[CLC-Discussion] Owner Builder Permit = unlicensed contracting

Tue Apr 25 06:32:44 PDT 2023

I sort of discuss this topic in the Construction Licensing section of the Review Course.  Aside from my colorful personal comments about the Owner Builder exemption, owner builder is one of the enumerated exceptions to licensure.   If the owner builder is hiring unlicensed trades and not doing all the withholdings (tax, FICA, Social Security) then they are in violation of the Owner Builder permit.  They have to "employ" the unlicensed trade as that term is defined in 489.  That is what most of the police departments and building officials that hold the undercover stings say when they investigate the owner builder permits - that they almost always lead to the owner building committing or aiding unlicensed activity because they don't employ the trade.  It might be a stretch but they are certainly in violation of their own sworn affidavit and permit requirments.

I am not aware of any case holding that.

Christopher M. Cobb
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Monday, April 24, 2023 1:02 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner Builder Permit = unlicensed contracting

Someone at CLI told me about either a recent case with a written opinion, or a case pending with a DCA regarding a holding or potential holding that an owner builder who fails to comply with the requirements of an owner builder permit (as laid out in the sworn statement they have to complete when they apply) is considered to have engaged in the act of unlicensed contracting and/or is liable under 553.84 for violation of the building code.   Anyone remember telling me that or know the case they are talking about?

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Robert E. Doan
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