Florida Senate - 2009                                    SB 2100
       
       
       
       By Senator Bennett
       
       
       
       
       21-01698-09                                           20092100__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 553.73, F.S.; authorizing the Florida Building
    4         Commission to adopt amendments to the Florida Building
    5         Code to address equivalency standards; amending s.
    6         553.842, F.S.; providing that products bearing a
    7         certain certification mark or listing from certain
    8         certification agencies are deemed to comply with the
    9         Florida Building Code; requiring the commission to
   10         specifically approve the International Association of
   11         Plumbing and Mechanical Officials Evaluation Service
   12         to produce information on which product approvals are
   13         based; deleting a requirement that the commission
   14         specifically approve the International Conference of
   15         Building Officials Evaluation Services, the Building
   16         Officials and Code Administrators International
   17         Evaluation Services, and the Southern Building Code
   18         Congress International Evaluation Services to produce
   19         information on which product approvals are based;
   20         deleting a requirement that the commission review the
   21         list of statutorily authorized evaluation entities and
   22         recommend changes to the list; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (7) of section 553.73, Florida
   28  Statutes, is amended to read:
   29         553.73 Florida Building Code.—
   30         (7) Notwithstanding the provisions of subsection (3) or
   31  subsection (6), the commission may address issues identified in
   32  this subsection by amending the code pursuant only to the rule
   33  adoption procedures contained in chapter 120. Provisions of the
   34  Florida Building Code, including those contained in referenced
   35  standards and criteria, relating to wind resistance or the
   36  prevention of water intrusion may not be amended pursuant to
   37  this subsection to diminish those construction requirements;
   38  however, the commission may, subject to conditions in this
   39  subsection, amend the provisions to enhance those construction
   40  requirements. Following the approval of any amendments to the
   41  Florida Building Code by the commission and publication of the
   42  amendments on the commission's website, authorities having
   43  jurisdiction to enforce the Florida Building Code may enforce
   44  the amendments. The commission may approve amendments that are
   45  needed to address:
   46         (a) Conflicts within the updated code;
   47         (b) Conflicts between the updated code and the Florida Fire
   48  Prevention Code adopted pursuant to chapter 633;
   49         (c) The omission of previously adopted Florida-specific
   50  amendments to the updated code if such omission is not supported
   51  by a specific recommendation of a technical advisory committee
   52  or particular action by the commission;
   53         (d) Unintended results from the integration of previously
   54  adopted Florida-specific amendments with the model code;
   55         (e)Equivalency standards;
   56         (f)(e) Changes to federal or state law; or
   57         (g)(f) Adoption of an updated edition of the National
   58  Electrical Code if the commission finds that delay of
   59  implementing the updated edition causes undue hardship to
   60  stakeholders or otherwise threatens the public health, safety,
   61  and welfare.
   62         Section 2. Subsection (5), (8), and (17) of section
   63  553.842, Florida Statutes, are amended to read:
   64         553.842 Product evaluation and approval.—
   65         (5) Statewide approval of products, methods, or systems of
   66  construction may be achieved by one of the following methods.
   67  One of these methods must be used by the commission to approve
   68  the following categories of products: panel walls, exterior
   69  doors, roofing, skylights, windows, shutters, and structural
   70  components as established by the commission by rule.
   71         (a) Products for which the code establishes standardized
   72  testing or comparative or rational analysis methods shall be
   73  approved by submittal and validation of one of the following
   74  reports or listings indicating that the product or method or
   75  system of construction was evaluated to be in compliance with
   76  the Florida Building Code and that the product or method or
   77  system of construction is, for the purpose intended, at least
   78  equivalent to that required by the Florida Building Code:
   79         1. A certification mark or listing of an approved
   80  certification agency, which may be used only for products for
   81  which the code designates standardized testing;
   82         2. A test report from an approved testing laboratory;
   83         3. A product evaluation report based upon testing or
   84  comparative or rational analysis, or a combination thereof, from
   85  an approved product evaluation entity; or
   86         4. A product evaluation report based upon testing or
   87  comparative or rational analysis, or a combination thereof,
   88  developed and signed and sealed by a professional engineer or
   89  architect, licensed in this state.
   90  
   91  A product evaluation report or a certification mark or listing
   92  of an approved certification agency which demonstrates that the
   93  product or method or system of construction complies with the
   94  Florida Building Code for the purpose intended shall be
   95  equivalent to a test report and test procedure as referenced in
   96  the Florida Building Code. Products bearing a certification mark
   97  or listing from an approved certification agency demonstrating
   98  compliance with the Florida Building Code shall be deemed to
   99  comply with this section without further action by the
  100  commission.
  101         (b) Products, methods, or systems of construction for which
  102  there are no specific standardized testing or comparative or
  103  rational analysis methods established in the code may be
  104  approved by submittal and validation of one of the following:
  105         1. A product evaluation report based upon testing or
  106  comparative or rational analysis, or a combination thereof, from
  107  an approved product evaluation entity indicating that the
  108  product or method or system of construction was evaluated to be
  109  in compliance with the intent of the Florida Building Code and
  110  that the product or method or system of construction is, for the
  111  purpose intended, at least equivalent to that required by the
  112  Florida Building Code; or
  113         2. A product evaluation report based upon testing or
  114  comparative or rational analysis, or a combination thereof,
  115  developed and signed and sealed by a professional engineer or
  116  architect, licensed in this state, who certifies that the
  117  product or method or system of construction is, for the purpose
  118  intended, at least equivalent to that required by the Florida
  119  Building Code.
  120         (8) The commission may adopt rules to approve the following
  121  types of entities that produce information on which product
  122  approvals are based. All of the following entities, including
  123  engineers and architects, must comply with a nationally
  124  recognized standard demonstrating independence or no conflict of
  125  interest:
  126         (a) Evaluation entities that meet the criteria for approval
  127  adopted by the commission by rule. The commission shall
  128  specifically approve the National Evaluation Service, the
  129  International Association of Plumbing and Mechanical Officials
  130  Evaluation Service the International Conference of Building
  131  Officials Evaluation Services, the International Code Council
  132  Evaluation Services, the Building Officials and Code
  133  Administrators International Evaluation Services, the Southern
  134  Building Code Congress International Evaluation Services, and
  135  the Miami-Dade County Building Code Compliance Office Product
  136  Control. Architects and engineers licensed in this state are
  137  also approved to conduct product evaluations as provided in
  138  subsection (5).
  139         (b) Testing laboratories accredited by national
  140  organizations, such as A2LA and the National Voluntary
  141  Laboratory Accreditation Program, laboratories accredited by
  142  evaluation entities approved under paragraph (a), and
  143  laboratories that comply with other guidelines for testing
  144  laboratories selected by the commission and adopted by rule.
  145         (c) Quality assurance entities approved by evaluation
  146  entities approved under paragraph (a) and by certification
  147  agencies approved under paragraph (d) and other quality
  148  assurance entities that comply with guidelines selected by the
  149  commission and adopted by rule.
  150         (d) Certification agencies accredited by nationally
  151  recognized accreditors and other certification agencies that
  152  comply with guidelines selected by the commission and adopted by
  153  rule.
  154         (e) Validation entities that comply with accreditation
  155  standards established by the commission by rule.
  156         (17)(a)The Florida Building Commission shall review the
  157  list of evaluation entities in subsection (8) and, in the annual
  158  report required under s. 553.77, shall either recommend
  159  amendments to the list to add evaluation entities the commission
  160  determines should be authorized to perform product evaluations
  161  or shall report on the criteria adopted by rule or to be adopted
  162  by rule allowing the commission to approve evaluation entities
  163  that use the commission's product evaluation process. If the
  164  commission adopts criteria by rule, the rulemaking process must
  165  be completed by July 1, 2009.
  166         (b)Notwithstanding paragraph (8)(a), the International
  167  Association of Plumbing and Mechanical Officials Evaluation
  168  Services is approved as an evaluation entity until October 1,
  169  2009. If the association does not obtain permanent approval by
  170  the commission as an evaluation entity by October 1, 2009,
  171  products approved on the basis of an association evaluation must
  172  be substituted by an alternative, approved entity by December
  173  31, 2009, and on January 1, 2010, any product approval issued by
  174  the commission based on an association evaluation is void.
  175         Section 3. This act shall take effect July 1, 2009.