reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-9 - CONTINUING EDUCATION › Section 61G19-9.009 - Advertising of Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Course providers shall not advertise a
				continuing education course as one approved by the Board until such approval is
				officially granted by the Board.
(2) Course providers shall not include any
				false or misleading information regarding the contents, instructors or number
				of classroom hours of any course approved under this rule.
Specific Authority
					 468.606 FS. Law Implemented
					 468.627
					 FS.
New 5-23-94, Amended
					 4-23-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-9 - CONTINUING EDUCATION › Section 61G19-9.010 - Continuing Education Courses Required by Disciplinary Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Continuing education courses approved
				under the provisions of this part shall satisfy final orders of the board
				requiring continuing education as a disciplinary measure.
(2) The disciplined certificate holder shall
				submit proof of completion of the required amount of continuing education to
				the Board within the time stated in the final order.
Specific Authority
					 468.606 FS. Law Implemented
					 468.627
					 FS.
New 5-23-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-9 - CONTINUING EDUCATION › Section 61G19-9.011 - Continuing Education Course Provider Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The fee for registering or renewing each
				continuing education provider shall be $100.00.
(2) The fee for reviewing each continuing
				education course approval application shall be $25.00 per four (4) classroom
				hours; the minimum fee shall be $25.00, the maximum fee shall be
				$200.00.
(3) Government agencies
				providing continuing education shall pay no fee for course or provider
				approval.
Specific Authority
					 468.606 FS. Law Implemented
					 455.2179(3),
					 455.219,
					 468.627
					 FS.
New 5-23-94, Amended 4-12-95, 4-23-01,
					 6-13-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-10 - FEES › Section 61G19-10.001 - Fees: Application, Examination, Certification and Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) Building code administrator, plans
				examiners, or inspectors employed by local governments shall not pay
				application or examination fees, but shall pay $5.00 each for initial
				certification and biennial renewal fees.
(2) All other persons who are not local
				government employees shall pay fees as follows:
(a) The application fee is $25.00.
(b) The examination fee is $31.25.
(c) The reexamination fee is $6.25.
(d) The certification fee is
				$25.00.
(e) The active and inactive
				certificate renewal fee is $5.00.
(f) Delinquent Fee. A delinquent status
				licensee shall pay a delinquency fee of $25.00 when the licensee applies for
				active or inactive status.
(g) The
				examination review fee is $25.00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-10 - FEES › Section 61G19-10.002 - Change of Status Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) Active. The fee
				for reactivation of an inactive status license shall be $5.00.
(2) Inactive. A licensee shall pay an
				inactive status fee of $5.00 when the licensee applies for inactive status at
				any time other than at the beginning of licensure cycle.
Specific Authority
					 455.271 FS. Law Implemented
					 455.271
					 FS.
New 10-25-95, Amended
					 5-6-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-10 - FEES › Section 61G19-10.003 - Reinstatement Fee of a Null and Void License

Current through Reg. 50, No. 138; July 16, 2024
Reinstatement of a null and void license must be accompanied
				  by payment of a fee of $125.00.
Specific Authority
					 455.271,
					 486.606,
					 455.219 FS. Law Implemented
					 455.219,
					 455.271
					 FS.
New 3-28-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-11 - PROBABLE CAUSE PANEL › Section 61G19-11.001 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination whether probable cause exists to believe that a violation of Part
				XII, Chapter 468 or 455, F.S., has occurred, shall be made by a majority vote
				of the probable cause panel.
(2)
				The probable cause panel shall be appointed by the Chair of the Board, and
				shall consist of at least two members. One member shall be a consumer member,
				if available and willing to serve, and one member may be a former member of the
				Board.
(3) The Board reserves to
				its probable cause panel the sole authority to find probable cause for the
				purpose of authorizing the filing of an administrative
				complaint.
Rulemaking Authority
					 468.606 FS. Law Implemented
					 455.225(4),
					 468.627
					 FS.
New 5-23-94, Amended 11-28-95,
					 9-28-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G19 - Building Code Administrators and Inspectors Board › Chapter 61G19-12 - DELINQUENT STATUS › Section 61G19-12.001 - Delinquent Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.271 FS. Law Implemented
					 455.271
					 FS.
New 9-25-95, Repealed
					 3-4-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-1 - FLORIDA BUILDING CODE ADOPTED › Section 61G20-1.001 - Florida Building Code Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Florida Building Code, 8th Edition (2023), as updated by the Florida
				Building Commission on June 20, 2023, and incorporated herein by reference is
				hereby adopted as the building code for the State of Florida.
(2) The material incorporated and adopted in
				subsection (1), is copyrighted material that is available for public inspection
				and examination at the Department of State, Administrative Code and Register
				Unit, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida
				32399, and at the Department of Business and Professional Regulation, Office of
				Codes & Standards, 2601 Blair Stone Road, Tallahassee, Florida
				32399-0772.
Rulemaking Authority
					 553.73(1), (7)
					 FS. Law Implemented 399.031,
					 553.37(1),
					 553.72,
					 553.73,
					 553.844(5),
					 553.899 FS., Sections 32, 33,
					 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter
					 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida, Sections
					 10, 11, 14, 17, 19, 23, 24, 25, 26, 32, 33, 34, 35, 36, 37, 39, Chapter
					 2016-129, Laws of Florida, Chapter 2016-211, Laws of
					 Florida.
New 7-18-90, Amended 3-30-93, 10-17-93, 8-28-95, 9-24-96,
					 12-26-96, 4-27-97, 10-5-97, 10-14-97, 9-7-00, 11-28-00, 2-7-01, 12-16-01,
					 6-30-03, 4-3-05, 12-11-05, 12-8-06, 5-21-07, 10-1-08, 2-17-09, 10-1-09,
					 Formerly 9B-3.047, Amended 11-10-11,
					 Formerly 9N-1.001, Amended 4-25-13,
					 6-30-15, 12-21-16, 12-31-17, 12-31-20, 12-26-21, 1-1-23, 1-3-23, 9-18-23,
					 12-31-23.
The amended version of this section by
				  Florida
				  Register Volume 49, Number 212, October 31, 2023 effective
				  12/31/2023 is not
				  yet available.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-1 - FLORIDA BUILDING CODE ADOPTED › Section 61G20-1.002 - Alterative Design Method for Screen Enclosures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Chapter 2012-13, Section 19, Laws of
					 Florida, 553.76,
					 553.77 FS. Law Implemented
					 Chapter 2012-13, Section 19, Laws of Florida,
					 553.76,
					 553.77
					 FS.
New 4-25-13, Repealed
					 2-9-16.
The amended
				  version of this section by
				  Florida
				  Register Volume 46, Number 166, August 25, 2020 effective
				  12/31/2020 is not
				  yet available.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.004 - Notice of Rights (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.77(1)(h)
					 FS. Law Implemented 553.77(1)(h)
					 FS.
New 11-20-01, Formerly
					 9B-3.052,
					 9N-2.004, Repealed
					 2-9-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.005 - Alternative Plans Review and Inspection forms Adopted

Current through Reg. 50, No. 138; July 16, 2024
The following form is hereby incorporated by reference and
				  adopted for use in conjunction with utilization of a private provider to
				  perform plan review and inspection and may be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16305
or at
https://www.floridabuilding.org/fbc/committees/Private_Providers/Private_Providers.htm
:
Notice to Building Official of Use of Private Provider, Form
				  Number 61G20-2.005 -2002-01, effective
				  April 2024.
Rulemaking Authority
					 553.791(4), (5)
					 FS. Law Implemented 553.791(4), (5)
					 FS.
New 1-20-03, Amended 7-21-08, Formerly
					 9B-3.053,
					 9N-2.005, Amended
					 10-18-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.006 - Non-Binding Interpretations of the Florida Building Code

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purposes of this rule
				section:
(a) "Code" shall mean the Florida
				Building Code.
(b) "Commission"
				shall mean the Florida Building Commission.
(c) "Organization" shall mean the entity that
				provides the interpretation services as described in Section
				553.77(7),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.001 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) Products in the following categories as
				defined by subcategories of subsection
				61G20-3.002(33),
				F.A.C., shall be available for approval by the Commission pursuant to Rule
				61G20-3.007, F.A.C., for use in
				the state:
(a) Panel Walls;
(b) Exterior Doors;
(c) Roofing Products;
(d) Skylights;
(e) Windows;
(f) Shutters;
(g) Structural Components; and
(h) Impact Protective
				Systems.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.003 - Exceptions

Current through Reg. 50, No. 138; July 16, 2024
Products listed in Rule
				  61G20-3.001, F.A.C., shall be
				  approved according to the provisions of this rule.
(1) Prescriptive. Products that have
				prescriptive specification standards and are manufactured under quality
				assurance procedures as specified in the Code will be deemed approved. Such
				products shall include but not be limited to the following:
(a) Structural components covered by United
				States Department of Commerce Product Standards;
(b) Structural components comprised of
				products that are assembled or placed in the field and are subject to
				standardized field testing procedures contained within nationally recognized
				standards adopted within the Code may demonstrate compliance by a batch ticket
				or bill of lading made available at the site of assembly or placement;
				and
(c) Custom (one of a kind)
				pre-engineered buildings.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.004 - Optional Statewide Approval Generally

Current through Reg. 50, No. 138; July 16, 2024
State approval of products listed in Rule
				  61G20-3.001, F.A.C., and not
				  covered by subsection
				  61G20-3.003(1),
				  F.A.C., or revisions to existing statewide product approvals require evaluation
				  of product compliance with the Code by a method listed in Rule
				  61G20-3.005, F.A.C., validation
				  of the evaluation as required by Rule
				  61G20-3.006, F.A.C., and
				  approval per Rule 61G20-3.007, F.A.C. Validation
				  of compliance with the Code shall be performed by approved Validation Entities.
				  Approval shall be performed by the Commission. All products used in
				  construction covered by the Code shall comply with the provisions or standards
				  contained therein or with the intent of the Code.
Rulemaking Authority
					 553.842(1) FS.
					 Law Implemented 553.842(6)
					 FS.
New 5-5-02, Amended 9-4-03, 11-22-06, Formerly
					 9B-72.060,
					 9N-3.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.005 - Product Evaluation and Quality Assurance for State Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Method 1. Products specifically addressed
				in the Code through performance criteria and standard test methods or standard
				comparative or rational analysis methods, which cannot be approved through the
				plan review and inspection process, shall demonstrate compliance with the Code
				through one of the following:
(a) A
				certification mark or listing from an approved certification agency indicating
				that the product is in compliance with the Code. Indication of compliance shall
				be by certification to standards adopted by the Code.
(b) A test report from an approved testing
				laboratory, which identifies which products are covered by the test report and
				provides verifiable documentation indicating the product tested complies with
				the Code.
(c) An evaluation report
				from an approved product evaluation entity that covers the subject product and,
				based upon standard tests or standard comparative or rational analysis, or a
				combination thereof, indicates that the product was evaluated to be in
				compliance with the Code and that the product is, for the purpose intended, at
				least equivalent to that required by the Code.
(d) An evaluation report from a Florida
				Registered Architect or a licensed Florida Professional Engineer developed and
				signed and sealed, based upon standard tests or standard comparative or
				rational analysis, or a combination thereof and indicates that the product was
				evaluated to be in compliance with the Code and that the product is, for the
				purpose intended, at least equivalent to that required by the Code.
(e) Rational engineering analysis cannot be
				used in lieu of a standard test required by the Code for approval of products
				within the scope of the standard, except that project specific approval by the
				local authorities having jurisdiction in accordance with alternate methods and
				materials authorized in the Code.
(f) A legacy report from a nationally
				recognized model code organization may be used if the report demonstrates
				compliance with the Code.
(g)
				Products required to demonstrate compliance using referenced testing
				standard(s) and also requiring rational analysis that falls outside the scope
				of the agency certificate designating product certification, must demonstrate
				compliance using an evaluation report from an approved evaluation
				entity.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.006 - Product Validation by Approved Validation Entity for State Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrative Validation: Validation of
				compliance with the Code using a certification mark or listing from an approved
				certification agency, an evaluation report from an approved product evaluation
				entity, and an evaluation report from a Florida Registered Architect or
				licensed Florida Professional Engineer shall be performed by approved
				validation entities through the following steps:
(a) Verification that the certification,
				testing, evaluation and quality assurance requirements established by Rule
				61G20-3.005, F.A.C., are met and
				that all documentation is in order.
(b) Validation of the method of compliance
				using the validation checklist in subsection
				61G20-3.011(3),
				F.A.C. Signed and sealed hard copy of the Validation Checklist must be provided
				to the Program System Administrator when the validation entity is a Florida
				Registered Architect or licensed Professional Engineer.
(c) Certification to the Commission that the
				documentation submitted for the product indicates the product complies with the
				Code.
(d) Products listed by
				approved certification agencies as complying with standards, that do not
				include rational analysis, established by the Code shall be approved by the
				Commission upon validation using Administrative Validation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.008 - Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Approved Product Evaluation Entity Criteria. Approval by the Commission is
				limited to the scope of accredition established by approved accreditation
				entities.
(a) An entity shall be approved by
				the Commission as an evaluation entity 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. Evaluation entities
				accredited by ANSI that meet the requirements of ISO/IEC 17065: Conformity
				Assessment - Requirements for Bodies Certifying Products, Processes and
				Services, or another standard certified as equivalent by the accrediting entity
				pursuant to Rule 61G20-3.015, F.A.C., and
				approved by the Commission.
2.
				Evaluation entities accredited as meeting the requirements of ISO/IEC 17065:
				Conformity Assessment - Requirements for Bodies Certifying Products, Processes
				and Services, or another standard certified as equivalent by the accrediting
				entity pursuant to Rule
				61G20-3.015, F.A.C., and
				approved by the Commission.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.009 - Criteria for Certification of Independence

Current through Reg. 50, No. 138; July 16, 2024
A certification of independence shall be provided by a
				  Florida registered architect or licensed professional engineer as applicable or
				  by an officer of the entity, agency or laboratory who is responsible for
				  operation of said entity, agency or laboratory that attests to the
				  following:
(1) The entity, agency or
				laboratory does not have, nor does it intend to acquire or will it acquire, a
				financial interest in any company manufacturing or distributing products tested
				or labeled by the agency.
(2) The
				entity, agency or laboratory is not owned, operated or controlled by any
				company manufacturing or distributing products it tests or labels.
(3) The Florida registered architect or
				licensed professional engineer performing an evaluation does not have nor will
				acquire, a financial interest in any company manufacturing or distributing
				products for which the reports are being issued.
(4) The Florida registered architect or
				licensed professional engineer performing an evaluation does not have, nor will
				acquire, a financial interest in any other entity involved in the approval
				process of the product.
Rulemaking Authority
					 553.842(1) FS.
					 Law Implemented 553.842(1), (8)
					 FS.
New 5-5-02, Amended 11-22-06, Formerly
					 9B-72.110,
					 9N-3.009.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.010 - List of Approved Product Evaluation Entities, Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.842(13) FS.
					 Law Implemented 553.842(13)
					 FS.
New 5-5-02, Amended 11-22-06, Formerly 9B-3.120,
					 9N-3.010, Repealed
					 2-17-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.011 - Forms

Current through Reg. 50, No. 138; July 16, 2024
The following forms are hereby incorporated by reference and
				  adopted for use in reference to the Product Evaluation and Approval System.
				  Copies of these forms are available from the Department of Business and
				  Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road,
				  Tallahassee, Florida 32399-0772, and via the Building Codes Information System
				  at
www.floridabuilding.org
.
(1) Florida Building Commission, Application
				for Organization/Entity Approval, Form
				9N-3.011(1),
				effective October 2021, which is also available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13620
.
(2) Florida Building Commission, Application
				for State Product Approvals, Form
				9N-3.011(2),
				effective December 3, 2020. 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),
				Validation checklist for certification method; effective January 15,
				2007.
(b) Form No.
				9N-3.011(3)(b),
				Validation checklist for test report method; effective January 15,
				2007.
(c) Form
				9N-3.011(3)(c),
				Validation checklist for evaluation report from an architect or engineer;
				effective January 15, 2007.
(d)
				Form 9N-3.011(3)(d),
				Evaluation report from an evaluation entity; effective January 15,
				2007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.012 - Revisions to Product Approvals or Entity Approvals

Current through Reg. 50, No. 138; July 16, 2024
Approval of revisions to state approved products or approved
				  entities shall be performed by the Commission as follows:
(1) A product manufacturer or approved entity
				shall submit a revision 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. Revisions 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. The revision will carry the same
				Florida Product Approval number as the original approval with the addition of a
				revision number assigned, R1, R2, as applicable.
(2) Revisions to all data will be
				allowed.
(3) Once a revision is
				approved by the Commission, the approved revision will supersede the original
				approval.
Rulemaking Authority
					 553.842(1) FS.
					 Law Implemented 553.842(6)
					 FS.
New 11-22-06, Formerly
					 9B-72.135,
					 9N-3.012.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.013 - Revocation or Modification of Product Approvals and Entity Certifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Product Approval Revocation or
				Suspension.
(a) Any product approval shall be
				revoked or suspended for any of the following reasons:
1. Failure to maintain certification,
				evaluation reports or testing in good standing with a Commission approved
				entity which conducted the testing or comparative or rational analysis, or
				combination thereof on which the product approval is based.
2. Suspension or revocation of the
				certification, evaluation report or testing report issued by a Commission
				approved entity on which the approval is based, for just cause.
3. Failure to maintain quality assurance
				programs for the manufacture of the approved products as required by this
				document.
4. Failure to correct
				manufacturing deficiencies required to bring the product within specifications
				of the originally approved product or alternatively to demonstrate in a manner
				consistent with this document, that the product's performance complies with the
				standards established by the Code.
5. Advertising and sales of the product for
				uses not consistent with conditions or limitations of its approval.
6. Determination that the product was
				approved based on misrepresentations in the application for approval.
7. Failure of the manufacturer to cooperate
				with a Commission ordered investigation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.014 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Investigation of approved product
				non-compliance.
(a) The Commission shall
				initiate an investigation of product non-compliance on the basis of a written
				complaint including substantial material evidence.
(b) Investigation of product deficiencies
				shall be conducted by the manufacturer's certification agency, evaluation
				entity or test laboratory and the validation entity which certified compliance
				with the code standards to the Commission.
(c) The manufacturer's certification agency,
				evaluation entity or test laboratory and the validation entity may conduct
				investigations independent of the Commission initiation and report findings to
				the Commission on which suspension or revocation action is based.
(d) Substantially affected party complaints
				shall be based on one or more of the provisions of Rule
				61G20-3.013,
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.015 - Equivalence of Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Equivalence
				of product standards. Where conformance to the Code is based on standards, then
				product evaluation shall rely on national and international consensus standards
				referenced in the Code. Other standards which meet or exceed standards
				referenced by the 2001 edition of the Code and recognized as equivalent for
				determining Code compliance are:
(a) ASTM E
				330-97 equivalent to ASTM E 330-84;
(b) ASTM E 330-02 equivalent to ASTM E
				330-84;
(c) ANSI/AAMA/NWWDA
				101/I.S.2/NAFS-02 equivalent to ANSI/AAMA/NWWDA 101/I.S.2-97;
(d) DASMA 108-02 Standard Method for Testing
				Sectional Garage Doors equivalent to ASTM E 330-84, ASTM E 330-97, and ASTM E
				330-02; and
(e) ANSI 250.13 Testing
				and Rating of Severe Wind-Storm Resistant Components for Swinging Doors
				Assemblies equivalent to ASTM E 330-84, ASTM E 1886-97 and ASTM E 1996-99
				except for the High Velocity Hurricane Zone (HVHZ).
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-3 - PRODUCT APPROVAL › Section 61G20-3.016 - Reference Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) International
				Organization for Standardization/International Electrotechnical Commission
				ISO/IEC Guide 61, General Requirements for Assessment and Accreditation of
				Certification/Registration Bodies.
(2) International Organization for
				Standardization/International Electrotechnical Commission (ISO/IEC) 17065:
				2012, Conformity Assessment - Requirements for Bodies Certifying Products,
				Processes and Services.
(3)
				International Organization for Standardization/International Electrotechnical
				Commission ISO/IEC Guide TR 17010: 1998, General Requirements for Bodies
				Providing Accreditation of Inspection Bodies.
(4) International Organization for
				Standardization/International Electrotechnical Commission ISO/IEC Guide TR
				17020: 1998, General Criteria for the Operation of Various Types of Bodies
				Performing Inspection.
(5)
				International Organization for Standardization/International Electrotechnical
				Commission (ISO/IEC) Guide 17025: 1999, General Requirements for the Competence
				of Testing and Calibration Laboratories.
(6) International Organization for
				Standardization/International Electrotechnical Commission ISO/IEC Guide 58,
				Calibration and Testing Laboratory Accreditation Systems - General Requirements
				for Operation and Recognition.
Rulemaking Authority
					 553.842(1) FS.
					 Law Implemented 553.842(2)
					 FS.
New 5-5-02, Formerly
					 9B-72.190,
					 9N-3.016, Amended
					 10-19-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-4 - HANDICAPPED ACCESSIBILITY STANDARDS › Section 61G20-4.002 - Florida Accessibility Code for Building Construction

Current through Reg. 50, No. 138; July 16, 2024
The 2012 Florida Accessibility Code for Building Construction
				  (the Code) as updated by the Commission, effective March 15, 2012 and as
				  amended by the Commission on June 12, 2012 is adopted herein by reference.
				  Copies of the Code are available on the internet at
www.floridabuilding.org
,
http://www2.iccsafe.org/states/florida_codes/
,
				  or by writing to the Department of Business and Professional Regulation, Office
				  of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida
				  32399-0772.
Rulemaking Authority
					 553.503 FS. Law Implemented
					 553.503
					 FS.
New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, 5-14-08,
					 Formerly 9B-7.0042, Amended 3-15-12,
					 4-25-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-5 - THERMAL EFFICIENCY STANDARDS › Section 61G20-5.0041 - Thermal Efficiency Standards Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.901 FS. Law Implemented
					 553.901,
					 553.903
					 FS.
New 12-10-96, Amended 10-19-97, 1-19-98, 12-27-98, 9-12-00,
					 3-1-09, Formerly 9B-13.0041, Repealed
					 11-26-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-5 - THERMAL EFFICIENCY STANDARDS › Section 61G20-5.0051 - Enforcement Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.907 FS. Law Implemented
					 553.901,
					 553.904,
					 553.905,
					 553.906,
					 553.907,
					 553.908
					 FS.
New 12-10-96, Formerly
					 9B-13.0051, Repealed
					 11-26-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-5 - THERMAL EFFICIENCY STANDARDS › Section 61G20-5.0071 - Cost Effectiveness of Amendments to Energy Code (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.9061(3) FS.
					 Law Implemented 553.9061(3)
					 FS.
New 8-17-09, Formerly
					 9B-13.0071, Repealed
					 11-26-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-6 - BUILDING CODE TRAINING PROGRAM › Section 61G20-6.002 - Commission Approval and Accreditation of Advanced Building Code Training Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Approval of
				Course Accreditors. The Commission shall approve persons to serve as
				accreditors of advanced training courses. Persons desiring to be accreditors
				shall apply using the Register Accreditor function and associated online
				screens, Form FBC-ED-001, effective September 10, 2010, adopted and
				incorporated herein by reference and available from the Building Code
				Information System at
www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx
.
				Applications shall be accompanied by an application fee of $100.00.
				Applications shall be approved by the Commission if the applicant has
				demonstrated five years of Florida Building Code expertise in the field for
				which approval is sought, or equivalent as specified below, or possesses an
				active license issued pursuant to Section 471.015, 481.213 or 481.311; Chapter
				489, Part I or II, F.S.; or a standard certificate issued pursuant to Section
				468.609, F.S. Accreditors
				approved by the Commission under prior versions of this rule are authorized to
				continue accreditation of building code courses. Equivalent expertise or
				proficiency under this provision shall include:
(a) A four year college degree or graduate
				degree in the field for which approval is sought;
(b) A letter verifying work experience in the
				field for which approval is sought from a person who supervised the
				applicant;
(c) A letter verifying
				employment and specific position of the applicant in the field for which
				approval is sought from the applicant's employer; or
(d) For an accreditor application submitted
				to accredit only accessibility courses, demonstrated proficiency acceptable to
				the Commission as a subject matter expert in the field of
				accessibility.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-7 - FLORIDA BUILDING COMMISSION - BUILDING CODE TRAINING PROGRAM › Section 61G20-7.002 - Commission Approval and Accreditation of Advanced Building Code Training Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Approval of
				Course Accreditors. The Commission shall approve persons to serve as
				accreditors of advanced training courses. Persons desiring to be accreditors
				shall apply using the Register Accreditor function and associated online
				screens, Form FBC-ED-001, effective September 10, 2010 adopted herein by
				reference and available from the Building Code Information System at
				www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx. Applications shall be
				accompanied by an application fee of $100.00. Applications shall be approved by
				the Commission if the applicant has demonstrated five years of Florida Building
				Code expertise in the field for which approval is sought, or equivalent as
				specified below, or possesses an active license issued pursuant to Section
				471.015,
				481.213, or
				481.311; Chapter 489,
				Part I or II, F.S.; or a standard certificate issued pursuant to Section
				468.609,
				F.S. Accreditors approved by the Commission under prior versions of this rule
				are authorized to continue accreditation of building code courses. Equivalent
				expertise or proficiency under this provision shall include:
(a) A four year college degree or graduate
				degree in the field for which approval is sought;
(b) A letter verifying work experience in the
				field for which approval is sought from a person who supervised the
				applicant;
(c) A letter verifying
				employment and specific position of the applicant in the field for which
				approval is sought from the applicant's employer; or
(d) For an accreditor application submitted
				to accredit only accessibility courses, demonstrated proficiency acceptable to
				the Commission as a subject matter expert in the field of
				accessibility.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20ER23 - EMERGENCY RULE FOR YEAR 2023 › Section 61G20ER23-3 - Effective Date for Building Sewer and Drain Rehabilitation Requirements

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding the Florida Building Code, the provisions of
				  section 718, Florida Building Code, Plumbing, 8th
				  Edition (2023), are not in effect during the period of time that this emergency
				  rule is in effect.
Rulemaking Authority
					 553.73,
					 553.76 FS. Law Implemented
					 553.73,
					 553.76
					 FS.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20ER24 - EMERGENCY RULE FOR YEAR 2024 › Section 61G20ER24-1 - Effective Date for Building Sewer and Drain Rehabilitation Requirements

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding the Florida Building Code, the provisions of
				  section 718, Florida Building Code, Plumbing, 8th
				  Edition (2023), are not in effect during the period of time that this emergency
				  rule is in effect.
Rulemaking Authority
					 553.73,
					 553.76 FS. Law Implemented
					 553.73,
					 553.76
					 FS.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-19 - PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC › Section 61H1-19.006 - Attendance at Board Meetings, Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
(1) Board members shall attend all regularly
				scheduled Board meetings unless prevented from doing so by reason of the
				illness of the Board member or a member of the Board member's family, death of
				a member of the Board member's immediate family, or natural disaster.
(2) No Board member may be absent from three
				consecutive regularly scheduled Board meetings unless the absence is excused
				for one of the reasons stated in subsection (1) of this rule. An absence for
				any reason other than the reasons stated in subsection (1) constitutes an
				unexcused absence for the purpose of declaring a vacancy of the Board. An
				otherwise excused absence is not excused if the Board member fails to notify
				the Board office of the impending absence prior to the regularly scheduled
				Board meeting at which the absence will occur or unless the failure to notify
				the Board office is the result of circumstances surrounding the reason for the
				absence which the Board itself excuses after the absence has
				occurred.
(3) "Family" consists of
				immediate family, nieces, nephews, cousins, and in-laws.
(4) "Immediate family" consists of spouse,
				child, parents, parents-in-law, siblings, grandchildren, and
				grandparents.
Specific Authority
					 455.207(3),
					 473.304 FS. Law Implemented
					 455.207(3)
					 FS.
New 9-30-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-19 - PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC › Section 61H1-19.007 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination whether probable cause exists to believe that a violation of any
				of the provisions of Chapters 455 and 473, F.S., or the rules promulgated
				pursuant thereto has occurred, shall be made by a majority vote of a probable
				cause panel of the Board.
(2) The
				probable cause panel shall be composed of at least three (3) members. Any panel
				so appointed must contain at least one present Board member and at least one
				present or former Board member who is a Certified Public Accountant. Any former
				Board member appointed to a panel must hold an active, valid license to
				practice. In addition, a former or present consumer member must serve on the
				panel if a consumer member is available, willing to serve, and appointed by the
				Chairman.
(3) The probable cause
				panel shall be selected by the Chairman, one of whom shall be designated by the
				Chairman as presiding officer of the panel.
(4) The probable cause panel shall meet at
				such times as called by the presiding officer of the panel.
(5) The Chairman, at his discretion, shall,
				as needed, appoint multiple probable cause panels which panels shall be
				constituted as set forth in subsection (2), above.
Rulemaking Authority
					 455.225,
					 473.304 FS. Law Implemented
					 455.225
					 FS.
New 12-4-79, Formerly 21A-19.07, Amended 12-2-92, Formerly
					 21A-19.007, Amended 7-14-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-19 - PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC › Section 61H1-19.008 - Committees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 473.304 FS. Law Implemented
					 120.53,
					 20.30(5)
					 FS.
New 2-3-81, Formerly 21A-19.08, Amended 12-2-92, Formerly
					 21A-19.008, Repealed 4-14-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-19 - PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC › Section 61H1-19.009 - Other Board Business for Which Compensation Is Allowed (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 455.207 Law Implemented
					 455.207
New 11-2-81, Formerly 21A-19.09, 21A-19.009, Amended
					 1-11-95, Repealed 3-7-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-19 - PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC › Section 61H1-19.010 - Criteria for Investigators and Consultants

Current through Reg. 50, No. 138; July 16, 2024
Except for investigation of non-technical matters, all
				  investigators and consultants hired by the Department who undertake the
				  investigation of certified public accountants shall be active Florida certified
				  public accountants with a minimum of five (5) years of active licensure in the
				  area of public accountancy. Non-technical matters are defined as those not
				  encompassing the technical proficiency of a certified public accountant in the
				  practice of public accountancy.
Rulemaking Authority
					 455.203(6) FS.
					 Law Implemented 455.203(8)
					 FS.
New 11-2-81, Formerly 21A-19.10, 21A-19.010, Amended
					 10-26-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.002 - Attest as an Expert in Accountancy to the Reliability or Fairness of Presentation or "Expression of Opinion."

Current through Reg. 50, No. 138; July 16, 2024
The terms "attest as an expert in accountancy to the
				  reliability or fairness of presentation" and "expression of opinion" shall be
				  deemed and construed to mean any report, transmittal letter or other written
				  communication issued as a result of an examination or review of financial
				  statements or financial information which contains either an expression of
				  opinion or other assurance as to the fairness, accuracy or reliability of such
				  financial statements within the meaning of generally accepted auditing
				  standards or standards for accounting and review services. A report issued in
				  connection with a review of financial statements is an "expression of opinion."
				  Statements, affidavits or signatures of preparers required on tax returns and
				  reports issued in connection with a compilation of financial statements are not
				  "expressions of opinion," but compilations do provide a level of
				  assurance.
Rulemaking Authority
					 473.304,
					 473.315 FS. Law Implemented
					 473.315,
					 473.322
					 FS.
New 12-4-79, Amended 2-3-81, Formerly 21A-20.02,
					 21A-20.002, Amended 1-11-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.003 - Client (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 473.304 FS. Law Implemented
					 473.316
					 FS.
New 12-4-79, Formerly 21A-20.03, 21A-20.003, Amended
					 9-21-10, Repealed 3-13-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.004 - Enterprise

Current through Reg. 50, No. 138; July 16, 2024
"Enterprise" shall be deemed and construed to mean any
				  person(s) or entity, whether organized for profit or not, for which a certified
				  public accountant or firm provides public accounting
				  services.
Rulemaking Authority
					 473.304,
					 473.315 FS. Law Implemented
					 473.315
					 FS.
New 12-4-79, Formerly 21A-20.04, 21A-20.004, Amended
					 9-21-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.005 - Financial Statements

Current through Reg. 50, No. 138; July 16, 2024
"Financial Statements" shall be deemed and construed to mean
				  a presentation of financial data, including accompanying notes, derived from
				  accounting records that purports to show actual or anticipated financial
				  position and intended to communicate an entity's economic resources or
				  obligations at a point in time, and the results of operations and cash flows
				  for a period of time, in accordance with generally accepted accounting
				  principles or a comprehensive basis of accounting other than generally accepted
				  accounting principles. Financial presentations included in tax returns are not
				  financial statements. The method of preparation (for example, manual or
				  computer preparation) is not relevant to the definition of a financial
				  statement.
Rulemaking Authority
					 473.304,
					 473.315 FS. Law Implemented
					 473.315
					 FS.
New 12-4-79, Amended 2-3-81, Formerly 21A-20.05, Amended
					 3-22-89, 12-2-92, Formerly 21A-20.005.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.0051 - Assembled Financial Statements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 473.304,
					 473.315 FS. Law Implemented
					 473.302,
					 473.322
					 FS.
New 10-28-98, Amended 9-21-10, Repealed
					 4-22-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61H1 - Board of Accountancy › Chapter 61H1-20 - DEFINITIONS › Section 61H1-20.0052 - Offer to Perform or Perform Services Involving Assembled Financial Statements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 473.304,
					 473.315 FS. Law Implemented
					 473.302,
					 473.322
					 FS.
New 10-28-98, Amended 9-21-10, Repealed
					 4-22-19.