Proposed changes to Rule
9B-70.002 relating to “self affirmation” and instructor-led v. Internet courses
Proposed changes (with additions underlined,
deletions stricken through, and in bold) include:
- Correct a reference from (4)(f)
to (3)(f)
- Clarify language in subsection (3)(f)
relating to accreditation of updated courses
- Add new subsection (3)(g) to allow administrative approval (without
accreditation) of a course under any of the following circumstances:
- Correct or update a
reference
- Correct or update a
table or diagram
- Correct or update a
quoted provision of code, law, or administrative rule
Requires listing of the exact
change, the specific location of the change, and the reason for the change
(correction or update). With the
exception of accreditation, provides for processing of course in the same way
as is an updated course (administrative approval, review and approval by
Education POC, then ratification by
- Add new subsection (3)(h) to specify that a change in course delivery format requires accreditation.
9B-70.002 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 #
9B-70.002(1), effective January 1, 2009 adopted herein by reference and available from the Building Code
Information System at www.floridabuilding.org/BCISOld/ce/ce_pb_ce.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) A
four year college degree or graduate degree in the field for which approval is
sought;
(b) A
letter verifying work experience in the field for which approval is sought from
a person who supervised the applicant;
(c) A
letter verifying employment and specific position of the applicant in the field
for which approval is sought from the applicant’s employer; or
(d) For an accreditor application
submitted to accredit only accessibility courses, demonstrated proficiency
acceptable to the Commission as a subject matter expert in the field of
accessibility.
(2) Revocation of approval as an
accreditor.
(a) Any accreditor shall have
his/her approval status revoked for any of the following reasons:
1. Knowingly providing a fraudulent
application to the Commission, when applying for accreditor status;
2. Suspension or revocation of a
trade license submitted to the Commission as part of the initially approved
accreditor application, which was not reported to the Commission at the time of
suspension or revocation;
3. Failure to effectively and/or
accurately accredit courses, specifically relating to the correctness of the
course building code content references;
4. Failure to remove him/herself from any “conflict of interest” situations, such as accrediting courses in which the accreditor has a financial interest; or
5. Failure of the accreditor to
cooperate with a Commission ordered investigation.
(b) The Commission may suspend the
approval status of any accreditor based on any provision of paragraph (2)(a) of
this rule, until such time as the accreditor demonstrates that the accreditor’s
status is currently in compliance with the requirements of this rule.
(c) The Commission shall initiate an
investigation based on a written complaint submitted by any substantially
affected party and containing substantial material evidence of a violation of
this rule.
(d) The Commission shall clearly
post the status of an investigation on its website, the Florida Building Codes
Information System, www.floridabuilding.org.
(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 9B-70.002(4)(a) effective January
1, 2009, adopted herein by reference
and available from the Building Code Information System at
http://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 9B-70.002(4)(b) effective January
1, 2009, adopted herein by reference
and available from the Building Code Information System at www.floridabuilding.org.
(c) The provider shall
select an approved accreditor and shall provide payment for services directly
to the accreditor. The accreditor selected shall meet the criteria for
independence identified in paragraph (d) and shall be listed with the expertise in the field for
which approval is sought.
(d) Upon submittal by a
training provider, the selected accreditor shall receive an e-mail notification
from the Building Code
Information System at www.floridabuilding.org and shall review the materials provided by the provider in
accordance with the criteria identified herein. The accreditor shall complete
the application by providing comments containing the results of the
accreditor’s review and updating the accreditation approval status on the Building
Code Information System. The accreditor shall also provide a certification of
independence that attests the person or entity does not have, nor does it
intend to acquire or will acquire, a financial interest in the training
provider seeking accreditation.
(e) The
Building Code Information System www.floridabuilding.org 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
www.floridabuilding.org no later than 23 calendar days prior to the next scheduled meeting of the Florida Building
Commission. The Commission 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.
(f) On or before the effective date
of changes to the Florida Building Code, providers shall either designate on
the Building Code Information System at www.floridabuilding.org that the course
is not affected by the code changes or update the existing accredited courses
affected by the code changes and submit for accreditation. If the course is not
affected by the code changes, the course’s status shall remain active. The code
version that initiated the update and reaccreditation process must be noted on
the application. Accreditation of
revisions to approved accredited courses and courses
in alternative formats to approved accredited courses shall be accomplished in the same manner
as described in paragraphs (a) through (f) hereof, except that only the
revision submitted shall be subject to review and these courses shall be
approved by the administrator of the education program subject to ratification
by the Florida Building Commission.
(g) If an approved accredited course
requires revision to correct or update a reference, table, diagram, or quoted
provision of code, law, or administrative rule, the training provider may
submit the revised course and complete form [INSERT FORM NUMBER] listing the
exact change, the specific location of the change, and reason for the change in
the course and affirm this is the only change.
The changes to the course shall be approved by the administrator of the
education program subject to ratification by the Florida Building Commission.
(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 current edition of the Florida Building Code, or future
editions 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 (4 3)(f) of this rule or Florida Statutes or
rules related to the Florida Building Code. 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 word “advanced”
and, if appropriate, “internet” shall be in the title;
(b) Hours of credit;
(c) Name, address, telephone number and e-mail
address of the provider;
(d) Course description completely describing what
the particular course if designed to address;
(e) Course/learning objectives;
(f) Course time allotments for course content;
(g) Course outline and instructional methods –
detailed description of course content in sequence of how taught and methods
used to teach that content. The
following instructional methods are authorized, but are not limited to:
exercises, quizzes, discussion groups, reading assignments, projects,
simulations and presentations;
(h) Code edition to which the course relates;
(i) Course references cited in the outline;
(j) Method of course evaluations;
(k) A minimum of 50% of the actual training
materials content shall be related to the Florida Building Code or Florida
Statutes or rules related to the Florida Building Code;
(l) Course materials shall accurately reflect the
Florida Building Code and other topics under the jurisdiction of the Florida
Building Commission; and
(m) Course materials provided to the attendee
shall be provided to the accreditor.
(5) Course Accreditation by the Florida Building
Commission. Accredited courses are to effectively and accurately address the
technical and administrative responsibilities in the effective execution of the
Florida Building Code or Florida Statutes or rules related to the Florida
Building Code.
(6) The Commission shall audit a minimum of 2% of all accredited courses.
The courses selected for audit may not be those of only one provider or
reviewed by only one accreditor. Any course submitted for accreditation or
re-accreditation determined to not accurately reflect the current or adopted
Florida Building Code edition; or Florida Statutes or rules related to the
Florida Building Code shall be reported to the Commission for further action.
All approved advanced building code courses must reflect the current or adopted
Florida Building Code edition; or Florida Statutes or rules related to the
Florida Building Code. Any courses accredited and determined by audit or any
means to not accurately reflect the current or adopted Florida Building Code
edition; or Florida Statutes or rules related to the Florida Building Code or
accredited by an accreditor outside the approved areas of expertise shall have
the accreditation revoked, the status of the course communicated to the
respective licensing board or boards, and the provider will be required to file
a new application for accreditation.
(7) In the event the Commission identifies areas
or topics of advanced building code education with an insufficient number of
course available through existing resources, the Commission shall report the
areas or topics to the appropriate licensing board. If additional courses do
not become available within six months of notification to the licensing board,
upon a finding that the absence of course work in the identified subject area
is detrimental to the effective administration and enforcement of the Florida
Building Code, and funds are available in the Commission’s budget for course
development, the Commission will develop a minimum of one (1) course that will
be made available to training providers.
Rulemaking Authority
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.