Notice of Proposed Rule

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Building Commission

Rule No.: RULE TITLE
9N-3.002: Definitions
9N-3.007: Product Approval by the Commission
9N-3.008: Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies
9N-3.011: Forms
PURPOSE AND EFFECT: The purpose of the rule development workshop is to implement section 39, chapter 2010-176, Laws of Florida, and create an expedited method of product approval for products certified to comply with the Florida Building Code and repeal means by which the Florida Building Commission approves evaluation entities in addition to those identified in statute. To update the forms/BCIS (Building Code Information System) to update the payment screens and to add provision for approval of product by DCA
SUMMARY: To update the forms/BCIS (Building Code Information System) to update the payment screens and to add provision for approval of certain products by DCA subject to ratification by the Florida Building Commission.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 553.77(1)(i), 553.842(1), (8) FS.
LAW IMPLEMENTED: 553.842(1), (8) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Participation by communications media technology available as follows: Conference call, telephone number 888-808-6959, Conference Code: 1967168
September 21, 2010; 10:00 a.m.
PLACE: Room 250L, Sadowski Building, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247.

THE FULL TEXT OF THE PROPOSED RULE IS:

9N-3.002 Definitions.

The following terms have the meanings indicated:

(1) through (14) No change.

(15) Department means Florida Department of Community Affairs.

(15) through (22) renumbered; (16) through (23) No change.

(24)(23) 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 9N-3.005, F.A.C. In addition, this includes the approval of a product by the Department pursuent to Rule 9N-3.007(1)(d).

(24) through (30) renumbered; (25) through (31) No change.

(32) Technically relevant means in accordance with this rule and or the applicable provisions of the Florida Building Code.

(32) through (35) renumbered; (34) through (37) No change.

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, Formerly 9B-72.010 Amended .

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) and (b) No change.

(c) With exception to product applications submitted pursuant to Rule 9N-3.005(1)(a), F.A.C., uUpon Commission acceptance of the required documentation pursuant to Rule 9N-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 9N-3.006, 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 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. 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 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. 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.

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

(2) Fees for state approval of products.

(a) through (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-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

(1) through (a)1. No change.

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);

2.5. The Miami-Dade County Building Code Compliance Office Product Control Division (MDCBCCOPCD);

3.6. The International Code Council, International Evaluation Services (IES); and

4.7. The International Association of Plumbing and Mechanical Officials Evaluation Service (IAPMO).

(b) No change.

(c) Evaluation entities and certification agencies accredited as meeting the requirements of ISO/IEC Guide 65, adopted by reference in Rule 9N-3.016, 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 9N-3.008(1)(a), F.A.C., above shall be amended to include the applicant as an evalution entity.

(2) Approved Validation Entities.

(a) through (c) No change.

(3) through (6) No change.

Rulemaking Authority 553.842(8) FS. Law Implemented 553.842(8) FS. History–New 5-5-02, Amended 9-4-03, 3-9-04, 11-22-06, 4-10-08, 12-9-09, Formerly 9B-72.100.

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. 9B-72.130(1), effective __________ November 10, 2009 (electronic version).

(2) Florida Building Commission, Application for State Product Approvals, Form No. 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) No change.

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 .

NAME OF PERSON ORIGINATING PROPOSED RULE: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 23, 2010