DEPARTMENT OF COMMUNITY AFFAIRS
Florida Building Commission

Rule No.: RULE TITLE
9N-3.007: Product Approval by the Commission
9N-3.011: Forms

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 34, August 27, 2010 issue of the Florida Administrative Weekly.

9N-3.007 Product Approval by the Commission.

(1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following steps:

(a) through (c) No change.

(d) Product Application that rely upon a product certification mark or listing from an approved certification agency shall be approved for use statewide in accordance with its approval and limitations of use to demonstrate compliance with the Code as follows:

1. An application of a product submitted for state acceptance pursuant to Rule 9N-3.005(1)(a), F.A.C., shall be approved by the Department after the Program System Administrator (the “Administrator”) verifies that the application and required documentation as per Rule 9N-3.006, F.A.C., are complete.

2. No change.

3. Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved products maintained by the BCIS. Approvals by the Department shall be reviewed and ratified by the Commission’s Program Oversight Committee (“POC”) except for a showing of good cause that a review by the full Commission is necessary. The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrative Weekly. Comments concerning such products shall be accepted utilizing the BCIS.

4. For the purpose of curing deficiencies identifed within product applications approved under this section, the following steps will be undertaken:

a. If a comment is received on a Department approved Product, the Administrator shall immediately evaluate the comment and determine whether the comment is technically relevant;

b. If the comment as determined by the Administrator is technically significant, the Administrator shall post the comment received in the comment box for the application;

c. The Administrator shall immediately notify the manufacturer of the comment received on his or her application requesting that the manufacturer respond to the comment and revise the application as deemed necessary; and

d. Any outstanding comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission, except for a showing of good cause that a review and determination by the full Commission is necessary. Any party in disagreement with the POC action on a comment is authorized to bring the matter before the Commission by providing public comment to the Commission during its meeting following POC consideration.

e. The Commission shall review the products as recommended by the POC and comments submitted in opposition to the POC recommendation and either ratify the Department’s approval of the product or direct further action by the POC, the Administrator or the applicant as necessitated by the particular circumstances.

(d) through (g) renumbered; (e) through (h) No change.

(2) and (3) No change.

Rulemaking Authority 553.77(1)(i), 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 10-28-09, Formerly 9B-72.090, Amended .

9N-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 Community Affairs, Codes and Standards Section, 2555 Shumard Oak Boulevard, 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. 9N-3.011(1) 9B-72.130(1), effective __________ November 10, 2009 (electronic version).

(2) Florida Building Commission, Application for State Product Approvals, Form No. 9N-3.011(2) 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 9N-3.011(3)(a) 9B-72.130(3)(a) Validation checklist for certification method;

(b) Form 9N-3.011(3)(b) 9B-72.130(3)(b) Validation checklist for test report method;

(c) Form 9N-3.011(3)(c) 9B-72.130(3)(c) Validation checklist for evaluation report from an architect or engineer;

(d) Form 9N-3.011(3)(d) 9B-72.130(3)(d) Evaluation report from an evaluation entity.

Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 4-10-08, 3-2-10, Formerly 9B-72.130, Amended .