How to Start a Roofing Company in Kansas

Work out first whether the act reaches you, because it probably does

The Kansas roofing registration act is K.S.A. 50-6,121 through 50-6,138. Its scope is set by what you do, not by what you call yourself, and the definition is deliberately wide. K.S.A. 50-6,122(a)(1) defines a roofing contractor as any person, "including a subcontractor and nonresident contractor", who in the ordinary course of business "engages in the business of commercial or residential roofing services for a fee" or "offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration and waterproofing."

Note what is inside that: commercial and residential both, subcontractors as well as prime contractors, out-of-state companies, repair and maintenance as well as replacement, waterproofing, and merely offering or soliciting the work. A general remodeller who sells a re-roof as part of a larger job is inside it unless an exemption applies.

The act names three people who are not roofing contractors for its purposes. K.S.A. 50-6,122(a)(2) excludes a person engaged in demolition of a structure or cleanup of construction waste and debris containing roofing material, a person "working under the direct supervision of the roofing contractor and who is hired by such roofing contractor as an employee or day laborer", and "an exempt general contractor". Your crew, in other words, does not each need their own certificate; the company does.

The exempt general contractor route is real but narrow, and it is defined in K.S.A. 50-6,122(e). One version applies where the general contractor performs roofing itself as part of a larger project: it must be in compliance with all requirements to do business in Kansas "including any municipality or county requirements", the roofing services must "not constitute more than 50% of the total project cost", and neither it nor its agents may engage in "door-to-door sales" as defined in K.S.A. 50-640(c)(1). The other applies where the general contractor subcontracts the roofing out entirely, does none of it, does not directly supervise the roofing contractor's people, uses a roofing contractor holding an active registration in good standing, keeps a copy of that certificate "available for inspection during business hours at the location where roofing services are being provided", and has a contract making the roofing contractor responsible for the work. Both versions put the burden on the general contractor to prove the exemption "by a preponderance of the evidence" if the Attorney General asks.

Official sources: K.S.A. 50-6,121: Kansas roofing registration act, citation; K.S.A. 50-6,122: Kansas roofing registration act, definitions

The $2,000 exemption, and the sign on your truck that destroys it

K.S.A. 50-6,129 lists who the act does not apply to, and most of the list is what you would expect: an actual owner of commercial, residential or farm property working on their own property without the assistance of a registered roofing contractor; authorised employees or representatives of federal, state, county or municipal government; a person furnishing a fabricated or finished product not incorporated into or attached to real property by that person; employees of manufactured and modular home manufacturers or dealers; manufactured home installers acting within the scope of that licence; and persons registered as home inspectors under K.S.A. 58-4501 et seq. while performing functions under that act.

The one that matters commercially is K.S.A. 50-6,129(a)(8), the small-job exemption. It covers a person providing roofing services "that on each and every undertaking or project during any fiscal year bear an aggregate price, including labor, materials and all other items, that is quoted, bid, offered, agreed, contracted, billed, collected and paid at less than $2,000." Read the mechanics of that carefully: it aggregates labour and materials, it applies to each and every project across the fiscal year rather than to one favourable job, and it is written against the whole chain from quoting through collection.

And then the sentence that ends it for almost every real business: "This exemption does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that the person is a roofing contractor or that the person is qualified to engage in the business of a roofing contractor." A yard sign, a business card, a van wrap or a website listing roofing is enough. If you intend to market roofing at all, plan on registering and treat the $2,000 line as irrelevant to you.

One further point for anyone chasing public work: K.S.A. 50-6,129(b) provides that "any administrative or governing body with authority to enter into public contracts shall require individual roofing contractor registration for purposes of such persons submitting or entering into any bid or contract." There is no small-job route into public bidding.

Official sources: K.S.A. 50-6,129: Exemptions

Registering: what goes in the file and how long it takes

K.S.A. 50-6,125(a)(1) requires an applicant at least 18 years of age to submit an application under oath containing a statement of the applicant's experience and qualifications as a roofing contractor "if any", the applicant's name, physical address, business name and address, information on any other person authorised to act as the business entity, and a phone number. Note the "if any": this is a registration, not a competency licence, and there is no state roofing examination.

Three attachments carry the weight. Liability insurance "shall be not less than $500,000". Proof satisfactory to the Attorney General of "either workers' compensation coverage satisfactory under the workers' compensation act or an affidavit of exemption or self-insurance as authorized pursuant to the workers' compensation act". And a current tax clearance certificate or letter from the Kansas Department of Revenue, whose absence is a listed ground for refusal under K.S.A. 50-6,125(b)(6). A nonresident applicant must additionally appoint the secretary of state as legal agent for service of process.

The application also asks you to state under oath whether you have been registered or licensed as a roofing contractor in another state, whether disciplinary action was taken, and whether that credential is currently in good standing. K.S.A. 50-6,126 requires a felony disclosure under oath on every application and renewal, and provides that "conviction of an offense shall not disqualify a person from registration as a roofing contractor under this act, provided the applicant has truthfully disclosed the conviction and nature of the offense." The Attorney General may run a criminal history check, but may take no adverse action "until the person has been notified and given an opportunity to respond in writing."

On timing, K.S.A. 50-6,130 requires the Attorney General to issue or deny within 60 calendar days of application, and provides that nothing issues until all documentation and fees are in. The certificate runs to the end of the current fiscal year ending June 30, "except that an initial registration certificate issued in May or June is valid until June 30 of the subsequent year". If a denial comes back, K.S.A. 50-6,125(c) gives you 10 days from written notification to cure the defect, then either an appeal under the Kansas administrative procedure act or a fresh application after a 90-day waiting period, and it states flatly that "all application, renewal and reapplication fees shall not be refundable."

• Applicant at least 18, application under oath, experience stated "if any" - no state exam.
• Liability insurance certificate not less than $500,000, filed with the application.
• Workers' compensation coverage, or an affidavit of exemption or self-insurance.
• Current Kansas Department of Revenue tax clearance certificate or letter.
• Nonresident applicants appoint the secretary of state as agent for service of process.
• Issue or deny within 60 calendar days; 10 days to cure a defect; fees non-refundable.

Official sources: K.S.A. 50-6,125: Registration application requirements; K.S.A. 50-6,126: Criminal history record inquiry; K.S.A. 50-6,130: Application for registration, time limit for processing

What the fees can legally be, and why this guide will not quote a price

The act does not set the roofing fees itself. K.S.A. 50-6,124(c)(1) authorises the Attorney General to adopt rules and regulations covering "fees necessary to fund the expenses and operating costs incurred in the administration and enforcement of the provisions of this act", and the fee sections then cap what those rules may charge.

Those caps are: an application fee "which shall not exceed $500 for the annual registration certificate" and a renewal fee that "shall not exceed $500" (K.S.A. 50-6,128(a) and (e)); a late fee "set by the attorney general but shall not exceed $300" (K.S.A. 50-6,132(c)); a fee for a name or address change "not to exceed $25" (K.S.A. 50-6,131); a fee equal to twice the normal amount for renewing a certificate suspended before the June 30 renewal date (K.S.A. 50-6,132(d)(1)); and a reinstatement fee for a revoked certificate "not to exceed $500 plus the fee established by K.S.A. 50-6,128" (K.S.A. 50-6,132(d)(2)). K.S.A. 50-6,128(d) allows the initial fee to be prorated as set by the Attorney General.

We do not print an actual current price for any of these, and the reason is worth stating plainly rather than hiding. The Attorney General's website was returning HTTP 403 to every request while this guide was written, so no current published figure was read, and we are not going to guess at a number that a reader would take to the bank. Treat every figure above as a ceiling set by the legislature, not as the price. Get the current fee schedule from the Attorney General before you file.

Official sources: K.S.A. 50-6,124: Administration of act; rules and regulations; K.S.A. 50-6,128: Fees; roofing contractor registration fund; K.S.A. 50-6,132: Registration certificate renewal; reinstatement fee; K.S.A. 50-6,131: Notification of attorney general required, when; fees

Staying in good standing, which is a defined status with teeth

"Not in good standing" is not a figure of speech in this act. K.S.A. 50-6,125(d) requires the Attorney General to classify a registration as not in good standing where the roofing contractor fails to maintain liability insurance; fails to maintain workers' compensation coverage or an affidavit of exemption or self-insurance; fails to maintain active corporate, LLC, LLP or LP status with the Secretary of State; fails to maintain or renew the roofing registration; fails to notify the Attorney General of a specified act or omission; fails to maintain a required registration in another state as a nonresident; or fails to "file and pay all taxes when due in this state."

The consequences start immediately on notice. K.S.A. 50-6,125(e) provides that a contractor notified that its registration is not in good standing "shall cease soliciting or entering new roofing services and projects as of the date of such notification", though it may complete projects where physical work had already begun. If the deficiency is not corrected within 30 days of the notice, or if the contractor solicits or enters new contracts while not in good standing, suspended or revoked, it is in violation of the act, and "any registration certificate that is not in good standing shall be revoked 30 days from the date of notification."

Two housekeeping duties prevent most of this. K.S.A. 50-6,131 requires notice to the Attorney General "not later than 10 days after the date of a change in a roofing contractor's name, address or legal service agent", or on ceasing business, and provides that doing business under a new business name or changing the legal status of the business "requires issuance of a new registration certificate" rather than an amendment. K.S.A. 50-6,127 adds the operating rules: the certificate number must be valid and in good standing "at the time of soliciting a project and during subsequent job performance", must be submitted when applying for any state or local permit for roofing services and written on each permit issued, and cannot be shared or used by any other individual or business entity, although a business unit may be granted a single certificate number for use by designated roofing contractors acting as its agents.

Official sources: K.S.A. 50-6,125: Registration application requirements; K.S.A. 50-6,131: Notification of attorney general required, when; fees; K.S.A. 50-6,127: Duties of roofing contractor

The rest of the Kansas roofing business: entity, tax, crew, payment

The state registration is the roofing-specific layer. Underneath it sits the same Kansas setup every contractor does, plus your city or county licence, which the Kansas Business Center construction starter kit confirms is set locally and which this guide does not attempt to specify.

The entity comes first, and for roofers it is not merely optional: K.S.A. 50-6,125(d)(3) makes failure to maintain active status with the Secretary of State a good-standing failure if you are registered as an entity. A Kansas LLC is $85 online or $90 on paper, needs a resident agent and a Kansas registered office that "can't be a PO box", and then owes a biennial information report due April 15 of its odd or even year. Tax registration is next, and a roofer is likely to need a sales tax number: KDOR Pub. KS-1525 exempts contractors performing "only original construction or residential labor services" from registering, and a roofing company doing commercial re-roofs is performing taxable labour services. Remember also that K.S.A. 50-6,125(b)(6) and 50-6,132(a)(2) put a Department of Revenue tax clearance in the middle of your registration and renewal file, so tax compliance is roofing compliance.

Crew obligations arrive with the first hire. K.S.A. 44-505(a) excepts employers with a "total gross annual payroll for the preceding calendar year of not more than $20,000 for all employees" from the workers compensation act, excluding wages paid to family members by marriage or consanguinity, and one crew will clear that in a season. K.S.A. 75-5743(a) requires each new employee to be reported to the secretary of labor "within 20 business days" of hiring, rehiring or return to work, and treats an employee separated for "at least 60 consecutive days" as a new hire again, which is exactly the pattern of seasonal roofing labour. One caution: this project's own Department of Labor source note records that deadline as 20 days rather than 20 business days, dol.ks.gov was 403-blocked so the agency wording could not be re-read, and until it is, work to the shorter reading.

One more for storm work: renovation in pre-1978 housing brings KDHE's lead rules into play, requiring individual certification and a Lead Activity Firm or Lead Renovation Firm licence. And if a customer does not pay, K.S.A. 60-1102(a) gives you four months from the last day labour was performed or materials last furnished to file a verified lien statement with the clerk of the district court, with the five-month extension available only on non-residential property and only if a notice of extension was filed within the original four months.

Official sources: Kansas Business Center: Construction and Contracting Starter Kit; Kansas Secretary of State Form DL: Articles of Organization (LLC); Kansas Secretary of State: Information Reports; Kansas Secretary of State: Register a Business; KDOR Pub. KS-1525: Business Taxes for Contractors, Subcontractors, and Repairmen; Kansas Department of Revenue: Business Registration; K.S.A. 50-6,125: Registration application requirements; K.S.A. 50-6,132: Registration certificate renewal; reinstatement fee; K.S.A. 44-505: Workers compensation act, application; K.S.A. 75-5743: New hire reporting, duty to submit information; KDHE: Residential Lead Hazard Prevention Program licensing; K.S.A. 60-1102: Filing and recording of lien statement

Check the official page yourself before you file, bid or sign

Kansas spreads contractor rules across more agencies than most states, and no single page carries all of it: the Secretary of State for the entity, the Department of Revenue for tax registration and returns, the Attorney General for roofing registration, KDHE for water wells and lead, the State Fire Marshal for elevators, the Department of Labor for employer obligations, and then your own city or county for the licence itself. Each one changes on its own schedule.

Two Kansas agency sites were returning HTTP 403 to us when this guide was written: ag.ks.gov and dol.ks.gov. Nothing published by either is quoted here, which is why you will find no Attorney General roofing fee figure and no Kansas unemployment tax rate anywhere on this page. The statutory fee caps are stated because the statutes are readable on ksrevisor.gov; the actual current fees are set by the Attorney General and you have to get those from the Attorney General. Open the agency page yourself, keep a dated copy of what you read, and call before you pay anything non-refundable.

Official sources: K.S.A. 50-6,128: Fees; roofing contractor registration fund; Kansas Business Center (Business One Stop)