The Board proposes the rule amendments to implement Chapter 2022-136, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NOS.:RULE TITLES:

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

61G19-6.012Provisional Certificates

PURPOSE AND EFFECT: The Board proposes the rule amendments to implement Chapter 2022-136, Laws of Florida.

SUMMARY: The rule amendments will implement Chapter 2022-136, Laws of Florida.

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, 468.609(7) FS.

LAW IMPLEMENTED: 468.609, 468.609(7), 468.613 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: Krista Woodard, Executive Director, Building Code Administrators and Inspectors Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0783, or by electronic mail – [e-mail].

 

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) through (e) No change.

(f) For the purposes of this section, any unlicensed activity in those geographic areas that require licensure shall not be recognized for the purposes of providing required experience.

(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, private provider or private provider’s firm 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, building official, or fire marshal for the applicant’s employing agency.

(3) through (5) No change.

Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.609, 468.613 FS. History–New 11-28-95, Amended 10-1-97, 2-23-99, 6-3-03, 2-6-07, 10-4-07, 12-17-12, 9-20-17, 2-14-18, 7-21-21,                              .

 

61G19-6.012 Provisional Certificates.

(1) through (2) No change.

(3) Provisional certificates shall only be issued to persons employed or contracted by an agency of government and the authority of the certificate shall be limited to the jurisdiction of the government agency with which the applicant was employed at the time the provisional certificate was originally issued.

(3)(4) No change.

(4)(5) The Board shall place special conditions or requirements on a restrict provisional certificate holders by limiting their work, when such special conditions or requirements restrictions are determined by the Board’s evaluation of the facts of each application to be necessary to protect the public safety and health, safety and welfare.

(5)(6) No change.

Rulemaking Authority 468.606, 468.609(7) FS. Law Implemented 468.609(7) FS. History–New 5-23-94, Amended 5-21-95, 8-28-95, 12-6-95, 1-3-96, 2-23-99, 4-30-01, 1-10-07, 1-16-08, 10-7-12, 2-14-18,                                .

 

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: August 18, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 20, 2022