The Board proposes an amendment to update and clarify the rule regarding certified specialty contractors.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.100Certified Specialty Contractors

PURPOSE AND EFFECT: The Board proposes an amendment to update and clarify the rule regarding certified specialty contractors.

SUMMARY: The proposed rule language updates and clarifies the requirements for certified specialty contractors.

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: Amanda Ackermann, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039, or telephone: [phone], or by electronic mail to [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.100 Certified Specialty Contractors

(1) The purpose of this rule is to provide for the certification of the following specialty contractors licensure types:

(a) A “structural aluminum or screen enclosures specialty contractor” is qualified and certified by the board to perform any work involving aluminum screened porches, screened enclosures, pool enclosures, pre-formed panel-post and beam roofs, mobile home panel roof-overs, residential glass and window door enclosures, vinyl panel window enclosures and single-story self-contained aluminum utility storage structures not exceeding seven hundred twenty (720) square feet.  The scope of the work shall include woodwork incidental to the aluminum and allied materials construction work.  It shall be limited to the construction of wood framing for walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the rescreening, repair and/or replacement of wood incidental to the installation of glass windows and doors, installation of siding, soffit, fascia, gutters, and preformed panel-post and beam roofs, and screen enclosures.  The scope of such work shall include masonry concrete work and be limited to foundations, slabs and block knee walls incidental to the aluminum and allied materials construction work.  The aluminum contractor, whose services are limited, shall not perform any work that alters the structural integrity of the building including but not limited to roof trusses, lintels, load bearing walls and foundations.  The aluminum contractor shall subcontract, with a licensed qualified contractor in the field concerned, all work incidental to that which is defined herein but which is the work of a trade other than that of an aluminum contractor.  The scope of licensure for an aluminum contractor includes and is limited to the execution of contracts requiring the experience, financial means, knowledge and skill necessary for the fabrication, assembling, handling, erection, installation, dismantling, adjustment, alteration, repair, servicing and design work when not prohibited by law, in accordance with accepted engineering data and/or according to manufacturer's specification in the aluminum metal, vinyl and fiberglass screening and allied construction materials.

(b) No Change.

(c) A “marine seawall work specialty contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace supporting members of piers and docks, e.g., piles or pilings, columns, posts, stanchions.  The scope of work of such contractor shall include all construction below, above, or beyond, the mean low water line, for the sole purpose of constructing, erecting or dismantling of piers, docks and seawalls.

(d) A “marine bulkhead work specialty contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace bulkheads and its supporting members.  The scope of work of such contractor shall include all construction below, above or beyond, the mean low water line, for the sole purpose of constructing, erecting, or dismantling of bulkheads.

(e) A “marine dock work specialty contractor” is qualified and certified by the board to install, repair, maintain, or alter docks, piers, and decks of marine nature, and may perform pile driving as well as other operations necessary for the safe construction of these structures.

(f) A “marine pile driving specialty contractor” is qualified and certified by the board to drive concrete, wood, or steel piles in a marine environment to provide the foundations for fixed docks, floating docks, boathouses, mooring devices, mooring fields, seawalls, bulkheads, piers, wharfs, boatlifts, boat ramps, revetments, cofferdams, wave attenuators, dune crossovers and other marine structures.

(g) Through (h) No Change.

(i) A “structural steel work specialty contractor” is qualified and certified by the board to install, repair, maintain, and replace steel framework, columns, sheathing, beams, and fabrication of metal buildings.

(j) A “window and door installation specialty contractor” is qualified and certified by the board to install, replace, adjust, repair, and service, when not prohibited by law, in accordance with accepted engineering data and or according to manufacturers’ specification of exterior windows and doors, hurricane protection devices, shutters, and hardware in connection therewith which do not affect structural changes, except the replacement of window bucks in retrofit.

(k) A “garage door installation specialty contractor” is qualified and certified by the board to fabricate, assemble, handle, erect, install, dismantle, adjust, alter, repair, and service garage doors.  The scope of such work shall include all types of garage doors, including the related hardware and operating devices.  Such contractor shall be allowed to install low voltage wiring for safety features and cord and cap connected to the devices, motors, and equipment; any other electrical work related to the installation of a garage door shall be subcontracted to a licensed electrical contractor, including wire removal and/or rewiring, installation of receptacles, lights, and switches.  Such contractor shall be allowed to subcontract with other licensed contractors for work directly related to the installation of the garage door.

(l) Through (r) No Change.

(s) A “glass and glazing specialty contractor” is a specialty contractor whose scope of work is limited to the installation and attachment of all types of windows and glass, on residential and commercial applications without any height restriction, whether fixed or movable; the installation of swinging or sliding glass doors to existing walls, floors, columns or other structural members of the building; the installation of glass holding or supporting mullions or horizontal bars; the installation of structurally anchored impact-resistant opening protection attached to existing building walls, floors, columns or other structural members of the building; and the cutting and installation of glass and mirrors. A glass and glazing specialty contractor may also install prefabricated glass, metal or plastic curtain walls, storefront frames or panels, caulking incidental to such work and assembly, and installation of shower & tub enclosures and metal fascias.

(t) A “gypsum drywall specialty contractor” is a specialty contractor whose scope of work is limited to the installation of all necessary and incidental metal accessories, including non-load bearing metal studs, runners, hangers, channels, drywall metal suspension accessories and prefabricated ceiling materials; and the preparation of the surface over which drywall product is to be applied. This includes the application of base and finish coats specifically designed for the gypsum drywall products of their own erection. This category shall not include plastering, block, or wood partitions.

(u) No Change.

(2) Through (4) No Change.

Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History‒New 5-5-24,________________.

 

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: May 10, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 17, 2024