Rule 61G20-3.008(4)(a)3., F.A.C., provides for the approval of lumber grading or inspection agencies which have been approved in accordance with the United States Department of Commerce's Voluntary Product Standard DOC PS20-99, ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-3.008Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies

PURPOSE AND EFFECT: Rule 61G20-3.008(4)(a)3., F.A.C., provides for the approval of lumber grading or inspection agencies which have been approved in accordance with the United States Department of Commerce's Voluntary Product Standard DOC PS20-99, which pertains to American softwood lumber. Products which meet the Department of Commerce's standards, however, are deemed approved for the state product approval program pursuant to 61G20-3.003(1)(a), F.A.C., which effectively means that certification agencies for these products are unnecessary and superfluous. Accordingly, there are no certification agencies currently approved by the Commission to certify these products, and while the edition of the standard cited in the rule remains valid and technically still approved by the Commission, the provision is unnecessary and can be removed.

SUMMARY: The proposed amendment will remove an unused and unnecessary provision from the rule.

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 proposed amendment will only remove an unused and unnecessary provision from the rule, and will thus have no cost impact.

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(8), F.S.

LAW IMPLEMENTED: 553.842(8), F.S.

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: Thomas Campbell, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies.

(1) through (3) No change.

(4) Approved Certification Agency Criteria. Approval by the Commission is limited to the scope of accreditation established by approved accreditation entities.

(a) An entity shall be approved by the Commission as a certification agency if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body:

1. Certification Agencies accredited by ANSI that meet the requirements of ISO/IEC Guide 65: General Requirements for Bodies Operating Product Certification Systems or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

2. Certification Agencies accredited as meeting the requirements of ISO/IEC Guide 65: General Requirements for Bodies Operating Product Certification Systems or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.

3. Lumber grading or inspection agencies approved by the American Lumber Standards Committee (ALSC) or other agency approved by the Commission as equivalent, in accordance with United Stated Department of Commerce “Voluntary Product Standard: DOC PS 20-99,” “American Softwood Lumber Standard.”

(b) through (c) No change.

(5) through (6) No change.

Rulemaking Authority 553.842(8) FS. Law Implemented 553.842(8) FS. History–New 5-5-02, Amended 9-4-03, 3-9-04, 11-22-06, 4-10-08, 12-9-09, Formerly 9B-72.100, Amended 7-14-11, Formerly 9N-3.008, Amended 10-26-16,                      .

 

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 13, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 16, 2020.