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; COMMENT: Do these terms both mean the same thing? If so, let’s use one or the other to avoid
confusion. LAA
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 on which
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; 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 a product’s
manufacturer to the Commission, and is returned as undeliverable by the U.S.
Postal Service, may result in the temporary removal of the product from the
Building Code Information System website until the manufacturer can be located
and provided with notice.
(5) If the Commission determines that a
product poses an imminent hazard 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 …..
Imminent Hazard – means a condition
that is likely to result in death or endangerment to public health, safety and
welfare.
Removal – means to place or store in
an archive “separate database” that is accessible only to the Department.