9N-3.007. Product Approval by the Commission (Transferred)

(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 9N-3.011(2), F.A.C., validated in accordance with Rule 9N-3.006, F.A.C., and submitting fees pursuant to subsection 9N-3.007(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) The applicant submits all documentation required and fees in accordance with Rule 9N-3.005 and subsection 9N-3.007(2), F.A.C., respectively.

(c) With exception to product applications submitted pursuant to paragraph 9N-3.005(1)(a), F.A.C., upon Commission acceptance of the required documentation pursuant to Rule 9N-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 9N-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 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 9N-3.005(1)(a), 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 9N-3.006, F.A.C., are complete.

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

3. Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved products maintained by the BCIS. Approvals 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. The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrative Weekly. Comments concerning such products shall be accepted utilizing the BCIS.

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

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

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

c. The 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

d. Any comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission. Any 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.

e. The 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.

(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.

(f) 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. 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.

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

(h) Manufacturer shall notify the Commission when the quality assurance requirements of subsection 9N-3.005(3), F.A.C., are no longer in place.

(2) Fees for state approval of products.

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

(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.

(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).

(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.

(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).

(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).

(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.

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.