Eliminates affidavit requirements, clarifies licensure requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.001Qualification for Certification

PURPOSE AND EFFECT: Eliminates affidavit requirements, clarifies licensure requirements.

SUMMARY: Updates and clarifies requirements.

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: 489.108, 489.111 FS.

LAW IMPLEMENTED: 489.111 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: Dan Biggins, Executive Director, Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, Florida 32399-5257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.001 Qualification for Certification.

(1)(a) An applicant for certification must, as a precondition thereto, submit proof that the applicant he meets the eligibility requirements set forth in Section 489.111(2)(c), F.S., for the particular category in which the applicant he seeks to qualify. The Board will accept lawfully acquired experience gained under the supervision of a contractor, who, at the time was properly licensed in the category or category which encompasses the scope of practice in which the applicant is seeking licensure. An applicant who seeks to meet the educational standard set forth in Section 489.111(2)(c)1., 2., or 3., F.S., must direct the college, university, junior college, or community college which he attended to submit proof to the Department that the applicant received the requisite amount of education. Active experience in the category in which the applicant seeks to qualify shall be verified by affidavits prepared or signed by a state certified Florida contractor, or an architect or engineer, in the applicant’s category, who is licensed in good standing or a licensed building official, who is active in the applicant’s category, employed by a political subdivision of any state, territory or possession of the United States who is responsible for inspections of construction improvements, listing chronologically the active experience in the trade, including the name and address of employers and dates of employment (which may be corroborated by investigation by the Board). Said affidavit shall be subscribed to in front of a notary.

(b) Such experience from outside jurisdictions will be accepted toward the category for which the applicant has applied so long as the experience complies with section 489.105, F.S.  However, experience acquired by providing services that would fall under an exemption pursuant to Chapter 489, Part 1, F.S. will not be accepted. Applicants shall follow the guidelines set forth in this section when seeking to verify active experience in accordance with paragraph 61G4-15.001(1)(a), F.A.C.

If the applicant’s category is: The following licensees can verify the applicant’s active experience:

1. General	General contractor
2. Building	General and/or Building contractor
3. Residential	General, Building and/or Residential contractor
4. Plumbing	General, Building, Residential, Plumbing and/or Underground Utility and Excavation contractor
5. Roofing	General, Building, Residential and/or Roofing contractor
6. Class A Air-Conditioning Contractor	General, Building, Residential, Class A air-conditioning contractor and/or Mechanical contractor
7. Class B Air-Conditioning Contractor	General, Building, Residential, Class A air-conditioning, Class B air-conditioning and/or Mechanical contractor
8. Commercial Pool/Spa Contractor	General, Building, Residential, Commercial Pool/Spa contractor
9. Residential Pool/Spa Contractor	General, Building, Residential, Commercial Pool/Spa and/or Residential Pool/Spa contractor
10. Swimming Pool/Spa Servicing Contractor	General, Building, Residential, Commercial Pool/Spa, Residential Pool/Spa and/or Swimming Pool/Spa Servicing contractor
11. Mechanical Contractor	General, Building, Residential, Mechanical Class A air-conditioning and/or Class B air-conditioning contractor
12. Sheet Metal Contractor	General, Building, Residential, Sheet metal, Class A air-conditioning, Class B air-conditioning and/or Mechanical contractor
13. Specialty Structure Contractor	General, Building, Residential and/or Specialty structure contractor
14. Solar Contractor	General, Building, Residential, Solar, Commercial Pool/Spa and/or Residential Pool/Spa contractor
15. Underground Utility and Excavation Contractor	General, Building, Residential, Underground utility and excavation, and/or Plumbing contractor
16. Residential Solar Water Heating Contractor	General, Building, Residential, Residential Solar Water Heating, Plumbing, and/or Mechanical contractor
17. Gypsum Drywall Contractor	General, Building, Residential and/or Gypsum Drywall contractor
18. Gas Line Specialty Contractor	General, Building, Residential, Gas Line Specialty, Underground utility and/or Plumbing contractor
19. Glass and Glazing Specialty Contractor	General, Building, Residential and/or Glass and Glazing contractor
20. Marine Specialty Contractor	General, Building, Residential and/or Marine Specialty contractor

(2)(a) In the case of applicants for certification in the general or building contractor categories, the phrases “active experience” and “proven experience” as used in Section 489.111(2)(c)1., 2., or 3., F.S., shall include commercial be defined to mean construction experience of buildings or structures with any Use and Occupancy Classification pursuant to Chapter 3 of the Florida Building Code, except for Classifications S and U, available at http://floridabuilding2.iccsafe.org/app/book/content/2014_Florida/Building%20Code/Chapter%203.html, in four or more of the following areas:

1. Foundations/ or Slabs in excess of twenty thousand (20,000) square feet.

2. through 7. No change.

(b) No change.

(3) In the case of applicants for certification in the residential contractor category, the phrases “active experience” and “proven experience” as used in Section 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean construction experience of building or structures with a Scope and Application pursuant to Section R-101 of the Florida Building Code, Residential, available  at http://floridabuilding2.iccsafe.org/app/book/toc/2014/Florida/Residential%20Code/index.html, in four or more of the following areas:

(a) through (c) No change.

(d) Structural wood framing (excluding platform framing).

(e) through (f) No change.

(4) No change. 

(5) As an alternative to the experience required under Section 489.111(2)(c)1.-3., F.S., an applicant for certification as a swimming pool/spa servicing contractor must submit proof that the applicant he meets the requirements of Section 489.111(2)(c)6.d., F.S., by demonstrating one year of proven experience related to the scope of work of a swimming pool/spa servicing contractor as defined in Section 489.105(3)(l), F.S., performed under the supervision of a certified or registered commercial pool/spa, residential pool/spa, or pool/spa servicing contractor, and demonstrating satisfactory completion of a sixty-hour course of instruction, approved by the Board pursuant to Rule 61G4-18.004, F.A.C., and conducted by a course provider registered pursuant to Rule 61G4-18.003, F.A.C., that consists of the following:

(a) through (c) No change.

Rulemaking Authority 489.108, 489.111 FS. Law Implemented 489.111 FS. History–New 1-6-80, Amended 12-16-80, 6-30-82, 4-11-83, Formerly 21E-15.01, Amended 12-11-90, 8-21-91, 4-16-92, Formerly 21E-15.001, Amended 7-18-94, 12-16-01, 2-6-03, 6-23-04, 1-15-07, 6-19-07,  11-26-08, 4-22-12,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 12, 2015