History/Background:
December 08 POC meeting:
I. Develop criteria for evaluation entity approval and adopt
by Rule or develop recommendation for 2009 legislature for entities to be
recognized by law.
Background:
(1) HB 697 – 553.842 (17)(a) The Florida Building Commission shall review the list of evaluation entities in subsection (8) and in the annual report required under s.553.77, shall either recommend amendments to the list to add evaluation entities the commission determined should be authorized to perform product evaluation or shall report on the criteria adopted by rule or to be adopted by rule allowing the Commission to approve evaluation entities that use the Commission’s product evaluation process. If the Commission adopts criteria by rule, the rule making process must be completed by July 1, 2009.
(b) Notwithstanding paragraph (8)(a), the International Association of Plumbing and Mechanical Officials Evaluation Service is approved as an evaluation entity until October 1, 2009. If the association does not obtain permanent approval by the Commission as an Evaluation Entity by October 1, 2009, products approved on the basis of an association evaluation must be substituted by alternate, approved entity by December 31, 2009. and on January 1, 2010, any product approval issued by the Commission based on an association evaluation is void.
(2) 553.842 Product Evaluation and Approval – F.S.
(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 that meet the criteria for approval
adopted by the commission by rule. The commission shall specifically approve
the National Evaluation Service, the International Association of Plumbing
and Mechanical Officials Evaluation Service, the international
Conference of Building Officials Evaluation Services, the Building Officials
and Code Administrators International Evaluation Services, the Southern
Building Code Congress International Evaluation Services 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).
(3) Rule 9B-72.100 (1) approved Product Evaluation Entities
(1) Approved Product Evaluation Entities.
Approval by the Commission is limited to the scope established by Section
553.842, F.S.
(a) The following entities are approved
evaluation entities:
1. The National Evaluation Service (NES);
2. The International Conference of
Building Officials Evaluation Services (ICBO ES);
3. The Building Officials and Code
Administrators International Evaluation Services (BOCA ESI);
4. The Southern Building Code Congress
International Evaluation Services (PST ESI);
5. The
6. The International Code Council,
International Evaluation Services (IES).
(b) Architects and engineers licensed in
this state are also approved to conduct product evaluation.
(c) Evaluation entities, other than
architects and engineers registered in this state, shall apply to the
Commission for approval as an evaluation entity by filing an application in
accordance with subsections 9B-72.130(1) and 9B-72.090(3), F.A.C., including a
Certificate of Independence in accordance with Rule 9B-72.110, F.A.C., and
submitting fees pursuant to subsection 9B-72.090(2), F.A.C.
Rule
9B-72.100 (4) approved Certification Agency criteria.
(a) An entity shall be approved by the
Commission as a certification agency 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. Certification Agencies accredited by
ANSI that meet the requirements of ISO/IEC Guide 65: General Requirements for
Bodies Operating Product Certification Systems or other standard certified as
equivalent by the accrediting entity pursuant to Rule 9B-72.180, F.A.C., and
approved by the Commission.
2. Certification Agencies accredited as
meeting the requirements of ISO/IEC Guide 65: General Requirements for Bodies
Operating Product Certification Systems or other standard certified as
equivalent by the accrediting entity pursuant to Rule 9B-72.180, F.A.C., and
approved by the Commission.
3. Lumber grading or inspection agencies
approved by the American Lumber Standards Committee (ALSC) or other agency
approved by the Commission as equivalent, in accordance with United Stated
Department of Commerce “Voluntary Product Standard: DOC PS 20-99,” “American
Softwood Lumber Standard.”
(b) Certification Agencies shall apply to
the Commission for approval by filing an application as provided by subsections
9B-72.130(1) and 9B-72.090(3), F.A.C., including a Certificate of Independence
in accordance with Rule 9B-72.110, F.A.C., and submitting fees pursuant to
subsection 9B-72.090(2), F.A.C.
(c) Approvals shall be valid until such
time as Commission approval requirements change, the certification agency 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.
(4) There is no national accreditation standard / criteria
program in existence for approval and accreditation of “evaluation entity” –
the closest accreditation standard available which could be used on the basis
for determination of competency and qualification of an “evaluation entity” is
ISO Guide 65 (General requirements for bodies operating product certification
system).”
Staff Recommendation:
(1)
IAPMO Evaluation
Service (ES) is accredited by ANSI as a certification agency meeting ISO 65.
(Please see the attached accreditation certificate on page 24) Therefore, it is
the staff recommendation that IAPMO be recommended by the Commission for
inclusion in the law as an approved evaluation entity.
(2)
Change the law to
read as follows:
(a) Evaluation entities that meet the
criteria for approval adopted by the commission by rule. The commission shall
specifically approve the National Evaluation Service, the International
Association of Plumbing and Mechanical Officials Evaluation Service, the
international Conference of Building Officials Evaluation Services, the
Building Officials and Code Administrators International Evaluation Services,
the Southern Building Code Congress International Evaluation Services 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).
POC Action:
I.
Develop criteria
for evaluation entity approval and adopt by Rule or develop
II.
recommendation for
2009 legislature for entities to be recognized by law.
The Committee agreed with the
staff recommendations below:
(1) IAPMO Evaluation Service (ES) is accredited by ANSI as a
certification agency meeting ISO 65. Therefore,
it is the staff recommendation that IAPMO be recommended by the Commission for
inclusion in the law as an approved evaluation entity.
(2) Change the law to read as follows:
(a) Evaluation entities that meet the
criteria for approval adopted by the commission by rule. The commission shall
specifically approve the, the International Association of Plumbing and
Mechanical Officials Evaluation Service,
the International Code Council Evaluation Services, the Miami-Dade
County Building Code Compliance Office Product Control and National Evaluation
Service, the international Conference of Building Officials Evaluation
Services, the Building Officials and Code Administrators International
Evaluation Services, the Southern Building Code Congress International
Evaluation Services. Architects and engineers licensed in this state are
also approved to conduct product evaluations as provided in subsection (5).
Note: Staff will organize the entities listed above alphabetically.
Current
status:
SB/HB proposing the above stated change to the law
did not pass.
Staff
recommendation:
Option #1:
If we do nothing, then we have to proceed as per 553.842(17(b). Meaning:
If the association does not obtain permanent approval by the Commission as an Evaluation Entity by October 1, 2009, products approved on the basis of an association evaluation must be substituted by alternate, approved entity by December 31, 2009. and on January 1, 2010, any product approval issued by the Commission based on an association evaluation is void.
Option #2: Request that the Commission open Rule 9B-72 to allow for establishing criteria for approving evaluation entities. Utilize the following criteria as the basis for approving evaluation entities:
Certification agencies meeting ISO 65 are deemed approved as evaluation entities.