To simplify the rule and clarify that an application for Certificate of Competency for a Special Inspector must be submitted by the employing insurance company which must be authorized to, and be actively engaged in, writing boiler insurance in this ...

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-51.020: Certificates of Competency
PURPOSE AND EFFECT: To simplify the rule and clarify that an application for Certificate of Competency for a Special Inspector must be submitted by the employing insurance company which must be authorized to, and be actively engaged in, writing boiler insurance in this State. The amendment also updates and consolidates the applications for special and deputy inspectors and renewals, and adopts an application for the required examination.
SUMMARY: The rule sets forth the process for issuing a Certificate of Competency for a Special Inspector who is employed by an insurer issuing boiler insurance in this state. The application must be submitted by the employing insurance company which must be authorized to, and be actively engaged in writing boiler insurance in this State. The amendment also updates and consolidates the applications for special and deputy inspectors and renewals, and adopts an application for the required examination.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has been prepared by the agency.
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.
SPECIFIC AUTHORITY: 554.103 FS.
LAW IMPLEMENTED: 554.105, 554.106, 554.107, 554.108, 554.111, 554.112, 554.113 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, March 8, 2010, 9:30 a.m.
PLACE: Third Floor Conference Room, the Atrium Office Building, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mike Burns [phone]; Mike.Burns@ myfloridacfo.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Burns, Chief Boiler Inspector, [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-51.020 Certificates of Competency.

(1) Special Inspectors. Certificates of Competency shall be issued to applicants for the position of Deputy Inspector who meet the requirements of Rule 69A-51.015, F.A.C., and who pass the examination described in Rule 69A-51.035, F.A.C., and who are employees of the Boiler Safety Program, Division of State Fire Marshal, Department of Financial Services.

(a) Certificates of Competency designating Special Inspectors of Boiler and Pressure Vessels shall be issued by the Chief Inspector upon application by any company authorized by the Department to insure boilers in this state. All such companies shall be actively engaged in writing boiler coverage insurance in this state.

(b) Applications shall be made on Form DFS-K3-404, revised_________, entitled “Application for Original and Renewal Certificate of Competency Special and Deputy Inspectors” adopted herein and incorporated by reference. The form may be obtained online at http://www.myfloridacfo. com/sfm/bfpr/bfpr-boil_index.htm and from the Boiler Safety Program, Department of Financial Services, 325 John Knox Road, Tallahasssee, Florida 32303; [phone].

(c) Certificates of Competency shall be issued to individuals who meet the requirements of Section 554.113, F.S., pay the fee described in Section 554.111, F.S., pass the examination described in Rule 69A-51.035, F.A.C., if applicable, and are employees of the applicant company. Applications to take the examination shall be submitted on Form DFS-K3-2014, effective________, entitled “Application for Florida Boiler Commission Examination,” adopted herein and incorporated by reference. The form may be obtained online at http://www.myfloridacfo.com/sfm/bfpr/bfpr-boil_ index.htm and from the Boiler Safety Program, Department of Financial Services, 325 John Knox Road, Tallahasssee, Florida 32303; [phone].

(d) A Certificate of Competency shall be valid only so long as such Special Inspector is an employee of the applicant company. Upon termination of employment, the applicant company shall give written notice to the Chief Inspector within fifteen (15) days following the date of termination.

(e) All companies insuring boilers in this state shall inspect all boilers insured by them that are located in places of public assembly covered by these rules, utilizing their Special Inspectors certified by the Department.

(2) Deputy Inspectors. Certificates of Competency shall be issued to applicants as Special Inspectors who meet the requirements of Rule 69A-51.015, F.A.C., and who pay the fee described in Section 554.111, F.S., and who pass the examination described in Rule 69A-51.035, F.A.C., and who are full-time employees of Authorized Inspection Agencies.

(a) The Department shall issue a Certificate of Competency to any of its employees who meet the requirements of Section 554.113, F.S., pass the examination described in Rule 69A-51.035, F.A.C., if applicable, and are employed by the Chief Inspector.

(b) Applications shall be made on Form DFS-K3-404.

(c) A Certificate of Competency is valid only so long as such inspector is employed by the Department’s Boiler Safety Program.

(3) Renewals.

(a) Every Certificate of Competency issued by the Department shall expire on December 31 of each year. Applications for renewal shall be made on Form DFS-K3-404. The application for renewal shall be properly completed, signed, and forwarded to the Department. Upon receipt of the application, an invoice for the fee set forth in Section 554.111(1)(a), F.S. will be sent to the applicant company.

(b) A certificate which is not timely renewed is inoperative; as a consequence, inspection reports dated after December 31 will not be accepted and the boilers to which they relate must be reinspected by a certified inspector.

(c) A certificate which is inoperative because of failure to renew shall be restored in accordance with Section 554.113(3), F.S. Applications for Certificates of Competency shall be made on the form entitled “Application for Certificate of Competency Special and Deputy Inspectors” prescribed by the Boiler Safety Program, Division of State Fire Marshal, which may be obtained from the Boiler Safety Program, Department of Financial Services, Larson Building, Tallahassee, Florida 32399-0300; [phone]. Application for Certificate of Competency Special and Deputy Inspectors, Form Number DI4-404, revised 9/89, is hereby adopted and incorporated by reference.

(4) The Certificate of Competency is valid for one year and shall expire on December 31 of each year.

(5) The Department shall mail each certificate holder or his employer an application for renewal on a form entitled “Renewal Application for Certificate of Competency,” Form Number DI4-436, revised 10/95 which is hereby adopted and incorporated by reference. The application for renewal shall be properly completed, signed and forwarded to the Department with the appropriate fee, and the Department shall, upon receipt of the properly completed application and fee, renew the certificate.

(6) The certificate is valid only when the inspector is continuously employed either by the Boiler Safety Program or by a duly authorized inspection agency in the State of Florida. The certificate credential card will state the name of the inspector's employer.

(7) A certificate which is inoperative because of failure to renew shall be restored upon payment of the renewal fee, if the application for restoration is made to the Department within sixty (60) days after the renewal date.

(8) If a certificate becomes inoperative because of failure to renew and if the application for restoration is not made within the sixty (60) day period, then the fee for restoration shall be equal to the initial application fee ($50.00) plus the renewal fee ($30.00).

Rulemaking Specific Authority 554.103 FS. Law Implemented 554.103, 554.105, 554.106, 554.107, 554.108, 554.111, 554.112, 554.113 FS. History–New 2-27-89, Amended 7-15-98, Formerly 4A-51.020, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Burns
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 24, 2009