To review standards for equivalence to those referenced in the Florida Building Code and, if appropriate, authorize the use of analysis performed in accordance with the alternative standards for Florida Product Approval.

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

RULE NO: RULE TITLE
9B-72.180: Equivalence of Standards
PURPOSE AND EFFECT: To review standards for equivalence to those referenced in the Florida Building Code and, if appropriate, authorize the use of analysis performed in accordance with the alternative standards for Florida Product Approval.
SUMMARY: Statute permits the Commission to determine the equivalency of standards not specifically adopted within the Building Code for purposes of state product approval. This practice allows avoidance of unnecessary expense and delay imposed by testing to a new edition of a standard despite the fact that the existing data indicates that the product meets or exceeds the requirements thereof. The rule is amended to recognize the equivalency of the standards identified.
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), (16) FS.
LAW IMPLEMENTED: 553.842(1), (2), (16) 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, [phone]. 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, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

9B-72.180 Equivalence of Standards.

(1) through (2) No change.

(3) Standard which meet or exceeds standards referenced by 2007 edition of the Code and recognized as equivalent for determining Code Compliance are:

(a) ANSI/DASMA108-02 Standard Method for Testing Sectional Garage Doors and Rolling Doors: Determination of Structural Performance under Uniform Static Air Pressure Difference equivalent to ANSI/DASMA 108-05;

(b) TPI 1-02 National Design Standards for Metal-Plate-Connected Wood Truss Construction equivalent to TPI 1-07; and

(c) ASTM E 1300-02 Practice for Determining Load Resistance of Glass in Buildings equivalent to ASTME E 1300-04.

(4)(3) Equivalence of product standards for specific product application. Standards which meet or exceed standards referenced by the Code and certified as equivalent for determining code compliance by one of the following entities shall be considered as equivalent by the Commission:

(a) An approved certification agency;

(b) An approved test lab;

(c) An approved evaluation entity;

(d) Florida licensed professional engineer or architect; or

(e) A nationally recognized standard writing organization.

(5)(4) Equivalence of accreditation standards. Where approved evaluation entities and accreditation bodies accredit testing laboratories, certification agencies and quality assurance agencies to standards other than the referenced ISO standards in Rule 9B-72.100, F.A.C., the accrediting body shall certify to the Commission that its standard is equivalent to the ISO standard. Such certification shall contain:

(a) A sworn statement by the officer of the accrediting body; and

(b) A comparison of the accrediting body’s standard to each criteria of the ISO reference standard with an explanation of why it is considered equivalent.

(6)(5) Organizations:

(a) ANSI – American National Standards Institute;

(b) AAMA – American Architectural Manufacturers Association;

(c) ASTM – American Society of Testing and Materials;

(d) DASMA – Door Access Systems Manufacturers Association; and

(e) NWWDA – National Wood Window and Door Association.

Specific Authority 553.842(1), (16) FS. Law Implemented 553.842(2), (16) FS. History–New 5-5-02, Amended 3-9-04, 11-22-06,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 26, 2008