Issue DS2013-75 by Joshua Coberly of EFCO, a Pella Company. The petitioner requests clarification with regard to whether a test report that is based on in-house testing is acceptable as mean of compliance under the test report method of Rule 61G20-3, FAC.

Question #1: Does Florida Product Approval rule 61G20-3 allow test reports by an approved test lab which was performed at the in-house testing facility of the manufacturer when application for NON-HVHZ Florida Product Approval is made via the test report method? Furthermore is this type of testing allowed on applications made via the evaluation report by the Florida P.E. method?

Background

Situation:

EFCO, a Pella Company, is a leading manufacturer of architectural aluminum window, curtain wall, storefront systems and entrance systems for commercial applications.

According to EFCO, Representatives of EFCO have been present on multiple webinars and conference calls with Ted Berman of TBA and have understood from the comments made that per TAS standards all HVHZ tests must be performed by an approved testing lab at an approved location. They also mentioned that there was a distinction made in the webinars/calls between HVHZ and NON-HVHZ tests. After the distinction was made EFCO concluded that the NON-HVHZ tests could be performed by an FPA approved testing laboratory but there was no specification on the location of the testing facility. Furthermore, they also concluded that the test could be performed at the manufacturer’s in-house testing facility as long as the personnel from the approved test lab checked and calibrated the equipment and performed the testing. EFCO has spent the time, effort and money having products tested at our in-house facility, by a Florida approved test lab. With the test reports in hand we applied for FPA (see FPA # 16398) on the products, only to have them rejected by Ted Berman of Ted Berman and Associates, because the “testing was done at an in-house testing facility that is not an approved testing laboratory..”

Florida Administrative Code:

61G20-3.002 Definitions.

(5) Approved testing laboratory means a laboratory approved by the Commission pursuant to subsection 61G20-3.008(3), F.A.C., to test products for compliance with the standards specified in the Code.

61G20-3.005 Product Evaluation and Quality Assurance for State Approval.

61G20-3.005 (1)(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.

61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

61G20-3.008 (3) Approved Testing Laboratory Criteria. Approval by the Commission is limited to the scope of accreditation established by approve accreditation entities.

(a) An entity shall be approved by the Commission as an approved testing laboratory 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. Testing laboratories accredited by American Association for Laboratory Accreditation (A2LA) that meet the requirements of the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

2. Testing laboratories accredited by National Voluntary Laboratory Accreditation Program (NVLAP) that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

3. Testing laboratories accredited by approved product evaluation entities that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C, and approved by the Commission.

4. Testing laboratories accredited by other approved accreditation bodies that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

(b) Testing laboratories shall apply to the Commission for approval by filing an application in accordance with subsections 61G20-3.011(1) and subsection 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C.

61G20-3.009 Criteria for Certification of Independence.

A certification of independence shall be provided by a Florida registered architect or licensed professional engineer as applicable or by an officer of the entity, agency or laboratory who is responsible for operation of said entity, agency or laboratory that attests to the following:

(1) The entity, agency or laboratory does not have, nor does it intend to acquire or will it acquire, a financial interest in any company manufacturing or distributing products tested or labeled by the agency.

(2) The entity, agency or laboratory is not owned, operated or controlled by any company manufacturing or distributing products it tests or labels.

(3) The Florida registered architect or licensed professional engineer performing an evaluation does not have nor will acquire, a financial interest in any company manufacturing or distributing products for which the reports are being issued.

(4) The Florida registered architect or licensed professional engineer performing an evaluation does not have, nor will acquire, a financial interest in any other entity involved in the approval process of the product.

61G20-3.011 Forms.

The following forms are adopted for use in reference to the Product Evaluation and Approval System. Copies of these forms are available from the Department of Business and Professional Regulation, Codes and Standards Office, 1940 North Monroe Street, Tallahassee, Florida 32399, and via the Building Codes Information System on the Internet, www.floridabuilding.org.

(1) Florida Building Commission, Application for Organization/Entity Approval, Form No. 9B-72.130(1), effective November 10, 2009 (electronic version).

(2) Florida Building Commission, Application for State Product Approvals, Form No. 9B-72.130(2), effective November 10, 2009 (electronic version). New and revised applications received after January 11, 2010 shall be limited to a maximum of 150 product sequence numbers. This limitation shall not be applicable to editorial revision or affirmation of an existing application.

(3) Validation Checklists for State Approval, updated January 15, 2007 (electronic version):

(a) Form 9B-72.130(3)(a) Validation checklist for certification method;

(b) Form 9B-72.130(3)(b) Validation checklist for test report method;

(d) Form 9B-72.130(3)(d) Evaluation report from an evaluation entity.

Note: One of the mininum requirements of the application for approval of test lab “ Form No. 9B-72.130(1)” is the identification of the physical address of the test facility that is to be approved under the application”.

61G20-3.005 Product Evaluation and Quality Assurance for State Approval.

(4) Evaluation Report and Test Report Documentation Requirements. All reports and documentation required in subsections 61G20-3.005(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.

Staff analysis:

Question: Does Florida Product Approval rule 61G20-3 allow test reports by an approved test lab which was performed at the in-house testing facility of the manufacturer when application for NON-HVHZ Florida Product Approval is made via the test report method?

Answer: “No”. The manufacturer’s in-house testing facility in question is not an approved testing facility as required by Rule 61G20-3.011.

Question: Is this type of testing allowed on applications made via the evaluation report by the Florida P.E. method?

Answer: “Yes”. As long as the test lab in question is accredited by an approved accreditation body for the test performed (see Rule 61G20-3.005(4)).