Florida Board of Professional Engineers' final incarnation of the Aluminum Structures Responsibility Rule (61G15-31.010)  (verbatim from the FBPE)

After consideration of the testimony and documents submitted at the public hearing on the rule held on March 27, 2007, the Board decided to amend rule 61G15-31.010 to include subparagraph (4).  That paragraph will read:

1. The engineer of record for the structure is responsible for all structural aspects of the structure's design including the design of the structure's components and connections, and structural engineering documents.

2. The structural engineering documents shall include:

   1. The project and its location on plan and elevation drawings for a particular site.

   2. Drawings which show all structural components and connection details and/or alternate details.

   3. Material specifications for all structural components and fasteners, including tolerances.

   4. The nature, magnitude, and location of all design loads and the load cases for the structure.

   5. The location and magnitude of the structure's reactions for each load case.

3. Supporting structural engineering calculations and documents shall include:

   1. Material specifications for all structural components and fasteners.

   2. The support conditions assumed in the design.

   3. Calculations showing the maximum stress, allowable stress, and span to deflection ratio for each structural component type, and calculations showing the maximum force and allowable force for each connection type.

4. This rule does not prohibit the use of the "AAF Guide to Aluminum Construction in High Wind Areas" in the construction of aluminum structures.
   
   The next procedural step will be the publication of a Notice of Change in the Florida Administrative Weekly.  The Board cannot adopt the rule until 21 days after the notice of change is published.  In addition, there is a pending challenge to the rule at the Division of Administrative Hearings (DOAH).  The litigation on the challenge has been abated during the period awaiting the public hearing.  In addition, the Board must issue its response to requests for statements of estimated regulatory costs.  If the rule challenge isn't withdrawn as a result of the Notice of Change, the Board will have to defend the rule at DOAH.  If the Administrative Law Judge (ALJ) upholds the rule, the challenger has the right to file an appeal at the District Court of Appeal, which would delay adoption of the rule for an indefinite time.  If the ALJ finds that the rule violates the provisions of Section 120.52(8), Florida Statutes, the Board may appeal the decision.  Again, an appeal will delay adoption of the rule indefinitely.   "Indefinitely" means a minimum of 6 months and a probability of around 12 months.  If the ALJ upholds the rule and the challengers do not appeal the decision, the Board has 60 days to adopt the rule.  In addition, after publication of the Notice of Change, another interested party has the opportunity to file a rule challenge at DOAH.

The action of the Board at its April meeting did not constitute adoption of the rule.