61G20-3.007 Product Approval by the Commission.
(1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following steps:
(a) A product manufacturer or owner of a proprietary system or method of construction, or its designee (applicant) shall apply to the Commission for approval by filing an application in accordance with subsection 61G20-3.011(2), F.A.C., validated in accordance with Rule 61G20-3.006, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.
(b) The applicant submits all documentation required and fees in accordance with Rule 61G20-3.005 and subsection 61G20-3.007(2), F.A.C., respectively.
(c) With exception to product applications submitted pursuant to paragraph 61G20-3.005(1)(a), F.A.C., upon Commission acceptance of the required documentation pursuant to Rule 61G20-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 61G20-3.006, F.A.C., the Commission may approve the product for use statewide in accordance with its approval and limitations of use unless credible evidence is provided questioning the validity of the documentation submitted in support of the application for approval.
(d) Product Application that rely upon a product certification mark or listing from an approved certification agency shall be approved for use statewide in accordance with its approval and limitations of use to demonstrate compliance with the Code as follows:
1. An application of a product submitted for state acceptance pursuant to paragraph 61G20-3.005(1)(a), F.A.C., shall be approved by the Department after the Program System Administrator (the “Administrator”) verifies that the application and required documentation as per Rule 61G20-3.006, F.A.C., are complete.
2. The verification by the Administrator must be completed within 10 business days after receipt of the application.
3. Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved products maintained by the BCIS. Approvals by the Department shall be reviewed and ratified by the Commission’s Program Oversight Committee (“POC” except for a showing of good cause that a review by the full Commission is necessary. The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrative Weekly. Comments concerning such products shall be accepted utilizing the BCIS.
4. For the purpose of curing deficiencies identifed within product applications approved under this section, the following steps will be undertaken:
a. If a comment is received on a Department approved Product, the Administrator shall immediately evaluate the comment and determine whether the comment is technically relevant;
b. If the comment as determined by the Administrator is technically significant, the Administrator shall post the comment received in the comment box for the application;
c. The Administrator shall immediately notify the manufacturer of the comment received on his or her application requesting that the manufacturer respond to the comment and revise the application as deemed necessary; and
d. Any comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission. Any party in disagreement with the POC action on a comment is authorized to bring the matter before the Commission by providing public comment to the Commission during its meeting following POC consideration.
e. The Commission shall review the products as recommended by the POC and comments submitted in opposition to the POC recommendation and either ratify the Department’s approval of the product or direct further action by the POC, the Administrator or the applicant as necessitated by the particular circumstances.
(e) Approval shall be valid until such time as the product changes decreasing the product’s performance, the standards or provisions of the Code affecting the product change, or the approval is otherwise suspended, revoked, or superseded by a Commission approved revision to the approval. Changes to the Code shall not be construed as voiding the approval of products previously installed in existing buildings provided such products met building code requirements at the time the product was installed.
(f) When a new edition of the Code does not require a material or substantive change for an approved product, the manufacturer of the approved product shall affirm that his or her approved product meets the new edition of the Code. As part of application for self-affirmation, if the evaluation report refers to the previous edition of the Code, the manufacturer of the approved product shall submit a statement from an approved evaluation or validation entity that the product complies with the subsequent code version via an attachment uploaded and submitted through the BCIS. Self-affirmation is subject to review and verification by the Program Administrator.
(g) Manufacturer or the manufacturer’s designee shall notify the Commission if it makes changes to the product which decrease the product’s performance.
(h) Manufacturer shall notify the Commission when the quality assurance requirements of subsection 61G20-3.005(3), F.A.C., are no longer in place.
(i) Manufacturer or the manufacturer’s designee shall notify the Commission within 30 days of any change in the manufacturer’s mailing address.
(2) Fees for state approval of products.
(a) Fee for approval, Five Hundred Dollars ($500.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly.
(b) Fee for reinstatement after suspension, Fifty Dollars ($50.00) per product, plus billable staff hours at Fifty Dollars ($50.00) per hour, plus consultant fees.
(c) Fees for approval of evaluation entities, certification agencies, testing laboratories and validation entities; for first time approval, Six Hundred Dollars ($600.00), annual renewal fee, Two Hundred Fifty Dollars ($250.00), revision fee, Two Hundred Dollars ($200.00).
(d) Fee for revision of an existing approval, Five Hundred Dollars ($500.00) for a revision that results in a material change to the performance of a product or product design specification or both, and which may include addition of products within the same subcategory.
(e) Fee for editorial revisions of an existing product approval that does not result in material change to the performance of a product or product design specification or both, One Hundred Fifty Dollars ($150.00).
(f) Fee for affirmation of an existing product approval for compliance with a new edition of the standards adopted by the Code, One Hundred Dollars ($100.00).
(3) Applications, affirmations and revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.
Rulemaking Authority 553.77(1)(i), 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 10-28-09, Formerly 9B-72.090, Amended 7-14-11 Formerly 9N-3.007.
61G20-3.013 Revocation or Modification of Product Approvals and Entity Certifications.
(1) Product Approval Revocation or Suspension.
(a) Any product approval shall be revoked or suspended for any of the following reasons:
1. Failure to maintain certification, evaluation reports or testing in good standing with a Commission approved entity which conducted the testing or comparative or rational analysis, or combination thereof on which the product approval is based.
2. Suspension or revocation of the certification, evaluation report or testing report issued by a Commission approved entity on which the approval is based, for just cause.
3. Failure to maintain quality assurance programs for the manufacture of the approved products as required by this document.
4. Failure to correct manufacturing deficiencies required to bring the product within specifications of the originally approved product or alternatively to demonstrate in a manner consistent with this document, that the product’s performance complies with the standards established by the Code.
5. Advertising and sales of the product for uses not consistent with conditions or limitations of its approval.
6. Determination that the product was approved based on misrepresentations in the application for approval.
7. Failure of the manufacturer to cooperate with a Commission ordered investigation.
(b) The Commission may suspend the approval of a product based on any provision of subsection 61G20-3.013(1), F.A.C., until such time as the manufacturer demonstrates the product is currently in compliance with this document.
(c) The Commission shall initiate an investigation based on a written complaint containing substantial material evidence by any substantially affected party.
(d) The Commission shall clearly post the status of product approvals, denials, or suspensions on its website, the Florida Building Codes Information System, www.floridabuilding.org.
(2) Revocation or suspension of evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agencies or accreditation body approval.
(a) The Commission shall revoke or suspend the approval of any evaluation entity, certification agency, testing laboratory, quality assurance agency, or validation entity other than those specifically identified in Section 553.842(9)(a), F.S., for one or more of the following reasons:
1. Failure to maintain accreditation by a Commission approved accreditation body.
2. Suspension or revocation of accreditation by a Commission approved accreditation body for failure to meet Commission accreditation standards or equivalent pursuant to Rules 61G20-3.008 and 61G20-3.015, F.A.C.
3. Determination by the Commission that any requirement set forward in this document has been violated.
4. Determination that the criteria for independence from any manufacturer set forth in Rule 61G20-3.009, F.A.C., has been violated.
5. Determination that the
entity is not independent pursuant to Rule 61G20-3.009, F.A.C., of any
competing manufacturer of the manufacturer to whom the entity provided services
6. An entity has misrepresented its accreditations or other material information on its application for approval.
7. Failure to conduct investigations of products authorized by Rule 61G20-3.014, F.A.C.
(b) The Commission may revoke or suspend the approval of any approved accreditation body for failure to maintain accreditation programs which comply with subsection 61G20-3.008(6), F.A.C., or any material misrepresentation of its independence or substantive information on its capabilities or policies and procedures and failure to cooperate in investigations of those it accredits.
(c) Commission suspensions under subsection 61G20-3.013(2), F.A.C., shall remain in effect until such time as the entity demonstrates to the Commission that it is in compliance with said requirement.
(d) The Commission shall initiate an investigation based on a written complaint providing substantial material evidence provided by any substantially affected party.
(e) The Commission shall clearly post the status of approved evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agency and accreditation body approval, suspension or revocation on its website list of approved entities.
(3) Incomplete Product Approval or Entity applications. Any application that has no activity and is not complete within 180 days from the date of initial filing shall be denied.
(4) Prior to the revocation or suspension of approval of any product, evaluation entity, certification agency, testing laboratory, validation entity, or quality assurance agencies or accreditation body, the approval-holder shall be notified in writing of the Commission’s intent to revoke or suspend his or her approval. The notice shall:
(a) Explain the specific reasons for the proposed revocation or suspension;
(b) Provide the approval-holder with an opportunity to demonstrate or achieve compliance with the product/entity approval requirements and to request an administrative hearing in conformance with the requirements of Chapter 120, Florida Statutes; and
(c) Be sent by U.S. Mail to the approval-holder’s Registered Agent, as designated on the Florida Department of State, Division of Corporations, or to the most recent mailing address provided by the approval-holder to the Commission. A notice that is addressed to the Registered Agent or to the most recent mailing address provided by the approval-holder and is returned as undeliverable by the U.S. Postal Service, may result in the temporary removal of the approval from the Building Code Information System website until the approval-holder can be located and provided with notice.
(5) If the Commission determines that a product poses an imminent danger to public safety or health, the approval may be immediately suspended. The suspension may continue until the approval-holder demonstrates or achieves compliance with the product approval requirements or the revocation proceedings are concluded.
Rulemaking Authority 553.842(15) FS. Law Implemented 553.842(15) FS. History–New 5-5-02, Amended 11-22-06, Formerly 9B-72.160 Formerly 9N-3.013.
Note: Add the following definitions …..
Removal – means to place or store in an archive “separate database” that is accessible only to the Department.