(d) Product Applications 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 9N-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 9N-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 identified 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;

 

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 outstanding comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission.except for a showing of good cause that a review and determination by the full Commission is necessary.  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 ratify the Department’s approval of the produce or direct further action by the POC, the Administrator or applicant for product approval as necessitated by the particular circumstances.