The Board proposes an amendment that updates the rules for clarity and to comply with legislative changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.: RULE TITLE:

61G4-15.001:Qualification for Certification

61G4-15.002:Statement of Authority

61G4-15.0024:Supervision of Business Entities

61G4-15.006:Financial Responsibility and Financial Stability, Grounds for Denial

61G4-15.012:Certification of Residential Solar Water Heating Specialty Contractors

61G4-15.021:Certification of Solar Contractors

61G4-15.027:Pollutant Storage System Specialty Contractors

61G4-15.028:Precision Tank Testers

61G4-15.029:Tank Lining Applicators

61G4-15.030:Certification of Registered Contractors

PURPOSE AND EFFECT: The Board proposes an amendment that updates the rules for clarity and to comply with legislative changes.

SUMMARY: The proposed rules are updated to provide clarity, to correct several issues with existing rule language, to comply with legislative changes, and to consolidate multiple specialty license types into a single rule.

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: 455.217(1), 489.105(3)(q), 489.105(12), 489.108, 489.113(3), 489.113(6), (7), 489.115(4), 489.115(5), 489.118, 489.119, 489.133, FS.

LAW IMPLEMENTED: 455.213, 489.105(4), 489.105(3)(o), (12), 489.105(3)(q), 489.111, 489.113(3), (7), (8), 489.113(6), 489.115(4), (5), 489.118, 489.119, 489.133, 489.1195, 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:

 

61G4-15.001 Qualification for Certification.

(1)(a) An applicant for certification must, as a precondition thereto, submit proof that the applicant meets the eligibility requirements set forth in Section 489.111(2)(c), F.S., for the particular category in which the applicant seeks to qualify. The Board will accept lawfully acquired experience gained under the supervision of a contractor, who, at the time was properly licensed in the applied for category or a category which encompasses the full scope of practice in which the applicant is seeking licensure.

(b) Such experience from outside jurisdictions will be accepted toward the category for which the applicant has applied so long as the experience complies with section Section 489.105, F.S. However, experience acquired by providing services that are would fall under an exemptions as established in pursuant to Chapter section 489.103, part 1, F.S., will not be accepted.

(2)(a) In the case of applicants for certification in the general or building contractor categories, the phrases “active experience” and “proven experience” as used in sections Sections 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean commercial construction experience involving construction, erection, alteration, or modification of buildings and structures with any use and occupancy classification except storage, utility, and miscellaneous structures of an accessory character including but not limited to agricultural buildings, aircraft hangers, barns, carports, garages, sheds, silos, tanks, towers, and any work exempted pursuant to sections Sections 489.103, F.S. Commercial experience must be in four or more of the following areas:

1. Through 6. No Change.

(b) An applicant (other than those contractors designated in sections Sections 489.111(2)(c)4.b. and c., F.S.) for certification in the general contractor classification must submit proof that she or he possesses at least one year of “active experience” or “proven experience” as defined above in the construction of structures not less than four stories in height.

(c) For the purposes of this rule the term “story” is defined at rule 61G4-12.011(1), F.A.C., which is accessible at grade, or through a staircase landing or elevator stop and contains space in which humans may safely work or live in reasonable comfort.

(3) In the case of applicants for certification in the residential contractor category, the phrases “active experience” and “proven experience” as used in section Section 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean construction experience involving construction, alteration, enlargement, or repair of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress. Experience must be in three or more of the following areas:

(a) Through (e) No Change.

(4) In the case of applicants for certification under the standard set forth in section Section 489.111(2)(c)1., F.S., the baccalaureate degrees in building construction, architecture, or engineering which are considered to be appropriate to the particular classification for which certification is sought shall be as follows:

(a) Through (e) No change.

(5) As an alternative to the experience required under sections Sections 489.111(2)(c)1.-3., F.S., an applicant for certification as a swimming pool/spa servicing contractor must submit proof that the applicant meets the requirements of section Section 489.111(2)(c)6.d., F.S., by demonstrating one year of proven experience related to the scope of work of a swimming pool/spa servicing contractor as defined in section Section 489.105(3)(l), F.S., performed under the supervision of a certified or registered commercial pool/spa, residential pool/spa, or pool/spa servicing contractor, and demonstrating satisfactory completion of a sixty-hour course of instruction, approved by the Board pursuant to Rule 61G4-18.004, F.A.C., and conducted by a course provider registered pursuant to Rule 61G4-18.003, F.A.C., that consists of the following:

(a) Through (b) No Change.

(c) Forty (40) hours of instruction utilizing curriculum an up to date publication from any Nationally National  recognized swimming pool association, or substantially equivalent materials, and including instruction on the following topics: Structures – Pool Structures & Finishes; Spa & Hot Tub Structures, Finishes & Equipment Packs; Circulation System – Circulation & Piping; Hydraulics – Pumps, Pump Motors & Air Blowers, Filters, Heaters, Chemical Feeders & Generators; Chemistry – Chemical Safety, Water Testing & Water Treatment; Water Treatment – Chlorine; Water Treatment – Other; Water Balance; Electrical System – Basic Electricity, Safety Requirements & Pool/Spa Electrical Equipment, Lighting, Controls, Controllers & Control Systems; Maintenance – Routine Maintenance, Season & Special Care, Covers; and Dewatering.

Rulemaking Authority 489.108 FS. Law Implemented 489.111 FS. History–New 1-6-80, Amended 12-16-80, 6-30-82, 4-11-83, Formerly 21E-15.01, Amended 12-11-90, 8-21-91, 4-16-92, Formerly 21E-15.001, Amended 7-18-94, 12-16-01, 2-6-03, 6-23-04, 1-15-07, 6-19-07,  11-26-08, 4-22-12, 1-5-17, 9-30-19,__________________.

 

61G4-15.002 Statement of Authority.

Any person applying for the issuance of a certificate or registration to engage in contracting in other than an individual capacity, or any registrant or certificate holder applying to qualify a partnership, corporation, business trust or other legal business organization shall furnish as part of the application a statement that the applicant is legally qualified to act for the business organization in all matters connected with its contracting business and that the applicant has authority to supervise construction undertaken by such business organization as the organizations primary or secondary qualifying agent.

(1) Through (4) No Change.

Rulemaking Authority 489.108 FS. Law Implemented 489.105(4), 489.119, 489.1195 FS. History–New 1-6-80, Formerly 21E-15.02, 21E-15.002, Amended 7-18-94, 8-23-01,____________________.

 

61G4-15.0024 Supervision of Business Entities.

Documentation of one or more of the following factors in an application to qualify a business entity will demonstrate to the Board, absent evidence to the contrary, that an applicant possesses the ability to properly supervise the proposed additional business entity for purposes of the application:

(1) Through (2) No Change.

(3) A joint venture agreement or an employment agreement between the applicant and the business organization which expressly establishes Other evidence of the means and methods utilized by the applicant to ensure control over the construction work of the proposed additional entity.

Rulemaking Authority 489.108, 489.119 FS Law Implemented 489.119 FS History–New 5-2-12,­­­­­­­­­­­­­­­­Amended_____________.  

 

61G4-15.006 Financial Responsibility and Financial Stability, Grounds for Denial.

(1) No Change.

(2) The financial stability ground on which the Board shall refuse to qualify an applicant is as follows:

(a)failure to provide proof of a credit score, FICO derived, of 660 or higher.

(b)Applicants who are unable to provide a credit score, FICO derived, of 660 or higher, shall meet the financial stability requirement by completion of a 14-hour financial responsibility course approved by the Board.

(3) No Change.

Rulemaking Authority 489.115(5) FS. Law Implemented 489.115(5) FS. History–New 1-6-80, Amended 5-4-80, Formerly 21E-15.06, 21E-15.006, Amended 10-31-96, 11-13-97, 2-12-08, 4-13-22,­­­­­­­­­­­­­___________________.

 

61G4-15.012 Certification of Residential Solar Water Heating Rooftop Solar Heating Installation Specialty Contractors.

(1) Scope of Rule. The purpose of this rule is to provide for the certification of rooftop solar heating installation residential solar water heating contractors, formally known as residential solar heating specialty contractors.

(2) Definition. A rooftop solar heating installation residential solar water heating contractor is a specialty contractor whose contracting business consists of the execution of contracts requiring the skill, knowledge, ability and experience to size, install, alter, repair, maintain, relocate, replace, or use residential domestic potable solar water heating systems to include solar heating panels and all appurtenances, apparatus or equipment used in connection therewith. The scope of work of such contractor is limited to solar domestic hot water systems for one-family, two-family, or three-family residences, not exceeding two stories in height and solar swimming pool heaters for residential swimming pools. Such contractor may tie into the existing pool pump or other equipment, but may not install, alter, repair, maintain, relocate, or replace any pool equipment, including but not limited to the pool pump. The residential solar water heating contractor must subcontract any work for which a local certificate of competency is required unless such contractor is state certified in the respective trade category or is licensed in such category by the appropriate local authority.

Nothing in this rule shall be deemed to restrict or limit in any manner the legal authority of certified mechanical contractors, certified Class A and B air conditioning contractors, or certified plumbing contractors to install residential solar water heating systems.

(3) Certification Procedures.

(a) Qualifications.

1. No Change.

2. A person shall be entitled to take the certification examination if the person:

a. Through b. No Change.

c. Meets eligibility requirements according to one of the criteria established in section Section 489.111(2)(c)1., 2., or 3., F.S.

(b) Other Certification Procedures and Fees. Other certification procedures and fees for rooftop solar heating installation specialty certified residential solar water heating contractors shall be the same as those provided for the certification of other contractors as defined in Part I, Chapter 489, F.S. The amount of liability insurance required for rooftop solar heating installation specialty certified residential solar water heating contractors shall be as follows: $100,000 public liability insurance and $25,000 property damage insurance.

(4)(a) All Residential Solar Water Heating Specialty Speciality Contractors whose certification or registration was issued pursuant to this part and is valid on July 1, 1994 shall be able to renew and otherwise continue business as is set forth in Chapter 489, F.S., and this part. No person not previously certified or registered as a Residential Solar Water Heating Specialty Speciality Contractor as of July 1, 1994, shall be certified or registered after July 1, 1994. However, the board shall continue to license and regulate those contractors who held said licenses in good standing prior to July 1, 1994.

(b) Only solar contractors who meet the qualifications for certification as set forth at section Section  489.105(3)(o), F.S., and Rule 61G4-15.012, F.A.C., may lawfully contract after July 1, 1994.

(c) No Change.

(5) Any person holding a Residential Solar Water Heating Specialty Contractor license shall continue to practice as a Rooftop Solar Heating Installation Specialty Contractor and shall not be required to reapply until such time as their license is renewed in the usual course of business.

Rulemaking Authority 455.217(1), 489.105(3)(q), 489.113(6), 489.115(4) FS. Law Implemented 455.217(1), 489.105(3)(q), 489.113(6), 489.115(4) FS. History– New 10-8-81, Formerly 21E-15.12, Amended 6-1-88, 4-20-93, Formerly 21E-15.012, Amended 11-13-97,_____________.

 

61G4-15.021 Minor work incidental to the installation of residential solar energy equipment Certification of Solar Contractors.

(1) Scope of Rule. The purpose of this rule is to provide for the certification of solar contractors.

(2) Definition.

(a) Solar Contractor. A solar contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to install, alter, repair, maintain, relocate, or replace solar panels for potable solar water heating systems, swimming pool solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection therewith. Such contractor shall subcontract with a qualified contractor in the field concerned all other work which is specified herein as being the work of a trade other than that of a solar contractor. The scope of work of the solar contractor shall apply to private and public property, and shall include all work incidental thereto as specified in subsection (3).

(b) Residential. For purposes of this section the term residential refers to systems installed in connection with one family, two family, or three family residences not exceeding two stories in height.

(3) Minor work incidental to the installation of residential solar energy equipment. The following work incidental to the installation of residential solar equipment shall be considered to be within the scope of work of a solar contractor. Unless otherwise indicated, the solar contractor shall be permitted to perform such work without subcontracting to a trade other than that of a solar contractor, provided all work is performed pursuant to applicable building codes, including, but not limited to the National Electric Code.

(1)(a) Electrical work. The branch circuit supplying the electric water heater, the receptacle outlet for a cord-and-plug-connected solar controller, the swimming pool pump motor, or and the premises wiring on the load side of the premises service disconnecting means shall be in accordance with the National Electric Code. If installation, alteration, removal, replacement, or upgrading of this circuit is necessary, the work shall be performed by licensed electrical contractors only.

(2)(b) Solar Water Heating Systems. Solar contractors may disconnect and reconnect the existing branch circuit wiring at the water heater. Solar contractors may install new or replace existing control wiring attached to a cord-and-plug-connected solar controller. For a photovoltaic pump controller, solar contractors may install new or replace existing direct current power wiring between the photovoltaic panel and the pump motor. All work shall be done in accordance with the National Electric Code.

(3)(c) Solar Pool Heating Systems. Solar contractors may install new or replace existing power wiring on the load side of an existing pump motor disconnect. Solar contractors may also install new or replace existing control wiring connected to a solar pool controller. All work shall be done in accordance with the National Electric Code.

(4)(d) Solar photovoltaic systems. Solar contractors may install new or replace existing power and control wiring in photovoltaic (PV) source circuits, PV output circuits, battery storage system circuits, and power conditioning unit. In an interactive system that operates parallel with a primary source of electrical energy, this work is limited to the PV supply side of the power conditioning unit. In a stand-alone, or non-grid connected system, the work above-referenced shall be limited to the PV supply side of the power conditioning unit and shall not include wiring integral to the building premises. All work shall be done in accordance with the National Electric Code.

(5)(e) Plumbing. The solar contractor shall perform all work required for the installation of a domestic solar water heating system and solar pool heating system, including connecting the solar hot water system to the existing cold water supply and hot water lines at the existing domestic water heater location. Such work shall be performed in accordance with applicable codes and standards.

(6)(f) Roofing. Solar contractors may perform roofing work directly related to the installation of a domestic solar water heating system, solar pool heating system, or photovoltaic system, including cutting roof openings and penetrations, installing flashings, attaching equipment mounting brackets and solar panels. Such work shall be limited to an area within 18 inches of each roof penetration or attachment and shall be performed in accordance with National Roofing Contractors Association roofing practices.

Rulemaking Authority 489.105(12), 489.108, 489.115(4) FS. Law Implemented 489.105(3)(o), (12) FS. History–New 3-1-92, Formerly 21E-15.021,_Amended____________.

 

61G4-15.027 Pollutant Storage System Specialty Contractors.

(1) No Change.

(2) Certification procedures and fees for Pollutant Storage System Specialty Contractors shall be the same as those provided for the certification of other contractors as required by and set forth in sections Sections 489.109, 489.111, 489.113, 489.114, 489.115, 489.116, F.S., and related rules.

(3) Method of Operation: nothing in this rule chapter is intended to supersede or modify standards of operation established for pollutant storage system specialty contractors by the Department of Environmental Protection, as expressly stated in rule Chapter 62-761, F.A.C., which rule chapter is hereby adopted (effective 11-99) and incorporated herein by reference as the Board’s operating standards for pollutant storage system specialty contractors.

Rulemaking Authority 489.108, 489.113(3), (7), 489.129(3), 489.133 FS. Law Implemented 489.113(3), (7), (8), 489.115(4), (5), 489.133, 455.213 FS. History–New 2-1-00, Amended 7-7-05, 11-15-07,__Amended_______________.

 

61G4-15.028 Precision Tank Testers.

(1) Scope of Rule: The purpose of this rule is to provide for the registration of precision tank testers.

(2) Registration Procedures for Precision Tank Testers:

(a) Qualifications:

1. No Change.

2. A person shall be registered as a precision tank tester if said person:

a. No Change.

b. Who meets the standards established by the Florida Department of Environmental Protection pursuant to Section 62-761.200(83), F.A.C. (effective 11-99). The Florida Department of Environmental Protection shall certify to the Board that an applicant for registration as a precision tank tester meets these standards before the applicant is registered.

(b) No Change.

Rulemaking Authority 489.108, 489.133 FS. Law Implemented 489.115(4), 455.213 FS. History–New 2-1-00, Amended 7-7-05,_______________.

61G4-15.029 Tank Lining Applicators.

(1) No Change.

(2) Registration Procedures for Tank Lining Applicators:

(a) Qualifications:

1. No Change.

2. A person shall be registered as a tank lining applicator if said person:

a. No Change.

b. Who meets the standards established by the Florida Department of Environmental Protection pursuant to paragraph 62-761.700(2)(c), F.A.C. (effective 11-99). The Florida Department of Environmental Protection shall certify to the Board that an applicant for registration as a tank lining applicator meets these standards before the applicant is registered.

(b) No Change.

Rulemaking Authority 489.108, 489.133 FS. Law Implemented 489.115(4), 489.133, 455.213 FS. History–New 2-1-00, Amended 7-7-05,____________.

 

61G4-15.030 Certification of Registered Contractors.

(1) Any registered contractor who wishes to become a certified contractor in the appropriate category pursuant to the “grandfathering” provisions of section Section 489.118, F.S., shall submit a completed and signed application for the license type requested. Said applications are incorporated by reference “Application for Certification of Registered Contractors” (CILB Form # 032), as referenced in Rule 61-35.010 61G4-12.006, F.A.C.

For the purposes of this section the following terms are defined as follows:

(a) No Change.

(b) A substantially similar examination is one which is written and proctored and which covers content and reference materials appropriate for the licensure category for which it is administered. The determination of appropriate content will be made by comparing the content outline and reference list for the examination to that used for the current state certification examination for the same license category.

For Division I categories, the examination must include, at a minimum, a two-hour business and financial management section and a six-hour trade knowledge section.

For Division II categories, the examination must include, at a minimum, a two-hour business and financial management section and a three-hour trade knowledge section.

(c) No Change.

(d) Discipline, for purposes of section Section 489.118(4), F.S., is defined as action taken by any local enforcement body and action taken by the Board against the licensee.

(2) Building code administrators and inspectors who hold a registered construction license or licenses may also apply for certification under the “grandfathering” provisions of section Section 489.118, F.S. In order to be eligible such inspector or administrator must have five years experience as an inspector in the category sought, or, if an administrator, must have five years experience with oversight in the category sought, at the time of application. The five years of experience may be a combination of experience under the registered construction license and experience under the inspector or administrator license.

(3) If a registered contractor did not successfully pass a written, proctored examination in order to receive the registered license, he or she may be considered for certification under this rule if he or she successfully passes an examination substantially similar to the examination required for certified licensure such as those listed pursuant to section 489.118(2), F.S. produced by the National Assessment Institute, Block and Associates, or NAI/Block prior to application.

Rulemaking Authority 489.108, 489.118 FS. Law Implemented 489.118 FS. History–New 2-23-00,    Amended                 

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: November 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 28, 2024