Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61G20 - Florida Building Commission
Chapter 61G20-3 - PRODUCT APPROVAL
Section 61G20-3.006 - Product Validation by Approved Validation Entity for State Approval
Universal Citation: FL Admin Code R 61G20-3.006
Current through Reg. 50, No. 187; September 24, 2024
(1) Administrative Validation: Validation of compliance with the Code using a certification mark or listing from an approved certification agency, an evaluation report from an approved product evaluation entity, and an evaluation report from a Florida Registered Architect or licensed Florida Professional Engineer shall be performed by approved validation entities through the following steps:
(a) Verification that the certification,
testing, evaluation and quality assurance requirements established by Rule
61G20-3.005, F.A.C., are met and
that all documentation is in order.
(b) Validation of the method of compliance
using the validation checklist in subsection
61G20-3.011(3),
F.A.C. Signed and sealed hard copy of the Validation Checklist must be provided
to the Program System Administrator when the validation entity is a Florida
Registered Architect or licensed Professional Engineer.
(c) Certification to the Commission that the
documentation submitted for the product indicates the product complies with the
Code.
(d) Products listed by
approved certification agencies as complying with standards, that do not
include rational analysis, established by the Code shall be approved by the
Commission upon validation using Administrative Validation.
(2) Technical Validation.
(a) Technical Validation of an Evaluation
Report: Validation of compliance with the Code using an evaluation report from
an approved evaluation entity that is not an independent third-party from the
manufacturer shall be performed by an approved validation entity using the
validation steps of the Administrative Validation and the following steps:
1. Determination that the evaluator has
complied with acceptable standards of engineering principles.
2. Engineering verification that the
evaluation complies with the Code.
3. Copy of the application complying with all
aspects of Chapter 61G15-36, F.A.C., must be filed with the
Commission.
(b) Technical
Validation of a Test Report: Validation of compliance with the Code using a
test report from an approved test lab shall be performed by an approved
validation entity using the validation steps of the Administrative Validation
and the following steps:
1. Verify that the
reported data demonstrates compliance with the Florida Building Code,
and
2. Verify that the correct test
was performed.
(c)
Technical Validation of Installation Instructions including attachments:
Installation instructions including attachments developed by an entity that is
not an independent third-party from the manufacturer shall be performed by an
approved validation entity using the validation steps 1. through 3. of
paragraph (2)(a), above.
Exception: Technical validation is not required if the installation instruction including attachments are verified by the product certification agency or the product evaluation entity.
(3) Approved Validation entities must retain all documentation of the product applications (test reports, calculations, samples, etc.) as required by Florida Statutes or as long as the products are approved, based on their validation, whichever is longer.
(4) Violations and Penalties for Validation Entities. In imposing disciplinary penalties upon an approved Validation entity, the following guidelines shall be used by the Commission in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this rule.
(a) Violation of subparagraph
61G20-3.013(2)(a)
6., F.A.C. Validator has misrepresented his accreditations or other material
information on his application for approval for which the Commission shall
impose a minimum sanction of a $5, 000 fine and revocation and a maximum
penalty of $10, 000 fine and revocation.
(b) Violation of subsection
61G20-3.008(2),
F.A.C. Validating outside the scope of accreditation for which the Commission
shall impose a minimum sanction of a $5, 000 fine and revocation a maximum
sanction of a $10, 000 fine and revocation.
(c) Violation of subsection
61G20-3.006(1) or (2) or
(3), F.A.C. Verifying, validating or
certifying by using fraud, deceit, misleading, or untrue representations of
items on validation checklist set forth in subsection
61G20-3.011(3),
F.A.C., for which the Commission shall impose a minimum sanction of a $5, 000
fine, or probation, or suspension, or any combination thereof; and a maximum
sanction of a $10, 000 fine and revocation.
(d) Violation of subsection
61G20-3.006(1) or (2) or
(3), F.A.C. Failure to sign and seal hard
copy of the Validation Checklist and provide it to the Program System
Administrator prior to the Commission meeting when the validation entity is a
Florida Registered Architect or Professional Engineer for which the Commission
shall impose a minimum sanction of a $500 fine, or probation, or suspension, or
any combination thereof; and a maximum sanction of a $5, 000 fine and
revocation.
(e) Violation of
subsection 61G20-3.006(1) or (2) or
(3), F.A.C. Failure by the validation entity
to retain all documentation of the product applications, including, but not
limited to test reports, calculations, and samples, as required by Florida
Statutes or as long as the products are approved, based on their validation,
whichever is longer for which the Commission shall impose a minimum sanction of
a $5, 000 fine, or probation, or suspension, or any combination thereof; and a
maximum sanction of a $10, 000 fine and revocation.
(f) Violation of subparagraph
61G20-3.013(2)(a)
1. or 2., F.A.C. Validating while license and/or accreditation is not current
for which the Commission shall impose a minimum sanction of a $5, 000 fine, or
probation, or suspension, or any combination thereof; and a maximum sanction of
a $10, 000 fine and revocation.
(g)
Violation of subparagraph
61G20-3.013(2)(a)
3., F.A.C. Determination that any provision of Chapter 61G20-3, F.A.C., not
specifically identified in this rule has been violated for which the Commission
shall impose a minimum sanction of a $5, 000 fine, or probation, or suspension,
or any combination thereof; and a maximum sanction of a $10, 000 fine and
revocation.
(h) Violation of
subparagraph 61G20-3.013(2)(a)
4., F.A.C. Determination that the criteria for independence from any
manufacturer set forth in Rule
61G20-3.009, F.A.C., has been
violated for which the Commission shall impose a minimum sanction of a $2, 500
fine, or probation, or suspension, or any combination thereof; and a maximum
sanction of a $10, 000 fine and revocation.
(i) Violation of subparagraph
61G20-3.013(2)(a)
7., F.A.C. Failure to cooperate with investigations authorized by Rule
61G20-3.014, F.A.C., for which
the Commission shall impose a minimum sanction of a $5, 000 fine, or probation,
or suspension, or any combination thereof; and a maximum sanction of a $10, 000
fine and revocation.
Rulemaking Authority 553.842(1), (7) FS. Law Implemented 553.842(1), (7) FS.
New 5-5-02, Amended 11-22-06, 4-10-08, Formerly 9B-72.080, 9N-3.006.
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