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Owner-Builder Affidavit

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  3. Owner-Builder Affidavit
    12340 NE 8 AVE North Miami, FL 33161 Phone: 305-895-9820 Fax: 305-895-9822 Permit Office Hours: 7:30 to 3:00 Monday to Friday Inspection Request: Inspect@northmiamifl.gov
  5. Disclosure Statement
    (Please read and initial 1 through 12)
  7. text 2
    The provisions of Chapter 489 F.S. require construction to be done by licensed contractors. You have applied for a permit under an exemption to that law that allows you, as the owner of your property, to act as your own contractor, even though you do not have a license. You may build or improve a one-family or two-family residence, or build or improve a commercial building at a cost of $75,000 or less in value, within any 12 month period, provided the residence or building is for your own use and occupancy. It may not be built for sale or lease. The construction must be performed according to Building Codes and Zoning Regulations. It is your responsibility to make sure that people employed by you have licenses, workers compensation, and insurance required by State law and by County licensing ordinances. You must perform, or supervise the construction yourself, and possess technical knowledge to personally supervise all permitted work, if not performed by a licensed contractor.
  9. Therefore, as the Owner/Builder, I hereby declare, understand, and agree:
    (Owner is required to initial in front of each number.)
  11. I understand that state law requires construction to be done by a licensed contractor and have applied for an owner-builder permit under an exemption from the law. The exemption specifies that I, as the owner of the property listed, may act as my own contractor with certain restrictions even though I do not have a license.
  13. I understand that building permits are not required to be signed by a property owner unless he or she is responsible for the construction and is not hiring a licensed contractor to assume responsibility.
  15. I understand that, as an owner-builder, I am the responsible party of record on a permit. I understand that I may protect myself from potential financial risk by hiring a licensed contractor and having the permit filed in his or her name instead of my own name. I also understand that a contractor is required by law to be licensed in Florida and to list his or her license numbers on permits and contracts.
  17. I understand that I may build or improve a one-family or two-family residence or a farm outbuilding. I may also build or improve a commercial building if the costs do not exceed $75,000. The building or residence must be for my own use or occupancy. It may not be built or substantially improved for sale or lease. If a building or residence that I have built or substantially improved myself is sold or leased within 1 year after the construction is complete, the law will presume that I built or substantially improved it for sale or lease, which violates the exemption.
  19. . I understand that, as the owner-builder, I must provide direct, onsite supervision of the construction.
  21. . I understand that I may not hire an unlicensed person to act as my contractor or to supervise persons working on my building or residence. It is my responsibility to ensure that the persons whom I employ have the licenses required by law and by county or municipal ordinance. I understand that, as the owner-builder, I must provide direct, onsite supervision of the construction, and I have the technical ability to supervise the work not performed by licensed contractors. I 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 my building who is not licensed must work under my direct supervision and must be employed by me, which means that I must comply with laws requiring the withholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers’ compensation for the employee. I understand that my failure to follow these laws may subject me to serious financial risk.
  23. I understand that it is a frequent practice of unlicensed persons to have the property owner obtain an owner-builder permit that erroneously implies that the property owner is providing his or her own labor and materials. I, as an owner-builder, may be held liable and subjected to serious financial risk for any injuries sustained by an unlicensed person or his or her employees while working on my property. My homeowner’s insurance may not provide coverage for those injuries. I am willfully acting as an owner-builder and am aware of the limits of my insurance coverage for injuries to workers on my property.
  25. I understand that I 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 my building who is not licensed must work under my direct supervision and must be employed by me, which means that I must comply with laws requiring the withholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers’ compensation for the employee. I understand that my failure to follow these laws may subject me to serious financial risk.
  27. I agree that, as the party legally and financially responsible for this proposed construction activity, I will abide by all applicable laws and requirements that govern owner-builders as well as employers. I also understand that the construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.
  29. I understand that I may obtain more information regarding my obligations as an employer from the Internal Revenue Service, the United States Small Business Administration, the Florida Department of Financial Services, and the Florida Department of Revenue. I also understand that I may contact the Florida Construction Industry Licensing Board at (telephone number) or (Internet website address) for more information about licensed contractors
  31. I am aware of, and consent to; an owner-builder building permit applied for in my name and understand that I am the party legally and financially responsible for the proposed construction activity at the following address:
  33. enter address
  35. . I agree to notify City of North Miami Building Division immediately of any additions, deletions, or changes to any of the information that I have provided on this disclosure.
  37. test 3
    Licensed contractors are regulated by laws designed to protect the public. If you contract with a person who does not have a license, the Construction Industry Licensing Board and Department of Business and Professional Regulation may be unable to assist you with any financial loss that you sustain as a result of a complaint. Your only remedy against an unlicensed contractor may be in civil court. It is also important for you to understand that, if an unlicensed contractor or employee of an individual or firm is injured while working on your property, you may be held liable for damages. If you obtain an owner-builder permit and wish to hire a licensed contractor, you will be responsible for verifying whether the contractor is properly licensed and the status of the contractor’s workers’ compensation coverage.
  39. test 4
    Before a building permit can be issued, this disclosure statement must be completed and signed by the property owner and returned to the local permitting agency responsible for issuing the permit. A copy of the property owner’s driver license, the notarized signature of the property owner, or other type of verification acceptable to the local permitting agency is required when the permit is issued.
  41. text 3
    Pursuant to Florida Law, Chapter 489 Part I, property owners qualified to act as their own contractor must personally appear at the building department and sign the permit application, and deliver this Affidavit.
  43. OWNER/BUILDER AFFIDAVIT & DISCLOSURE STATEMENT FORM
    I, the owner of property legally described as (attach copy of Warranty Deed):
  45. do hereby certify that I have read the foregoing, and am aware of my responsibilities and liabilities for construction work on the above described property. I do hereby covenant and agree to abide by each of the aforesaid stipulations. I further understand that any falsification of the above statements constitutes fraud and may result in revocation of this permit. I understand “Stop Work” order and/or Code Enforcement fines may also be applied to insure statutory limits recited above are honored.
  47. Owner Signature
    Owner Signature
  52. (Name of Person Acknowledging)
  54. know
  58. notary sing
    (Signature of Notary Public – State of Florida)
  59. (Print, Type, or Stamp Commissioned Name)
  61. Leave This Blank: