The proposed rule amendments are intended to update provisions in the rules due to statutory changes, rule title change, and for clarity. For Rule 61G1-23.030, F.A.C., the Board proposes the repeal of the rule due to unnecessary ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Architecture and Interior Design

RULE NOS.:RULE TITLES:

61G1-23.010Responsible Supervising Control Over Architectural or Interior Design Work.

61G1-23.015Demonstrating the Application of Responsible Supervising Control Over Architectural or Interior Design Work.

61G1-23.020Responsible Supervising Control of Documents for Exempt Buildings Which Require an Architect’s or Registered Interior Designer’s Seal and Signature for Building Permit Purposes.

61G1-23.025Standards for Architectural or Registered Interior Design Supervision in Construction or Marketing Offices.

61G1-23.030Standards for Architectural Supervision in Construction or Marketing Offices

PURPOSE AND EFFECT: The proposed rule amendments are intended to update provisions in the rules due to statutory changes, rule title change, and for clarity. For Rule 61G1-23.030, F.A.C., the Board proposes the repeal of the rule due to unnecessary language.

SUMMARY: Substantial rewording of the rules’ texts and repeal of Rule 61G1-23.030, F.A.C.

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: 481.203(16), 481.2055 FS.

LAW IMPLEMENTED: 481.203(16), 481.205(4), 481.221(4), (6), 481.223, 481.225, 481.229 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, Board of Architecture and Interior Design, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone] or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

Substantial rewording of Rule 61G1-23.010 follows.  See Florida Administrative Code for present text.

61G1-23.010 Responsible Supervising Control Over Architectural or Interior Design Work.

The preparation of architectural or registered interior design work, defined in Section 481.203()6), (8), F.S., must occur under the responsible supervising control of an architect or registered interior designer licensed in this State.  Such control ensures that the required professional standard of care is applied, in order to safeguard the public from harm and confirm that the owner’s needs and requirements as well as applicable codes and standards are met.

(1) The person responsible for the exercise of responsible supervisory control over architectural or interior design work shall be the person who signs and seals the documents related to the work.  

(2) The responsible supervising control which is required of architects or registered interior designers prior to signing and sealing architectural or interior design documents, respectively, as that term is used in Section 481.221(6), (7), F.S., shall mean:  

(a) Direct contact between the architect or registered interior designer and his/her client.  

1. The client shall have direct uninterrupted access to the architect or registered interior designer at all times, during the preparation of all architectural or interior design work.  Access shall begin with the start of the work and continue, without interruption until the work is completed or construction of the project is completed.  

(b) To avoid ambiguity, the architect or registered interior designer and their client should have a clear written agreement, describing in detail, the work to be done and all pertinent requirements such as, but not limited to time for performance and general expectations.  

(c) The architect or registered interior designer shall have direct participation in and detailed knowledge of the work, during its progress.  Such involvement shall include, but not be limited to:

1.   Direct preparation of research, investigations, designs or  documents.

2.  Regular review and examination, with commentary on designs or documents while their preparation is progressing.

3. Meetings with clients, at times appropriate to the progress of the work, for the review of project goals, requirements and expectations.

4.  Meetings with others, having authority over the work, such as: representatives of agencies having jurisdiction over the project, contractors, manufacturers, consultants.

5.  Review, examination, modification, approval and adoption of work prepared by others to be incorporated in the work.

6.  Review, comment on and revision, as necessary, of the various documents required for execution of the work.

(3) An architect or registered interior designer must demonstrate that they are exercising responsible supervisory control over multiple projects through one of the requirements set forth by Sections 481.225(1)(g) and 481.225(1)(o), F.S., and these rules.

(4) An architect or registered interior designer shall provide responsible supervising control personally or through direct employment of others who may themselves be licensed or who are duly trained and knowledgeable.

(5) Indirect employment arrangements, such as independent contractors, may not provide responsible supervising control on behalf of a licensee or registrant, unless there is a specific written agreement governing those services, which details the duties and responsibilities of the architect or registered interior designer and the independent contractor with respect to responsible supervising control, as described in (2) above.  

(6) Notwithstanding the above provisions, an architect’s or registered interior designer’s duty to exercise responsible supervisory control over his/her work , is undelegable.

Rulemaking Authority 481.203(16), 481.2055 FS. Law Implemented 481.205(4), 481.221(4), 481.223, 481.225 FS. History–New 11-21-94, Amended 7-3-03,                              .

 

Substantial rewording of Rule 61G1-23.015 follows.  See Florida Administrative Code for present text.

61G1-23.015 Demonstrating the Application of Responsible Supervising Control Over Architectural or Interior Design Work.

The Board may, as part of its investigation of a complaint against a licensee or registrant, required that an architect or registered interior designer provide evidence which demonstrates that the architect or registered interior designer has provided an appropriate level of Responsible Supervising Control over a project or projects.  

(1) Evidence demonstrating Responsible Supervising Control shall consist of project records, customary to architectural or interior design practice by an architect or registered interior designer, as appropriate, exercising the required professional standard of care, such as:

(a) Written project agreements.

(b) Records memorializing meetings between project participants. 

(c) Communications between project participants.

(d) Documentation of research, or investigations conducted on behalf of the project.

(e) Design sketches at various stages of development, indicating the progress of the project.

(f) Notations memorializing reviews, corrections or revisions of documents prepared for the project.

(2) Evidence may be presented in any medium which can be readily reviewed by the Board and must be sufficient to demonstrate the application of Responsible Supervising Control across the duration of the Project timeline.  

(3) Determination of the sufficiency of evidence presented will be by the Board, or its Probable Cause Panel, as appropriate.

Rulemaking Authority 481.2055 FS. Law Implemented 481.203(16), 481.205(4), 481.221(6), 481.223, 481.225 FS. History–New 11-21-94        .

 

Substantial rewording of Rule 61G1-23.020 follows.  See Florida Administrative Code for present text.

61G1-23.020 Responsible Supervising Control of Documents for Exempt Buildings Which Require an Architect’s or Registered Interior Designer’s Seal and Signature for Building Permit Purposes. 

The procedures set forth in Rule 61G1-23.010, F.A.C., shall also be followed when an architect or registered interior designer is required by local building ordinance to sign and seal plans for buildings which unlicensed persons are authorized to design under the exceptions contained in Sections 481.229(1)(a)-(c), F.S.

Rulemaking Authority 481.2055 FS. Law Implemented 481.221(4), 481.223, 481.225 FS. History–New 11-21-94, Amended 5-13-04,                .

 

Substantial rewording of Rule 61G1-23.025 follows.  See Florida Administrative Code for present text.

61G1-23.025 Standards for Architectural or Registered Interior Design Supervision in Construction or Marketing Offices.

(1) An architectural or registered interior design office which is a construction or site office is considered as offering architectural or interior design services to the public, and therefore, such office must comply with the requirements of Rule  61G1-23.010, F.A.C., above.

(2) An architect or registered interior designer shall not be required to be assigned to a marketing office. A marketing office is defined as an office of an architectural qualified business organization or registered interior design business wherein no production of drawings, specifications, reports or other professional work occurs and is intended solely for the purpose of advertising or marketing an architectural qualified business organization or registered interior design business’ services to the public. The client contact permitted as a marketing office by non-registered persons shall only include marketing qualifications and capabilities of the business. No other professional activities shall be performed at this office.

(3) Any architect, registered interior designer  or architectural qualified business organization or registered interior design business can advertise in any medium, even if an office is not physically present in the area of the advertisement. Such advertisement or listing, however, shall not mislead the public into believing that the phone number and address given is capable of offering architectural or interior design services to the public if in fact the phone or address listed is not an architectural or registered interior design office and shall be clearly listed or designated as a marketing office only or a construction or site office, as applicable.

Rulemaking Authority 481.2055 FS. Law Implemented 481.221(4), 481.223, 481.225, 481.229 FS. History–New 11-21-94, Amended 5-13-04,                          .

 

61G1-23.030 Standards for Architectural Supervision in Construction or Marketing Offices.

Rulemaking Authority 481.2055 FS. Law Implemented 481.221(4), 481.223, 481.225, 481.229 FS. History–New 11-21-94, Amended 5-13-04, Repealed              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Architecture and Interior Design

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Architecture and Interior Design

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 31, 2020