Issue: To review and discuss the requirements of Rule 61G20-3 with regard to product testing laboratories, specifically the requirements that approval be limited to a specific physical location.

Four methods of compliance:

Certification:

Test report: Test report from a Commission’s approved test lab is not required. Under this method, testing is conducted in testing facilities that are under the oversight of the certification agency.

Evaluation Report from a Florida licensed Architect or a Florida Professional Engineer:

Test report: Test report from a Commission’s approved test lab is not required. Under this method, the test lab is required to be accredited by an approved accreditation body. Therefore inspected by accreditation agency.

Evaluation Report from an Evaluation Entity:

Test report: Test report from a Commission’s approved test lab is not required. Under this method, testing is conducted in testing facilities that are under the oversight of evaluation entity.

Test Report:

Test report: Test report from a Commission’s approved test lab is required. Under this method, the rule requires that the test site be approved/accredited. Therefore inspected by accreditation agency. Under this approval, the following safeguards are provided:

- Test facility/location is accredited and thus periodically inspected.

- List of principals/staff are experienced and qualified to do the work.

- Test lab is independent – not owned, operated or controlled by a manufacturer.

ISO/IEC 17025:

ISO 17025 does allow for testing outside the main location of the testing facility.

61G20-3.002 Definitions.

(5) Approved testing laboratory means a laboratory approved by the Commission pursuant to subsection 61G20-3.008(3), F.A.C., to test products for compliance with the standards specified in the Code.

61G20-3.005 Product Evaluation and Quality Assurance for State Approval.

61G20-3.005 (1)(b) A test report from an approved testing laboratory, which identifies which products are covered by the test report and provides verifiable documentation indicating the product tested complies with the Code.

61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

61G20-3.008 (3) Approved Testing Laboratory Criteria. Approval by the Commission is limited to the scope of accreditation established by approve accreditation entities.

(a) An entity shall be approved by the Commission as an approved testing laboratory if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body.

1. Testing laboratories accredited by American Association for Laboratory Accreditation (A2LA) that meet the requirements of the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

2. Testing laboratories accredited by National Voluntary Laboratory Accreditation Program (NVLAP) that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

3. Testing laboratories accredited by approved product evaluation entities that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C, and approved by the Commission.

4. Testing laboratories accredited by other approved accreditation bodies that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

(b) Testing laboratories shall apply to the Commission for approval by filing an application in accordance with subsections 61G20-3.011(1) and subsection 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C.

61G20-3.009 Criteria for Certification of Independence.

A certification of independence shall be provided by a Florida registered architect or licensed professional engineer as applicable or by an officer of the entity, agency or laboratory who is responsible for operation of said entity, agency or laboratory that attests to the following:

(1) The entity, agency or laboratory does not have, nor does it intend to acquire or will it acquire, a financial interest in any company manufacturing or distributing products tested or labeled by the agency.

(2) The entity, agency or laboratory is not owned, operated or controlled by any company manufacturing or distributing products it tests or labels.

61G20-3.011 Forms.

The following forms are adopted for use in reference to the Product Evaluation and Approval System. Copies of these forms are available from the Department of Business and Professional Regulation, Codes and Standards Office, 1940 North Monroe Street, Tallahassee, Florida 32399, and via the Building Codes Information System on the Internet, www.floridabuilding.org.

(1) Florida Building Commission, Application for Organization/Entity Approval, Form No. 9B-72.130(1), effective November 10, 2009 (electronic version).

(2) Florida Building Commission, Application for State Product Approvals, Form No. 9B-72.130(2), effective November 10, 2009 (electronic version). New and revised applications received after January 11, 2010 shall be limited to a maximum of 150 product sequence numbers. This limitation shall not be applicable to editorial revision or affirmation of an existing application.

(3) Validation Checklists for State Approval, updated January 15, 2007 (electronic version):

(a) Form 9B-72.130(3)(a) Validation checklist for certification method;

(b) Form 9B-72.130(3)(b) Validation checklist for test report method;

(d) Form 9B-72.130(3)(d) Evaluation report from an evaluation entity.

Note: One of the mininum requirements of the application for approval of test lab “ Form No. 9B-72.130(1)” is the identification of the physical address of the test facility that is to be approved under the application”.

61G20-3.005 Product Evaluation and Quality Assurance for State Approval.

(4) Evaluation Report and Test Report Documentation Requirements. All reports and documentation required in subsections 61G20-3.005(1) and (2), F.A.C., shall contain the information listed below. Design drawings submitted for permitting purposes are not to be construed to be an evaluation report and do not require this information. When the Code requires a standard test as a component of a product approval using the evaluation methods, the test lab must be accredited by an approved accreditation body for the test performed. The entity issuing the evaluation report or certification is responsible to ensure that the test lab is accredited.

61G20-3.002 Definitions.

(5) Approved testing laboratory means a laboratory approved by the Commission pursuant to subsection 61G20-3.008(3), F.A.C., to test products for compliance with the standards specified in the Code.

(34) Test means a technical operation that consists of the determination of one or more characteristics of a given product, process or service according to a specified procedure.

(35) Test report means a report from an approved testing laboratory which provides performance data showing compliance with a code requirement as determined by a referenced standard test method or equivalent standard test method pursuant to Rule 61G20-3.015, F.A.C., and which identifies products covered by the report and limitations on the products’ use.

61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

(3) Approved Testing Laboratory Criteria. Approval by the Commission is limited to the scope of accreditation established by approve accreditation entities.

(b) Testing laboratories shall apply to the Commission for approval by filing and application in accordance with subsections 61G20-3.011(1) and subsection 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C.

(c) Approvals shall be valid until such time as Commission approval requirements change, the testing laboratory no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended or revoked.

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.

8) The commission may adopt rules to approve the following types of entities that produce information on which product approvals are based. All of the following entities, including engineers and architects, must comply with a nationally recognized standard demonstrating independence or no conflict of interest:

(a) Evaluation entities approved pursuant to this paragraph. The commission shall specifically approve the National Evaluation Service, the International Association of Plumbing and Mechanical Officials Evaluation Service, the International Code Council Evaluation Services, and the Miami-Dade County Building Code Compliance Office Product Control. Architects and engineers licensed in this state are also approved to conduct product evaluations as provided in subsection (5).

(b) Testing laboratories accredited by national organizations, such as A2LA and the National Voluntary Laboratory Accreditation Program, laboratories accredited by evaluation entities approved under paragraph (a), and laboratories that comply with other guidelines for testing laboratories selected by the commission and adopted by rule.