61-41.006. Certification of Agencies

(1) Individuals or entities who desire to perform plan review, inspection, or both plan review and inspection of manufactured buildings shall be certified by the department. Those inspectors and plans reviewers employed by entities to perform the delegated functions do not require individual certification as an agency to the extent that the delegated functions are performed within the scope of the individuals’ regular course of employment. Individuals or entities performing delegated functions as an independent contractor for an Agency shall be individually certified.

(2) Application – The applicant shall submit a completed application (Form FMBP 2-00) with application fee amount stated in the Schedule of Fees. The application shall contain the following information.

(a) Name, address, and phone number of the applicant. If the applicant is a corporation, the application shall identify the officers and directors of the corporation, as well as the identity of any shareholders that hold controlling ownership interest in the corporation. If the applicant is a partnership, the application shall identify each partner.

(b) Names and professional license types and numbers of all employees or contractors employed or otherwise utilized for inspections or plans review or both inspections and plans review within the State of Florida.

(c) A statement of independence which shall be signed by the individual, each of the partners of a partnership, or the chief operating officer of a corporation to be certified. The statement shall be notarized and dated within the twelve months immediately preceding its submission. The statement shall affirm that the Agency, any independent contractors utilized by the Agency and its employees are not owned, operated, or controlled by any manufacturer or dealer.

(d) An affirmation that the Agency shall comply with the Florida Manufactured Buildings Act and the Rule Chapter 61-41, F.A.C.

(e) Proof of general liability insurance with minimum coverage limits of $1,000,000, which shall be renewed annually and posted on the Building Code Information System at www.floridabuilding.org.

(3) Agency’s Quality Control Manual – The applicant shall submit a quality control manual to the department with the application which shall at a minimum contain the following sections.

(a) An introduction to the agency – A brief history, types of services provided.

(b) Outline of internal quality control plan and personnel in charge of quality control. How the Agency plans to meet duties and responsibilities stated in subsection (4) below.

(c) An organizational chart showing relationship between administration, operation, and quality control responsibilities including plan reviewers and inspectors by name and title. Identify if they are employees or under contract.

(d) Personnel resumes shall be included for architects, engineers, plan reviewers, inspectors, and their supervisors. Applicable education, experience, and license number shall be indicated in the resume.

(e) Training program – Programs for required continuing education, seminars, discussions on code compliance, plan reviews, inspections, department requirements, etc.

(f) Inspection procedures – Including inspection checklists for code compliance, inspection records, correction notice, reinspection, inspection visits and scope of inspections.

(g) Procedure for control of insignia;

(h) Procedure for maintenance of approved plans and other public records in accordance with Chapter 19, F.S.

(4) Duties and Responsibilities – Upon certification, the Agency shall be entitled to conduct such plans review and inspection services for which it is qualified pursuant to these rules and shall comply with Chapter 120, F.S., and the following general duties and responsibilities.

(a) The Agency shall act faithfully on behalf of the Department implementing the laws and rules of the Manufactured Buildings Program.

(b) The primary duty and responsibility of the Agency is to assure that the buildings and components manufactured are compliant with the Florida Building Code.

(c) Upon Agency’s approval of plans, satisfactory inspection of a building, or both approval of plans and a building constructed in accordance with those plans, the approved plans, the inspection report, or the plans and inspection report shall be transmitted to the Department through the Building Code Information System.

(d) The Agency shall triennially evaluate the manufacturer’s quality control program to coincide with the change in the Florida Building Code. The Agency shall post the Quality Control (QC) Manual on the BCIS and maintain copies on file, available for monitoring.

(5) The Agency shall maintain its independence as certified until the expiration or resignation of its certification. An Agency shall not perform plans review or inspect buildings that are designed by the Agency, its employees or those of its contractors working on such review or inspection.

(6) Renewal – The Agency shall renew its certification once every three years and update the information provided in its initial application using the Building Code Information System. The Agency will be notified electronically at least 90 days prior to the expiration date of the manufacturer’s certification. If the Agency does not complete the renewal information and submit correct fees by the certification expiration date, certification becomes null and void. The Agency must meet the qualifications in effect upon the date of renewal to have its certification renewed.

Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2) FS. History–New 1-17-72, Amended 2-23-75, 12-8-75, 11-14-76, 3-23-77, 3-1-80, 9-29-82, 4-21-83, 11-1-84, Formerly 61-41.06, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.006.