “no employees”?
Usually not. If you direct their work like employees, workers’ comp law likely applies. An exemption is risky in that scenario—secure a policy.

If I’m out‑of‑state doing a pool in California?
File the CSLB exemption with your home‑state comp certificate and confirm you won’t hire CA residents; otherwise, carry a California policy.

Will CSLB really show up on site?
Yes. SWIFT runs stings and sweeps statewide and issues Stop Orders for workers’ comp violations.

What happens if my policy lapses mid‑job?
Your license is suspended until proof is processed; any work performed while suspended is treated as unlicensed.

Does a “ghost policy” cover me, the owner?
Not automatically. Many owner‑only policies exclude the owner unless you elect to be included—confirm with your broker.

Could a homeowner be on the hook if the contractor has no comp?
CSLB warns consumers they can face liability exposure if a worker is injured and the contractor lacks workers’ comp.

Compliance checklist (copy/paste)

  • Verify license name, number, classifications, and comp status in CSLB’s License Check.
  • Decide: policy (owner included?) or exemption (no workers—be accurate).
  • Have your insurer e‑file your certificate to CSLB; calendar renewals 30–45 days early.
  • Collect and verify subs’ certificates (comp + GL); require AI/indemnity as appropriate.
  • Train crews on trenching, energized work, and chemical handling; document safety practices.
  • Budget for 2025–2026 premium changes using WCIRB/CDI updates as a guide.

Sources & outbound links

This overview is for general information only and isn’t legal advice. For your exact situation, confirm details with your broker and consult your attorney or CSLB.