The Board proposes a rule amendment to update and clarify that the statutorily required four years’ experience is four years of full-time experience in the certification category sought.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

RULE NO.: RULE TITLE:

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

PURPOSE AND EFFECT: The Board proposes a rule amendment to update and clarify that the statutorily required four years’ experience is four years of full-time experience in the certification category sought.

SUMMARY: The proposed amendment updates the rule to comply with statutory requirements.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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 FS.

LAW IMPLEMENTED: 468.609, 468.613 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 9, 2023

PLACE: Orlando, Florida, hotel still TBD

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, Florida 32399-0791, [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) Through (f) No Change.

(g) For purposes of this section, the term “four years’ experience” shall mean four years (48 months) of experience primarly performing activities and duties corresponding to the certification category sought.

1. For any employment or work experience where all or substantially all of the applicant’s work time was not confined to the activities and duties of a single certification category, the applicant shall indicate what percentage of the applicant’s time was spent on activities and duties for each certification category.

2. For applicants applying for a single trade license, the Board shall not consider credit for periods of employment or work experience where less than 33% of the applicant’s work time activities and duties applied to that one certification category.

3. For any employment or work experience where the applicant performed duties involving multiple certification categories, the Board shall allow an applicant to pro-rate or allocate the times spent with appropriate documentation, or testimony acceptable to the Board, showing the time spent with each employer and the percentage of time spent performing the detailed activities that are described by the applicant on proper affidavits or work experience, including tally sheets with a complete breakdown.  The period of time used for one category of certification, absent extraordinary detail and justification, shall not be allowed to be creditable to multiple certification categories, sometimes referred to as “double dipping”, which may result in disciplinary proceedings.

(2) Through (5) No Change.

Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.609, 468.613 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, 7-21-21, 11-24-22,_____________________________.

 

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: February 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 8, 2023