Licensing / Contractor Issues

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Which of the following is NOT correct?

A)     Any person who falsely holds himself out to be a licensed contractor is guilty of a first degree misdemeanor.

B)     The county, municipal, or local licensing board may issue a cease and desist order to anyone engaged in contracting without a valid license.

C)    A contract entered into by an unlicensed contractor is legally enforceable.

D)    In any action against an unlicensed contractor for injuries resulting from negligence, the consumer is entitled to three times the actual damages sustained.

Penalties for Unlicensed Activity Contractors Manual 2-14

Engaging in contracting services or holding oneself out to be a contractor without first obtaining a license is a violation of Florida law. Any person who falsely holds himself out to be a licensed contractor or who engages in contracting without first obtaining a license is guilty of a first-degree misdemeanor, and a second offense is a third-degree felony.
The Department of Business and Professional Regulation or a county, municipal, or local licensing board may issue a cease and desist order to prohibit any person from engaging in the business of contracting without a valid license.

Any contract entered into by a contractor not licensed pursuant to Part I (construction) or Part II (electrical/alarm system) of Chapter 489, Florida Statutes, is legally unenforceable.

Any person who performs an activity requiring state licensure as a contractor is guilty of unlicensed contracting if he or she does not hold a valid state certificate or registration, regardless of whether he or she holds a local contractor license or certificate of competency. Persons who engage in contracting outside the geographical scope of their registration is also guilty of unlicensed contracting. Local building departments are prohibited from issuing a building permit to any contractor or person holding themselves out as a contractor, who does not hold a valid active state certificate or a registration in the category of work covered by the permit. Possession of a local contractor license or certificate of competency is not sufficient to obtain a building permit as a construction contractor if the activity in question requires state licensure.

In addition, in any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer is entitled to three times the actual damages sustained and costs and attorney’s fees if the contractor is neither certified by the state nor licensed pursuant to the laws of the city or county in which he does business.

Which type of contract is most likely not negotiated?

A)     Fixed-Price
B)     Cost-Plus
C)    Lump Sum
D)    Guaranteed Maximum Price

Types of Contracts – Contractors Manual 10-34

One division includes those contracts for which the contractor is selected on the basis of competitive
bidding (typically fixed-price).

The second major division of construction contracts consists of those that result from direct owner-contractor negotiations. Negotiated contracts can be on any mutually agreeable basis: lump-sum, cost-plus-fee and G.M.P. (Guaranteed Maximum Price).

Power Shovel & Pythagorean

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If a power shovel and operator can excavate 39 cubic yards per hour at an hourly rate of $25.00, what will be the approximate total cost for excavation of an area measuring 120′ – 0″ x 70′ – 0″ x 8′ – 0″? Select the closest answer.

A. $1,595.44
B. $641.00
C. $2,488.89
D. $6,720.00

Answer A
120 x 70 x 8 /27 = 2488.89 / 39 = 63.8 x $25 = 1,595.44

If the outside dimensions of a building are 124′ – 6″ x 142′ – 0″, the diagonal distance from corner to corner of the building should be___________ Select the closest answer.

A. 188′ – 0″
B. 188′ – 4″
C. 188′ – 6″
D. 188′ – 10″

Answer D – Pythagorean

Maintenance on a Florida Home

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Once you’ve purchased your Florida home there are several very important and new responsibilities you inherit. The maintenance of your Florida home should be a top priority. The correct Preventative maintenance can save you thousands of in-home repairs over the years. Here are several steps you should take on a monthly, bi-annual, and annual basis.

Monthly Checklist

Check the air filter in a/c and clean or replace it as necessary.
Vacuum air supply and air return register to remove dust.
Check fire extinguishers to ensure they are fully charged.
Clean disposal blades by grinding up ice cubes. Freshen with citrus fruit rinds and baking soda.
Check for cracks and separations in caulking around the following: sinks, bathtubs, toilets, faucets, countertops, backsplashes, ceramic tile walls, ceramic floors, window sills, and any other areas.
Clean or replace the dirty filters in the range hood fan.
Adjust sprinkler heads for proper coverage.

6-Month Checklist

  • Check exterior windows and doors caulking.
  • Inspect exterior paint surfaces, touch-up as needed.
  • Check screws on door locksets and hardware, tighten up.
  • Test and clean smoke detectors and change the batteries if needed.
  • Lubricate bi-fold and by-pass doors if necessary.
  • Clean sliding door tracks, apply silicone spray. (not oil)
  • oil moving parts of the garage door.
  • Check fire extinguishers to ensure they are fully charged.
  • Check electrical extension and appliance cords.
  • Visually inspect the roof from the ground for broken shingles.
  • Check and clean gutters and downspouts.
  • Have a contractor perform a seasonal check-up on your a/c.
  • Check water supply lines and valves for leaks.
  • Inspect windows and screens for their condition.

Annual Checklist

  • Repeat your six- month inspection and maintenance.
  • Check attic vents for insulation blockage.
  • Inspect inside the attic for signs of roof leaks.
  • Check cabinet drawers and hinges for proper alignment.
  • Have chimney professionally cleaned as necessary.
  • Remove water heater residue. Follow instructions in the plumbing section of your home maintenance manual.
  • Pressure clean roof tiles, pool deck, driveway, and walks.

Concrete Tank

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Given: A circular concrete tank with an inside diameter of 28 feet, a wall thickness of 6 inches, and a tank wall height of 10 feet calculate the net volume of concrete in the tank wall.

A. Between 9 and 11 cubic yards.
B. Between 11 and 13 cubic yards.
C. Between 13 and 15 cubic yards.
D. More than 15 cubic yards.

Answer: D

3.14 x r x r x d / 27 = cy
Take inside at diameter of 28′, outside of 29’… subtract missing area from entire area.

Davis Bacon Act

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A contractor pays an employee $15 per hour with $10 per hour in fringe benefits. As per the Davis Bacon Act, what would this employee’s overtime rate be?

(a)     $22.50
(b)     $25.00
(c)     $32.50
(d)     $37.50

3-129
Overtime

Overtime hours are defined as all hours worked on the site of the work in excess of 40 hours in any work week. Overtime hours must be paid at no less than on and on-half times the regular rate of basic pay plus the straight time rate of any required fringe benefits.

Therefore:

$15 (regular rate per hour) x 1 ½  = $22.50
$22.50 + $10 fringe benefits = $32.50

Product Approval Application to the 7th Edition (2020) Florida Building Code

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Construction gets more EXCITING each and every year here in Florida… We’re Riding the Short Bus!

RE: Product Approval Application to the 7th Edition (2020) Florida Building Code – Will be accepted starting July 1, 2020

Fees – Application(s) fees will be waived between July 1, 2020 and December 31, 2020 for all submittal including those for the 6thEdition (2017) Florida Building Code

This is to inform you that the 7th Edition (2020) Florida Building Code (FBC) is slated to go into effect December 31, 2020.  

Building permit applications submitted on or after that date should demonstrate compliance with the new code. Likewise, the Florida Building Commission (the Commission) and Florida Department of Business and Professional Regulation (DBPR) approved products will also have to demonstrate compliance with the new edition of the code by the effective date or risk being rejected by local building departments.

Starting July 1, 2020, the product approval application process for demonstrating compliance with the 7th Edition (202) Florida Building Code will commence and the updated Building Code Information System (BCIS)/Product Approval Module will be available to accept applications for compliance with new code.  In preparation for your submittal, please take notes of the following:

Please go on-line at www.floridabuilding.org to check the compliance status of your product(s) by comparing the code sections and standards listed on your approval to those found in the new code. The draft of the new code is available for review at the following link: 

https://codes.iccsafe.org/category/Florida?year[]=2020&page=1

If the code change has affected the compliance of your product, please submit a revision to reflect compliance with the appropriate section number(s) or standard(s) of the new code edition. Revisions have to be validated and approved by the Commission or (DBPR) as applicable. The current approved status of your product(s) will remain in effect during the revision process.  Once the revision is approved, your product will be assigned a “-R1” designation following the current FL number.  For example, if your current approval number is FL9876 and the first revision gets approved, the new approval number will be FL9876-R1.

If the code change has not affected the compliance of your product, you can use the “self-affirmation” process to attest to that effect. Before starting the self-affirmation process, please contact our office at (850) 487-1824 to make sure that your application can be self-affirmed. The self-affirmation process allows you to change the code version, but does not allow you to edit the application.   Please note that self-affirmation is not subject to the normal application review process and thus, if complete, the application gets approved within a few days.  In addition, as part of application for self-affirmation, if the evaluation report refers to the previous edition of the Code, the manufacturer of the approved product must submit a statement from an approved evaluation or validation entity confirming that the product complies with the subsequent code version via an attachment uploaded and submitted through the BCIS.

In order to allow for compliance with the new Code and at the same time continue the 2017 code as the searchable default code version in the Building Code Information System (BCIS), we will add a 2020 code version “Pre-2020” to the code version drop down.  This would allow products approved under the 2017 code to remain searchable. To search for 2020 code products, the code version must be manually changed to “Pre-2020”. 

Please feel free to contact our office at 850-487-1824 should you have any further questions or concerns regarding changes to your applications.

Thank you!

Sincerely,

Building Codes and Standards Office
Mo Madani, Program Manager
Florida Department of Business and Professional Regulations
Building Codes and Standards
http://www.floridabuilding.org

Von Sow Carpenter Award

IMG_4387Yes, it’s the coveted “Von Sow Carpenter Award”. The contractor who gives the best video testimonial for us this year keeps the award for 1 year, and receives a listing on the “Page of Fame”. All you have to do is send me a video testimonial, I’ll post it on YouTube and the one with the most likes on Dec. 31, 2020, wins the award for the year!

Of course, you’ll be interviewed 

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