69A-60.012. Purpose, Criteria and Procedures for Designation as an Approved Nationally Recognized Testing Laboratory in Florida for Firesafety Purposes.

(1) The purpose of this rule is to determine whether a laboratory is nationally recognized in accordance with the following provision:

(a) Section 633.306, F.S., pertaining to fire suppression equipment;

(b) Section 633.308, F.S., pertaining to fire extinguishers;

(c) Section 633.314, F.S., pertaining to certain types of fire extinguishers;

(d) Section 633.334, F.S., pertaining to fire protection systems, and

(e) Section 633.348, F.S., pertaining to alarm systems,

(2) Criteria for Determination of Designation.

(a) Documentation that the applicant is designated as a Nationally Recognized Testing Laboratory by the U.S. Department of Labor, and the purpose or purposes for which it was recognized; or, in the alternative,

(b) Documentation that the applicant is eligible for recognition as a Nationally Recognized Testing Laboratory by the U.S. Department of Labor, and the purpose or purposes for which Florida designation is sought in accordance with subsection (1) above.

(3) Application Procedure.

(a) An applicant that is currently recognized by the United States Department of Labor as a Nationally Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS-K3-1791 (effective 9/12/07), “Application for Recognition as Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm.

(b) An applicant that is not currently recognized by the United States Department of Labor as a Nationally Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS-K3-1792 (effective 9/12/07), “Application for Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm, and shall include all of the information and material requested thereon.

(c) The Division of State Fire Marshal shall review the application for completeness and request additional information that was either not provided or is necessary to make a determination.

(d) When the application is deemed complete, the Division of State Fire Marshal shall either approve or deny the application.

(e) If the application is approved, the Division of State Fire Marshal shall issue a certificate to the applicant evidencing its designation as a Nationally Recognized Testing Laboratory qualified in Florida, and the purposes to which the designation is limited. The designation may be for any of the purposes set forth in subsection (1) above, as approved by the Division of State Fire Marshal, but only for those purposes.

(f) If the application is denied, the applicant shall be notified in writing, together with the reasons for denial and rights under Chapter 120, F.S.

(g) An application that is approved in part but denied for one or more requested purposes shall be treated procedurally as a denied application.

(4) Material Changes. Any testing laboratory designated in Florida as “nationally recognized” for one or more of the purposes in the statutes listed in subsection (1) above:

(a) Will be subject to ongoing verification that it continues to meet the Florida designation criteria, and

(b) Shall notify the Division of State Fire Marshal within 30 days of the occurrence of any of the following:

1. A change in the company name or the company address;

2. A change in any major test equipment;

3. The establishment of a new branch office or facility at which items are to be tested;

4. A change in principal officers, key supervisory personnel or key testing personnel in the company.

Rulemaking Authority 633.306, 633.308, 633.314, 633.334, 633.348 FS. Law Implemented 633.306, 633.308, 633.314, 633.334, 633.348 FS. History–New 8-20-07.