Update rules to address current trends in the provision of continuing education and bring into accord with HB 535.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NOS.:RULE TITLES:

61G19-7.001Board Approved Training Programs as Alternative Eligibility Requirement for Examination

61G19-7.0015Board Approved Comprehensive Standard Training Programs as Alternative Eligibility Requirements for Examination for Building Code Inspector or Plans Examiner Certification

61G19-7.004Approval of Training Programs

61G19-7.006Program Syllabus

61G19-7.007Records Required to be Maintained by Program Providers

PURPOSE AND EFFECT: Update rules to address current trends in the provision of continuing education and bring into accord with HB 535.

SUMMARY: Update rules to address continuing education provisions.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 468.606, 468.609 FS.

LAW IMPLEMENTED: 468.606, 468.609, 468.609(2)(c)4., 455.2179, 468.609(2), 468.627 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Board of Building Code Administrators and Inspectors, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone] or by electronic mail - [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G19-7.001 Board Approved Cross Training Programs as Alternative Eligibility Requirement for Examination.

(1) Applicants who possess a minimum of 3 years verifiable full-time experience in inspection or plans review and currently holding a standard certificate issued by the board as a building, one and two family dwelling, electrical, mechanical, or plumbing inspector, or a firesafety inspector holding a certificate/license issued pursuant to Chapter 633, F.S., and who seek and seeking an additional category of inspector certification shall satisfactorily complete an inspector training program of not less than 200 hours in the certification category sought.

(2) Applicants who possess a minimum of 3 years verifiable full-time experience in inspection or plans review and currently holding a standard certificate issued by the board as a building, electrical, mechanical, or plumbing plans examiner or a firesafety inspector certificate/license issued pursuant to Chapter 633, F.S., and who seek and seeking an additional certification in one of these categories shall satisfactorily complete a plans examiner training program of not less than 200 hours in the certification category sought.

(3) Applicants currently holding a standard certificate as a building, electrical, mechanical, or plumbing inspector who seek and seeking certification as a one and two family dwelling inspector shall satisfactorily complete a one and two family training program of not less than 500 hours.

(4) Applicants currently holding a standard certificate/license as a firesafety inspector issued pursuant to Chapter 633, F.S., who seek certification as a one and two family dwelling inspector shall satisfactorily complete a one and two family training program of not less than 800 hours.

(5)  A training program for certification shall include the following hours:

(a) Applicants with a minimum of 3 years' verifiable full-time experience in inspection or plan review currently holding a standard certificate issued by the board or a firesafety inspector certificate / license issued pursuant to chapter 633, F.S., who seek an additional inspector or plans examiner certification in categories other than one and two family dwelling inspector shall satisfactorily complete a training program of 200 combined classroom and on-the-job training (OJT) hours, of which no fewer than 20 hours shall be OJT and no fewer than 20 hours shall be Board-approved classroom hours related to the category of certification sought.

(b) Applicants seeking initial Board certification as an inspector or plans examiner certification in categories other than one and two family dwelling inspector shall satisfactorily complete a training program of 300 combined classroom hours related to the category of certification sought and on the job training (OJT) hours, of which no fewer than 20 hours shall be OJT and no fewer than 20 hours of instruction in state laws, rules, and ethics relating to professional standards of practice, duties, and responsibilities of a certificate holder.

(c) For applicants who currently hold a standard certificate issued by the board or a firesafety inspector license issued pursuant to chapter 633 with a minimum of 5 years' verifiable full-time experience as an inspector or plans examiner seeking an additional inspector or plan examiner certification in categories other than one and two family dwelling inspector shall satisfactorily complete a building code inspector or plans examiner classroom training course or program of 300 hours. For one and two family dwelling inspector a classroom training course or program of 500 hours shall be satisfactorily completed.

RulemakingSpecific Authority 468.606, 468.609 FS. Law Implemented 468.609(2)(c)4., 468.627 FS. History–New 12-10-00, Amended                        .

 

61G19-7.0015 Board Approved Comprehensive Standard Training Programs as Alternative Eligibility Requirements for Examination for Building Code Inspector or Plans Examiner Certification.

Rulemaking Authority 468.606, 468.609 FS. Law Implemented 455.2179, 468.609(2) FS. History–New 3-31-09, Repealed____.

 

61G19-7.004 Approval of Cross Training Programs.

(1) Each registered training program provider shall apply for approval of a training program. The application must be submitted on Board-approved form DBPR BCAIB 7, Application For Training Program Course and Provider, effective July 10, 2012, incorporated in DBPR Rule 61-35.008, F.A.C., copies of which may be obtained from the Board office. The application for approval shall indicate the length of the program in hours, and shall include a copy of the program syllabus, a detailed outline of the contents of the course, and the names and qualifications of all instructors known at the time of the application.

(2) A training program for certification in categories other than one and two family dwelling inspector shall include a minimum of 200 combined classroom and on-the-job training (OJT) hours, of which no fewer than 20 hours shall be OJT and no fewer than 20 hours shall be Board-approved classroom hours related to the category of certification sought. A training program for one and two family dwelling inspector shall include a total of 500 combined hours, of which no fewer than 50 hours shall be OJT and no fewer than 50 hours shall be Board-approved classroom hours related to the category of certification sought.

(2)(3) Upon receipt of a course application and the appropriate fee, tThe Board shall approve training programs which have educational and on the job training (OJT) content sufficient to bring the certificate-holder’s inspection or plans examiner skills and technical skills to qualify the individual for examination in the category sought. Training programs shall be instructed by individuals meeting the requirements of Rule 61G19-9.005, F.A.C. Program approval shall be valid for ten (10) years from the date of approval unless the provider expires or is disciplined. All training shall be consistent with the current code cycle.

(3)(4) The Board shall approve or deny any application for program approval at the first Board meeting held more than thirty days after the date the application is received by the Board.

(4)(5) A training program which has been rejected by the Board may be resubmitted with modifications.

(5)(6) The Board shall not deny or withdraw approval of a training program on the basis that another program provider is conducting the same or a similar Board-approved training program.

(6)(7) If a training program is approved, the Board shall assign the program a number. The training program provider shall print the Board-assigned number on the program syllabus, on all printed material used in connection with the program, and in all written advertising used in connection with the program.

(7)(8) After a training program has been approved by the Board, any substantive changes in the program content must be submitted to and approved by the Board, prior to the implementation of the change.

(8)(9) Individuals completing an approved training course may count up to twelve (12) hours toward their continuing education requirements for the biennium within which the training program is completed.

(9) Applicants seeking their initial standard certification under Part XII of Chapter 468, F.S., as an Inspector or Plans Examiner having a minimum of 2 years verifiable experience in construction, as defined in subsection 61G19-1.009(8), F.A.C., or as a firesafety inspector as authorized pursuant to s. 633.216, F.S., shall satisfactorily complete a comprehensive initial training program comprised of no fewer than 40 hours of instruction in state laws, rules, and ethics relating to professional standards of practice, duties, and responsibilities of a certificate holder; and no less than the following number of hours in the certification category sought:

(a) Building – 260 hours

(b) Electrical – 260 hours

(c) Plumbing – 260 hours

(d) Mechanical – 260 hours

(10) All requisite experience shall be verified by affidavit describing in detail each separate period of work experience listed in the application form, signed by a licensed architect, engineer, contractor, fire marshal, or building code administrator who has knowledge of the applicant’s duties and responsibilities during the period indicated. The form that shall be used for this purpose shall be provided by the Department and available on the Department’s website. Each affidavit must include the name and address of the applicant’s employer during the work experience period, the dates of employment, and a description of the applicant’s duties and responsibilities during the employment including any supervisory responsibilities, in sufficient detail to enable the Board to determine whether or not the applicant has the experience required for certification.

(11) Training program providers shall be responsible for verification of an applicant's experience prior to admission into a program and shall maintain a record of all verification documentation for a period of no less than ten (10) years.

Rulemaking Authority 468.606, 468.609 FS. Law Implemented 455.2179, 468.609, 468.627 FS. History–New 10-25-01, Amended 10-7-15,                  .

 

61G19-7.006 Program Syllabus.

(1) Each program provider shall prepare a program syllabus for each training program to be provided. The syllabus shall state the name of the provider of the program, the program number assigned by the Department, the name and address of the program provider, and a listing or outline of the Board-approved continuing education course or courses, the classroom/OJT schedule, achievement benchmarks, qualifications of OJT trainers, and method of documentation of training.

(a) Training programs that offer continuing education as a compotent shall list the Board-approved continuing education course or courses or the detailed outline of the Board Approved course or courses,  the classroom/OJT schedule, achievement benchmarks, qualifications of on the job training (OJT) trainers, and method of documentation of training.

(b) Training programs that do not offer continuing education as a compotent shall provide a topical outline listing all subject matter taught, the classroom/OJT schedule, achievement benchmarks, qualifications of OJT trainers, and method of documentation of training.

(2) Prior to the program, the program provider shall give a program syllabus to each person who registers for the program.

RulemakingSpecific Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 12-28-00, Amended                                    .

 

61G19-7.007 Records Required to be Maintained by Program Providers.

Program providers shall maintain the following records with respect to each program:

(1) through (3) No change.

(4) Course sponsors shall maintain the required records for each course at least five (5) three (3) years following the date the course is completed.

(5) No change.

RulemakingSpecific Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 12-28-00, Amended                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Building Code Administrators and Inspectors Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2016