The proposed amendments will updated the rules text to implement statutory changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NOS.:RULE TITLES:

61G19-6.0035Application for Provisional and/or Standard Certification

61G19-6.016Voluntary Certification Categories

61G19-6.017One and Two Family Dwelling Inspector Certification

PURPOSE AND EFFECT: The proposed amendments will updated the rules text to implement statutory changes.

SUMMARY: Update rules text due to statutory changes.

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: 468.606, 468.609, 468.609(10) FS.

LAW IMPLEMENTED: 468.609, 468.609(2), (7), (10) 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: Krista B. Woodard, Executive Director, Building Code Administrators and Inspectors Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0783, or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G19-6.0035 Application for Provisional and/or Standard Certification.

(1) Each individual who wishes to obtain a provisional and/or standard certificate in any certificate category shall submit the following to the Board:

(a) No change.

(b) An attestation describing in detail each separate period of work experience listed in the application form, signed by a licensed architect, engineer, contractor, fire marshal, or building code administrator who has knowledge of the applicant’s duties and responsibilities during the period indicated or experience which can be confirmed and/or substantiated by board-approved evidence. The form that shall be used for this purpose shall be provided by the Department and available on the Department’s website. Each attestation must include the name and address of the applicant’s employer during the work experience period, the dates of employment, and a description of the applicant’s duties and responsibilities during the employment including any supervisory responsibilities, in sufficient detail to enable the Board to determine whether or not the applicant has the experience required for certification.

(c) Each applicant for certification as an inspector or plans examiner shall demonstrate that he or she has at least one (1) year of hands-on experience in the category of certification sought, with the exception of Residential 1 and 2 family dwelling inspector. For Residential 1 and 2 family dwelling inspector certification, refer to the specific requirements in rule 61G19-6.017, F.A.C.

(d) through (f) No change. 

(2) through (4) No change. 

(5) The board shall approve an application for Standard Certification by endorsement when an applicant holds a building code administrator, inspector, or plans examiner license/certification issued by another state for at least 10 years before the date of application; and has successfully passed an applicable examination administered by the International Code Council. Such application must be submitted for Board review when the license/certification from the other state is active or within 2 years of the license/certification being active.

Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.609 FS. History–New 11-28-95, Amended 10-1-97, 2-23-99, 6-3-03, 2-6-07, 10-4-07, 12-17-12, 9-20-17, 2-14-18,                .

 

61G19-6.016 Voluntary Certification Categories.

The following voluntary certification categories are created.

(1) through (3) No change. 

(4) Modular Inspector. This license is required for inspection of all modular buildings constructed to the Florida Building Code and administered under chapter 553, part I, F.S., unless otherwise provided for in Florida Statutes.

(a) No change. 

(b) Responsibilities: Verify the state approved plans are in the factory. Assure the buildings being manufactured comply with the approved plans and the applicable Florida Building Code. Compare the approved plans to the modular building and identify any deviations. Determine the reason for the deviations and investigate repetitive deviations in other buildings. Discuss the deviations with the in-plant quality control supervisor and establish a procedure to resolve the deviations. Verify the appliances and equipment installed in the building are consistent with those identified in the quality control manual. Verify the data plates have all the information as required in chapter 9B-1, F.A.C. Assure the state insignia is affixed to the correct building. The modular inspector shall monitor quality control procedures to verify the in-plant quality control personnel are conducting quality control reviews at the proper times. The modular inspector shall notify the Department of Community Affairs contracted inspection agency of any problems with the in-plant quality control procedures. The inspector shall follow-up on quality control procedures to verify that the in-plant quality control inspector is making the inspection of the buildings at the proper time. Persons qualified as Residential one and two family dwelling inspectors may also inspect one and two family, two family, and three family modular residences regulated under chapter 9B-1, F.A.C. Persons qualified as Standard Building Inspectors in all four disciplines of building, electrical, mechanical and plumbing may also inspect all modular buildings regulated under chapter 9B-1, F.A.C.

(5) Modular Plans Examiner. This license is required for plans reviews of all modular buildings constructed to the Florida Building Code and administered under chapter 553, Part I, F.S., unless otherwise provided for in Florida Statutes.

(a) No change.

(b) Responsibilities: Examine building construction plans for compliance with the applicable Florida Building Code. Assure compliance with Florida’s Manufactured Buildings Act, chapter 553, part I, F.S., along with chapter 9B-1, F.A.C. Resolve code problems with the local personnel on behalf of the agency’s clients. Research the code changes upon adoption of the current edition of the codes. Review the proposed amendments to chapter 9B-1, F.A.C., and provide input accordingly. Persons qualified as a Residential one and two family dwelling plans examiner may also review and approve plans for one and two family modular residences regulated under chapter 9B-1, F.A.C. Persons qualified as Standard Building Plans Examiners in all four disciplines of building, electrical, mechanical and plumbing may also review all modular buildings regulated under chapter 9B-1, F.A.C.

(6) Residential One and Two Family Dwelling Plans Examiner. One and Two Family Dwelling Plans Examiner means a person who is qualified to determine that the plans submitted for the purpose of obtaining building and other permits, for one and two family dwellings and accessory structures, comply with the building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable building codes. In order to obtain this voluntary certification, the applicant must hold standard certification as Residential one and two family dwelling inspector; must have passed the State principles and practices examination; hold a standard certificate as a plans examiner (any category); and holds a Southern Building Code Congress International, Inc. (SBCCI) or certification as an International Code Council (ICC) Residential Plans Examiner certification as a Coastal Construction Inspector.

Rulemaking Authority 468.606, 468.609(10) FS. Law Implemented 468.609(10) FS. History–New 7-5-95, Amended 7-7-96, 8-6-97, 6-25-98, 12-28-00, 2-28-02, 4-7-03, 9-3-03, 3-7-06, 6-13-07, 11-21-07, 6-24-09,            .

 

61G19-6.017 Residential One and Two Family Dwelling Inspector Certification.

(1) Provisional certification may be obtained in the category of Residential one and two family dwelling inspector, provided that the Building Code Administrator of the jurisdiction licensee’s supervisor holds standard certification pursuant to chapter 468, part XII, F.S.

(2) Applicants for standard or provisional certification in this category must meet the eligibility requirements according to one of the following criteria:

(a) through (f)  No change.

(g) Standard certification as an inspector in any of the categories listed in section 468.603(6), F.S., plus satisfactory completion of a Residential one and two family inspector training program of not less than 500 hours.

(h) Standard certificate/license as a firesafety inspector issued pursuant to chapter 633, F.S. with Four five years’ verifiable full-time experience conducting firesafety inspections plus satisfactory completion of a  Residential one and two family inspector training program of not less then 5800 hours.

Rulemaking Authority 468.606 FS. Law Implemented 468.609(2), (7) FS. History–New 2-28-02, Amended 12-11-07, 3-5-17,     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Building Code Administrators and Inspectors Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Building Code Administrators and Inspectors Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2020