Designated Employee

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AhKnuts

Member
Location
Sarasota FL
Occupation
Civil Construction
Ive looked throughout the posts in the forum here and cant find the reference to the applicable law (I'm assuming there is one) that allows a license holder in a large business (for example T-Mobile) to designate another individual to sign permit applications on their behalf. We are doing upwards of 20 permit applications per day. We have two dedicated permitting personnel that coordinate with the individual JHAs however it would really help if I didn't have to come into the office every day to sign applications. Is there a specific law (or legal way) I can designate someone to sign electrical permit applications on my behalf?
 
I've never seen any AHJ not accept a signed 'letter of authorization' listing names of people authorized to represent the company for that purpose. Signed by CEO or owner of the company.
 
Interesting. I have always been of the understanding that license holder (qualifier) has to sign each permit application. If it is truly that simple that could be a HUGE timesaver.
 
I’ve only had one jurisdiction not accept it. They wanted the license holder to personally sign before them. So I had to use my license instead of the CEO’s. Yeah, the head of a multimillion dollar company is going to go down and sign for a permit in that podunk town! LOL!
 
I know in some areas we were allowed to fill out some paperwork with the names of a few people (usually superintendents) that were recognized as company representatives. The forms were filled out with the individuals name and company license number on their paperwork.

Then there were a few areas that permits were done completely online.

Roger
 
electrofelon said:
I was going to say, "really, you guys have to fill out paper permits?". Don't remember the last time I did that 😂
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Technically locally here, this County still uses paper even though you can do them as a fill in PDF the print and then send it in with payment. They will send you the actual permit electronically. Then you have to print it out for inspectors to sign off.
 
Fred B said:
Technically locally here, this County still uses paper even though you can do them as a fill in PDF the print and then send it in with payment. They will send you the actual permit electronically. Then you have to print it out for inspectors to sign off.
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You pull permits in upstate NY?? 😉. I think my county has a stand alone electrical permit (might have been you who told me that) but I have never gotten one and never heard of anybody who has, worked here my whole life.
 
electrofelon said:
You pull permits in upstate NY?? 😉. I think my county has a stand alone electrical permit (might have been you who told me that) but I have never gotten one and never heard of anybody who has, worked here my whole life.
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I do. And they do offer stand alone electrical permits if only electrical is being performed with no additional structural changes being done. Otherwise electrical work can be onto a general building permit. Codes dept. does require permits but are too small to chase violators, (like you said not many do pull one) BUT if an issue arises and it is determined work has been done without a permit it is said that they will hold both HO and contractor liable and insurance claim may be denied.
I've even had a couple of jobs that was large enough that they even wanted full load demand calculations presented. I've also since taking on another part time job found that every county surrounding also require a permit for electrical work that is not only a repair with no alteration, but enforcement also lax, although this county is by far the simplest with a seperate electrical permit being available.
 
Here if anyone uses my online login credentials they could apply for and receive permits, under my license. Do need to be careful who you may allow that for to some extent. But even if they would quit working for me and try to use my credentials down the road, the permit will be in my name, eventually an inspector would be contacting me about doing an inspection, could be long after work was done but the eventually contact people on old permits. I would have to tell them I didn't apply for said permit. How it goes from there, IDK, probably starts with asking owner of the place who actually did the work.
 
electrofelon said:
You pull permits in upstate NY?? 😉. I think my county has a stand alone electrical permit (might have been you who told me that) but I have never gotten one and never heard of anybody who has, worked here my whole life.
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Fred B said:
I do. ..Codes dept. does require permits but are too small to chase violators, (like you said not many do pull one) ..enforcement also lax, although this county is by far the simplest with a seperate electrical permit being available.
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Local AHJ's also refuse permits, or demand extensive indemnity signed by owner-builders, since supreme courts punish cities that issue permits to unqualified persons , Lowe v. Lowndes County Building Inspection Department, 760 So. 2d 711 (Miss. 2000).

This court examined the qualified person standard, and established "unqualified persons" are liable for their construction, along with any Authority Having Jurisdiction (AHJ) issuing permits, regardless of the absence of trade-license law or enforcement.

This State supreme court precedent follows the ancient Babylon code of Hammurabi 1810-1750 BC, which first established the presumption of innocence, and specific penalties for builders. Hammurabi is depicted as a "great lawgiver of history" on the south wall of the U.S. Supreme Court.

#229 If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill it's owner, then that builder shall be put to death.
#230 If it kill the son of the owner the son of that builder shall be put to death.
#231 If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house.

Contractors are still crucified for damages, in separate injury or casualty cases, lacking workman's compensation universally required in all States.

The same slaves that builders used in ancient Babylon are today's employees, laborers, and union apprentices, subject to most recent colonial laws of indentured-servitude.
 
ramsy said:
Local AHJ's also refuse permits, or demand extensive indemnity signed by owner-builders,

Contractors are still crucified for damages, in separate injury or casualty cases,
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I have not experienced nor heard of either of those things happening.

lacking workman's compensation universally required in all States.
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Many people, including myself, get around WC by making everyone in the business a member of an LLC. Granted having WC may be a requirement for certain jobs, but it has not been an issue for me. I've been on my own for 12 years and it has never been an issue.
 
electrofelon said:
Many people, including myself, get around WC by making everyone in the business a member of an LLC. Granted having WC may be a requirement for certain jobs, but it has not been an issue for me. I've been on my own for 12 years and it has never been an issue.
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If you don't pull permits most times it'll not come up. You can pull permit without it but you need a waiver everytime you go to pull one. LLC exception according to the insurance agent is no longer valid, it has been seen as just an attempt at evasions. Not that many aren't still doing it. In order for that to truly work everyone that is "member employee" would need to qualify as a share owner and share risk/reward. A 1099 sub contractor would need to be able to have autonomy and if not independently covered you are liable for WC coverage. A slippery slope as implications are beyond just WC insurance and can get IRS attention. I know a couple of contractors that tried to use that trick but got nailed, ended up paying big penalties and back payments for IRS, SS and Medicare coverage going back several years.
 
electrofelon said:
I have not experienced nor heard of either of those things happening.

Many people, including myself, get around WC by making everyone in the business a member of an LLC. Granted having WC may be a requirement for certain jobs, but it has not been an issue for me. I've been on my own for 12 years and it has never been an issue.
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There no is court without accident or injury claim.

No enforcement without someone to rat you out.

Qualified persons are the eyes and ears of enforcement, until they believe "if you can't beat em then join them."

Other forum members have shared how much that cost when caught.
 
Fred B said:
If you don't pull permits most times it'll not come up. You can pull permit without it but you need a waiver everytime you go to pull one. LLC exception according to the insurance agent is no longer valid, it has been seen as just an attempt at evasions. Not that many aren't still doing it. In order for that to truly work everyone that is "member employee" would need to qualify as a share owner and share risk/reward. A 1099 sub contractor would need to be able to have autonomy and if not independently covered you are liable for WC coverage. A slippery slope as implications are beyond just WC insurance and can get IRS attention. I know a couple of contractors that tried to use that trick but got nailed, ended up paying big penalties and back payments for IRS, SS and Medicare coverage going back several years.
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Yes everyone is a member of the LLc and thus exempt from WC. It is perfectly legal, no ifs and or buts about it. I don't see what the IRS has to do with it. Most of the contractors around here operate like that and have for decades.
 
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