Issue: HB 269 – changes to the state product approval system

Request for initiation of rulemaking and update to the BCIS/PA module

Changes to Florida Statutes:

553.842 Product evaluation and approval.—

(5) Statewide approval of products, methods, or systems of construction may be achieved by one of the following methods. One of these methods must be used by the commission to approve the following categories of products: panel walls, exterior doors, roofing, skylights, windows, shutters, impact protective systems, and structural components as established by the commission by rule. A product may not be advertised, sold, offered, provided, distributed, or marketed as hurricane, windstorm, or impact protection from wind-borne debris from a hurricane or windstorm unless it is approved pursuant to this section or s. 553.8425. Any person who advertises, sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection from wind-borne debris without such approval is subject to the Florida Deceptive and Unfair Trade Practices Act under part II of chapter 501 brought by the enforcing authority as defined in s. 501.203.

(a) Products for which the code establishes standardized testing or comparative or rational analysis methods shall be approved by submittal and validation of one of the following reports or listings indicating that the product or method or system of construction was in compliance with the Florida Building Code and that the product or method or system of construction is, for the purpose intended, at least equivalent to that required by the Florida Building Code:

1. A certification mark or listing of an approved certification agency, which may be used only for products for which the code designates standardized testing;

2. A test report from an approved testing laboratory;

3. A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity; or

4. A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, developed and signed and sealed by a professional engineer or architect, licensed in this state.

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 is equivalent to a test report and test procedure referenced in the Florida Building Code. An application for state approval of a product under subparagraph 1. or 3. must be approved by the department after the commission staff or a designee verifies that the application and related documentation are complete. This verification must be completed within 10 business days after receipt of the application. 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 that a review by the full commission is necessary. The commission shall adopt rules providing means to cure deficiencies identified within submittals for products approved under this paragraph.

Effective date: July 1, 2013

Summary of the changes:

(1) Adds new category of product : “impact protective systems”

(2) Expands the Department’s scope of product approval under the State Product Approval Program to include applications for product approval using product evaluation reports from evaluation entities other than those from licensed engineers or architects. The new legislation will allow applications for product approval using product evaluation reports to be considered and approved by the Department under the expedited ten (10) days review process.

Note: “Impact protective system” as defined in ASTM E 1996:

Impact protective system – construction applied, attached, or locked over an exterior glazed opening system to protect that system from windborne debris during high wind events. Impact protective systems include types that are fixed, operable, or removable.

Implementation:

(1) Update the BCIS/PA module: (1) To include the new category of product “impact protective system” and list of subcategories as defined in the reference standards currently adopted by the FBC; and (2) To allow applications for product approval using evaluation reports to be considered and approved by the Department under the expedited ten (10) days review process.

(2) Revise the following rules: Rules 61G20-3.00, 61G20-3.002 and 61G20-3.007.

Action needed: (a) Authorize staff to proceed with updating the BCIS/PA module as noted above with implementation date of July 1, 2013.

(b) Authorize staff to proceed with rulemaking ASAP.