Scope, Definitions, Local Product Approval Generally, Product Evaluation and Quality Assurance for Local Approval, Validation of Evaluation for Local Approval, Product Approval by Local Jurisdiction and Acceptance, Optional Statewide Approval ...

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

RULE NO: RULE TITLE
9B-72.005: Scope
9B-72.010: Definitions
9B-72.030: Local Product Approval Generally
9B-72.040: Product Evaluation and Quality Assurance for Local Approval
9B-72.045: Validation of Evaluation for Local Approval
9B-72.050: Product Approval by Local Jurisdiction and Acceptance
9B-72.060: Optional Statewide Approval Generally
9B-72.070: Product Evaluation and Quality Assurance for Optional Statewide Approval
9B-72.090: Product Approval by the Commission
9B-72.100: Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies
9B-72.110: Criteria for Certification of Independence
9B-72.120: List of Approved Product Evaluation Entities, Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies
9B-72.130: Forms
9B-72.135: Revisions to Product Approvals or Entity Approvals
9B-72.160: Revocation or Modification of Product Approvals and Entity Certifications
9B-72.180: Equivalence of Standards

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 30 No. 26, June 25, 2004 issue of the Florida Administrative Weekly.

9B-72.005 Scope.

(1) Products in the following categories as defined by subcategories of subsection 9B-72.010(31)(29), F.A.C., shall be available for approval either approved by the Commission pursuant to Rule 9B-72.090, F.A.C., for use in the state or approved by local jurisdictions pursuant to Rule 9B-72.050, F.A.C., for use within that jurisdiction and accepted pursuant to Rule 9B-72.050, F.A.C., by the local jurisdiction for use in a specific building:

(a) through (e) No change.

(f) Shutters; and

(g) Structural components; and

(h) Products comprising a building’s envelope introduced as a result of new technology.

(2) This rule applies to approval and acceptance of products and systems, which comprise the building envelope and structural frame, for compliance with the structural and any weathering property requirements of the Florida Building Code.

Specific Authority 553.842(1) FS. Law Implemented 553.842(5)(6) FS. History–New________.

 

9B-72.010 Definitions.

The following terms have the meanings indicated.

(1) through (15) No change.

(16)(a) Evaluation report means a report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity or a licensed Florida professional engineer or architect licensed in this state indicating that the product was evaluated to be in compliance with the Code or the intent of the Code and that the product complies with the Code or is, for the purpose intended, at least equivalent to that required by the Code.

(b) Legacy report means an evaluation report that was originally issued by the National Evaluation Service (NES), Building Official Council of America Evaluation Services (BOCA ES), International Council of Building Officials Evaluation Service (ICBO ES), or Southern Building Code Congress International Incorporated Public Safety Testing and Evaluation Services (SBCCI PST & ES), and that was in good standing at the time these organizations came together to form the International Code Council Evaluation Services (ICC ES); or an evaluation report issued as a result of an application received by one of the above-noted organizations prior to March 1, 2003, with the application being approved by March 1, 2004.

(17) through (22) No change.

(23) Product Approval:

(a) Local product approval means an approval of the product, method or system of construction for local use after an appropriate review, performed by the building official or designee pursuant to Rule 9B-72.050, F.A.C. The review shall verify that either the requirements pursuant to Rules 9B-72.045 and 9B-72.040, F.A.C., have been met or the product, method or system of construction has statewide approval pursuant to Rule 9B-72.070, F.A.C., indicates the product, method or system of construction is suitable for use in the location and project where it is proposed to be used. The issuance of a certificate of occupancy indicates acceptance, pursuant to Rule 9B-72.050, F.A.C., of products used in the building as complying with requirements of the Florida Building Code. Approval may be by inspection of the certification marks of approved certification agencies.

(b) State product approval means the approval of a product, or system of construction by the Commission for acceptance of a product on a state or regional basis consistent with an evaluation conducted pursuant to Rule 9B-72.070, F.A.C.

(24) Product Model means a method of identification of products that is more specific than its subcategory or individual units as utilized in the field.

(25) Program System Administrator means a public or private entity qualified to review product approval and product entity documentation for compliance with this Rule.

(26)(24) Rational analysis means a standardized or non‑standardized method by which a Florida Registered Architect or a licensed Florida Professional Engineer or approved evaluation entity uses mathematical or scientific analysis to evaluate the product behavior and to demonstrate that the product evaluated complies with the code for which the evaluation or engineering report is issued. Rational analysis shall be performed in accordance with well‑established principles of mechanics and sound engineering practices.

(27)(25) No change.

(28)(26) No change.

(29)(27) No change.

(30)(28) Structural component means any part or assembly of a buildings that comprises the main wind force resisting system and components or cladding the envelope or structural frame.

(31)(29) Sub-category of product or construction system means a specific functionality:

(a) For exterior door: 1. exterior door assemblies: roll-up, sectional, sliding, swinging, automatic; pre-engineered roof access hatches; and products introduced as a result of new technology, 2. exterior door components and products introduced as a result of new technology;

(b) For windows: awning, casement, dual action, double hung, single hung, fixed, horizontal slider, projected, pass through, mullions, and products introduced as a result of new technology wind breaker;

(c) For panel walls: siding, soffits, exterior insulation finish system (EIFS), storefronts, curtain walls, wall louver, glass block, and products introduced as a result of new technology;

(d) For roofing products: built up roofing, modified bitumen roof system, single ply roof systems, spray applied polyurethane roof system, roofing fasteners, roofing insulation, asphalt shingles, wood shingles and shakes, roofing slate, roof tile adhesives, cements-adhesives-coatings, liquid applied roof systems, underlayments, non-structural metal roofing, roofing tiles, waterproofing, roofing accessories that are an integral part of the roofing system and products introduced as a result of new technology;

(e) For shutters: accordion, Bahama, storm panels, colonial, roll-up, pre-engineered equipments protection, and products introduced as a result of new technology;

(f) For skylights: skylight, and products introduced as a result of new technology; and

(g) For structural components: truss plates, wood connectors, anchors, exterior coolers-freezers, insulation forms systems, engineered lumber, pre-engineered air conditioner stands, structural wall components, and roof deck-roof, and products introduced as a result of new technology railing.

(32)(30) No change.

(33)(31) No change.

(34)(32) No change.

(35)(33) Validation means determination of compliance pursuant to Rule 9B-72.045, F.A.C., for local approval and Rule 9B-72.080, F.A.C., for state approval.

Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03,________.

 

9B‑72.030 Exceptions Local Product Approval Generally.

Products listed in Rule 9B‑72.005, F.A.C., and revisions to an existing product approval shall be approved according to the provisions of this rule.

(1) Preive. Products that have preive specification standards and are manufactured under quality assurance procedures as specified in the Code will be deemed approved. Products, materials and systems of construction specifically addressed in the Code through standard specifications shall have third party quality assurance and shall be approved through building plans review or inspection. Determination of third party quality assurance and compliance with the specification standard may be by inspection of listings, labels, other demonstration of compliance authorized by this rule or other demonstration of compliance acceptable to the building official. Such products shall include but not be limited to the following:

(a) Structural components covered by United States Department of Commerce Product Standards; and

(b) Structural components comprised of products that are assembled or placed in the field and are subject to standardized field testing procedures contained within nationally recognized standards adopted within the Code may demonstrate compliance by a batch ticket or bill of lading made available at the site of assembly or placement; and

(c) Custom (one of a kind) pre-engineered buildings.

(2) Performance. Products, methods and systems of construction specifically addressed in the code through performance criteria shall demonstrate compliance pursuant to Rule 9B‑72.070040, F.A.C., and shall be approved pursuant to Rule 9B‑72.090050, F.A.C.

Specific Authority 553.842(1) FS. Law Implemented 553.842(5), (7) (6), (8) FS. History–New 5‑5‑02, Amended 9‑4‑03, ________.

 

9B‑72.040 Product Performance Evaluation and Quality Assurance for Local Approval.

Specific Authority 553.842(1) FS. Law Implemented 553.842(5), (6), (8) FS. History–New 5‑5‑02, Amended 9‑4‑03, Repealed ________.

 

9B‑72.045 Validation of Performance Evaluation for Local Approval.

Specific Authority 553.842(1) FS. Law Implemented 553.842(5), (6), (8) FS. History–New 5‑5‑02, Amended 9‑4‑03, Repealed ________.

 

9B‑72.050 Approval by Local Jurisdictions and Acceptance of Products with Performance Criteria and Products with Standard Specifications.

Specific Authority 553.842(1) FS. Law Implemented 553.842(8) FS. History–New 5‑5‑02, Amended 9‑4‑03, Repealed ________.

 

9B-72.060 State Approval Generally.

Statewide approval of products listed in Rule 9B‑72.005, F.A.C., and not covered by subsection 9B‑72.030(1), F.A.C., or revisions to existing statewide product approvals requires evaluation of product compliance with the Code by a method listed in Rule 9B‑72.070, F.A.C., validation of the evaluation as required by Rule 9B‑72.080, F.A.C., and approval per Rule 9B‑72.090, F.A.C. Validation of compliance with the Code shall be performed by approved Validation Entities. Approval shall be performed by the Commission. All products used in construction covered by the Code shall comply with the provisions or standards contained therein or with the intent of the Code.

Specific Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 5‑5‑02, Amended 9‑4‑03, ________.

 

9B‑72.070 Product Evaluation and Quality Assurance for State Approval.

(1) through (c) No change.

(d) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer developed and signed and sealed, based upon standard tests or standard comparative or rational analysis, or a combination thereof and indicates that the product was evaluated to be in compliance with the Code and that the product is, for the purpose intended, at least equivalent to that required by the Code.

(e) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code.

(f) A legacy report from a nationally recognized model code organization may be used if the report demonstrates compliance with the code.

(2) through (a) No change.

(b) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer based on testing or comparative or rational analysis or combination thereof, which provides verifiable documentation indicating the product complies with the intent of the Code.

(c) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code.

(d) A legacy report from a nationally recognized model code organization may be used if the report demonstrates compliance with the code.

(3) No change.

(4) Evaluation Report and Test Report Documentation Requirements. All reports and documentation required in subsections 9B‑72.070(1) and (2), F.A.C., shall contain the information listed below. Design drawings submitted for permitting purposes are not to be construed to be an evaluation report and do not require this information. When the Code requires a standard test as a component of a product approval using the evaluation methods, the test lab must be accredited by an approved accreditation body for the test performed. The entity issuing the evaluation report or certification is responsible to ensure that the test lab is accredited.

(a) through (b) No change.

(c) Complete dDeion of the product including all drawings, manufacturer’s product designations and materials, except materials specifications identified as proprietary, construction method or building system.

(d) Technical documentation, including all substantiating data, supporting the compliance statement. Substantiating data shall include all test reports and calculations which may be referenced within the evaluation report; and

(e) Installation requirements. Installation instructions including attachments shall be developed by an evaluation entity, test lab or by the manufacturer’s licensed design professional.

(f) through (5)(d) No change.

(e) Installation requirements; and

(f) Agency certificate designating product certification.

(6) Review and verification of installation instructions required under paragraph 9B-72.070(4)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System on the Internet, www.floridabuilding.org, they shall be reviewed or verified by the evaluation entity, test lab, the architect or engineer of record, or by a manufacturer’s licensed design professional.

(7) Review and verification of installation instructions required under paragraph 9B-72.070(5)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System on the Internet, www.floridabuilding.org, they shall be reviewed or verified by the certification agency or by a manufacturer’s licensed design professional.

Specific Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 5‑5‑02, Amended 9‑4‑03, ________.

 

9B-72.090 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) A product manufacturer or owner of a proprietary system or method of construction, or its designee (applicant) shall apply to the Commission for approval by filing an application in accordance with subsection 9B‑72.130(2), F.A.C., validated in accordance with Rule 9B‑72.080, F.A.C., and submitting fees pursuant to subsection 9B‑72.090(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

(b) No change.

(c) Upon Commission acceptance of the required documentation pursuant to Rule 9B‑72.070, F.A.C., and validation of compliance with the Code pursuant to Rule 9B‑72.080, 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 questing the validity of the documentation submitted in support of the application for approval.

(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. Self-affirmation is subject to review and verification by the Program System Administrator Product approval is void if the manufacturer fails to renew as required in paragraph 9B‑72.090(2)(a), F.A.C.

(f) through (g) No change.

(2) Fees for state approval of products.

(a) Fee for approval, Three Hundred Dollars ($300.00) per sub category of product with renewal every two years. Renewal fee shall be $50.00. The Commission shall review annually and adjust fees accordingly;

(b) No change.

(c) Fees for approval of evaluation entities, certification agencies, testing laboratories and validation entities; for first time approval, Five Hundred Dollars ($500.00), annual renewal fee, One Hundred Dollars ($100.00), revision fee, One Hundred Dollars ($100.00).

(d) Fee for revision of an existing approval, Three Hundred Fifty Dollars ($300 50.00) for a revision that results in a material change to the performance of a product or product design specification or both, and which may include addition of products within the same subcategory per product or entity approval revision.

(e) Fee for editorial revisions of an existing product approval that does not result in material change to the performance of a product or product design specification or both, One Hundred Dollars ($100.00).

(f) Fee for affirmation of an existing product approval for compliance with a new edition of the standards adopted by the Code, Fifty Dollars ($50.00).

(3) Applications, affirmations, and revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

Specific Authority 553.77(1)(I), 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5‑5‑02, Amended 9‑4‑03,________.

 

9B‑72.100 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

(1) through (2)(a) No change.

(b) An entity may be approved as a validation entity after applying to the Commission for approval. Applications must be submitted in accordance with subsections 9B‑72.130(1) and 9B‑72.090(3), F.A.C., including a Certificate of Independence in accordance with Rule 9B‑72.110, F.A.C., and fees submitted pursuant to subsection 9B‑72.090(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

(c) through (5)(a)3. No change.

(b) Quality assurance agencies shall apply to the Commission for approval by filing an application in accordance with subsections 9B‑72.130(1) and 9B‑72.090(3), F.A.C., including a Certificate of Independence in accordance with Rule 9B‑72.110, F.A.C., and submitting fees pursuant to subsection 9B‑72.090(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

(c) through (d) No change.

(e) Commission approved certification agencies are also approved as quality assurance entities for the products covered by their certification program.

(6) through (d) No change.

Specific Authority 553.842(6)(9) FS. Law Implemented 553.842(6)(9) FS. History–New 5‑5‑02, Amended 9‑4‑03, ________.

 

9B‑72.110 Criteria for Certification of Independence.

A certification of independence shall be provided by a Florida registered architect or licensed professional engineer as applicable or by an officer of the entity, agency or laboratory who is responsible for operation of said entity, agency or laboratory that attests to the following:

(1) through (2) No change.

(3) The Florida registered architect or licensed professional engineer performing an evaluation does not have nor will acquire, a financial interest in any company manufacturing or distributing products for which the reports are being issued.

(4) The Florida registered architect or licensed professional engineer performing an evaluation does not have, nor will acquire, a financial interest in any other entity involved in the approval process of the product.

Specific Authority 553.842(1) FS. Law Implemented 553.842(1), (8)(9) FS. History–New 5‑5‑02, Amended ________.

 

9B‑72.120 List of Approved Product Evaluation Entities, Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

The Commission shall make available a current list of approved product evaluation entities, testing laboratories, certification agencies, quality assurance agencies and accreditation bodies on its website, the Building Codes Information System, www.floridabuilding.org.

Specific Authority 553.842(13)(14) FS. Law Implemented 553.842(13)(14) FS. History–New 5‑5‑02, Amended ________.

 

9B‑72.130 Forms.

The following forms are adopted for use in reference to the Product Evaluation and Approval System. Copies of these forms are available from the Department of Community Affairs, Codes and Standards Section, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and via the Building Codes Information System on the Internet, www.floridabuilding.org.

(1) Florida Building Commission, Application for Organization/Entity Approval, Form No. 9B-72.130(1), updated October 11, 2005 September 4, 2003 (electronic version).

(2) Florida Building Commission, Application for State Product Approvals, Form No. 9B‑72.130(2), updated October 11, 2005 September 4, 2003 (electronic version).

(3) Validation Checklist for State Approval, Form No. 9B‑72.130(3), updated September 4, 2003 (electronic version).

(4) Florida Building Commission, Application for Local Product Approval, Form No. 9B-72.130(4), updated September 4, 2003 (electronic version).

(5) Florida Building Commission, Validation Checklist for Local Product Approval by Method 1 or 2, Form No. 9B‑72.130(5), updated September 4, 2003 (electronic version).

(6) Florida Building Commission, Application for Revision to State Approvals, Form No. 9B‑72.130(3), (electronic version), effective ________.

Specific Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5‑5‑02, Amended 9‑4‑03,________.

 

9B‑72.135 Revisions to Product Approvals or Entity Approvals.

(1) No change.

(a) A product manufacturer or approved entity shall submit a revision for approval by filing an application in accordance with subsection 9B‑72.130(2)(6), F.A.C., validated in accordance with Rule 9B‑72.080, F.A.C., and submitting fees pursuant to subsection 9B‑72.090(2), F.A.C. Revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. The revision will carry the same Florida Product Approval FL number as the original approval with the addition of a revision number assigned, R1, R2, as applicable.

(b) Revisions to all data will be allowed, but in the case of revisions to product approvals, new products shall not be added.

(c) Once a revision is approved by the Commission, the approved revision will supersede the original approval. In the case of product approval revisions, the time clock for renewal of the product approval every two years will be set back to day one.

Specific Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New________.

 

9B‑72.160 Revocation or Modification of Product Approvals and Entity Certifications.

(1) Product Approval Revocation or Suspension.

(a) through (c) No change.

(d) The Commission shall clearly post the status of product approvals, denials, suspensions or on its website, the Building Codes Information System, www.floridabuilding.org.

(2) No change.

(3) Incomplete Product Approval or Entity applications. Any application that has no activity and is not complete within 180 days from the date of initial filing shall be denied.

Specific Authority 553.842(15) FS. Law Implemented 553.842(15) FS. History–New 5‑5‑02, Amended ________.

 

9B‑72.180 Equivalence of Standards.

(1) Equivalence of product standards. Where conformance to the Code is based on standards, then product evaluation shall rely on national and international consensus standards referenced in the Code. Other standards which meet or exceed standards referenced by the 2001 edition of the Code and recognized as equivalent for determining Code compliance are:

(a) through (e) No change.

(2) Standards which meet or exceed standards referenced by the 2004 edition of the Code and recognized as equivalent for determining Code compliance are:

(a) AAMA/CSA/WDMA 101/I.S. 2/A440-05 is equivalent to AAMA/WDMA/101/I.S./NAFS-02 and AAMA/WDMA 1600/I.S. 7-00 for skylights only;

(b) ASTM D 5055 – 2000 is equivalent to ASTM D 5055 – 02;

(c) AAMA 501 – 94 is equivalent to AAMA 501 – 05; and

(d) AAMA 103.3 – 83 is equivalent to AAMA 103.3 – 05.

(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.

(4)(2) No change.

(5)(3) No change.

Specific Authority 553.842(1) FS. Law Implemented 553.842(2) FS. History–New 5‑5‑02, Amended ________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]