MyFloridaCode.com

David,

The case presented was that the employee was retiring and then being
rehired 30+ days later.  Retirement is considered leaving the employ of
the employer which triggers the retirement benefits, COBRA, change in
employment status, etc.  If the individual's HR/payroll record was
checked, the individual's status would be considered "retired"...as in
"no longer an employee and no longer eligible for active employee
benefits".  The individual is being re-hired after a waiting period.  

FMLA (a period up to 12 weeks at one time or taken in intervals) whether
for a female or male is a leave of absence.  The employee is still
employed (whether or not wages are paid), but the employee's status per
HR/payroll records would indicate the employee is still an employee and
eligible for benefits.  The key in this situation would be that the
employee would need to return to the SAME position in order for the
limited certificate to be valid.  Depending on the circumstances of the
FMLA, the employer may provide a different job to the employee when they
return.

These are my interpretations of the Florida Statute 468.609(6)(b) and
Florida Administrative Code 61G19-6.011 and the discussions I have heard
at BCAI board meetings regarding limited certificates.  My understanding
is that the limited certificate was offered for those in 1993/2003 who
were currently in the positions.  

I would strongly recommend that the individual obtain the appropriate
standard certificate (since there has been enough time for the
individual to acquire the necessary experience) so that the individual
doesn't have to worry about the restrictions of the limited certificate.


Obviously, my opinion would not override how the BCAI/DBPR would
interpret this.  The individual may want to petition for a declaratory
statement if not sure as it does seem like there may be some room for
interpretation if it is the same employer and the same position.  

 

Jane Waddel

Contractors Institute

1-877-LICENSE (542-3673)

727-861-7225 x102

www.ContractorsInstitute.com <http://www.contractorsinstitute.com/> 

8301 Joliet Street

Hudson, FL  34667

 

 

 

From: David Lee [mailto:leed at stjohns.k12.fl.us] 
Sent: Thursday, April 22, 2010 8:40 AM
To: boafdiscussion at boaf.net
Cc: Jane Waddel
Subject: Limited licenses

 

Jane, 

You are partially correct as limited licensure does require that he be
in the same position with the same employer with the same
responsibilities and duties. I believe as long as he returns to the same
position with the same employer with the same responsibilities and
duties the license is still valid.

What if this were a female inspector that took FMLA leave to have a
child? Would her license no longer be valid when she returned?

 

David Lee, Building Code Administrator

Facilities and Operations Department

St. Johns County School District

St. Augustine, FL 32084

(904) 547-8153

(904) 547-8155 (fax)

 

All correspondence sent to and from St. Johns County School District is
subject to the public records law of Florida. This law provides that any
records made or received by any public agency in the course of its
official business are available for inspection, unless specifically
exempted by the Legislature.

 

"Jane Waddel" <Jane at contractorsinstitute.com> writes:

John,

 

 

 

Regarding the Limited Certificate, the best source for an answer is the
state's BCAI website.  They have specifically addressed this.  Here is
the link:

 

http://www.myfloridalicense.com/dbpr/pro/build/documents/limitedlicensen
otice2009.pdf
<http://www.myfloridalicense.com/dbpr/pro/build/documents/limitedlicense
notice2009.pdf>   It indicates that if there is a change (and per F.S.
468.609(6)(b) the individual is no longer in the position held), the
limited certificate would no longer be valid.  F.A.C. 61G19-6.011 (the
rules) address Limited Certificates.  The Limited Certificate was for
those employed as of 7/1/1993.  Item (2) indicates that a standard or
provisional certificate must be obtained prior to commencing any new
employment or duties requiring certification.

 

 

 

The Limited Certificate requires being in the same position for the same
employer at the time it was issued.  Any change and it is no longer
valid.

 

 

 

If this individual is able to document 5 years of experience in the
category, then he would be able to submit the BCAI application in order
to take the ICC exam and the Principles and Practices exam.  The exams
are now computer based and the next BCAI board meeting will be in June
so if the individual submits his application quickly (check with the
DBPR for deadlines), it might be reviewed at that June meeting and then
he could take the tests.

 

 

 

I will let others address your second question.

 

 

 

Jane Waddel

 

Contractors Institute

 

1-877-LICENSE (542-3673)

 

727-861-7225 x102

 

www.ContractorsInstitute.com <http://www.contractorsinstitute.com/> 

 

8301 Joliet Street

 

Hudson, FL  34667

 

 

 

 

 

 

 

 

 

 






From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of John Evans

Sent: Wednesday, April 21, 2010 2:12 PM

To: CODETALK at myfloridacode.com

Subject: [Florida Code Talk] (no subject)

Importance: High

Sensitivity: Private






 






To Anyone,






I have had two question posed to me that I believe I know the answers
too, but I was wondering what the consensus is in the profession.






First off we have an individual with the college that was a UBCI
inspector and when the state allowed the college to be self performing
they were granted a limited license so long as they remained with the
college. This individual is the drop program and is planning o retiring
and then come back to work at the college after 30 days (a double
dipper). Does he lose his limited license and once reemployed by the
college have to reapply to the state for full license by taking the ICC
Exam?






Secondly as the CBO with the college and I am certified by ICC and hold
a full license from the state and I decide to retire next year do
project that I have permitted and are turned over to a third party
provider do they have to be re-permitted under their license instead of
mine? Also we issue each year a yearly facility permit for our in-house
construction team and a yearly maintenance permit to each site for
maintenance items, and I leave mid-year does these permit become invalid
and would have to be re-issued by a third party and projects that I have
permitted under my license, but have not received a CO who would be
liable for signing off on them?






Any background information would be most helpful.






Thanks,






 






John L. Evans, AIA, CBO






College Architect & Certified Building Official






St. Petersburg College






Phone # (727) 341-3262






P Think Green! Please do not print this e-mail unless necessary






 






 

 

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