Notice of
Proposed Rule
DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION
RULE NO.: RULE TITLE:
61G20-6.002 Commission Approval and Accreditation of
Advanced Building Code Training Courses
PURPOSE AND
EFFECT: To clarify the application deadline for revised accredited advanced
courses, when course providers can select the self-affirm option upon revising
a previously approved accredited course, and accreditation of advanced courses
for future editions of the Florida Building Code upon approval for adoption by
the Florida Building Commission. The rule also includes adding the code edition
to the title of advanced courses.
SUMMARY:
Statute permits the Commission to develop criteria for the accreditation of
courses related to the Florida Building Code by accreditors approved by the
commission. The rule is amended to establish the deadlines for the revision of
accredited courses, clarify when the self-affirmation option can be used, allow
courses on future editions of the code to be accredited upon Commission
approval of the Florida Building Code for adoption, and require the code
edition be included in the title of an advanced course.
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: The
Commission conducted an analysis of the proposed rule’s potential economic
impact and determined that it did not exceed any of the criteria established in
Section 120.541(2)(a), F.S.
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: 553.841(7) FS.
LAW
IMPLEMENTED: 553.841 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: Ila Jones, Administrator,
Department of Business and Professional Regulation, 1940 North Monroe Street,
Tallahassee, Florida 32399, (850)717-1822
THE FULL
TEXT OF THE PROPOSED RULE IS:
61G20-6.002 Commission Approval
and Accreditation of Advanced Building Code Training Courses.
(1)
Approval of Course Accreditors. The Commission shall approve persons to serve
as accreditors of advanced training courses. Persons desiring to be accreditors
shall apply using the Register Accreditor function and associated online
screens, Form FBC-ED-001, effective September 10, 2010, adopted and
incorporated herein by reference and available from the Building Code
Information System at www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx. Applications
shall be accompanied by an application fee of $100.00. Applications shall be
approved by the Commission if the applicant has demonstrated five years of
Florida Building Code expertise in the field for which approval is sought, or
equivalent as specified below, or possesses an active license issued pursuant
to Section 471.015, 481.213, or 481.311; Chapter 489, Part I or II, F.S.; or a
standard certificate issued pursuant to Section 468.609, F.S. Accreditors
approved by the Commission under prior versions of this rule are authorized to
continue accreditation of building code courses. Equivalent expertise or
proficiency under this provision shall include:
(a)
through (d) No change.
(2)
No change.
(3)
Training Provider Registration and Requirements.
(a)
Training providers approved by the Department of Business and Professional
Regulation who desire Commission approval and accreditation for advanced
building code courses shall register with the Building Code Information System
using the Register Training Provider function and associated online screens,
Form FBC-ED-002, effective September 10, 2010, adopted and incorporated
herein by reference and available from the Building Code Information System at
www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx, and pay a registration fee of
$25.00.
(b)
Registered training providers shall submit materials and information pertaining
to courses for which Commission accreditation and approval is sought utilizing
the Submit a Course Application function and associated online screens, Form
FBCED 2003-03, “Application for Course Accreditation,” effective _______
October 2012, adopted and incorporated herein by reference and
available from the Building Code Information System at https://flrules.org/gateway/reference.asp?No=Ref-________
http://www.floridabuilding.org/ce/ce_default.aspx or https://flrules.org/gateway/reference.asp?No=Ref-________
https://www.flrules.org/gateway/reference.asp?NO=Ref-02166.
(c)
through (d) No change.
(e)
The Building Code Information System shall
assign an accreditation number to the application upon submittal. The
application shall be accredited completely and placed in the “Pending
FBC Action” file on the Building Code Information System at http://www.floridabuilding.org/ce/ce_tp_coursetrp_dtl.aspx
no later than 23 calendar days prior to the next scheduled meeting of
the Florida Building Commission. The Commission or its designee shall finalize
the accreditation process utilizing the Building Code Information System at
www.floridabuilding.org and notify the provider and accreditor within 3
business days of the Florida Building Commission’s action on the applications.
If a provider has not taken any action on a submitted but incomplete
application in 180 days, the Commission may withdraw the application.
(f)
On or before the effective date of changes to the Florida Building Code, Florida
Statutes or rule relating to the Florida Building Code, providers shall
update existing accredited courses affected by the code, law or rule
changes pursuant to subsection (3)(g) and submit for accreditation on
the Building Code Information System at http://www.floridabuilding.org/ce/ce_default.aspx.
If the course is not updated, the course expires and cannot be updated.
The code version, law or rule that initiated the update and
reaccreditation process must be noted on the application. Accreditation of
revisions to approved accredited courses shall be accomplished in the same
manner as described in paragraphs (a) through (f) hereof, except only the revision
submitted shall be subject to review. These courses shall be approved by the
administrator of the education program subject to ratification by the Florida
Building Commission.
(g)
The following timelines apply for any course for which revision is required:
1.
For a new edition of the Florida Building Code, a course must be revised
pursuant to the provisions of subsection (4).
2.
For any amendment to Florida Building Code pursuant to Section 553.73, F.S., a
course must be revised by the effective date of any change.
3.
For any change in Florida law, a course must be revised within six months of
the effective date of the law.
4.
For any change in Florida administrative rule, a course must be revised within
six months of the effective date of the rule.
(h)(g)
If an approved accredited course is not affected by the code change or
requires revision only one change to correct or update a
reference, table, diagram, or quoted provision of code, law, or administrative
rule, the training provider may self-affirm by completing shall complete
Form FBC-ED-002, (adopted above in subparagraph (3)(a)) effective
September 10, 2010, adopted herein by reference and available from the Building
Code Information System at http://floridabuilding.org/ce/ce_tporgapp_dtl1.aspx.
The same change may be made in more than one place in the course. The
code version, law or administrative rule must be noted on the application.
If a correction or update is required, Tthe training
provider must list the exact correction or update, the specific location of the
correction or update, and reason for the change in the course and affirm this
is the only correction or update to the course. The correction or update to the
course shall be approved by the administrator of the education program subject
to ratification by the Florida Building Commission.
(i)
If an approved accredited course is not affected by the code, law, or administrative
rule change, and no change is required, but a licensure or other board requires
an updated version of the course, the training provider may self-affirm by
completing Form FBC-ED-002 (adopted above in subparagraph (3)(a)). The code
version must be noted on the application. The course shall be approved by the
administrator of the education program subject to ratification by the Florida
Building Commission.
(j)
If an approved accredited course is submitted as self-affirming no change or
self-affirming one change, but the Florida Building Commission determines more
than one change is required, the course must be reviewed by an approved
accreditor in the same manner as described in paragraph (f) hereof.
(k)(h)
A change to the delivery format of an approved accredited course must be
submitted for accreditation.
(4)
Course Content and Accreditor Review. Accreditors shall review courses
submitted by registered providers to determine if the course accurately
presents the technical and administrative responsibilities reflected in the law,
administrative rule, current edition of the Florida Building Code,
or future editions approved for adoption by the Florida Building Commission
of the Code if the accreditor is reviewing a course revised to
comply with an updated edition of the Florida Building Code in accordance with
paragraph (3)(f) of this rule or Florida Statutes or rules related to
the Florida Building Code. If a course is impacted by any subsequent
changes to the updates approved for adoption by the Florida Building
Commission, the provider is responsible for revising the course to comply with
the Florida Building Code in accordance with paragraphs (3)(f) through (j).
Accreditors shall not mutually accredit each others’ courses. The accreditor
shall determine if the course meets the following minimum criteria:
(a)
Course title and number. The code edition, law or administrative rule
the word “advanced,” and, if appropriate, the term “internet”
shall be in the title;
(b)
through (g) No change.
(h)
Code edition, law or administrative rule to which the course relates;
(i)
through (m) No change.
(5)
through (7) No change.
Rulemaking
Authority 553.841(7) 553.841(2) FS. Law Implemented 553.841 FS.
History–New 6-8-05, Amended 4-30-07, 6-12-08, 3-4-09, 11-2-09, 1-9-11, Formerly
9B-70.002, Amended 2-5-13,_________.
NAME OF
PERSON ORIGINATING PROPOSED RULE: Florida Building Commission
NAME OF
AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE
PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2014
DATE NOTICE
OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2013