9B-72.090: Product Approval by the Commission
PURPOSE AND EFFECT: To address the availability and conditions of self certification of compliance with an updated version of the Florida Building Code when documentation supporting a product approval to a preceding edition of the Code specifically refers to that earlier edition.
SUMMARY: The Commission previously provided a means by which a manufacturer could self-affirm compliance with a new edition of the building code for purposes of renewing an approval by the Commission in the event that there were no changes from the previous edition that impacted the substance of the approval. In many circumstances, however, the evaluation submitted in support of the initial approval generally referred to the preceding code edition rather than a particular provision or standard. The rule is amended to insure that there is adequate review of the information to assure accuracy of the affirmation and to address the potential for violation of law pertaining to licensure of those performing engineering services in the State.
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: 553.77(1)(i), 553.842(1) FS.
LAW IMPLEMENTED: 553.942(1), (2) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 17, 2009, 10:00 a.m. 1:00 p.m.
PLACE: Room 250L, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 AND via communications media technology, specifically a telephone conference call. Please refer to the meeting notice for the Florida Building Commission for call-in information.
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: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824
THE FULL TEXT OF THE PROPOSED RULE IS:
9B-72.090 Product Approval by the Commission.
(1)(a) through (d) No change.
(e) 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 the original evaluation entity necessary to certify 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.
(f) through (g) No change.
(2) through (3) No change.
Specific Authority 553.77(1)(i), 553.842(1) FS. Law Implemented 553.842(1) FS. HistoryNew 5-5-02, Amended 9-4-03, 11-22-06,_________.
