An engineering inspector and foreman had his application for a Florida certified building contractors license denied once the Construction Industry Licensing Board determined his significant experience with highway construction projects was not sufficient for the license sought.
After passing the written examination, and individual applied for his certified building contractors license with the Florida Department of Business and Professional Regulation. In describing his prior experience, he indicated that he had been a foreman for an engineering group that served as an engineering consultant for the Florida Department of Transportation. He also provided detailed descriptions of his experience with three specific projects:
Highway Project #1 - Inspected four lane highway and toll facilities construction to ensure compliance with applicable FDOT and contractual requirements to ensure soundness of facilities being built
Highway Project # 2 - Inspected bridge construction, including walls, earth reinforcement, sidewalks, and asphalt to ensure work was performed pursuant to contract documents. Also had the authority to question the work of the crews performing it and redirect efforts to ensure correct performance of the work. Was also able to recommend to superiors that work be stopped if needed.
Highway Project #3 - Supervised inspections of construction multiple small bridges, animal crossings, noise walls, drainage, curbs, and sidewalks, and utility installation
In evaluating whether this was sufficient experience, the Construction Industry Licensing Board first looked to several Florida statues governing building contractors:
489.105(3)(b), Florida Statutes, which defines building contractor:
(b) “Building contractor” means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building.
489.111(2)(c)(2), Florida Statutes, which sets for the following experience requirements:
Has a total of at least 4 years of active experience as a worker who has learned the trade by serving an apprenticeship as a skilled worker who is able to command the rate of a mechanic in the particular trade or as a foreman who is in charge of a group of workers and usually is responsible to a superintendent or a contractor or his or her equivalent; provided, however, that at least 1 year of active experience shall be as a foreman.
and Florida Administrative Code 61G4-15.001(2)(a), which provides the following guidance on applicant qualifications:
In the case of applicants for certification in the general or building contractor categories, the phrases “active experience” and “proven experience” as used in section 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean commercial construction experience involving construction, erection, alteration, or modification of buildings and structures with any use and occupancy classification except storage, utility, and miscellaneous structures of an accessory character including but not limited to agricultural buildings, aircraft hangers, barns, carports, garages, sheds, silos, tanks, towers, and any work exempted pursuant to section 489.103, F.S. Commercial experience must be in four or more of the following areas:
1. Foundations or Slabs in excess of twenty thousand (20,000) square feet.
2. Masonry walls.
3. Steel erection.
4. Elevated slabs.
5. Column erection.
6. Formwork for structural reinforced concrete.
The Construction Industry Licensing Board also considered an exemption to Chapter 489, Florida Statutes, which indicates that it does not apply to “[c]ontractors in work on bridges, roads, streets, highways, or railroads, and services incidental thereto.”
Taking these statutes and rules into account, along with the individuals experience, the Board determined that his experience did not meet the requirements for a certified building contractor. This conclusion was underscored by the individual’s admission that he had never built a single, two, or three story habitable commercial or residential building. The board concluded its denial by noting that construction engineering inspections does not constitute construction experience and that the relevant rules require applicants to have active experience in the category in which the applicant seeks to qualify.
The key takeaway from this decision is to recognize that while there are many professions and roles that involve construction and that are necessary to successful projects, they do not always translate automatically into the ability to be licensed to perform construction. Before submitting an application, be sure that you can meet at least one of the qualification categories. Otherwise, the Board is likely to deny your application.