61G20-3.007 Product
Approval by the Commission.
(1)
Approval of a product or system of construction for state acceptance shall be
performed by the Commission through the following
steps:
(a) A product
manufacturer or owner of a proprietary system or method of construction, or its
designee (applicant) shall apply to the Commission for approval by filing an
application in accordance with subsection 61G20-3.011(2), F.A.C., validated in
accordance with Rule 61G20-3.006, F.A.C., and submitting fees pursuant to
subsection 61G20-3.007(2), F.A.C. Application shall be made through the
Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be
by credit card or electronic check.
(b) The applicant submits
all documentation required and fees in accordance with Rule 61G20-3.005 and
subsection 61G20-3.007(2), F.A.C., respectively.
(c) With exception to product applications submitted pursuant to paragraph 61G20-3.005(1)(a) or
61G20-3.005(1)(c), F.A.C., upon Commission acceptance of the required documentation
pursuant to Rule 61G20-3.005, F.A.C., and validation of compliance with the
Code pursuant to Rule 61G20-3.006, F.A.C., the Commission may approve the
product for use statewide in accordance with its approval and limitations of
use unless credible evidence is provided questioning the validity of the
documentation submitted in support of the application for approval.
(d) Product Application that rely upon a product certification mark or
listing from an approved certification agency or an evaluation report from an
approved evaluation entity 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 61G20-3.005(1)(a) or
61G20-3.005(1)(c), 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 61G20-3.006, 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 Register. Comments concerning such products shall be accepted
utilizing the BCIS.
4. For the purpose of curing deficiencies
identifed 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 comment(s) shall be subject to review
and determination by the POC whether the matter demonstrates good cause for
review by the Commission. 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 either ratify the Department’s approval of the product or
direct further action by the POC, the Administrator or the applicant as
necessitated by the particular circumstances.
(e) Approval shall be
valid until such time as the product changes decreasing the product’s performance,
the standards or provisions of the Code affecting the product change, or the
approval is otherwise suspended, revoked, or superseded by a Commission
approved revision to the approval. Changes to the Code shall not be construed
as voiding the approval of products previously installed in existing buildings
provided such products met building code requirements at the time the product
was installed.
(f) When a new edition of the Code does not
require a material or substantive change for an approved product, the
manufacturer of the approved product shall affirm that his or her approved
product meets the new edition of the Code. As part of application for
self-affirmation, if the evaluation report refers to the previous edition of
the Code, the manufacturer of the approved product shall submit a statement
from an approved evaluation or validation entity that the product complies with
the subsequent code version via an attachment uploaded and submitted through
the BCIS. Self-affirmation is subject to review and verification by the Program
Administrator.
(g) Manufacturer or the
manufacturer’s designee shall notify the Commission if it makes changes to the
product which decrease the product’s performance.
(h) Manufacturer shall
notify the Commission when the quality assurance requirements of subsection
61G20-3.005(3), F.A.C., are no longer in place.
(2) Fees for state
approval of products.
(a) Fee for approval,
Five Hundred Dollars ($500.00) per subcategory of product. The Commission shall
review annually and adjust fees accordingly.
(b) Fee for reinstatement
after suspension, Fifty Dollars ($50.00) per product, plus billable staff hours
at Fifty Dollars ($50.00) per hour, plus consultant fees.
(c) Fees for approval of
evaluation entities, certification agencies, testing laboratories and
validation entities; for first time approval, Six Hundred Dollars ($600.00),
annual renewal fee, Two Hundred Fifty Dollars ($250.00), revision fee, Two
Hundred Dollars ($200.00).
(d) Fee for revision of an existing
approval, Five Hundred Dollars ($500.00) for a revision that results in a
material change to the performance of a product or product design specification
or both, and which may include addition of products within the same
subcategory.
(e) Fee for editorial revisions of an
existing product approval that does not result in material change to the
performance of a product or product design specification or both, One Hundred
Fifty Dollars ($150.00).
(f) Fee for affirmation of an existing
product approval for compliance with a new edition of the standards adopted by
the Code, One Hundred Dollars ($100.00).
(g) The Commission may, for a
duration of time, waive the fees prescribed in this subsection upon a finding
that such waiver will not have an adverse impact on the Commission’s ability to
process applications.
(3) Applications,
affirmations and revisions shall be made through the Building Codes Information
System on the Internet, www.floridabuilding.org, and payment shall be by credit
card or electronic check.
Rulemaking Authority 553.842(1) FS. Law Implemented 553.842 FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 10-28-09, Formerly 9B-72.090, Amended 7-14-11, Formerly 9N-3.007, Amended 4-23-14.