Issue: DCA09-DEC-139 by David Karins of Karins Engineering Group, Inc. The Petitioner is requesting clarification with regard to Rule 9B-72 specific seeking a Florida Product Approval with an expired test report.
Question: Can an expired test report be used to seek a Florida Product Approval or does testing of the same standards need to be retested?
Background:
(1) Situation: The interpretation would substantially affect the petitioner’s needs for tests renewal for application for Florida Product Approval. The required standards for a given test have not changed since the time of the testing, but the date of the test report is ten (10) years from the present date and indicates an expiration date. Can the test report be used to seek a Florida Product Approval or does testing of the same standards need to be retested?
(2) Rule 9B- 72
9B-72.010 Definitions.
29) Standard test method means a
specified technical procedure for performing a test.
(32) Test means a
technical operation that consists of the determination of one or more
characteristics of a given product, process or service according to a specified
procedure.
(33) Test report means a
report from an approved testing laboratory which provides performance data
showing compliance with a code requirement as determined by a referenced
standard test method or equivalent standard test method pursuant to Rule
9B-72.180, F.A.C., and which identifies products covered by the report and
limitations on the products’ use.
9B-72.070
Product Evaluation and Quality
Assurance for State Approval.
(1) Method 1. Products specifically addressed in the Code through
performance criteria and standard test methods or standard comparative or
rational analysis methods, which cannot be approved through the plan review and
inspection process, shall demonstrate compliance with the Code through one of
the following:
(b) A test report from an
approved testing laboratory, which identifies which products are covered by the
test report and provides verifiable documentation indicating the product tested
complies with the Code.
(4) Evaluation Report and
Test Report Documentation Requirements. All reports and documentation required
in subsections 9B-72.070(1) and (2), F.A.C., shall contain the information
listed below. Design drawings submitted for permitting purposes are not to be
construed to be an evaluation report and do not require this information. When the Code requires a standard test as a component
of a product approval using the evaluation methods, the test lab must be
accredited by an approved accreditation body for the test performed. The entity issuing the evaluation report or
certification is responsible to ensure that the test lab is accredited.
(a) Name and address of
the manufacturer, evaluation entity, engineer or architect or testing
laboratory.
(b) Statement of compliance with the
appropriate section or standard of the Code.
(c) Complete description
of the product, including all drawings, manufacturer’s product designations and
materials, except materials specifications identified as proprietary.
(d) Technical documentation,
including all substantiating data, supporting the compliance statement.
Substantiating data shall include all test reports and calculations which may
be referenced within the evaluation report.
(e)
Installation requirements. Installation instructions including attachments
shall be developed by an evaluation entity, test lab or by the manufacturer’s
licensed design professional. Exception:
Installation instructions for windows including attachment, at minimum shall
include the following:
1. Type, and grade of
anchor, and/or manufacturer’s anchor specifications, including minimum nominal
size, minimum penetration into substrate and minimum edge distances;
2. Type, physical
dimensions, material and grade of any accessory item or strap, if applicable;
3. Spacing of anchors, shims, accessory items
and straps; and
4. Illustrated diagrams of the attachment of
the product to the structure.
(f) Limitations and conditions of use.
(g) Certification of independence in
conformance with Rule 9B-72.110, F.A.C.
(h) Name, title and
signature of person authorized to sign on behalf of entity or signature,
registration number and seal in the case of architects and engineers.
(6) Review and verification of installation
instructions required under paragraph 9B-72.070(4)(e), F.A.C. Prior to posting
installation instructions, including anchorage requirements, on the Building
Codes Information System on the Internet, www.floridabuilding.org, they shall
be reviewed or verified by the evaluation entity, test lab, the architect or
engineer of record, or by a manufacturer’s licensed design professional.
(7) Review and verification of installation
instructions required under paragraph 9B-72.070(5)(e), F.A.C. Prior to posting
installation instructions, including anchorage requirements, on the Building
Codes Information System, www.floridabuilding.org,
they shall be reviewed or verified by the certification agency or by a
manufacturer’s licensed design professional.
9B-72.080
Product Validation by Approved
Validation Entity for State Approval.
(b)
Technical Validation of a Test Report: Validation of compliance with the Code
using a test report from an approved test lab shall be performed by an approved
validation entity using the validation steps of the Administrative Validation
and the following steps:
1.
Verify that the reported data demonstrates compliance with the Florida Building
Code, and
2. Verify that the
correct test was performed.
9B-72.090
Product Approval by the Commission.
(d) 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.
Staff recommendation:
Question: Can an expired test report be used to seek a Florida Product Approval or does testing of the same standards need to be retested?
Answer: An expired test report can be used to seek product approval under Rule 9B-72, as long as the testing standard as referenced in the FBC has not changed.