The purpose of the amendment is to update the required certifications for Special Inspectors of Threshold Buildings and to establish a new certification for Special Inspectors of Threshold Buildings (Limited).

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-35.0021Definitions

61G15-35.003Qualification Program for Special Inspectors of Threshold Buildings

PURPOSE AND EFFECT: The purpose of the amendment is to update the required certifications for Special Inspectors of Threshold Buildings and to establish a new certification for Special Inspectors of Threshold Buildings (Limited).

SUMMARY: Updates rule language and establishes an additional certification.

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: 471.008. 471.015(7) FS.

LAW IMPLEMENTED: 471.015(7), 553.79(50(a) 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: Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303; [phone], or by email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G15-35.0021 Definitions

(1) “Special Inspectors of Threshold buildings,” also referred to as “Threshold Inspectors,” can perform inspections on all threshold buildings or perform any other services authorized by Section 553.79(5)(a), F.S.

(2) “Special Inspectors of Threshold buildings (Limited)”, also referred to as “Threshold Inspectors (Limited),” can only perform inspections on the Alterations, Restoration, Repair, and/or Rehabilitation of threshold buildings and are not permitted to do inspections on new construction of threshold buildings.

(3) “Threshold Building” is as defined by the Florida Building Code, section 553.71(12), F.S.

(4) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 471.008, 471.015(7) FS.  Law Implemented 471.015(7), 553.79(5)(a) FS. History–New       .

 

61G15-35.003 Qualification Program for Special Inspectors of Threshold Buildings and Special Inspectors of Threshold Buildings (Limited).

(1) Special Inspectors of Threshold Buildings: The minimum qualifying criteria for Special Inspectors of Threshold Buildings, also referred to as Threshold Inspectors, established by the Board shall be as follows:

(a) No Change.

(b) Licensed professional engineers whose principal practice is structural engineering shall also have three (3) years of experience in performing structural field inspections on Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and two (2) years of experience in the structural design of threshold buildings. For the purpose of these criteria, structural design and/or inspection shall mean the design and/or inspection of all structural components of the building and shall not be limited to specific structural components only, such as foundations, prestressed or post-tensioned concrete, etc.

(c) No change.

(2) Special Inspectors of Threshold Buildings Limited

(a)  To implement section 553.79, F.S., the Board hereby establishes the certification of Special Inspectors of Threshold Buildings (Limited), also referred to as “Special Inspectors (Limited)” or “S.I. (Limited).”  Any licensee holding this certification may serve as the Special Inspector / Threshold Building Inspector for any project involving the alteration, restoration, repair, rehabilitation, or renovation of components of an existing Threshold Building, when such project does not involve new construction or major structural re-design of all components and is generally governed by Florida Building Code - Existing Buildings.  Licensees who wish to serve as Special Inspectors for new construction, major re-design, or major structural modifications or changes or buildings with substantial structural damage must be certified pursuant to subsection (1), above.

(b) The minimum qualifying criteria for Special Inspectors (Limited) are established by the Board to be as follows:

1. Three (3) years of experience in performing structural field inspections on Threshold Buildings, components thereof, or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and two (2) years of experience in the structural design of repairs to components of threshold buildings. For the purpose of these criteria, examples of structural components include, but are not limited to, prestressed or post-tensioned concrete, balconies, exterior walls, etc.

2. Licensed professional engineers whose principal practice is structural field inspections shall have five (5) years of experience in performing structural field inspections on Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and possess each of the certifications identified in paragraph 61G15-35.004(2)(f), F.A.C., at the time of application.

(3) Application For Special Inspector of Threshold Buildings.

(a) through (b) No change.

(c) Applications shall contain the following basic information pertaining to the applicant:

1. through 2. No change.

3. A list of projects submitted for experience credit.

a. No change.

b. Credible experience. The Board will only grant experience for work on projects identified pursuant to sub-subparagraph (2)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management unrelated to design or inspection of the project).

c. No change.

4. through 6. No change.

(d) No change.

(4) Special Inspectors of Threshold Buildings (Limited).

(a) The instructions and application form for Special Inspectors of Threshold Buildings (Limited), Form FBPE/011 (08/20) is hereby incorporated by reference, “Application for Special Inspector of Threshold Buildings (Limited) Certification.” Copies of Form FBPE/011 may be obtained from the Board office or by downloading it from the internet website www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref-        .

(b) All applications for certification as a Special Inspector of Threshold Buildings (Limited) shall be submitted to the Board on Form FBPE/011.

(c) Applications shall contain the following basic information pertaining to the applicant:

1. Name,

2. Florida license number,

3. A list of projects submitted for experience credit.

a. Project descriptions. For each project identified, the following shall be clearly listed:

(I) The beginning and ending experience dates,

(II) The time spent on design or inspection work, expressed as a percentage of the applicant’s total work time; and,

(III) A description of work performed sufficient to clearly demonstrate that the minimum qualification criteria have been met, including the components designed or inspected and details of the threshold/special inspection plan.

b. Credible experience. The Board will only grant experience for work on projects identified pursuant to sub-subparagraph (4)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management).

c. All experience claimed must be verified. For design work, experience must be verified by the Engineer of Record. If the applicant is the Engineer of Record for the project, the applicant’s work must be verified by another professional engineer knowledgeable about the applicant’s design work on the project, such as a colleague, supervisor, team member, etc. Field inspection experience must be verified by the Special Inspector for the project.

4. Letters of recommendation from three registered professional engineers whose principal practice is structural engineering or restoration/repair work on Threshold Buildings in the State of Florida, one of whom must be certified as a Special Inspector.

5. The signature, date and seal by the applicant attesting to the competency of the applicant to perform inspections on components of threshold buildings; and,

6. Completed form FBPE/011.

(d) Upon a determination that the application contains all of the information requested by these rules, review of the application shall be scheduled for consideration by the Board. Such applications may be approved, rejected or deferred for further information by the Board. If the Board defers an application for additional information, it shall notify the applicant of the information needed. Applicants shall be notified in writing of the Board’s actions as soon as practicable and, in the case of rejected applications, the Board shall set forth the reasons for such rejection.

(5)(3) Roster of Special Inspectors. The Board shall maintain a roster of all persons certified as Special Inspectors or Special Inspectors (Limited) pursuant to the criteria established in these rules and the law. The roster shall be made available to interested parties upon request. The roster shall be updated on a continuing basis and additions or deletions to the latest published roster may be verified by contacting the Board office.

(6) Any Florida Professional Engineer certified as a Special Inspector (Limited) may apply at any time for certification as a Special Inspector of Threshold Buildings, by following the provisions outlined in subsection (3), above.  If the applicant is so certified, the Board shall cancel the Special Inspector (Limited) certification and update the roster to reflect the applicant is certified as a Special Inspector of Threshold Buildings.

(7)(4) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 471.008, 471.015(7) FS. Law Implemented 471.015(7), 553.79(5)(a) FS. History–New 4-19-01, Amended 7-7-02, 4-5-04, 11-29-04, 2-4-13, 2-28-16, 6-6-16, 6-26-17, 4-8-18, 12-27-18, 5-31-20,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 4, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 27, 2020