The Board proposes the rule amendment to implement Chapter 2022-136, Laws of Florida and to resolve JAPC concerns with existing language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NO.:RULE TITLE:

61G19-1.009Definitions

PURPOSE AND EFFECT: The Board proposes the rule amendment to implement Chapter 2022-136, Laws of Florida and to resolve JAPC concerns with existing language.

SUMMARY: Definitions will be updated to implement Chapter 2022-136, Laws of Florida and to resolve JAPC concerns.

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, 468.607 FS.

LAW IMPLEMENTED: 468.603, 468.609 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 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:

 

61G19-1.009 Definitions.

(1) through (3) No change.

(4) “Certificate” means a certificate issued by the Department as provided in this part. The term does not include a certificate issued by the International Code Council (ICC) Code Institute.

(5) No change.

(6) “Certificate” or “Certificate holder” shall for the purposes of Chapter 61G19, F.A.C., be synonymous with the terms “License” and “Licensee” respectively. The term does not include a certificate issued by the International Code Council (ICC) Code Institute.

(7) through (13) No change.

(14) “One and two family dwelling inspector” means an individual approved for standard certification by the Board prior to July 1, 2020 who is qualified to inspect and determine that one and two family dwelling and accessory structures are constructed in accordance with the provisions of the Florida Building Code/Residential.

(15) No change.

(16) “Private provider” is as defined in section 553.791(1)(n), F.S., and means a person providing alternative plans review and inspection services, who is licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, or as an architect under chapter 481. For purposes of performing inspections  under section 553.79for additions and alterations that are limited to 1,000 square feet or less to residential buildings, the term “private provider” also includes a person who holds a standard certificate under part XII of chapter 468.  The term does not include a non-governmental employee exercising building construction regulation responsibilities pursuant to contract with a state or local governmental agency or jurisdiction (commonly known as a “Municipal Services Provider”).

(17) “Certified Building Official” means a person holding a Florida Standard Certificate as a Building Code Administrator or Building Official, as those terms are defined in section 468.603(2), F.S.  The term does not include persons holding only an International Code Council (ICC) Code Institute certification as a building official, unless such person also holds a Florida Standard Certificate as such.

(18) “Direct Supervision” means the supervisor directs, supervises and controls the activities of the trainee.

(19) “Municipal Service Provider” means a company, firm or person that provides persons or is a person possessing standard licensure under this part and performs activities of inspection, plan review or Building Code Administrator services to a governmental entity under contract with that entity.

Rulemaking Authority 468.606, 468.607 FS. Law Implemented 468.603, 468.609 FS. History–New 5-23-94, Amended 5-21-95, 11-20-95, 1-16-03, 6-8-17, 2-14-18, 10-21-20,                             .

 

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: August 18, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 20, 2022