§ 22-87. Owner builder exemptions from licensing requirements.

An owner builder is exempt from licensing for all trades listed in section 22-81 provided he performs the work himself or personally supervises all work not performed by licensed contractors. Any owner builder obtaining a permit under this exemption assumes all the duties and responsibilities of a contractor with regard to his residence; all work supervised by him which is required to be performed by licensed persons must be performed by licensed persons. Unlicensed persons supervised by him shall work only on an hourly basis, deducting and reporting all required taxes, FICA, and Social Security withholdings. In addition to such deductions, owner builders shall provide unlicensed persons with workers' compensation insurance as required by applicable law.

(1)

Private residences.

a.

No more than once in any 12-month period an owner builder, may secure a building permit for, and perform and supervise work in connection with, construction of a private single-family residence for his own occupancy, or for the maintenance of, addition to, alteration of or repair of a private single-family residence for his own occupancy; provided that work done shall conform with all applicable codes and ordinances.

b.

With the construction of more than one residence by any owner builder within any 12-month period shall be deemed construction contracting not qualifying for exemption under this section. Nothing contained in this section shall prohibit an owner builder from obtaining a building permit for or performing or supervising work in connection with, his own existing single-family residence more than once during any 12-month period.

c.

Whenever a building permit to construct a single-family residence is issued to an owner builder under this exemption, no other building permit shall be issued under this exemption to that owner builder, his spouse, or any other member of his immediate family under 18 years of age for a period of 12 months following issuance of a certificate of occupancy for a residence qualifying under this exemption, unless that residence is damaged beyond repair or is taken through condemnation.

(2)

Commercial buildings. Owners of commercial buildings shall be entitled to the same exemptions set forth herein for private residences provided that the work involves no structural changes and no trades (electric, plumbing, mechanical and roofing) which in the interest of public safety; would require licensure and an expert knowledge of construction that such alterations and/or repairs meet each and every requirement of the building code and other county ordinances pertaining to construction; and that each alteration and/or repair does not involve a total expenditure greater than $5,000.00.

(Ord. No. 2005-14, § 1, 10-6-05)