Division of Professions
RULE NO.: RULE
TITLE:
61G20-3.015 Equivalence of Standards
PURPOSE
AND EFFECT: To review standards for
equivalence in the Florida Building Code and, if appropriate, authorize the use
of evaluations performed in accordance with the alternative standards for
Florida Product Approval.
SUMMARY: Statute permits the Commission to determine the
equivalency of standards not specifically adopted within the Building Code for
purposes of state product approval. This practice avoids unnecessary expense
and delay associated with testing under a new standard when the existing data
indicates the product meets or exceeds the requirements thereof. The rule is
amended to recognize the equivalency of the standards identified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined
that this rule will not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of $200,000 in the
aggregate within one year after the implementation of the rule. A SERC has not been prepared by the
agency. The agency has determined that
the proposed rule is not expected to require legislative ratification based on
the statement of estimated regulatory costs or if no SERC is required, the
information expressly relied upon and described herein: the economic review
conducted by the agency. 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.
OTHER RULES INCORPORATING THIS RULE:
None
EFFECT ON THOSE OTHER RULES: None
RULEMAKING AUTHORITY: 553.77(1)(i),
553.842(1) FS.
LAW
IMPLEMENTED: 553.842(1), (2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A
HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON
TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager,
Department of Business and Professional Regulation,
THE FULL TEXT OF THE PROPOSED RULES IS:
61G20-3.015
Equivalence of Standards is
revised to read as follows:
(1)
– (3)
– no change
(4) Standards which meet or exceed standards referenced by 2010 edition
of the Code and recognized as equivalent for determining Code Compliance are:
(a) ASTM E 1996-05 Standard Specification
for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective
Systems Impacted by windborne Debris in Hurricanes equivalent to ASTM E
1996-02.
(b) ASTM E 1996 – 05 Standard
Specification for Performance of Exterior Windows, Curtain Walls, Doors and
Impact Protective Systems Impacted by windborne Debris in Hurricanes equivalent
to ASTM E 1996-06 with respect to protective devices, with the exclusion of
mullions.
(54) Equivalence of
product standards for specific product application. Standards which meet or
exceed standards referenced by the Code and certified as equivalent for
determining code compliance by one of the following entities shall be
considered as equivalent by the Commission:
(a) An approved certification agency;
(b) An approved test lab;
(c) An approved evaluation entity;
(d)
(e) A nationally recognized standard writing organization.
(65) Equivalence of accreditation standards.
Where approved evaluation entities and accreditation bodies accredit testing
laboratories, certification agencies and quality assurance agencies to
standards other than the referenced ISO standards in Rule 61G20-3.008, F.A.C.,
the accrediting body shall certify to the Commission that its standard is
equivalent to the ISO standard. Such certification shall contain:
(a) A sworn statement by
the officer of the accrediting body; and
(b) A comparison of the
accrediting body’s standard to each criteria of the ISO reference standard with
an explanation of why it is considered equivalent.
(76) Organizations:
(a) ANSI – American
National Standards Institute;
(b) AAMA – American
Architectural Manufacturers Association;
(c) ASTM – American Society
of Testing and Materials;
(d) DASMA – Door Access
Systems Manufacturers Association; and
(e) NWWDA – National Wood Window and Door
Association.
Rulemaking
Authority 553.842(1), (16) FS. Law Implemented 553.842(2), (16) FS. History–New
5-5-02, Amended 3-9-04, 11-22-06, 5-13-09, Formerly 9B-72.180 Formerly
9N-3.015.