The purpose of the amendment is to update the responsibility rules.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-34.003Design of Heating, Ventilation, Air Conditioning, and Refrigeration Systems

61G15-34.004Design of Process and Fluid Flow Systems

61G15-34.007Design of Plumbing Systems

PURPOSE AND EFFECT: The purpose of the amendment is to update the responsibility rules.

SUMMARY: Correct errors, omissions and inconsistences throughout the rules.

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: 471.008, 471.033(2) FS.

LAW IMPLEMENTED: 471.033 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: Zana Raybon, Executive Director, Board of Professional Engineers, 2400 Mahan Drive, Tallahassee, FL 32308, [phone] or by electronic mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G15-34.003 Design of Heating, Ventilation, Air Conditioning, and Refrigeration Systems.

(1)  through (2) No change.

(3) For Mechanical Engineering Documents pertaining to HVAC systems exempted by the threshold requirements for mandatory use of professional engineering services established by paragraph 471.003(2)(h), F.S., the Engineer of Record shall determine the level of detail shown on plans for HVAC systems. All such plans must include a disclaimer stating the HVAC systems are exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than is minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards and sound engineering principles.

(4) Mechanical Engineering Documents pertaining to HVAC systems that exceed the threshold requirements for mandatory use of professional engineering services, the plans must include the following information, if applicable to the particular project:

(a) through (s) No change.

(5) No later than December 31, 20262024, 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. Failure by the Board to act in accordance with this provision will result in the expiration of this rule on December 31, 2026. 

Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 11-13-08, 4-25-21,                .

 

61G15-34.004 Design of Process and Fluid Flow Systems.

(1) through (2) No change.

(3) Mechanical Engineering Documents pertaining to Process and Fluid Flow Systems must include the following information, if applicable to the particular project:

(a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results; or data and tabulations that are results of the design.

(b) Equipment selection schedule for each piece of mechanical equipment. All equipment must include the following information, if applicable to the particular equipment:

1. through 6. No change.

(c) through (l) No change.

(4) No later than December 31, 20262024, 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. Failure by the Board to act in accordance with this provision will result in the expiration of this rule on December 31, 2026. 

Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21,         .

 

61G15-34.007 Design of Plumbing Systems.

(1) through (2) No change.

(3) For Mechanical Engineering Documents pertaining to Plumbing Systems exempted by the threshold requirements for mandatory use of professional engineering services established by paragraph 471.003(2)(h), F.S.,    the Engineer of Record shall determine the level of detail shown on plans for a plumbing system. All such plans shall include a disclaimer stating the Plumbing systems are exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than its minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles.

(4) No change.

(5) No later than December 31, 20262024, 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. Failure by the Board to act in accordance with this provision will result in the expiration of this rule on December 31, 2026. 

Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 11-13-08, 4-25-21,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2021