Issue: Proposed revisions to Rule 9N-3.013 necessary to provide criteria for revocation process of an approved product or entity

Florida Statutes

553.842 Product evaluation and approval.—

(14) The commission shall by rule establish criteria for revocation of product approvals as well as revocation of approvals of product evaluation entities, testing laboratories, quality assurance entities, certification agencies, and validation entities. Revocation is governed by s. 120.60 and the uniform rules of procedure.

Rule 9N-3

Revise 9N-3.013, Revocation or Modification of Product Approvals and Entity Certifications, to read as follows:

(1) Product Approval Revocation or Suspension.

(a) Any product approval shall be revoked or suspended for any of the following reasons:

1. Failure to maintain certification, evaluation reports or testing in good standing with a Commission approved entity which conducted the testing or comparative or rational analysis, or combination thereof on which the product approval is based.

2. Suspension or revocation of the certification, evaluation report or testing report issued by a Commission approved entity on which the approval is based, for just cause.

3. Failure to maintain quality assurance programs for the manufacture of the approved products as required by this document.

4. Failure to correct manufacturing deficiencies required to bring the product within specifications of the originally approved product or alternatively to demonstrate in a manner consistent with this document, that the product’s performance complies with the standards established by the Code.

5. Advertising and sales of the product for uses not consistent with conditions or limitations of its approval.

6. Determination that the product was approved based on misrepresentations in the application for approval.

7. Failure of the manufacturer to cooperate with a Commission ordered investigation.

(b) The Commission may suspend the approval of a product based on any provision of subsection 9N-3.013(1), F.A.C., until such time as the manufacturer demonstrates the product is currently in compliance with this document.

(c) The Commission shall initiate an investigation based on a written complaint containing substantial material evidence by any substantially affected party.

(d) The Commission shall clearly post the status of product approvals, denials, or suspensions on its website, the Florida Building Codes Information System, www.floridabuilding.org.

(2) Revocation or suspension of evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agencies or accreditation body approval.

(a) The Commission shall revoke or suspend the approval of any evaluation entity, certification agency, testing laboratory, quality assurance agency, or validation entity other than those specifically identified in Section 553.842(9)(a), F.S., for one or more of the following reasons:

1. Failure to maintain accreditation by a Commission approved accreditation body.

2. Suspension or revocation of accreditation by a Commission approved accreditation body for failure to meet Commission accreditation standards or equivalent pursuant to Rules 9N-3.008 and 9N-3.015, F.A.C.

3. Determination by the Commission that any requirement set forward in this document has been violated.

4. Determination that the criteria for independence from any manufacturer set forth in Rule 9N-3.009, F.A.C., has been violated.

5. Determination that the entity is not independent pursuant to Rule 9N-3.009, F.A.C., of any competing manufacturer of the manufacturer to whom the entity provided services on which Florida jurisdictions’ product approval is based.

6. An entity has misrepresented its accreditations or other material information on its application for approval.

7. Failure to conduct investigations of products authorized by Rule 9N-3.014, F.A.C.

(b) The Commission may revoke or suspend the approval of any approved accreditation body for failure to maintain accreditation programs which comply with subsection 9N-3.008(6), F.A.C., or any material misrepresentation of its independence or substantive information on its capabilities or policies and procedures and failure to cooperate in investigations of those it accredits.

(c) Commission suspensions under subsection 9N-3013(2), F.A.C., shall remain in effect until such time as the entity demonstrates to the Commission that it is in compliance with said requirement.

(d) The Commission shall initiate an investigation based on a written complaint providing substantial material evidence provided by any substantially affected party.

(e) The Commission shall clearly post the status of approved evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agency and accreditation body approval, suspension or revocation on its website list of approved entities.

(3) Incomplete Product Approval or Entity applications. Any application that has no activity and is not complete within 180 days from the date of initial filing shall be denied.

(4) Prior to revoking or suspending an approval, the approval-holder shall be informed in writing of the Commission’s intention to revoke or suspend his or her approval. The notice shall:

(a) Explain the specific reasons for the proposed revocation or suspension; and

(b) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product/entity approval requirements.

(5) Upon request, the approval-holder shall be afforded an opportunity for a hearing.

(6) If a product poses an imminent hazard to public safety or health, the approval may be immediately suspended without a written notice of the Commission’s intention to revoke. The suspension may continue until the revocation proceedings are completed.

Rulemaking Authority 553.842(15) FS. Law Implemented 553.842(15) FS. History–New 5-5-02, Amended 11-22-06, Formerly 9B-72.160.