Building Department
Director: Harold Law
A Consumer’s Guide to Choosing the Right Contractor
2006
The City of Sanibel is committed to protecting its residents from unlicensed contractor activities. The City of Sanibel has adopted an ordinance which enables fines to be levied against violators. Working without the proper license is against the law. Homeowners can protect themselves by avoiding unlicensed contractors. Residents should be aware of what can happen if they hire an unlicensed contractor. If the work is not done to code there is no recourse against the unlicensed contractor, other than through the civil courts. In addition, the property owner is liable for all corrections that need to be made to achieve code compliance. NOTE: A Handyman is not a licensed contractor and cannot obtain building permits.
A Recorded Notice of Commencement (NOC): is required for all Work that Exceeds $2,500.00. (Except heat and air conditioning work, where the limit is $7,500.00.) The Notice of Commencement (NOC) notes the intent to Begin Improvements, the Location of the Property, description of the Work and the Amount of Bond, (if any). It also identifies the Property Owner, Contractor, lender, surety and other Pertinent Information. Failure to Record an NOC, could Contribute to your Paying Twice for the same work or Materials. It must be recorded with the Clerk of the Courts in Lee County and a copy must be in the Building Department prior to the first inspection.
Early warning signs of an unlicensed contractor:
v A large down payment is requested before work begins.
v Many requests for money during early phases of construction.
v The homeowner is asked to obtain the permit.
v Verbal contract only, the person is not willing to put all terms in writing.
v The contractor does not have proof of insurance.
v The contractor informs the homeowner that the job does not require a permit or inspection. (To verify if a permit is actually required, call the Building Department at 239-472-4555.)
v The contractor is only willing to work on weekends or after hours.
v Contractor displays only an occupational license. (An occupational license is not a license to perform construction work)
v The homeowner is asked to make check payable to an individual when the contract is with a company, or asked to make payments in cash, or make checks payable to “cash”.
v Advertisements where only the telephone number appears and there is not a business address or license number.
v License numbers are not on the vehicle, business cards, contracts, newspapers or yellow page advertisements.
The homeowner can also ask questions.
1. Ask what type of license they have. The license should be issued from the City of Sanibel or the Department of Business and Professional Regulation.
2. Ask to see a copy of their license. To lawfully engage in contracting, a contractor must be either State Certified, State Registered or Locally Licensed and have the card on their person.
3. Ask for a copy of their liability and workman’s compensation insurance. Licensed contractors must have general liability and workman’s compensation insurance in force at all times.
Below are web-sites you may find helpful.
City of Sanibel www.mysanibel.com
Federal Emergency Management Agency www.fema.gov
Environmental Protection Agency www.epa.gov
Centers for Disease Control www.cdc.gov
Institute for Business & Home Safety www.ibhs.org
Department of Community Affairs www.dca..org
Florida Building Codes www.floridabuilding.org
Workers Compensation www.fldfs.com
Florida Statutes www.flsenate.gov
Lee County Property Appraiser www.leepa.org
Sanibel-Captiva Chamber of Commerce www.sanibel-captiva.org
To File a Complaint on a Contractor:
For Locally licensed: please contact the City of Sanibel Building Department at 239-472-4555. A Contractor Complaint form is also on the web at www.mysanibel.com. under city forms/building department.
You can also write to the State for State Licensed contractors at:
Department of Business & Professional Regulations
1940 N. Monroe Street
Tallahassee, Fl 32399-0782
HELPFUL TERMS:
Development Permit – Is always required when changing the exterior features of a home or property.
Building Permit – Any work over $750.00 requires a building permit.
If you are found doing work without a building permit, minimally the Building Inspector will issue a “Stop Work Order“ until you obtain the proper building permit. The minimum penalty for doing work without a permit is that you will be charged twice the normal fee for the building permit for the type of work you are having done. (All construction will remain on hold, until all necessary approvals are obtained). If the work being done is in violation of the Building Codes or Zoning Requirements, the work must be changed to comply or the work must be undone. Matters of Non-compliance are referred to the City’s Code Enforcement, which has the Authority to review the case and impose fines up to $250.00 per day until Compliance is achieved.
Owner Builders:
State law requires construction to be done by Licensed Contractors. You may apply for an exemption to that Law, if you are the owner of the subject property. You may do so only if it is for your own use, you must supervise the construction yourself and you may not sell or lease the property for one year. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. You need to understand that City staff is not there to design, alter, nor give advice on how to meet the Codes; only to ensure that structure meets the minimum code. Homeowners who hire unlicensed contractors face several potentially costly penalties. The City of Sanibel can issue an order to stop construction and can levy a $5,000.00 fine for aiding and abetting unlicensed contractors.
Should you encounter an emergency situation, i.e. flood/wind repairs, you need to secure a Contractor who can assist you through this time. Make sure they are Certified or Registered with the State of Florida as a Building Contractor, General Contractor or Residential Builder. Ask to see their State License.