Florida Senate - 2019                                    SB 1420
       By Senator Gruters
       23-01676-19                                           20191420__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 553.842, F.S.; requiring a manufacturer to submit
    4         certain information when seeking to have an insulation
    5         product approved by the Florida Building Commission;
    6         authorizing the manufacturer to submit certain
    7         evaluation reports to supplement the test data;
    8         requiring the testing lab to have certain
    9         accreditation; requiring the manufacturer to provide
   10         test data to certain persons upon request; specifying
   11         that the failure to provide the test data is a
   12         violation of the Florida Deceptive and Unfair Trade
   13         Practices Act; amending s. 553.8425, F.S.; conforming
   14         a cross-reference; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsections (11) through (16) of section
   19  553.842, Florida Statutes, are redesignated as subsections (12)
   20  through (17), respectively, a new subsection (11) is added to
   21  that section, and paragraph (a) of subsection (5) of that
   22  section is amended, to read:
   23         553.842 Product evaluation and approval.—
   24         (5) Statewide approval of products, methods, or systems of
   25  construction may be achieved by one of the following methods.
   26  One of these methods must be used by the commission to approve
   27  the following categories of products: panel walls, exterior
   28  doors, roofing, skylights, windows, shutters, impact protective
   29  systems, and structural components as established by the
   30  commission by rule. A product may not be advertised, sold,
   31  offered, provided, distributed, or marketed as hurricane,
   32  windstorm, or impact protection from wind-borne debris from a
   33  hurricane or windstorm unless it is approved pursuant to this
   34  section or s. 553.8425. Any person who advertises, sells,
   35  offers, provides, distributes, or markets a product as
   36  hurricane, windstorm, or impact protection from wind-borne
   37  debris without such approval is subject to the Florida Deceptive
   38  and Unfair Trade Practices Act under part II of chapter 501
   39  brought by the enforcing authority as defined in s. 501.203.
   40         (a) Products for which the code establishes standardized
   41  testing or comparative or rational analysis methods shall be
   42  approved by submittal and validation of one of the following
   43  reports or listings indicating that the product or method or
   44  system of construction was in compliance with the Florida
   45  Building Code and that the product or method or system of
   46  construction is, for the purpose intended, at least equivalent
   47  to that required by the Florida Building Code:
   48         1. A certification mark or listing of an approved
   49  certification agency, which may be used only for products for
   50  which the code designates standardized testing;
   51         2. A test report from an approved testing laboratory;
   52         3. A product evaluation report based upon testing or
   53  comparative or rational analysis, or a combination thereof, from
   54  an approved product evaluation entity; or
   55         4. A product evaluation report based upon testing or
   56  comparative or rational analysis, or a combination thereof,
   57  developed and signed and sealed by a professional engineer or
   58  architect, licensed in this state.
   60  A product evaluation report or a certification mark or listing
   61  of an approved certification agency which demonstrates that the
   62  product or method or system of construction complies with the
   63  Florida Building Code for the purpose intended is equivalent to
   64  a test report and test procedure referenced in the Florida
   65  Building Code. An application for state approval of a product
   66  under subparagraph 1. or subparagraph 3. must be approved by the
   67  department after the commission staff or a designee verifies
   68  that the application and related documentation are complete.
   69  This verification must be completed within 10 business days
   70  after receipt of the application. Upon approval by the
   71  department, the product shall be immediately added to the list
   72  of state-approved products maintained under subsection (14)
   73  (13). Approvals by the department shall be reviewed and ratified
   74  by the commission’s program oversight committee except for a
   75  showing of good cause that a review by the full commission is
   76  necessary. The commission shall adopt rules providing means to
   77  cure deficiencies identified within submittals for products
   78  approved under this paragraph.
   79         (11)(a)A manufacturer seeking to have an insulation
   80  product approved under this section must provide test data to
   81  the commission. The test data must include the name of the
   82  testing lab that performed the test, the date of the test, and
   83  the test report number and must show that the insulation product
   84  conforms to the standards for insulation products set by the
   85  Florida Building Code and ASTM International and complies with
   86  16 C.F.R. 460.
   87         (b) The manufacturer may submit evaluation reports from a
   88  testing lab as supporting documentation to the test data. An
   89  evaluation report must be for a single product and must include
   90  the name of the testing lab, the date the product was tested,
   91  and the test report number.
   92         (c) The testing lab must be accredited by a nationally
   93  recognized accrediting agency.
   94         (d) The manufacturer must provide the test data to building
   95  officials and homeowners upon request. Failure to provide such
   96  data is a deceptive and unfair trade practice and constitutes a
   97  violation of the Florida Deceptive and Unfair Trade Practices
   98  Act.
   99         Section 2. Section 553.8425, Florida Statutes, is amended
  100  to read:
  101         553.8425 Local product approval.—
  102         (1) For local product approval, products or systems of
  103  construction shall demonstrate compliance with the structural
  104  windload requirements of the Florida Building Code through one
  105  of the following methods:
  106         (a) A certification mark, listing, or label from a
  107  commission-approved certification agency indicating that the
  108  product complies with the code.;
  109         (b) A test report from a commission-approved testing
  110  laboratory indicating that the product tested complies with the
  111  code.;
  112         (c) A product-evaluation report based upon testing,
  113  comparative or rational analysis, or a combination thereof, from
  114  a commission-approved product evaluation entity which indicates
  115  that the product evaluated complies with the code.;
  116         (d) A product-evaluation report or certification based upon
  117  testing or comparative or rational analysis, or a combination
  118  thereof, developed and signed and sealed by a Florida
  119  professional engineer or Florida registered architect, which
  120  indicates that the product complies with the code.;
  121         (e) A statewide product approval issued by the Florida
  122  Building Commission.; or
  123         (f) Designation of compliance with a prescriptive, material
  124  standard adopted by the commission by rule under s. 553.842(16)
  125  s. 553.842(15).
  126         Section 3. This act shall take effect July 1, 2019.