2025-10-22 Appellants Exhibit 4_Owner-Builder Exemption

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(D) Proof of payment to all persons contracted to work on the exempt buildings and structures; and (5) Upon completion of the construction activity, an owner or lessee exempted under this section shall keep and maintain the records identified in paragraph (4) for a period of three years from completion of the construction activity and shall make the records available for inspection within seven business days upon request by the department. (b) Proof of the sale or lease, or offering for sale or lease, of the structure within one year after completion shall be prima facie evidence that the construction or improvement of the structure was undertaken for the purpose of sale or lease; provided that this subsection shall not apply to: (1) Residential properties sold or leased to employees of the owner or lessee; (2) Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000; or (3) Any sale or lease caused by an eligible unforeseen hardship as determined by the board pursuant to subsection (c). (c) The board shall determine the eligibility of an unforeseen hardship claimed by an owner under subsection (b); provided that an alleged unforeseen hardship shall not be deemed eligible if the board determines that the construction or improvement of the structure was undertaken for the purpose of sale or lease. An exemption for an unforeseen hardship shall not be denied solely because of lack of completion, as the term is defined in subsection (e). An owner seeking a determination of eligibility of an unforeseen hardship shall: (1) Be in compliance with the requirements set forth in the disclosure statement required to be provided under section 444-9.1; and (2) Submit a written application to the board at any time prior to selling, leasing, or offering to sell or lease the property describing the nature of the applicant's unforeseen hardship. The application shall include supporting documentation detailing the hardship, such as: (A) Evidence of receipt of unemployment compensation; (B) Tax returns; (C) Medical records; (D) Bank statements; (E) Divorce decrees ordering sale of property;