The purpose of these amendments is to address statutory changes in Section 633.081(8), F.S. relative to the firesafety inspector certification process. Further, the Department adopts a certification renewal application.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO.: RULE TITLE:
69A-37.039: Prescribed Forms for Training and Certification
69A-37.065: Programs of Study and Vocational Courses
PURPOSE AND EFFECT: The purpose of these amendments is to address statutory changes in Section 633.081(8), F.S. relative to the firesafety inspector certification process. Further, the Department adopts a certification renewal application.
SUMMARY: The application for the special firesafety inspector is not necessary as this particular certification class was repealed by Chapter 2011-79, Laws of Florida. Additionally, Rule Chapter 69A-39, F.A.C., will be amended to include the program of study requirements for firesafety inspector certification. As a result, the requirements are being removed from Rule Chapter 69A-37, F.A.C. Lastly, the Department adopts a certification renewal application.
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: The Department lacks the rulemaking authority to retain the rule provisions governing the certification and training of special firesafety inspectors pursuant to Chapter 2011-79, Laws of Florida. Those individuals seeking to conduct firesafety inspections must obtain a certification as a firesafety inspector. All of the necessary requirements for those certifications will be in Rule Chapter 69A-39, F.A.C. once amended. The Division of State of Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(1), F.S. and is therefore does not require legislative ratification pursuant to Section 120.541(3), F.S.
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: 633.01, 633.081(9), 633.45(2)(a) FS.
LAW IMPLEMENTED: 633.34, 633.35, 633.38, 633.45, 633.046, 633.101(1), 633.45(1)(d) 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: Thursday, June 21, 2012, 8:00 a.m.
PLACE: Radisson Resort Orlando Celebration, Room Flamingo, 2900 Parkway Boulevard, Kissimmee, Florida 34747
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: Barry Baker, [phone] or [e-mail]. 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: Barry Baker, Chief, Bureau of Fire Standards and Training, Division of State Fire Marshal, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-37.039 Prescribed Forms for Training and Certification.

(1) Information required by the Bureau in this chapter shall be furnished on-line at www.floridastatefirecollege.org. The information required at www.floridastatefirecollege.org is based on prescribed forms set forth below and incorporated herein. The forms can also be obtained:

(a) through (c) No change.

(2)(a) through (t) No change.

(u) DFS-K4-1459 rev. 03/09, “Application for Special Firesafety Inspector Examination”

(u)(v) DFS-K4-1023 rev. 03/12 03/09, “Application for Firesafety Inspector I Examination.”

(v) DFS-K4-1463 rev. 04/12, “Certification Renewal Application.”

Rulemaking Specific Authority 633.01, 633.081(9), 633.45(2)(a), FS. Law Implemented 633.34, 633.35, 633.38, 633.45, 633.046, 633.101(1) FS. History–New 9-7-81, Formerly 4A-37.20, 4A-37.39, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 9-13-98, 12-10-01, Formerly 4A-37.039, Amended 3-19-09,________.

 

69A-37.065 Programs of Study and Vocational Courses.

The following programs of study are developed and revised by the Florida State Fire College, pursuant to Sections 633.45 and 633.081, F.S.:

(1) through (4) No change.

(5) Special State Firesafety Inspector Program.

(a) Length of Program. This program consists of no fewer than three courses, vocational or academic, of at least 120 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

(b) Content of Program. This program includes coursework in fire prevention practices, codes and standards, and a mutually agreeable elective as approved by the standards section of the Bureau of Fire Standards and Training. Such mutually agreeable elective shall be an elective which has been proposed by the student to the faculty, reviewed by the faculty to determine relevance of content and duration of delivery, and approved by the faculty to be taken by the student.

(c) Instructor Qualifications.

1. An Instructor I for certificate,

2. Instructor II or III may teach provided he or she has successfully completed the course.

(d) Requirements for certification:

1. Successful completion of all required course work.

2. Passing a state examination with a score of 70% or higher.

3. Submission of the required application (Form DI4-1459), which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(6) through (7) renumbered (5) through (6) No change.

(7)(8) Requirements for certification or Competency Examination.

(a) In order for a person to be eligible to be tested, the required paperwork must be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date for review, verification and approval.

(b) All testing will be accomplished at a Regional Testing Site quarterly or at the Florida State Fire college monthly.

(c) Retake examinations will be permitted at subsequent quarterly Regional Testing Sites or monetly at the Florida State Fire College.

(b)(d) Application for retesting shall be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date.

(9) Triennial Renewal of Inspector and Special Inspector Certification.

(a) Inspector and Special Inspector Certification must be renewed every 3 years.

(b) Should the applicant fail to meet the prerequisite training requirements specified below for renewal, the applicant must qualify for and successfully pass the required state examination for the appropriate inspector certification requested.

(c) The Bureau of Fire Standards and Training shall notify the certified inspector that the applicant’s certification is due for renewal approximately 30 days prior to the expiration of the Inspector Certification.

(d) The Certified Inspector shall submit the renewal application to the Bureau of Fire Standards and Training specifying whether the renewal is to be based on completion of a course or attendance at workshops or seminars.

1. Course – Have successfully completed an approved course of instruction in a curriculum related to the inspector certification.

a. This course shall be 40 class hours in duration or the equivalent in Continuing Education Units (CEU’s).

b. Verification of successful completion of the course shall be included with the renewal application. Acceptable forms of verification include copies of certificates and college transcripts.

2. Workshops or Seminars – In the absence of completion of an approved course, the certification renewal shall be based upon attendance at a workshop or seminar related to the inspector certification which shall be a cumulative total of not less than 40 contact hours in duration.

(e) Any person whose certification is not renewed cannot function as an inspector or special inspector as defined herein.

(f) It is the responsibility of the certified inspector to notify the Bureau of Fire Standards and Training of any address changes in writing.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1)(d) FS. History–New 12-10-01, Formerly 4A-37.065, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Barry Baker, Chief, Bureau of Fire Standards and Training, Division of State Fire Marshal, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011