History/Background:

 

December 08 POC meeting:

 

 

I. Develop criteria for evaluation entity approval and adopt by Rule or develop recommendation for 2009 legislature for entities to be recognized by law.

 

Background:

(1) HB 697 – 553.842 (17)(a) The Florida Building Commission shall review the list of evaluation entities in subsection (8) and in the annual report required under s.553.77, shall either recommend amendments to the list to add evaluation entities the commission determined should be authorized to perform product evaluation or shall report on the criteria adopted by rule or to be adopted by rule allowing the Commission to approve evaluation entities that use the Commission’s product evaluation process. If the Commission adopts criteria by rule, the rule making process must be completed by July 1, 2009.

(b) Notwithstanding paragraph (8)(a), the International Association of Plumbing and Mechanical Officials Evaluation Service is approved as an evaluation entity until October 1, 2009. If the association does not obtain permanent approval by the Commission as an Evaluation Entity by October 1, 2009, products approved on the basis of an association evaluation must be substituted by alternate, approved entity by December 31, 2009. and on January 1, 2010, any product approval issued by the Commission based on an association evaluation is void.

(2) 553.842 Product Evaluation and Approval – F.S.

(8)  The commission may adopt rules to approve the following types of entities that produce information on which product approvals are based. All of the following entities, including engineers and architects, must comply with a nationally recognized standard demonstrating independence or no conflict of interest:

(a)  Evaluation entities that meet the criteria for approval adopted by the commission by rule. The commission shall specifically approve the National Evaluation Service, the International Association of Plumbing and Mechanical Officials Evaluation Service, the international Conference of Building Officials Evaluation Services, the Building Officials and Code Administrators International Evaluation Services, the Southern Building Code Congress International Evaluation Services the International Code Council Evaluation Services, and the Miami-Dade County Building Code Compliance Office Product Control. Architects and engineers licensed in this state are also approved to conduct product evaluations as provided in subsection (5).

(3)        Rule 9B-72.100 (1) approved Product Evaluation Entities

 

(1) Approved Product Evaluation Entities. Approval by the Commission is limited to the scope established by Section 553.842, F.S.

(a) The following entities are approved evaluation entities:

1. The National Evaluation Service (NES);

2. The International Conference of Building Officials Evaluation Services (ICBO ES);

3. The Building Officials and Code Administrators International Evaluation Services (BOCA ESI);

4. The Southern Building Code Congress International Evaluation Services (PST ESI);

5. The Miami-Dade County Building Code Compliance Office Product Control Division (MDCBCCOPCD); and

6. The International Code Council, International Evaluation Services (IES).

(b) Architects and engineers licensed in this state are also approved to conduct product evaluation.

(c) Evaluation entities, other than architects and engineers registered in this state, shall apply to the Commission for approval as an evaluation entity by filing an application in accordance with subsections 9B-72.130(1) and 9B-72.090(3), F.A.C., including a Certificate of Independence in accordance with Rule 9B-72.110, F.A.C., and submitting fees pursuant to subsection 9B-72.090(2), F.A.C.

 

            Rule 9B-72.100 (4) approved Certification Agency criteria.

 

(a) An entity shall be approved by the Commission as a certification agency if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body:

1. Certification Agencies accredited by ANSI that meet the requirements of ISO/IEC Guide 65: General Requirements for Bodies Operating Product Certification Systems or other standard certified as equivalent by the accrediting entity pursuant to Rule 9B-72.180, F.A.C., and approved by the Commission.

2. Certification Agencies accredited as meeting the requirements of ISO/IEC Guide 65: General Requirements for Bodies Operating Product Certification Systems or other standard certified as equivalent by the accrediting entity pursuant to Rule 9B-72.180, F.A.C., and approved by the Commission.

3. Lumber grading or inspection agencies approved by the American Lumber Standards Committee (ALSC) or other agency approved by the Commission as equivalent, in accordance with United Stated Department of Commerce “Voluntary Product Standard: DOC PS 20-99,” “American Softwood Lumber Standard.”

(b) Certification Agencies shall apply to the Commission for approval by filing an application as provided by subsections 9B-72.130(1) and 9B-72.090(3), F.A.C., including a Certificate of Independence in accordance with Rule 9B-72.110, F.A.C., and submitting fees pursuant to subsection 9B-72.090(2), F.A.C.

(c) Approvals shall be valid until such time as Commission approval requirements change, the certification agency no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended or revoked.

 

(4) There is no national accreditation standard / criteria program in existence for approval and accreditation of “evaluation entity” – the closest accreditation standard available which could be used on the basis for determination of competency and qualification of an “evaluation entity” is ISO Guide 65 (General requirements for bodies operating product certification system).”

 

Staff Recommendation:

 

(1)   IAPMO Evaluation Service (ES) is accredited by ANSI as a certification agency meeting ISO 65. (Please see the attached accreditation certificate on page 24) Therefore, it is the staff recommendation that IAPMO be recommended by the Commission for inclusion in the law as an approved evaluation entity.

 

(2)   Change the law to read as follows:

(a) Evaluation entities that meet the criteria for approval adopted by the commission by rule. The commission shall specifically approve the National Evaluation Service, the International Association of Plumbing and Mechanical Officials Evaluation Service, the international Conference of Building Officials Evaluation Services, the Building Officials and Code Administrators International Evaluation Services, the Southern Building Code Congress International Evaluation Services the International Code Council Evaluation Services, and the Miami-Dade County Building Code Compliance Office Product Control. Architects and engineers licensed in this state are also approved to conduct product evaluations as provided in subsection (5).

 

POC Action:

 

 

I.                   Develop criteria for evaluation entity approval and adopt by Rule or develop

II.                recommendation for 2009 legislature for entities to be recognized by law.

 

The Committee agreed with the staff recommendations below:

 

(1)   IAPMO Evaluation Service (ES) is accredited by ANSI as a certification agency meeting ISO 65.  Therefore, it is the staff recommendation that IAPMO be recommended by the Commission for inclusion in the law as an approved evaluation entity.

 

(2)   Change the law to read as follows:

(a) Evaluation entities that meet the criteria for approval adopted by the commission by rule. The commission shall specifically approve the, the International Association of Plumbing and Mechanical Officials Evaluation Service,  the International Code Council Evaluation Services, the Miami-Dade County Building Code Compliance Office Product Control and National Evaluation Service, the international Conference of Building Officials Evaluation Services, the Building Officials and Code Administrators International Evaluation Services, the Southern Building Code Congress International Evaluation Services. Architects and engineers licensed in this state are also approved to conduct product evaluations as provided in subsection (5).

            Note:  Staff will organize the entities listed above alphabetically.

Current status:

SB/HB proposing the above stated change to the law did not pass.

Staff recommendation:

Option #1:  If we do nothing, then we have to proceed as per 553.842(17(b).  Meaning:

If the association does not obtain permanent approval by the Commission as an Evaluation Entity by October 1, 2009, products approved on the basis of an association evaluation must be substituted by alternate, approved entity by December 31, 2009. and on January 1, 2010, any product approval issued by the Commission based on an association evaluation is void.

Option #2:   Request that the Commission open Rule 9B-72 to allow for establishing criteria for approving evaluation entities.  Utilize the following criteria as the basis for approving evaluation entities:

Certification agencies meeting ISO 65 are deemed approved as evaluation entities.