Add qualifications for new certification

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.039Certification of Industrial Facilities Specialty Contractors

PURPOSE AND EFFECT: Add qualifications for new certification.

SUMMARY: Qualifications.

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: 455.213, 489.108, 489.113(6) FS.

LAW IMPLEMENTED: 489.105(3)(q), 489.113(6) 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: Drew Winters, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32399-5257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.039 Certification of Industrial Facility Specialty Contractors.

(1) Scope of Rule. The purpose of this rule is to provide for certification of industrial facility specialty contractors.

(2) Definition. An Industrial Facility Specialty Contractor is a contractor who is qualified and certified by the board to perform any work involving the construction, repair and alteration of uninhabitable industrial structures used for purposes of housing equipment for energy production, gas production, chemical production, or other utilities, except water production and water treatment, including assembly, installation and connection of pre-manufactured industrial equipment therein; and construction of habitable or uninhabitable attached accessory use structures not exceeding 1500 square feet used solely for the purpose of housing related operating and controlling equipment.

(3) Industrial Facility Specialty Contractors shall be unlimited in his or her ability to enter contracts for the scopes of work described in subsection (2), except that the Industrial Facility Specialty Contractor shall be required to subcontract all work not specifically enumerated above that falls within the scopes of work set forth in Section 489.105(a)-(p) or 489.505, Florida Statutes, to a licensee who holds a state certification or registration in the respective category of work.

(4) An applicant for an industrial facility specialty contractor certification shall pass the general contractor examination and shall demonstrate experience in the scopes of work described in subsection (2).

(5) The additional certification procedures and fees for certified industrial facility specialty contractors shall be the same as those provided for the certification of other contractors as defined and set forth in Sections 489.109, 489.111, 489.113, 489.114, 489.115, and 489.116, F.S.

(6) Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

(7) Certified Industrial Facility Specialty Contractors must maintain applicable worker’s compensation and general liability insurance as required by state and federal laws.

Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New__________.

 

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: January 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 13, 2013