6.0035: This proposed amendment implements recent statutory change through the addition of fire safety as a recognized category of experience suitable for licensure. 6.015: This proposed amendment implements recent statutory changes limiting the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Building Code Administrators and Inspectors Board

RULE NO.: RULE TITLE:
61G19-6.0035: Application for Provisional and/or Standard Certification
61G19-6.015: Inactive Status
PURPOSE AND EFFECT: Rule 61G19-6.0035, F.A.C.: This proposed amendment implements recent statutory change through the addition of fire safety as a recognized category of experience suitable for licensure. Rule 61G19-6.015, F.A.C.: This proposed amendment implements recent statutory changes limiting the amount of continuing education the Department of Business and Professional Regulation and the Boards housed therein may require of licensees who wish to reactivate delinquent or inactive licenses.
SUMMARY: Rule 61G19-6.0035, F.A.C.: Currently, fire safety inspector licenses are not recognized as sufficient certification to support an application for licensure as an inspector or plans examiner. The proposed amendment implements recent changes to Chapter 468, F.S. which included the possession of a fire safety inspector license issued pursuant to Chapter 633, F.S. as a means to fulfill eligibility requirements established to take the examination for certification as either a building code inspector or plans examiner. Rule 61G19-6.015, F.A.C.: Currently, any individual who wishes to convert to active status a delinquent or inactive license as a building code administrator, inspector, or plans examiner must complete all continuing education course work that would have been required had the licensee’s status remained active. The proposed change reduces the number of continuing educations hours required to reactivate an inactive or delinquent license from 14 hours for each inactive biennium to 14 hours for the last inactive biennium before reactivation.
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 this rule at its meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Council has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendment will not require ratification by the Legislature.
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: 455.271, 468.606, 468.609 FS.
LAW IMPLEMENTED: 468.609, 468.627, 468.4338 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, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G19-6.0035 Application for Provisional and/or Standard Certification.

(1) Each individual who wishes to obtain a provisional and/or standard certificate in any certificate category shall submit the following to the Board:

(a) No change.

(b) An 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.

(c) through (d) No change.

(e) Each applicant who is not employed by a local government agency having responsibility for building code inspection, building construction regulation, and enforcement of building, plumbing, mechanical, electrical, gas, fire prevention, fire safety, energy, accessibility, and other construction codes at the time of the application shall submit payment of all applicable application, examination and certification fees as specified in Chapter 61G19-10, F.A.C.

(f) No change.

(2) In addition to all other required items, each applicant for an inspector or plans examiner certificate shall submit with the application a statement from the applicant’s current employer which shall indicate the applicant’s present status with the employer. Each applicant employed by a local government agency having responsibility for building code inspection, building construction regulation, and enforcement of building, plumbing, mechanical, electrical, gas, fire prevention, fire safety, energy, accessibility, and other construction codes at the time the application is submitted must include on the statement the signature and license number of the building code administrator, or building official, or fire marshal for the applicant’s employing agency.

(3) No change.

Rulemaking Specific Authority 468.606, 468.609 FS. Law Implemented 468.609 FS. History–New 11-28-95, Amended 10-1-97, 2-23-99, 6-3-03, 2-6-07, 10-4-07,_______.

 

61G19-6.015 Inactive Status.

(1) Any licensee that is in an inactive status shall not engage in building code administration, inspection or plans examination.

(2) Certificate holders may place their certification on inactive status by paying a fee as prescribed in subsection 61G19-10.001(2), F.A.C.

(3) Certificate holders on inactive status may reactivate their certificates by submitting a written request, the regular renewal fee pursuant to Rule 61G19-10.001, F.A.C., and proof of completion of fourteen (14) hours of continuing education for the immediately preceeding each inactive biennium.

(4) A licensee’s election of inactive status cannot be used to circumvent disciplinary action against the licensee.

 

Rulemaking Specific Authority 455.271, 468.606 FS. Law Implemented 468.627, 468.4338 FS. History–New 5-23-94, Amended 11-21-95, 8-6-97,________.                

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2012