9B-1.003. Administration and Department Responsibilities (Transferred)  

Effective on Sunday, September 13, 2009
  • 1(1) Forms – The following forms are hereby adopted by reference for use in administering this part.

    18(a) 19FMBP 1-00 Manufacturer 22Application for State Approval, effective 2710/1/05;

    28(b) 29FMBP 2-00 Agency Application for State Approval, 36effective 3710/1/05;

    38(c) 39FMBP PS-1-00 41School District Application, effective 4510/1/05;

    46(d) FMBP 4-00 Agency Renewal Form, effective 10/1/05;

    54(2) Certification – The Department shall certify manufacturers and 63A64gencies in accordance with this rule chapter. Certifications shall be for a period of three years from the date of initial certification. All certifications, licenses and approvals granted by the Department pursuant to Rule Chapter 9B-1, F.A.C., are subject to revocation for failure to adhere to Rule Chapter 9B-1, F.A.C., the codes and standards adopted herein, or Chapter 553, F.S. Proceedings against certifications, insignia and approvals shall be in accordance with Section 136120.60, F.S.

    138(3) Monitoring – The Department, through its employees or its designated performance auditors, shall monitor the performance of 156A157gencies and manufacturers. Each certified manufacturer and each certified 166A167gency shall be subject to a performance audit at a minimum of once every three years. Unannounced visits to offices and manufacturing facilities shall be utilized unless impractical based upon the nature of the business to be monitored. Information obtained through monitoring shall remain confidential to the extent permitted by law. Agencies and manufacturers shall provide the auditor access to records, facilities and personnel as requested by the auditor. The auditor shall collect information through interviews, examination of documents and observation of activity to determine whether the manufacturer or 256A257gency complies with the codes and standards adopted herein and this chapter. Any determination of nonconformance with any applicable provision shall be reported to the Department and the manufacturer or 287A288gency or both the 292A293gency and the manufacturer. The report shall identify the facts that support the finding of nonconformity and recommend corrective action. The Department shall determine the appropriate corrective action subject to the requirements of Section 327120.60, F.S.

    329(4) Testing and Evaluations of Products – Shall be in accordance with the Florida Building Code, 345Chapter 3469B-72, F.A.C. 348or Section 553.825, F.S.

    352Rulemaking 353Authority 354553.37(1), 355(2) FS. Law Implemented 359553.37(1), 360(2), 361553.381 FS. 363History–New 1-17-72, Amended 2-23-75, 3-1-80, 11-1-84, Formerly 9B-1.03, Amended 1-1-87, 1-1-89, 3-1-92, 3376-1-95, 9-7-00, 9-13-01, 7-16-03, 5-13-07, 3819-13-09.

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