NOTICE OF PROPOSED RULEMAKING

 

DEPARTMENT OF COMMUNITY AFFAIRS

 

RULE NO.:                             RULE TITLE:       

 

9B-72.100                               Approval of Product Evaluation Entities, Product Validation Entities,

                                                Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.            

PURPOSE AND EFFECT:   To adopt criteria by which the Florida Building Commission shall approve evaluation entities for the State system of product approval.

SUMMARY:   Adds criteria by which the Commission will approve additional evaluation entities and adds the International Association of Plumbing and Mechnical Officials as an approved evaluation entity.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:  (If one has been

prepared)

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY:   553.842(8)(a) FS.

LAW IMPLEMENTED:  553.842(8)(a) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL

BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED,

THIS HEARING WILL NOT BE HELD):

DATE AND TIME:  September 21, 2009; 10:00 a.m. – hearing to be held via teleconference, the information for which will be provided by meeting notice for a meeting of the Florida Building Commission.

PLACE:  Public point of access - 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

Any person requiring special accommodation at the hearing because of a disability or physical impairment should contact Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)922-6091 at least seven days before the date of the hearing.  If you are hearing or speech impaired, please contact the Department of Community Affairs using the Florida Dual Party Relay System which can be reached at 1-800-955-8770 (Voice) or 1-800-955-9771 (TDD).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS:  Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)922-6091.

THE FULL TEXT OF THE PROPOSED RULE IS:

   9B-72.100 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

   (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); and.

   7. The International Association of Plumbing and Mechanical Officials Evaluation Service (IAMPO.

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

   (c) Evaluation entities and certification agencies accredited as meeting the requiremnets of ISO/IEC Guide 65, other than architects and engineers registered in this state, shall apply to the Commission for approval as an evaluation entity  by submitting correspondence to the Commission substantiating accreditation and independence.  Upon approval by the Commission, subparagraph 9B-72.100(1)(a) above shall be amended to include the applicant as an evalution 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.

   (2) through (6) No change.

Specific Authority 553.842(8)(a)(9) FS.  Law Implemented 553.842(8)(a)(9) FS.  History – New 5-5-02, Amended  9-4-03, 3-9-04, 11-22-06, 4-10-08,               .

NAME OF PERSON ORIGINATING PROPOSED RULE:  Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)922-6091.

NAME OF AGENCY HEAD WHO APPROVED THE RULE:  Florida Building Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  August 12, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:  July 2, 2009