DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Professional Engineers
RULE NOS.:RULE TITLES:
61G15-35.0021Definitions
61G15-35.003Qualification Program for Special Inspectors of Threshold Buildings
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 178, September 11, 2020 issue of the Florida Administrative Register.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee, public comments and subsequent vote by the board at a public meeting held December 10, 2020.
61G15-35.0021 Definitions
As used hereinafter in this Chapter, the following words or phrases shall be defined as follows. The Board does not intend for these definitions to apply to any similar wording, term, role, or description outside of Chapter 471 or 553, F.S. or the Florida Building Code Section 110.8 Threshold Building; or as such term may be used by a local Authority Having Jurisdiction in local regulations, codes, or ordinances.
(1) “Special Inspectors of Threshold buildings,” also referred to as “Threshold Inspectors,” “Special Inspectors,” or “S.I.s” are as defined by section 553.71(9), F.S. Threshold Inspectors can perform inspections on all threshold buildings or perform any other services authorized by Section 553.79(5)(a), F.S. Florida Building Code section 110.8 provides additional requirements to the enforcing agency, Special Inspector, and fee owner.
(2) “Special Inspectors of Threshold Bbuildings (Limited)”, also referred to as “Threshold Inspectors (Limited),” can only perform inspections on the Threshold Buildings with Repair (without Substantial Structural Damage), Alterations 1, Alterations 2, and Alterations 3 (without Substantial Structural Alterations) of threshold buildings. Special Inspectors (Limited) Alterations, Restoration, Repair, and/or Rehabilitation of threshold buildings and are not permitted to do inspections on new construction orof threshold buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration. The terms Repairs, Alteration 1, Alteration 2, Alteration 3, Substantial Structural Damage, and Substantial Structural Alteration are as defined in the Florida Building Code, Existing Buildings.
(3) “Threshold Building” is as defined by the Florida Building Code, section 110.08 and in 553.71(12), F.S.
(4) “Private Provider” is as defined in section 553.791(1)(j), F.S. Private Providers carry out duties as authorized by section 553.791, F.S. As set forth in Chapter 553, F.S., although the roles and duties of Special Inspectors and Private Providers may appear to be similar or overlap, they are not synonymous and as specified in that Chapter, are not interchangeable.
(5). Inspections requested by local Authority Having Jurisdiction in local regulations, codes, or ordinances for non-threshold buildings are not part of this chapter.
(6)(4) No later than December 31, 20234, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.
Rulemaking Authority 471.008, 471.015(7) FS. Law Implemented 471.015(7), 553.79(5)(a) FS. History–New .
61G15-35.003 Qualification Program for Special Inspectors of Threshold Buildings and Special Inspectors of Threshold Buildings (Limited).
(1) No change.
(2) Special Inspectors of Threshold Buildings Limited
(a) To implement section 553.79, F.S., the Board hereby establishes the certification of Special Inspectors of Threshold Buildings (Limited), also referred to as “Special Inspectors (Limited)” or “S.I. (Limited).” Any licensee holding this certification may serve as the Special Inspector / Threshold Building Inspector for any project involving the Repair (without Substantial Structural Damage), Alterations 1, Alterations 2, and Alterations 3 (without Substantial Structural Alterations) of an existing Threshold Building. A licensee holding this certification may not serve as the Special Inspector / Threshold Building Inspector for new construction or existing Threshold Buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration. The terms “Repairs,” “Alteration 1,” “Alteration 2,” “Alteration 3,” “Substantial Structural Damage,” and “Substantial Structural Alteration” are as defined in the alteration, restoration, repair, rehabilitation, or renovation of components of an existing Threshold Building, when such project does not involve new construction or major structural re-design of all components and is generally governed by Florida Building Code - Existing Buildings. Licensees who wish to serve as Special Inspectors for new construction, or existing Threshold Buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration major re-design, or major structural modifications or changes or buildings with substantial structural damage must be certified pursuant to subsection (1), above.
(b) The minimum qualifying criteria for Threshold Special Inspectors (Limited) are established by the Board to be as follows:
1. No change.
2. (a) Licensed professional engineers whose principal practice is structural field inspections shall have five (5) years of experience in performing structural field inspections on Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed; and
(b) The Applicant must possess each of the certifications identified in paragraph 61G15-35.004(2)(f), F.A.C., at the time of application.
(3) Application For Special Inspector of Threshold Buildings.
(a) through (b) No change.
(c) Applications shall contain the following basic information pertaining to the applicant:
1. through 2. No change.
3. A list of projects submitted for experience credit.
a. No change.
b. Creditable experience. The Board will only grant experience for work on projects identified pursuant to sub-subparagraph (2)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management unrelated to design or inspection of the project).
c. No change.
4. through 6. No change.
(d) No change.
(4) Application for Special Inspectors of Threshold Buildings (Limited).
(a) The instructions and application form for Special Inspectors of Threshold Buildings (Limited), Form FBPE/011 (1208/20) is hereby incorporated by reference, “Application for Special Inspector (Limited) Certification.” Copies of Form FBPE/011 may be obtained from the Board office or by downloading it from the internet website www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref- .
(b) No change.
(c) Applications shall contain the following basic information pertaining to the applicant:
1. through 2. No change.
3. A list of projects submitted for experience credit.
a. Project descriptions. For each project identified, the following shall be clearly listed:
(I) through (III) No change.
b. Creditable experience. The Board will only grant experience for work on projects identified pursuant to sub-subparagraph (4)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management).
c. All experience claimed must be verified. For design work, experience must be verified by the Engineer of Record. If the applicant is the Engineer of Record for the project, the applicant’s work must be verified by another professional engineer knowledgeable about the applicant’s design work on the project, such as a colleague, supervisor, team member, etc. Field inspection experience must be verified by the Special Inspector of Threshold Buildings for the project.
4. Letters of recommendation from three registered professional engineers whose principal practice is structural engineering or restoration/repair work on Threshold Buildings in the State of Florida, one of whom must be certified as a Special Inspector of Threshold Buildings.
5. through 6. No change.
(d) No change.
(5) Roster of Special Inspectors of Threshold Buildings. The Board shall maintain a roster of all persons certified as Special Inspectors of Threshold Buildings or Special Inspectors of Threshold Buildings (Limited) pursuant to the criteria established in these rules and the law. The roster shall be made available to interested parties upon request. The roster shall be updated on a continuing basis and additions or deletions to the latest published roster may be verified by contacting the Board office. As specified by section 553.791, F.S., Chapter 471 licensees serving as private providers need not be listed on the Board’s roster of either SIs or SIs (Limited).
(6) Any Florida Professional Engineer certified as a Special Inspector of Threshold Buildings (Limited) may apply at any time for certification as a Special Inspector of Threshold Buildings, by following the provisions outlined in subsection (3), above. If the applicant is so certified, the Board shall cancel the Special Inspector of Threshold Buildings (Limited) certification and update the roster to reflect the applicant is certified as a Special Inspector of Threshold Buildings.
(7) No later than December 31, 20234, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.
Rulemaking Authority 471.008, 471.015(7) FS. Law Implemented 471.015(7), 553.79(5)(a) FS. History–New 4-19-01, Amended 7-7-02, 4-5-04, 11-29-04, 2-4-13, 2-28-16, 6-6-16, 6-26-17, 4-8-18, 12-27-18, 5-31-20, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; 850-521-0500, or by email: zraybon@fbpe.org.
