The Florida Senate

553.842  Product evaluation and approval.--

(1)  The commission shall make recommendations to the President of the Senate and the Speaker of the House of Representatives prior to the 2001 Regular Session to develop and implement a product evaluation and approval system to operate in coordination with the Florida Building Code. The product evaluation and approval system shall provide:

(a)  Appropriate promotion of innovation and new technologies.

(b)  Processing submittals of products from manufacturers in a timely manner.

(c)  Independent, third-party qualified and accredited testing and laboratory facilities.

(d)  An easily accessible product acceptance list to entities subject to the Florida Building Code.

(e)  Development of stringent but reasonable testing criteria based upon existing consensus standards, when available, for products.

(f)  Long-term approvals, where feasible.

(g)  Recall or revocation of a product approval.

(h)  Cost-effectiveness.

(2)  The product evaluation and approval system shall rely on regional, national, and international consensus standards, whenever adopted by the Florida Building Code, for demonstrating compliance with code standards. Other standards which meet or exceed established state requirements shall also be considered.

(3)  Products or methods or systems of construction required to be approved and certified by an approved product evaluation entity as complying with the standards specified by the code shall be permitted to be used statewide, without further evaluation or approval.

(4)  Products may be approved either by the commission for statewide use, or by a local building department for use in that department's jurisdiction only. Notwithstanding a local government's authority to amend the Florida Building Code as provided in this act, statewide approval shall preclude local jurisdictions from requiring further testing, evaluation, or submission of other evidence as a condition of using the product so long as the product is being used consistent with the conditions of its approval.

(5)  Statewide and local approval of products or methods or systems of construction shall be achieved by:

(a)  Submittal and validation of a product evaluation report from an approved product evaluation entity indicating the product or method or system of construction was tested to be in compliance with the Florida Building Code or with the intent of the Florida Building Code and the product or method or system of construction is, for the purpose intended, at least equivalent of that required by the Florida Building Code; or

(b)  Submittal and validation of a product evaluation report or rational analysis which is signed and sealed by a professional engineer or architect, licensed in this state, who has no conflict of interest, as determined by national guidelines, who certifies that the product or method or system of construction is, for the purpose intended, at least equivalent of that required by the Florida Building Code. Any product approved under this procedure shall be required to be manufactured under a quality assurance program, certified by an approved product evaluation entity.

(6)  A building official may deny the local application of a product or method or system of construction which has received statewide approval, based upon a written report signed by the official that concludes the product application is inconsistent with the statewide approval and that states the reasons the application is inconsistent. Such denial is subject to the provisions of s. 553.77.

(7)  Products, other than manufactured buildings, which are custom fabricated or assembled shall not require separate approval under this section provided the component parts have been approved for the fabricated or assembled product's use and the components meet the standards and requirements of the Florida Building Code which applies to the product's intended use.

(8)  A building official may appeal the required approval for local use of a product or method or system of construction to the commission. The commission shall establish expedited procedures to handle such appeals.

(9)  The decisions of local building officials shall be appealable to the local board of appeals, if such board exists, then to the commission. Decisions of the commission regarding statewide product approvals and appeals of local product approval shall be subject to judicial review pursuant to s. 120.68.

(10)  The commission shall maintain a list of the approved products and product evaluation entities and make such list available in the most cost-effective manner. The commission shall establish reasonable timeframes associated with the product approval process and availability of the list.

(11)  The commission may establish reasonable and appropriate fees for the review of rational analyses and certification of manufactured buildings submitted pursuant to this section and may enter into any contracts the commission deems necessary in order to implement this section.

(12)  Products certified or approved for statewide or local use by an approved product evaluation entity prior to the effective date of this act shall be deemed to be approved for use in this state pursuant to this section and to comply with this section.

For purposes of this section, an approved product evaluation entity is an entity that has been accredited by a nationally recognized independent evaluation authority or entity otherwise approved by the commission.

History.--s. 54, ch. 98-287; s. 90, ch. 2000-141.