Unlicensed Contracting
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· You may obtain an owner-builder permit to install the connection on property occupied by you. You must do all the work yourself, or have it done by either (1) an unpaid person working under your supervision, (2) your employee working under your supervision and for whom you withhold employment and income taxes and provide worker’s compensation, or (3) a contractor licensed as a general contractor, a building contractor, a residential contractor, or a plumbing contractor, or
· You may retain the services of a licensed general contractor, building contractor, residential contractor, or a plumbing contractor to perform the work.
Failure to follow these rules can result in the state or the county stopping the work being done by the unlicensed contractor.In addition, before connecting the lateral to the District pipe, you must notify the District at 453-5804. The District will inspect the lateral to determine that it is properly installed and free of debris. A common problem is the presence of stones that could be washed into the District facilities, damaging them. If you do not notify the District prior to connecting the lateral, you will incur additional charges for inspection and the costs of any corrective work.Florida State Statute (§ 489.103) A contractor who performs plumbing work must be licensed appropriately, even if the homeowner supervises the work. Otherwise, the person doing the work must be an individual employee of the homeowner.(7) Owners of property when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors: (a) When building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $75,000, on such property for the occupancy or use of such owners and not offered for sale or lease. In an action brought under this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. (b) ….This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor. The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is registered or certified under this part and the work being performed is within the scope of that person's license. For the purposes of this subsection, the term "owners of property" includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section. If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued. The local permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure StatementState law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions even though you do not have a license. You must provide direct, onsite supervision of the construction yourself. You may build or improve a one-family or two-family residence or a farm outbuilding. You may also build or improve a commercial building, provided your costs do not exceed $75,000. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, the law will presume that you built or substantially improved it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. Note that the owner-builder must do more than say that an individual is an employee. The individual must actually be and employee, supervised by the owner-builder, and the owner-builder must deduct employment and income tax, and provide workers’ compensation for the employee. An owner-builder that does not do so risks a stop work notice, and liability for taxes not withheld. If the individual doing the work is injured, the owner-builder risks significant liability.§ 489.127: (4)(a) A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not enter into an agreement, oral or written, whereby his or her certification number or registration number is used, or to be used, by a person who is not certified or registered as provided for in this chapter, or used, or to be used, by a business organization that is not duly qualified as provided for in this chapter to engage in the business, or act in the capacity, of a contractor. (b) A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor.Last Updated ( Thursday, 30 April 2009 08:48 )