61G20-3.007. Product Approval by the Commission  


Effective on Thursday, July 2, 2020
  • 1(1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following 22steps:

    23(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 5661G20-3.011(2), 57F.A.C., validated in accordance with Rule 6361G20-3.006, 64F.A.C., and submitting fees pursuant to subsection 7161G20-3.007(2), 72F.A.C. Application shall be made through the Building Codes Information System on the Internet, 86www.floridabuilding.org, 87and payment shall be by credit card or electronic check.

    97(b) The applicant submits all documentation required and fees in accordance with Rule 11061G20-3.005 111and subsection 11361G20-3.007(2), 114F.A.C., respectively.

    116(c) 117With exception to product applications submitted pursuant to 125paragraph 12661G20-3.005(1)(a) 127or 12861G20-3.005(1)(c), 129F.A.C., u131pon Commission acceptance of the required documentation pursuant to Rule 14161G20-3.005, 142F.A.C., and validation of compliance with the Code pursuant to Rule 15361G20-3.006, 154F.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.

    192(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:

    2411. An application of a product submitted for state acceptance pursuant to 253paragraph 25461G20-3.005(1)(a) 255or 25661G20-3.005(1)(c), 257F.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 28161G20-3.006, 282F.A.C., are complete.

    2852. 286The verification by the Administrator must be completed within 10 business days after receipt of the application.

    3033. 304Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved pr322oducts maintained by the BCIS. 327Approvals by the Department shall be reviewed and ratified by the Commission’s Program Oversight Committee (“POC”) except for a showing of good cause that a review by the full Commission is necessary. 359The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrati378ve Register. 380Comments concerning such products shall be accepted utilizing the BCIS.

    3904. 391For the purpose of curing deficiencies identifed within product applications approved under this section, the following steps will be undertaken:

    411a. 412If a comment is received on a Department approved Product, the Administrator shall immediately evaluate the comment and determine whether the comment is technically relevant;

    437b. 438If the comment as determined by the Administrator is technically significant, the Administrator shall post the comment received in the comment box for the application;

    463c. 464The Administrator shall immediately notify the manufacturer of the comment received on his or her application requesting that the manufacturer respond to the comment and revise the application as deemed necessary; and

    496d. 497Any comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission520. 521Any party in disagreement with the POC action on a comment is authorized to bring the matter before the Commission by providing public comment to the Commission during its meeting following POC consideration.

    554e. 555The Commission shall review the products as recommended by the POC and comments submitted in opposition to the POC recommendation and either ratify the Department’s approval of the product or direct further action by the POC, the Administrator or the applicant as necessitated by the particular circumstances.

    602(e) Approval shall be valid until such time as the product changes decreasing the product’s performance, the standards or provisions of the Code affecting the product change, or the approval is otherwise suspended, revoked, or superseded by a Commission approved revision to the approval. Changes to the Code shall not be construed as voiding the approval of products previously installed in existing buildings provided such products met building code requirements at the time the product was installed.

    679(f) 680When 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. As part of application for self-affirmation, if the evaluation report refers to the previous edition of the Code, the manufacturer of the approved product shall submit a statement from an approved evaluation or validation entity that the product complies with the subsequent code version via an attachment uploaded and submitted through the BCIS. Self-affirmation is subject to review and verification by the Program Administrator.

    784(g) Manufacturer or the manufacturer’s designee shall notify the Commission if it makes changes to the product which decrease the product’s performance.

    806(h) Manufacturer shall notify the Commission when the quality assurance requirements of subsection 81961G20-3.005(3), 820F.A.C., are no longer in place.

    826(2) Fees for state approval of products.

    833(a) Fee for approval, Five Hundred Dollars ($500.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly.

    854(b) Fee for reinstatement after suspension, Fifty Dollars ($50.00) per product, plus billable staff hours at Fifty Dollars ($50.00) per hour, plus consultant fees.

    878(c) Fees for approval of evaluation entities, certification agencies, testing laboratories and validation entities; for first time approval, Six Hundred Dollars ($600.00), annual renewal fee, Two Hundred Fifty Dollars ($250.00), revision fee, Two Hundred Dollars ($200.00).

    914(d) Fee for revision of an existing approval, Five Hundred Dollars ($500.00) 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.

    958(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 Fifty Dollars ($150.00).

    992(f) Fee for affirmation of an existing product approval for compliance with a new edition of the standards adopted by the Code, One Hundred Dollars ($100.00).

    1018(g) The Commission may, for a duration of time, waive the fees prescribed in this subsection upon a finding that such waiver will not have an adverse impact on the Commission’s ability to process applications.

    1053(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.

    1081Rulemaking Authority 1083553.842(1) FS. 1085Law Implemented 1087553.842 FS. 1089History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 109510-28-09, Formerly 10979B-72.090, 1098Amended 7-14-11, Formerly 11019N-3.007, 1102Amended 4-23-14, 7-2-20.