9B-72.160 Revocation or Modification of Product Approvals and Entity Certifications.
- (1)Product Approval Revocation or Suspension.
- (a) Any product approval shall be revoked or suspended for any of the following
reasons:
- 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.
- 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.
- Failure to maintain quality assurance programs for the manufacture of the approved products as required by this document.
- 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.
- Advertising and sales of the product for uses not consistent with conditions or limitations of its approval.
- Determination that the product was approved based on misrepresentations in the application for approval.
- Failure of the manufacturer to cooperate with a Commission ordered investigation.
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- (b)The Commission may suspend the approval of a product based on any
provision of subsection 9B-72.160(1), F.A.C., until such time as the manufacturer
demonstrates the product is currently in compliance with this document.
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- (c)The Commission shall initiate an investigation based on a written
complaint containing substantial material evidence by any substantially
affected party.
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- (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:
- Failure to maintain accreditation by a Commission approved accreditation body.
- Suspension or revocation of accreditation by a Commission approved accreditation
body for failure to meet Commission accreditation standards or equivalent
pursuant to Rules 9B-72.100 and 9B-72.180, F.A.C.
- Determination by the Commission that any requirement set forward in this document
has been violated.
- Determination that the criteria for independence from any manufacturer set forth
in Rule 9B-72.110, F.A.C., has been violated.
- Determination that the entity is not independent pursuant to Rule 9B-72.110,
F.A.C., of any competing manufacturer of the manufacturer to
whom the entity provided services on which Florida jurisdictions’ product
approval is based.
- An entity has misrepresented its accreditations or other material information
on its application for approval.
- Failure to conduct investigations of products authorized by Rule 9B-72.170,
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 9B-72.100(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.
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- (c)Commission suspensions under subsection 9B-72.160(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.
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- (d)The Commission shall initiate an investigation based on a written
complaint providing substantial material evidence provided by any substantially
affected party.
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- (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.
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- (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.
Specific Authority 553.842(15) FS. Law Implemented 553.842(15) FS. History–New 5-5-02, Amended 11-22-06.