NOTICE OF
PROPOSED RULEMAKING
DEPARTMENT OF COMMUNITY AFFAIRS
RULE CHAPTER NO.: RULE CHAPTER TITLE:
9B-72 Product
Approval.
RULE NO. RULE
TITLE:
9B-72.010 Definitions.
9B-72.070 Product Evaluation and Quality Assurance for
Optional Statewide Approval.
9B-72.080 Product Validation
by Approved Validation Entity for Optional Statewide Approval.
9B-72.100 Approval of
Product Evaluation Entities, Product Validation Entities, Testing Laboratories,
Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.
9B-72.130 Forms.
PURPOSE, EFFECT AND SUMMARY: To review the rule in light of legislative
change, experience with the system, and the efforts of the Product Approval
Validation Workgroup.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY
COST: (If one has been prepared.) 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.
SPECIFIC AUTHORITY: 553.842(1), (5)-(7), (14)
FS.
LAW IMPLEMENTED: 553.842(1), (5)-(7), (8), (14) FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE:
June 26, 2007, 3:30 P.M., or as soon thereafter as the matter comes
before the Commission in accordance with its agenda.
PLACE:
Don Shula’s Hotel,
Any
person requiring special accommodations at the hearing because of a disability
or physical impairment should contact Ila Jones, Community Program
Administrator, Department of Community Affairs,
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULES IS: Mo Madani, Planning
Manager, Department of Community Affairs,
THE FULL TEXT OF THE OF THE PROPOSED RULES IS:
9B-72.010
Definitions.
(1) through (30) No change.
(31) Subcategory of product or construction system means a specific
functionality:
(a) through (d) No change.
(e) For shutters: accordion, Bahama, storm
panels, fabric storm panel, colonial, roll-up, pre-engineered equipment,
protection, and products introduced as a result of new technology;
(f) through (g) No change.
(32) through (35) No change.
Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History -- New 5-5-02, Amended 9-4-03,
11-22-06, .
9B-72.070 Product Evaluation and Quality Assurance for State
Approval.
(1)(a) through (f) No change.
(g) Products required to
demonstrate compliance using referenced testing standard(s) and also requiring
rational analysis that falls outside the scope of the agency certificate
designating product certification, must demonstrate compliance using an
evaluation report from an approved evaluation entity.
(2) through (3) No change.
(4)(a) through (d) No change.
(e) Installation requirements. Installation instructions including
attachments shall be developed by an evaluation entity, test lab or by the
manufacturer’s licensed design professional.
Exception: Installation
instructions for windows including attachment, at minimum shall include the
following:
1.
Type, and grade of anchor, and/or manufacturer’s anchor specifications,
including minimum nominal size, minimum penetration into substrate and minimum
edge distances;
2.
Type, physical dimensions, material and grade of any accessory item or
strap, if applicable;
3. Spacing of anchors, shims,
accessory items and straps; and
4. Illustrated diagrams of the
attachment of the product structure.
(f) through (h) No change.
(5)(a) through (d) No change.
(e) Installation requirements. Exception:
Installation instructions for windows including attachment at minimum
shall include the following:
1. Type, and grade of anchor,
and/or manufacturer’s anchor specifications, including minimum nominal size,
minimum penetration into substrate and minimum edge distances;
2.
Type, physical dimensions, material and grade of any accessory item or strap,
if applicable;
3. Spacing of anchors, shims,
accessory items and straps; and
4. Illustrated diagrams of the
attachment of the product structure.
(f) No change.
(6) and (7) No change.
Specific Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History -- New 5-5-02, Amended 9-4-03,
11-22-06, .
9B-72.080 Product Validation by Approved Validation Entity for State Approval.
(1) Administrative Validation: Validation of compliance with the Code using
a certification mark or listing from an approved certification agency, an
evaluation report from an approved product evaluation entity, and an evaluation
report from a Florida Registered Architect or licensed Florida Professional
Engineer shall be performed by an approved validation entities through the
following steps:
(a)(1) Verification that the certification, testing,
evaluation and quality assurance requirements established by Rule 9B-72.070,
F.A.C., are met and that all documentation is in order.
(b)(2) Validation of the
method of compliance using the validation checklist in subsection 9B-72.130(3),
F.A.C. Signed and sealed hard copy of
the Validation Checklist must be provided to the Program System Administrator
when the validation entity is a
(c)(3) Certification to the
Commission that the documentation submitted for the product indicates the
product complies with the Code.
(d)(4) Products listed by approved certification
agencies as complying with standards, that do not include rational analysis, established by the Code shall be approved
by the Commission upon validation
using Administrative Validation absent compliance with this section.
(2)
Technical Validation.
(a) Technical Validation of an
Evaluation Report: Validation of
compliance with the Code using an evaluation report from an approved evaluation
entity that is not an independent third-party from the manufacturer shall be
performed by an approved validation entity using the validation steps of the
Administrative Validation and the following steps:
1.
Determination that the evaluator has complied with acceptable standards
of engineering principles.
2.
Engineering verification that the evaluation complies with the Code.
3.
Copy of the application complying with all aspects of rule 61G15-36
F.A.C., must be filed with the Commission.
(b)
Technical Validation of a Test Report:
Validation of compliance with the Code using a test report from an
approved test lab shall be performed by an approved validation entity using the
validation steps of the Administrative Validation and the following steps:
1.
Verify that the reported data demonstrates compliance with the Florida
Building Code, and
2.
Verify that the correct test was performed.
(c)
Technical Validation of a Installation Instructions including
attachments: Installation instructions
including attachments developed by an entity that is not an independent
third-party from the manufacturer shall be performed by an approved validation
entity using the validation steps 1 through 3 of item 2(a) above.
Exception: Technical validation is not required if the
installation intruction including attachments are verified by the product certification agency or the product
evaluation entity.
(3)
Approved
Validation entities must retain all documentation of the product applications
(test reports, calculations, samples, etc.) as required by Florida statutes or
as long as the products are approved, based on their validation, whichever is
longer.
Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History -- New 5-5-02, Amended 11-22-06, .
9B-72.100 Approval of Product Evaluation Entities,
Product Validation Entities, Testing Laboratories, Certification Agencies,
Quality Assurance Agencies and Accreditation Bodies.
(1) No change
(2)
Approved Validation Entities.
(a)
An entity shall be approved by the Commission as a validation entity if
it is a Commission approved evaluation entity, testing laboratory or
certification agency, and it certifies to the Commission compliance with
standards established by the Code or intent of the Code. Architects and
engineers licensed in this Sstate are also approved to conduct
validation for the state approval. Testing
Laboratories are not allowed to conduct validations. Validation by an approved testing
laboratory acting as a validation entity shall be limited to the scope for
which they are accredited.
(b) through (c) No change.
(3) through (6) No change.
Specific Authority 553.842(9) FS. Law Implemented 553.842(9) FS. History -- New 5-5-02, Amended 9-4-03,
11-22-06. .
9B-72.130 Forms.
(1) and (2) No change.
(3) Validation Checklist for State
Approval, Form No. 9B-72.130(3), upated January 15, 2007 September 4,
2003 (electronic version).
Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History -- New 5-5-02, Amended 9-4-03,
11-22-06, .
NAME OF PERSON
ORGINATING PROPOSED RULES: Mo Madani,
Planning Manager, 2555 Shumard
Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 487-1824.
NAME OF SUPERVISOR
OR PERSON WHO APPROVED THE PROPOSED RULES:
Janice Browning, Director, Division of Housing and Community
Development, Department of Community Affairs.
DATE PROPOSED RULES
APPROVED BY AGENCY HEAD: May 23, 2007.
DATE NOTICE OF
PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:
January 12, 2007 and March 9, 2007.