Employees and wind mits or other inspections

Local Inspection Issues Florida and SUNachi Inspectors
1

[size=2]I was asked several times where I stood on this, and I know that contractors and engineers traditionally supervise employees that do their jobs. While many other professions do not or can not.

For contractors I found this[/size]:

489.103 Exemptions.—This part does not apply to:(1) Contractors in work on bridges, roads, streets, highways, or railroads, and services incidental thereto. The board, in agreement with the Department of Transportation, shall, by rule, define “services incidental thereto” for the purposes of this subsection only.
(2) Any ** employee **of a certificate holder or registrant who is acting within the scope of the license held by that certificate holder or registrant and with the knowledge and permission of the license holder. However:(a) If the employer is not a certificate holder or registrant in that type of contracting, and the employee performs any of the following, the employee is not exempt:1. Holds himself or herself or his or her employer out to be licensed or qualified by a licensee;
2. Leads the consumer to believe that the employee has an ownership or management interest in the company; or
3. Performs any of the acts which constitute contracting.

(b) The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions.
For the purpose of this part, “employee” is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and

For Engineers I found this:

471.003 Qualifications for practice; exemptions.—(1) No person other than a duly licensed engineer shall practice engineering or use the name or title of “licensed engineer,” “professional engineer,” or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer in this state.
(2) The following persons are not required to be licensed under the provisions of this chapter as a licensed engineer:(a) Any person practicing engineering for the improvement of, or otherwise affecting, property legally owned by her or him, unless such practice involves a public utility or the public health, safety, or welfare or the safety or health of employees. This paragraph shall not be construed as authorizing the practice of engineering through an agent or employee who is not duly licensed under the provisions of this chapter.
(b)1. A person acting as a public officer employed by any state, county, municipal, or other governmental unit of this state when working on any project the total estimated cost of which is $10,000 or less.
2. Persons who are employees of any state, county, municipal, or other governmental unit of this state and who are the subordinates of a person in responsible charge licensed under this chapter, to the extent that the supervision meets standards adopted by rule of the board.

© Regular full-time employees of a corporation not engaged in the practice of engineering as such, whose practice of engineering for such corporation is limited to the design or fabrication of manufactured products and servicing of such products.
(d) Regular full-time employees of a public utility or other entity subject to regulation by the Florida Public Service Commission, Federal Energy Regulatory Commission, or Federal Communications Commission.
(e) Employees of a firm, corporation, or partnership who are the subordinates of a person in responsible charge, licensed under this chapter.
(f) Any person as contractor in the execution of work designed by a professional engineer or in the supervision of the construction of work as a foreman or superintendent.

This does imply that contractors or engineers can have an employee perform some of their duties under guidance. I found no such explanation on the Home inspector law.

Therefore, the OIR would not have a duty or right to allow a home inspectors to hire employees to do wind mits. If home inspectors want to be allowed to hire employees that perform home inspector functions it seems that the issue would be with changing the home inspector laws.

This does bring the next question, what about helpers/assistants?

I am not a lawyer, nor do I play one on TV.

2

John,
I would say that "helpers/assistants who are on the job site WITH the home inspector and is helping him with the inspection should be ok. Just not doing the inspection by him/her self.

3

I would agree with that also. But there maybe a fine line.

4

John,

**What about Building Code Administrators (Building Official License). If they are authorized by the State to be responsible for a bldg dept, all the work of the contractors and/or A/E, shouldn’t the State allow them to be responsible for the employees preforming these simplistic inspections? **
Also, see 468.609, Just to take the test a contractor, A/E must have 10 yrs experience and 5 years supervisory …

468.604 Responsibilities of building code administrators, plans examiners, and inspectors.— (1) It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems within the boundaries of their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. The building code administrator or building official shall faithfully perform these responsibilities without interference from any person. These responsibilities include: (a) The review of construction plans to ensure compliance with all applicable sections of the code. The construction plans must be reviewed before the issuance of any building, system installation, or other construction permit. The review of construction plans must be done by the building code administrator or building official or by a person having the appropriate plans examiner license issued under this chapter.
(b) The inspection of each phase of construction where a building or other construction permit has been issued. The building code administrator or building official, or a person having the appropriate building code inspector license issued under this chapter, shall inspect the construction or installation to ensure that the work is performed in accordance with applicable sections of the code.

(2) It is the responsibility of the building code inspector to conduct inspections of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. Each building code inspector must be licensed in the appropriate category as defined in s. 468.603. The building code inspector’s responsibilities must be performed under the direction of the building code administrator or building official without interference from any unlicensed person.
(3) It is the responsibility of the plans examiner to conduct review of construction plans submitted in the permit application to assure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. The review of construction plans must be done by the building code administrator or building official or by a person licensed in the appropriate plans examiner category as defined in s. 468.603. The plans examiner’s responsibilities must be performed under the supervision and authority of the building code administrator or building official without interference from any unlicensed person.
History.—s. 2, ch. 98-419; s. 32, ch. 2000-141; s. 13, ch. 2000-372; s. 34, ch. 2001-186; s. 3, ch. 2001-372.

468.609
(3) A person may take the examination for certification as a building code administrator pursuant to this part if the person:
(a) Is at least 18 years of age.
(b) Is of good moral character.
© Meets eligibility requirements according to one of the following criteria: 1. Demonstrates 10 years’ combined experience as an architect, engineer, plans examiner, building code inspector, registered or certified contractor, or construction superintendent, with at least 5 years of such experience in supervisory positions; or
2. Demonstrates a combination of postsecondary education in the field of construction or related field, no more than 5 years of which may be applied, and experience as an architect, engineer, plans examiner, building code inspector, registered or certified contractor, or construction superintendent which totals 10 years, with at least 5 years of such total being experience in supervisory positions.

5

I agree with you but I do not see where they can have employees perform their functions.

It does say they must have supervisor experience, but appears silent on allowing others to perform** their tasks**. I am not a lawyer though.

The building code inspector’s responsibilities must be performed under the direction of the building code administrator or building official ** without interference from any unlicensed person.**

The plans examiner’s responsibilities must be performed under the supervision and authority of the building code administrator or building official without interference from any unlicensed person.

It looks like if they kept their architect/engineer or contractors license active they could use that.

Interesting, you would think they would be more qualified and allowed. Maybe nobody ever thought that license would be used for an insurance inspection?

6

As per a previous post,
**Interesting, you would think they would be more qualified and allowed. Maybe nobody ever thought that license would be used for an insurance inspection? **

Many things have not been thought out…

Why has the Fl Bldg Commission not been in the design of the mit credits?

Why are we not using the data from our state universities engineering departments?

Why are bldg code officials kept out of the process?

What type of engineer can sign for mit inspections, ie. mech, elect, chemical, enviromental,etc…

What type of architect can do mit inspections, ie. landscape etc…

Why can contractors and engineers sign for employees and architects can not?

Building Code Administrators are authorized to inspect and preform plan review in any discipline in the entire State for code, but need an electrian to sign on a 4 point inspection. This license should be over the mit program of any insurer, reinspection company and OIR.

Special interest groups are ruining our country. After Andrew a major insurance company went thru 280 million of reserves in one week, belly up and the mother company came in and dropped close to a billion before it was over.No way are the reserves going to be built up to handle this type of damage, so by raising premiums (3 nails for a clip) during these economic conditions is only hurting the home owners.

Everyone that owns a home should be involved. The OIR is doing the correct thing by continually reviewing and updating the 1802 form. It is called Total Quality Management in goverment. Goverment needs to hear from the people in order for proper decisions to be made.

**Every Mit inspector in Fl should be at the 9/20/11 meeting. **

7

If you allow building code officials to get in the game, we will end up needing to pull a permit to perform a wind mit. NO THANK YOU.