History/Background Pertinent to the
Proposed Rule 9B-72.100
Subject:
To adopt criteria by which the
Commission will approve additional evaluation entities for the State Product
Approval System.
Background:
(1) HB 697 – 553.842 (17)(a), Florida Statutes - 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,
(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
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.
(4) 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.
(5) 2009 Legislative Session - proposed
legislation to 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).
SB/HB
proposing the above stated change to the law did not pass.
(7)
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).”
(8) The International Association of Plumbing and Mechanical Officials
Evaluation Service (IAPMO - ES) is accredited by ANSI as a certification agency
meeting ISO 65.
(9) Under
the State Product Approval System:
IAPMO is approved as a
certification entity.
IAPMO is approved as an
evaluation entity until December 1, 2009.
(10) Florida Statutes - If the association “IAPMO” 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.