Pertaining to Section (11) of 553.791, if the Certificate of Compliance is Electronically Sealed by the EOR,
does it still need to be notarized?
Interpretation #8682
Published August 30, 2022
Original Request
- Code Version
- 2021
- Code
- STATUTE
- Code Description
- Chapter
- Section
- Alternative plans review and inspection.
- Topic
- Certificate of Completion
Question
Answer Published 08/30/2022 at 7:51 AM
No, the certificate of compliance as mentioned in section 11 and 12 of 553.791 is to be submitted on a form acceptable to the building official. There is no statement in the statute requiring the notarization of any signature associated with the certificate of compliance. The AHJ shall determine if a notarized signature is required to make the form acceptable to them or if an electronically signed and sealed document will suffice.
Commentary
The legislative intent (F.S. 668.002) of the engineers' electronic signatures is to lend authenticity and integrity; and to minimize fraud. Printing or scanning the electronically signed document then adding a notary stamp will invalidate the digital seal
Further, a Notary is governed by Florida Statute 117. Section 117.05 contains specifics about the notarization of a signature. The notary is verifying the signature on the paper is that of the signer, not the legality of the document. Much like the requirement for an Engineer to sign and seal documents in accordance with Florida Statute 471 and the associated rule 61G-15 Florida Administrative Code. However, by signing the document, the Engineer is stating it meets the design and code requirements that are applicable.