Revise Rule 9N-3.002, Definitions, as follows:
The following terms have the meanings indicated:
Item (1) – (14) No Change.
Add new definition for the term “Department” as item “15”
as follows and renumber the remaining items accordingly:
(15) Department means Florida Department of Community Affairs.
Revise item #23, Product Approval, as follow:
Product Approval:
State product approval means the approval of a product or system
of construction by the Commission for acceptance of a product on a state or
regional basis consistent with an evaluation conducted pursuant to Rule
9B-72.070, F.A.C. In addition, this includes
the approval of a product by the Department pursuant to Rule 9B-72.090(1) (d).
Add new definition for the term “Technically significant”
as item “32” as follows and renumber the remaining items accordingly:
(32) Technically significant means in accordance with this rule and or the applicable provisions of the Florida Building Code.
Revise Rule 9N-3.007, Product Approval by the Commission, as follows:
(1) Approval of a product or system of
construction for state acceptance shall be performed by the Commission through
the following steps:
(a) Through (b) No change.
(c) With exception to product
applications submitted pursuant to Rule B9B-72.070(1)(a), F.A.C., Uupon
Commission acceptance of the required documentation pursuant to Rule 9B-72.070,
F.A.C., and validation of compliance with the Code pursuant to Rule 9B-72.080,
F.A.C., the Commission may approve the product for use statewide in accordance
with its approval and limitations of use unless credible evidence is provided
questioning the validity of the documentation submitted in support of the
application for approval.
(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
9B-72.070(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 9B-72.07.080, F.A.C. are complete.
(2)
The
verification by the Administrator must be completed within 10 business days
after receipt of the application.
(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.
(4)
For the
purpose of curing deficiencies identified 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
significant;
(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;
(d)
An outstanding
comment(s) shall be subject to review and determination by the POC except for a
showing of good cause that a review and determination by the full Commission is
necessary.
( e
d) No change to text.
(f e) No change to text.
(g f) No change to text.
(h g) No
change to text.
(2) No change
Revise 9N-3.008, Approval of Product Evaluation Entities, Product Validation
Entities, Testing Laboratories, Certification Agencies, Quality Assurance
Agencies and Accreditation Bodies, as follows:
(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 2. The Miami-Dade County Building Code
Compliance Office Product Control Division (MDCBCCOPCD);
6 3. The International Code Council,
International Evaluation Services (IES); and
7 4. The International Association
of Plumbing and Mechanical Officials Evaluation Service (IAPMO).
(b) Architects and
engineers licensed in this state are also approved to conduct product
evaluation.
(c) Evaluation entities and certification agencies accredited as
meeting the requirements of ISO/IEC Guide 65, adopted by reference in Rule
9B-72.190, F.A.C., other than architects and
engineers registered in this state, shall apply to the Commission for approval
as an evaluation entity by submitting correspondence to the Commission
substantiating accreditation and independence. Upon approval by the Commission,
paragraph 9B-72.100(1)(a), F.A.C., above shall be amended to include the
applicant as an evaluation entity.
(2) Approved Validation
Entities. No change.
Revise the Building Code Information System (BCIS) and Rule 9N-3.011 Forms as follows:
1. Update payment screen(s) to provide for split payment screen necessary to allow payment of fees to be made directly to the Administrator and the Department.
2. Update the BCIS system to add a provision for approval of product by DCA :
“Approved by DCA subject to review and ratification by the POC and/or the Commission if necessary”