Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.007 - Product Approval by the Commission

Current through Reg. 50, No. 138; July 16, 2024
(1) Approval of a product or system of
				construction for state acceptance shall be performed by the Commission through
				the following steps:
(a) A product
				manufacturer or owner of a proprietary system or method of construction, or its
				designee (applicant) shall apply to the Commission for approval by filing an
				application in accordance with subsection
				61G20-3.011(2),
				F.A.C., validated in accordance with Rule
				61G20-3.006, F.A.C., and
				submitting fees pursuant to subsection
				61G20-3.007(2),
				F.A.C. Application shall be made through the Building Codes Information System
				on the Internet,
www.floridabuilding.org
, and
				payment shall be by credit card or electronic check.
(b) The applicant submits all documentation
				required and fees in accordance with Rule
				61G20-3.005 and subsection
				61G20-3.007(2),
				F.A.C., respectively.
(c) With
				exception to product applications submitted pursuant to paragraph
				61G20-3.005(1)(a)
				or 61G20-3.005(1)(c),
				F.A.C., upon Commission acceptance of the required documentation pursuant to
				Rule 61G20-3.005, F.A.C., and
				validation of compliance with the Code pursuant to Rule
				61G20-3.006, 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 or an evaluation report from an approved
				evaluation entity 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 paragraph
				61G20-3.005(1)(a)
				or 61G20-3.005(1)(c),
				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
				61G20-3.006, 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. The Department shall schedule review of products it approves for
				the next POC meeting noticed in the Florida Administrative Register. 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 comment(s) shall be subject to review
				and determination by the POC whether the matter demonstrates good cause for
				review by the Commission. 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.
(e) Approval shall be valid until such time
				as the product changes decreasing the product's performance, the standards or
				provisions of the Code affecting the product change, or the approval is
				otherwise suspended, revoked, or superseded by a Commission approved revision
				to the approval. Changes to the Code shall not be construed as voiding the
				approval of products previously installed in existing buildings provided such
				products met building code requirements at the time the product was
				installed.
(f) When a new edition
				of the Code does not require a material or substantive change for an approved
				product, the manufacturer of the approved product shall affirm that his or her
				approved product meets the new edition of the Code. As part of application for
				self-affirmation, if the evaluation report refers to the previous edition of
				the Code, the manufacturer of the approved product shall submit a statement
				from an approved evaluation or validation entity that the product complies with
				the subsequent code version via an attachment uploaded and submitted through
				the BCIS. Self-affirmation is subject to review and verification by the Program
				Administrator.
(g) Manufacturer or
				the manufacturer's designee shall notify the Commission if it makes changes to
				the product which decrease the product's performance.
(h) Manufacturer shall notify the Commission
				when the quality assurance requirements of subsection
				61G20-3.005(3),
				F.A.C., are no longer in place.