9B-72.010: Definitions
9B-72.070: Product Evaluation and Quality Assurance for State Approval
9B-72.080: Product Validation by Approved Validation Entity for State Approval
9B-72.100: Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies
9B-72.130: Forms
PURPOSE AND EFFECT: To review and revise the rule in light of legislative change, experience with the system, and the efforts of the Product Approval Validation Workgroup. Please note that the Commission determined that a workshop pertaining to this rule is unnecessary because the language below results from a prior rulemaking proceeding involving multiple workshops and adoption hearings and from which the Commission withdrew because of the expiration of time for publication of a Notice of Change. The Commission will accept the record of the prior proceeding, for which Notices of Propose Rule development appeared on January 12, 2007 and March 9, 2007, at the hearing identified below.
SUMMARY: The rule specifically fabric storm panels as within the scope of the rule; designates requirements for products subject to testing standards and subject to rational analysis; specifies information required in relation to installation instructions for windows; defines and delineates administrative and technical validation of information submitted in support of an application for approval of a product by the Commission, specifies a schedule of sanctions to be imposed by the Commission against validators that violate this rule, eliminates the authorization for testing laboratories to serve as validators; and adopts, by reference, updated validation checklists.
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: 553.842(1), (5)-(7), (14) FS.
LAW IMPLEMENTED: 553.842(1), (5)-(7), (8), (14) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 29, 2008, 2:30 p.m., or as soon thereafter as the matter comes before the Commission in accordance with its agenda.
PLACE: The Rennaisance Resort, World Golf Village, 500 S. Legacy Trail, St. Augustine, Florida 32092
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: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824. 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, Tallahassee, Florida 32399-2100, (850)487-1824
THE FULL TEXT OF THE PROPOSED RULE IS:
9B-72.010 Definitions.
(1) through (30) No change.
(31) Subcategory of product or construction system means a specific functionality:
(a) through (d) No change.
(e) For shutters: accordion, Bahama, storm panels, fabric storm panel, colonial, roll-up, pre-engineered equipment, protection, and products introduced as a result of new technology;
(f) through (g) No change.
(32) through (35) No change.
Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06,________.
9B-72.070 Product Evaluation and Quality Assurance for State Approval.
(1)(a) through (f) No change.
(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.
(2) through (4)(d) No change.
(e) Installation requirements. Installation instructions including attachments shall be developed by an evaluation entity, test lab or by the manufacturer’s licensed design professional. Exception: Installation instructions for windows including attachment, at minimum shall include the following:
1. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;
2. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;
3. Spacing of anchors, shims, accessory items and straps; and
4. Illustrated diagrams of the attachment of the product to the structure.
(f) through (h) No change.
(5)(a) through (d) No change.
(e) Installation requirements. Exception: Installation instructions for windows including attachment at minimum shall include the following:
1. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;
2. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;
3. Spacing of anchors, shims, accessory items and straps; and
4. Illustrated diagrams of the attachment of the product to the structure.
(f) No change.
(6) through (7) No change.
Specific Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06,________.
9B-72.080 Product Validation by Approved Validation Entity for State Approval.
(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 an approved validation entities through the following steps:
(a)(1) Verification that the certification, testing, evaluation and quality assurance requirements established by Rule 9B-72.070, F.A.C., are met and that all documentation is in order.
(b)(2) Validation of the method of compliance using the validation checklist in subsection 9B-72.130(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)(3) Certification to the Commission that the documentation submitted for the product indicates the product complies with the Code.
(d)(4) 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 absent compliance with this section.
(2) Technical Validation.
(a) Technical Validation of an Evaluation Report: Validation of compliance with the Code using an evaluation report from an approved evaluation entity that is not an independent third-party from the manufacturer shall be performed by an approved validation entity using the validation steps of the Administrative Validation and the following steps:
1. Determination that the evaluator has complied with acceptable standards of engineering principles.
2. Engineering verification that the evaluation complies with the Code.
3. Copy of the application complying with all aspects of Chapter 61G15-36, F.A.C., must be filed with the Commission.
(b) Technical Validation of a Test Report: Validation of compliance with the Code using a test report from an approved test lab shall be performed by an approved validation entity using the validation steps of the Administrative Validation and the following steps:
1. Verify that the reported data demonstrates compliance with the Florida Building Code, and
2. Verify that the correct test was performed.
(c) Technical Validation of Installation Instructions including attachments: Installation instructions including attachments developed by an entity that is not an independent third-party from the manufacturer shall be performed by an approved validation entity using the validation steps 1 through 3 of item 2(a) above.
Exception: Technical validation is not required if the installation instruction including attachments are verified by the product certification agency or the product evaluation entity.
(3) Approved Validation entities must retain all documentation of the product applications (test reports, calculations, samples, etc.) as required by
(4) Violations and Penalties for Validation Entities. In imposing disciplinary penalties upon an approved Validation entity, the following guidelines shall be used by the Commission in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this Rule.
(a) Violation of subparagraph 9B-72.160(2)(a)6., F.A.C. Validator has misrepresented his accreditations or other material information on his application for approval for which the Commission shall impose a minimum sanction of a $5,000 fine and revocation and a maximum penalty of $10,000 fine and revocation.
(b) Violation of subsection 9B-72.100(2), F.A.C. Validating outside the scope of accreditation for which the Commission shall impose a minimum sanction of a $5,000 fine and revocation a maximum sanction of a $10,000 fine and revocation.
(c) Violation of subsection 9B-72.080(1) or (2) or (3) F.A.C. Verifying, validating or certifying by using fraud, deceit, misleading, or untrue representations of items on validation checklist set forth in subsection 9B-72.130(3), F.A.C., for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
(d) Violation of subsection 9B-72.080(1) or (2) or (3) F.A.C. Failure to sign and seal hard copy of the Validation Checklist and provide it to the Program System Administrator prior to the Commission meeting when the validation entity is a Florida Registered Architect or Professional Engineer for which the Commission shall impose a minimum sanction of a $500 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $5,000 fine and revocation.
(e) Violation of subsection 9B-72.080(1) or (2) or (3), F.A.C. Failure by the validation entity to retain all documentation of the product applications, including, but not limited to test reports, calculations, and samples, as required by Florida statutes or as long as the products are approved, based on their validation, whichever is longer for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
(f) Violation of subparagraph 9B-72.160(2)(a)1. or 2., F.A.C. Validating while license and or accreditation is not current for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
(g) Violation of subparagraph 9B-72.160(2)(a)3., F.A.C. Determination that any provision of Chapter 9B-72, F.A.C., not specifically identified in this rule has been violated for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
(h) Violation of subparagraph 9B-72.160(2)(a)4., F.A.C. Determination that the criteria for independence from any manufacturer set forth in Rule 9B-72.110, F.A.C., has been violated for which the Commission shall impose a minimum sanction of a $2,500 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
(i) Violation of subparagraph 9B-72.160(2)(a)7., F.A.C. Failure to cooperate with investigations authorized by Rule 9B-72.170, F.A.C., for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation.
Specific Authority 553.842(1), (7) FS. Law Implemented 553.842(1), (7) FS. History–New 5-5-02, Amended 11-22-06,________.
9B-72.100 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.
(1) No change.
(2) Approved Validation Entities.
(a) An entity shall be approved by the Commission as a validation entity if it is a Commission approved evaluation entity, testing laboratory or certification agency, and it certifies to the Commission compliance with standards established by the Code or intent of the Code. Architects and engineers licensed in this Sstate are also approved to conduct validation for the state approval. Testing Laboratories are not allowed to conduct validations. Validation by an approved testing laboratory acting as a validation entity shall be limited to the scope for which they are accredited.
(b) through (c) No change.
(3) through (6) No change.
Specific Authority 553.842(9) FS. Law Implemented 553.842(9) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06.________.
9B-72.130 Forms.
(1) through (2) No change.
(3) Validation Checklists for State Approval, Form No. 9B-72.130(3), upated January 15, 2007 September 4, 2003 (electronic version):
(a) Form 9B-72.130(3)(a) Validation checklist for certification method;
(b) Form 9B-72.130(3)(b) Validation checklist for test report method;
(c) Form 9B-72.130(3)(c) Validation checklist for evaluation report from an architect or engineer;
(d) Form 9B-72.130(3)(d) Evaluation report from an evaluation entity.
Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06,________.