The purpose and effect of the proposed rule is to comply with Ch. 2013-193, Laws of Florida, that directed the Florida Building Commission to expand the Department’s scope of product approval to include applications for product approval using ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-3.007Product Approval by the Commission

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to comply with Ch. 2013-193, Laws of Florida, that directed the Florida Building Commission to expand the Department’s scope of product approval to include applications for product approval using product evaluation reports for evaluation entities other than those from licensed engineers or architect, and to revise the payment screen of the on-line product and entity approval applications to correlate with the changes to the administration function of the State Product Approval Program.

SUMMARY: As mandated by law, the proposed rule allows applications for product approval using product evaluation reports to be considered and approved by the Department under the expedited ten (10) days review process. In addition, the proposed rule collapses the current split payment screen for the on-line product and entity approval applications into one payment screen providing payment to the Department as the product approval administrator without any change to the application fees.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

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: 553.842(1) FS.

LAW IMPLEMENTED: 553.842 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, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-3.007 Product Approval by the Commission.

(1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following steps:

(a) through (b) No change.

(c) With exception to product applications submitted pursuant to paragraph 61G20-3.005(1)(a), or paragraph 61G20-3.005(1)(c), F.A.C., upon Commission acceptance of the required documentation pursuant to Rule 61G20-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 61G20-3.006, F.A.C., the Commission may approve the product for use statewide in accordance with its approval and limitations of use unless credible evidence is provided questioning the validity of the documentation submitted in support of the application for approval.

(d) Product Application that rely upon a product certification mark or listing from an approved certification agency or an evaluation report from an approved evaluation entity shall be approved for use statewide in accordance with its approval and limitations of use to demonstrate compliance with the Code as follows:

1. An application of a product submitted for state acceptance pursuant to paragraph 61G20-3.005(1)(a), or paragraph 61G20-3.005(1)(c), F.A.C., shall be approved by the Department after the Program System Administrator (the “Administrator”) verifies that the application and required documentation as per Rule 61G20-3.006, F.A.C., are complete.

2. through 4. No change.

(e) through (h) No change.

(2) through (3) No change.

Rulemaking Authority 553.77(1)(i), 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 10-28-09, Formerly 9B-72.090, Amended 7-14-11, Formerly 9N-3.007, 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: December 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 29, 2013