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

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Building Commission

RULE NO.:RULE TITLE:
61G20-3.015Equivalence of Standards
PURPOSE AND EFFECT: To review standards for equivalence in the Florida Building Code and, if appropriate, authorize the use of evaluations 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 avoids unnecessary expense and delay associated with testing under a new standard when the existing data indicates 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 AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
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.
RULEMAKING AUTHORITY: 553.77(1)(i), 553.842(1) FS.
LAW IMPLEMENTED: 553.842(1), (2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager, Department of Business and Professional Regulation, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]
 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

61G20-3.015 Equivalence of Standards is revised to read as follows:

(1) through (3) No change.

(4) Standards which meet or exceed standards referenced by 2010 edition of the Code and recognized as equivalent for determining Code Compliance are:

(a) ASTM E 1996-05 Standard Specification for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective Systems Impacted by windborne Debris in Hurricanes equivalent to ASTM E 1996-02.

(b) ASTM E 1996 – 05 Standard Specification for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective Systems Impacted by windborne Debris in Hurricanes equivalent to ASTM E 1996-06 with respect to protective devices, with the exclusion of mullions.

(5)(4) 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.

(6)(5) 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 61G20-3.008, 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.

(7)(6) 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.

Rulemaking 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, 5-13-09, Formerly 9B-72.180 Formerly 9N-3.015, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Building Commission
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2012