Issue: Allow 10 days turnaround approval for product demonstrating compliance using certification mark or listing so that products get into the market faster.
Background:
The language as stated below was part of SB 2100 which failed to pass during the last legislative session. At that time, the Commission reviewed the following proposed language and did not object for the proposed legislation to go forward.
Proposed language:
A
product evaluation report or a certification mark or listing of an approved
certification agency which demonstrates that the product or method or system of
construction complies with the Florida Building Code for the purpose intended
shall be equivalent to a test report and test procedure as referenced in the
Florida Building Code. An application for state
approval of a product under subparagraph 1. shall be approved by the department
after the commission staff or a designee verifies within 10 days after receipt
that the application and related documentation are complete. Upon approval by
the department, the product shall be immediately added to the list of
state-approved products maintained under subsection (13). Approvals by the department
shall be reviewed and ratified by the commission’s program oversight committee
except for a showing of good cause.
Staff comment #1: Implementation of the proposed legislation by Department staff is not possible without additional staff. To make sure that applications are reviewed and approved within 10 days, it is estimated that, at minimum, of one full time staff will be needed to monitor the BCIS database on a daily bases and review and approve applications in a timely manner. On the other hand, additional staff will not be needed if the task is delegated and negotiated to the Administrator.
Staff comment #2: Staff recommends an exception to the above proposed legislation as follows:
Exception: Product bearing a
certification mark or listing from an approved certification agency and
validated by the same/original certification entity shall be deemed approved by
the department without verification.
Upon approval by the department, the product shall be immediately added
to the list of state-approved products maintained under subsection (13). Approval by the department shall be reviewed
and ratified by the Commission’s program oversight committee except for a
showing of good cause.
Through out the years a number of significant steps were taken by the Commission to improve the status of product applications bearing a certification mark or listing. One of the most significant improvements for this compliance method was requiring validation by an independent 3rd party using a specific checklist. Currently, the majority of product applications bearing certification mark or listing are validated by the original certification agency. The original certification entity is the most logical entity to validate and affirm that an application bearing a certification mark or listing is in compliance with Rule 9B-72. Unlike other compliance methods, certification/listing compliance method provides for the least documentation of application which in turn makes reviewing an application by an entity (i.e. Administrator) other than the original certification very limited if not impossible. In contrast, the original certification agency has access to all technical documentation including test report(s) necessary to affirm compliance with the FBC and Rule 9B-72.