1. Florida Product Approval System March 2010

2. Senior Technical Manager 850-921-2247 mo.madani@dca.state.fl.us
Administration: Florida Building Commission Florida Department of Community Affairs 2555 Shumard Oak Blvd | Tallahassee, FL | (850)
Mo Madani
Senior Technical Manager

3. Product Approval Contractor: Ted Berman and Associates, LLC
THEODORE BERMAN, P.E.
Product Approval System Administrator
SIMON SEGAL, P.E. Senior Engineer, Product Approval Application Reviewer
RANA RADMANESH Product Approval Application Reviewer
Note: FL selecting administrator on 3/3/10, to begin 7/1/10. Ted’s company may be retained
VERDA LA RUE Product Approval Specialist

4. Key Items Building Code Information System (BCIS) Rule 9B-72
Florida Building Code

5. Subjects Background and overview State versus local approvals
Approval methods
Application options
Validation
Installation instructions
Quality assurance
Recent issues and changes
Obtaining formal clarifications or interpretations

6. Background and Overview
Hurricane Andrew prompted a Commission study
1997 report: Develop and implement a product approval program
Commission established a Product Approval Oversight Committee
2002: Product approval program enacted

7. State versus Local Approvals
Can get series of local approvals instead of a state approval
Local approvals subject to local costs
Individual company business decisions

8. Product Approval Methods
Four Methods for State Approval
Certification Method
Evaluation Report from a Florida licensed Architect or a Florida Professional Engineer
Test Report
Evaluation Report from an Evaluation Entity

9. Product Approval Application
There are four ways to apply for a Florida Product Approval
New Application
Full Revision of an existing application
Editorial Change
Self-Affirmation of existing application

10. New Application FBC 2007 New Application:
Evidence such as a certification, test report or an evaluation report demonstrating compliance must be submitted..
New Application cost $500.

11. IMPORTANT Revision FBC 2007
IF THERE ARE MULTIPLE PRODUCTS WITHIN THE SAME APPLICATION (FL#), THEN EVIDENCE FOR ALL THE PRODUCTS MUST BE SUBMITTED. THE ENTIRE PRODUCT LINE MUST ALSO COMPLY WITH THE NEW STATE PRODUCT APPROVAL RULE AND ALL THE REQUIREMENTS THEREIN

12. New Application Process
Changes made to the new application process include:
Applications must be validated by COMPLETION DEADLINE
No more recommendation for Conditional Approval or Deferral by the Administrator.
Applicants work at their own pace to complete applications by the posted deadline date.
Early submittals will have more correction time if needed.
Only those applications that are complete by the Completion Deadline are recommended to the Product Oversight Committee (POC) and listed on the meeting agenda

13. New Application Process

14. Revised Applications FBC 2007
If the standards or restrictions pertaining to your product in the 2007 Code have changed, then a full revision application must be submitted.
New evidence such as a certification, test report or an evaluation report demonstrating compliance must also be submitted.
New products may be added to application.
Full Revisions cost $500.

15. Editorial Change FBC 2007 Editorial Change
Used for editorial corrections with no new performance evidence provided.
Used to change quality assurance entity
Requires validation (ensure that application is limited to the above restrictions).
Editorial Change cost $150.

16. Self–Affirmation FBC 2007 Application Using Self Affirmation
Self Affirmation indicating that the change in building code does not affect the performance of product.
Does not require validation
Self Affirmations cost $100.

17. Validations NOTE: 9B-72.080 Product Validation Two Types of Validation
Administrative Validation
Technical Validation
NOTE:
All applications, except self-affirmation, require validation. Applications requiring corrections have to be re-validated.

18. Administrative Validation Overview

19. Administrative Validation
Applicable to:
A certification mark or listing from an approved certification agency
An evaluation report from a Florida Registered Architect or Licensed Engineer independent from the manufacturer
An evaluation report from an approved evaluation entity.

20. Administrative Validation Criteria
Criteria consists of:
Verification of certification or evaluation report, product description, testing standards per Florida Building Code and compliance documentation are compliant with the current code.
Verification of installation instructions, anchorage requirements and product performance are as per certification or evaluation report.
Verification of any limits are within the scope of certification or evaluation.
Verify that certification is not based on rational analysis.
Verify that if rational analysis was used for installation instructions that an evaluation report is included.

21. Certification Validation Checklist

22. Administrative Validation Checklist

23. Evaluation Report by Florida PE/RA Administrative Validation Checklist

24. Evaluation Report by Florida PE/RA Validation Common Errors (1)
Testing Standards on Evaluation Report (ER) are not the same as on face of application.
Testing standards are not as adopted and an equivalency of standards has not been provided.
Design Pressure on application exceeds design pressure on ER.
Limits of use indicate impact resistance and testing standards for impact were not performed.
Certificate of Independence was not provided or is not from the evaluation engineer/architect.
Description of product on application is not the same as on ER.

25. Evaluation Report by Florida PE/RA Validation Common Errors (2)
Installation Instructions are not in accordance with Rule 9B (4)(e) or as described on ER.
Testing was not conducted at an accredited, by an approved accreditation agency, testing laboratory.
Testing was not performed on the product as described on ER and the data cannot be verified.
Certification of plastic structural components was not provided or is expired (glass laminates, plastic extrusions).
Validation checklist is for the correct method and signed and sealed after validation on-line.
Verify that rational analysis was not performed in-lieu of testing standards required by the building code.

26. Evaluation Report by Evaluation Entity Administrative Validation Checklist

27. Technical Validation Overview

28. Technical Validation Applicable to:
A test report from an approved testing laboratory
An evaluation report from an approved evaluation entity that is not an independent third party from the manufacturer
Installation instructions designed by in-house to the manufacturer, non independent third-party professional.

29. Technical Validation Criteria
In addition to criteria for Administrative Validation, Technical validation includes:
Determination that the evaluator has complied with acceptable standards of engineering principles.
Engineering verification that the evaluation complies with the Code.
Copy of the application complying with all aspects of rule 61G15-36 F.A.C. must be filed with the Commission.

30. Technical Validation Checklist
For the technical validation when using the Certification, Evaluation
Report by Florida PE/RA and Evaluation Report by Evaluation Entity methods,
the validator needs to complete the corresponding Administrative Validation
checklist plus the following Technical Validation checklist.

31. Technical Validation Test Report Method Checklist
For the technical validation when using the Test Report method,
the validator needs to complete the following Validation checklist.

32. Test Report Method Validation Common Errors (1)
Testing Standards on test report are not the same as on face of application.
Testing standards are not as adopted and an equivalency of standards has not been provided.
Design pressure on application exceeds design pressure on test report.
Limits of use indicate impact resistance and testing standards for impact were not performed.
Certificate of Independence was not provided or is not from the testing laboratory.
Description of product on application is not the same as on test report.

33. Test Report Method Validation Common Errors (2)
Installation Instructions are not in accordance with Rule 9B (4)(e) or as on the test report.
Testing was not conducted at an approved testing laboratory or the laboratory was not accredited for the test performed.
Testing was not performed on the product as described on the application.
Certification of plastic structural components was not provided or is expired (glass laminates, plastic extrusions).
Validation checklist is for the correct method and signed and sealed after validation on-line.
Verify that rational analysis was not performed and the product performance is as tested.

34. Validation Entities
All approved Validation Entities must retain documentation of the product application
Approved Certification and Evaluation agencies can validate their own certifications/evaluations
Testing Labs are not allowed to conduct validations

35. Installation Instructions
Installation instructions also require verification:
If prepared by company engineers then technical validation is required
If prepared by independent engineers then administration validation is required, unless using the Test Report Method (which always requires a technical validation)

36. Installation Instructions
Installation instructions criteria:
Determination that the evaluator has complied with acceptable standards of engineering principles.
Engineering verification that the evaluation complies with the Code.
Copy of the application complying with all aspects of rule 61G15-36 F.A.C. must be filed with the Commission.
Exception:
Technical Validation is not required if the installation instructions including attachments are verified by the product certification agency or the product evaluation agency.

37. RULE 9B – 72 Optional State Approval with updates

38. Quality Assurance Expiration
For all methods of compliance, a field is added to collect the Expiration Date of the Quality Assurance Entity contract for each product on the application
An is sent to the Manufacturer with a copy to DCA when the Expiration Date has elapsed.
Search criteria on the Product Search webpage allows searching for expired Quality Assurance Entity contracts.

39. Recent Oversight Committee Issues
Applications with Alternate Materials are not allowed for statewide product approval.
Alternate materials is a claim that a product compliance is equivalent to the provisions of the code, but is not evaluated as required by the code.
Example: Evaluation report with this language: “The system is an alternative exterior wall covering to those specified in Chapter 25”.

40. Recent Oversight Committee Issues
Roof Insulation Applications
(1) The approval is limited to roof insulation
(2) Fire classification and thermo performance of the insulation is not part of the approval
(3) Not a structural component – may be considered part of the load path
(4) Scope of approval is limited to an approved roof covering which list specific insulation as a component part of an approved roof assembly

41. Recent Oversight Committee Issues
Testing/Certification of Plastic Components
Plastics used as structural components of an assembly [i.e. vinyl (PVC), fiberglass and laminates (for impact glazing)] are required to be tested and or certified as required on Chapter 26 and be under a quality assurance audit contract.

42. Recent Rule 9B-72 Changes
1. Upload certification to new code on Self-Affirmation
Self-Affirmations now allow an uploaded letter of certification of compliance to the new code, as documentation supporting a product approval to a preceding edition of the Code specifically refers to that earlier edition.
The rule is amended to ensure accuracy of the affirmation and to address the potential for violation of law pertaining to licensure of those performing engineering services in the State.

43. Recent Rule 9B-72 Changes
9B Product Approval by the Commission.
(1)(a) through (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. 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 the original evaluation entity necessary to certify 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.

44. Recent Rule 9B-72 Changes Equivalence of Standards
9B Equivalence of Standards.
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. …………
* * * *

45. Recent Rule 9B-72 Changes
(3) Standards which meet or exceed standards referenced by 2007 edition of the Code and recognized as equivalent for determining Code Compliance are:
(a) ANSI/DASMA Standard Method for Testing Sectional Garage Doors and Rolling Doors: Determination of Structural Performance under Uniform Static Air Pressure Difference equivalent to ANSI/DASMA ;
(b) TPI 1-02 National Design Standards for Metal-Plate-Connected Wood Truss Construction equivalent to TPI 1-07; and
(c) ASTM E Practice for Determining Load Resistance of Glass in Buildings equivalent to ASTM E

46. Recent Rule 9B-72 Changes
(4) 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.

47. Recent Rule 9B-72 Changes
3. State Increase of Fees for Product Approval
9B 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 (2), F.A.C., validated in accordance with Rule 9B , F.A.C., and submitting fees pursuant to subsection 9B (2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, and payment shall be by credit card or electronic check.
(b) through (g) No change.
(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.

48. Recent Rule 9B-72 Changes
 (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, and payment shall be by credit card or electronic check. 

49. 3. State Increase of Fees for Product Approval
9B 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 (2), F.A.C., validated in accordance with Rule 9B , F.A.C., and submitting fees pursuant to subsection 9B (2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, and payment shall be by credit card or electronic check.
(b) through (g) No change.
(2) Fees for state approval of products.
(a) Fee for approval, Five Three Hundred Dollars ($500.00) ($300.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly.
Recent Rule 9B-72 Changes
4. Restriction of Products on an Application to 150
The Rule limits product approval applications to no more that 150 per application. Forms related to product and entity approval are amended to reflect revised fees adopted within Rule 9B , F.A.C.
9B 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,
(1) Florida Building Commission, Application for Organization/Entity Approval, Form No. 9B (1), effective November 10, 2009 updated October 11, 2005 (electronic version).
(2) Florida Building Commission, Application for State Product Approvals, Form No. 9B (2), effective November 10, 2009 updated October 11, 2005 (electronic version). New and revised applications received after January 11, 2010 shall be limited to a maximum of 150 product sequence numbers. This limitation shall not be applicable to editorial revision or affirmation of an existing application.
(3) No change.

50. Obtaining formal interpretations/clarifications
3. State Increase of Fees for Product Approval
9B 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 (2), F.A.C., validated in accordance with Rule 9B , F.A.C., and submitting fees pursuant to subsection 9B (2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, and payment shall be by credit card or electronic check.
(b) through (g) No change.
(2) Fees for state approval of products.
(a) Fee for approval, Five Three Hundred Dollars ($500.00) ($300.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly.
Obtaining formal interpretations/clarifications
Declaratory statements
Currently no cost (this may change)
Must cite particular section(s) of the Code or Rule 9B-72
Must cite a particular job
Need to pose the interpretations/clarifications in the form of yes/no questions
Staff prepares response, then reviewed and voted on by Product Approval Oversight Committee, and then by the Commission
Given three hearings – takes 6 months total to finalize
Declaratory statements become public records, but are non-binding

51. Questions
Comments
Suggestions