§ 8-27. Exemptions.

Exemptions to this code shall be as follows:

(1)

Contractors that work on bridges, roads, streets, highways, or railroads.

(2)

Any employee of a certificate holder who is acting within the scope of the license held by that certificate holder and with the knowledge and permission of the license holder. However, if the employer is not a certificate holder in that type of contracting and the employee performs any of the following, the employee is not exempt:

a.

Holds himself or his employer out to be licensed or qualified by a licensee;

b.

Leads the consumer to believe that the employee has an ownership or management interest in the company; or

c.

Performs any of the acts which constitute contracting.

The intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions.

For the purpose of this part, "employee" is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers' compensation, all as prescribed by law.

(3)

An authorized employee of the United States, this state, or any municipality, county, irrigation district, reclamation district, or other political subdivision, except school boards, the Board of Regents, and community colleges, unless for the purpose of performing routine maintenance or repair or construction not exceeding two hundred thousand dollars ($200,000.00) to existing installations; if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. If the construction, remodeling, or improvement exceeds two hundred thousand dollars ($200,000.00), the school board, the Board of Regents, and community colleges shall not divide the project into separate components for the purpose of evading this section.

(4)

An officer appointed by a court when he is acting within the scope of his office as defined by law or court order. When construction projects which were not underway at the time of appointment of the officer are undertaken, the officer shall employ or contract with a licensee.

(5)

Public utilities, including telecommunications companies as defined in Chapter 364.02(7), Florida Statutes, on construction, maintenance, and development work performed by their employees. Including, but not limited to, work on bridges, roads, streets, highways, or railroads, which work is incidental to their business.

(6)

The sale or installation of any finished products, materials, or articles of merchandise which are not fabricated into and do not become a permanent fixed part of the structure, except for in-ground spas and swimming pools that involve excavation, plumbing, chemicals, or wiring of any appliance without a factory-installed electrical cord and plug. This subsection shall not be construed to limit the exemptions provided in subsection (7).

(7)

Owners of property when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors, 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 twenty-five thousand dollars ($25,000.00) on such property for the occupancy or use of such owners and not offered for sale or lease. In an action brought under this code, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within one year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. 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 code and state law 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 and a person who is the owner of any legal or equitable interest in the property (lease, agreement for deed, contract for deed etc.). The owner of a mobile home situated on a leased lot or a person having legal or equitable interest in the property as described above, must furnish with the permit application: proof of ownership in the form of a copy of a lease, contract for deed or other similar document; and written consent from the owner of record (as determined by county computer records) authorizing the issuance of an owner/builder permit for the construction. To qualify for exemption under this subsection, an owner must personally appear and sign the permit application and a disclosure statement.

A disclosure statement shall be in substantially the following form:

"Disclosure Statement"

State 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.

1.

You must provide direct, on-site supervision of the construction yourself.

2.

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 at a cost of twenty-five thousand dollars ($25,000.00).

3.

The building 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 one 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. Additional permits may not be issued to a violator of this exemption. Penalties will be sought against a violator/unlicensed contractor.

4.

You may not hire an unlicensed person to act as your contractor or to supervise people working on your building.

5.

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. Any person working on your building who is not duly 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 worker's compensation for the employee, all as prescribed by law.

6.

You may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work being done.

7.

Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.

8.

You must furnish copies of all contracts concerning the work being permitted, if requested.

9.

You must change the permit from your name to a licensed contractor if you hire a contractor to complete the work.

As the owner/contractor on this permit, you understand that you are responsible for all work performed pursuant to this permit. Hernando County will look to you for corrections of any deficiencies in the work. Violating this exemption is grounds for permit revocation. The Building Official shall have the authority to require you to secure a licensed contractor to complete the work authorized under this permit if inspections by the Building Division reveal that you are not competent to accomplish the construction.

___________
 "Owner's Signature"

(8)

Any construction, alteration, improvement, or repair carried on within the limits of any site, the title to which is in the United States or with respect to which federal law supersedes this part.

(9)

Any work or operation of a casual, minor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than one thousand dollars ($1,000.00), but this exemption does not apply:

a.

If the construction, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars ($1,000.00) for the purpose of evading this code.

b.

To a person who advertises that he is a contractor or otherwise represents that he is qualified to engage in contracting.

c.

If the construction, repair, remodeling, or improvement involves or consists of the acts as set forth in section 8-27(8) of this code.

(10)

a.

Any construction or operation incidental to the construction or repair of irrigation and drainage ditches;

b.

Regularly constituted irrigation districts or reclamation districts; or,

c.

Clearing or other work on the land in rural districts for fire prevention purposes or otherwise except when performed by a licensee.

(11)

A registered architect or engineer acting within the scope of his practice or any person exempted by the law regulating architects and engineers, including persons doing design work as specified in Chapter 481.229(1)(b), Florida Statutes; provided, however, that an architect or engineer shall not act as a contractor unless properly licensed.

(12)

Any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor.

(13)

Any person who is licensed pursuant to Chapter 527, Florida Statutes when such person is performing the work authorized by such license.

(14)

Any person who sells, services, or installs heating or air conditioning units which have a capacity no greater than three (3) tons or thirty-six thousand (36,000) Btu, which have no ducts, and which have a factory-installed electrical cord and plug.

(15)

The installation and maintenance of water conditioning units for domestic, commercial, or industrial purposes by operators of water conditioning services.

(16)

An architect or landscape architect licensed pursuant to Chapter 481, Florida Statutes, or an engineer licensed pursuant to Chapter 471, Florida Statutes, who offers or renders design-build services which may require the services of a contractor certified or registered pursuant to the provisions of this chapter, as long as the contractor services to be performed under the terms of the design-build contract are offered and rendered by a certified or registered general contractor in accordance with this chapter.

(17)

The installation of alarm systems on motor vehicles and boats.

(18)

Any person defined and licensed as a fire protection system contractor under Chapter 633, Florida Statutes, while engaged in work as a fire protection system contractor.

(19)

The installation of, repair of, alteration of, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, and conduit, or any part thereof, when those items are for the purpose of transmitting data, voice communications, or commands as part of:

a.

A system of telecommunications, including computers, telephone customer premises equipment, or premises wiring; or

b.

A community antenna television or radio distribution system.

(20)

Any one-family, two-family, or three-family residence constructed by Habitat for Humanity International, Inc., or its local affiliates. Habitat for Humanity International, Inc., or its local affiliates, must:

a.

Obtain all necessary building permits.

b.

Obtain all required building inspections.

c.

Provide for supervision of all work by an individual with construction experience.

This exemption does not apply to electrical and such work requires licensure as provided and required by this code.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 1, 1-6-04; Ord. No. 2004-04, § 1, 3-30-04)