Florida Regulations 61-41.003: Administration and Department Responsibilities
Current as of: 2024 | Check for updates
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(1) Forms – The following forms are hereby adopted by reference for use in administering this part.
(a) FMBP 1-00 Manufacturer Application for State Approval, effective 10/1/05;
(b) FMBP 2-00 Agency Application for State Approval, effective 10/1/05;
(c) FMBP PS-1-00 School District Application, effective 10/1/05;
(d) FMBP 4-00 Agency Renewal Form, effective 10/1/05;
(2) Certification – The Department shall certify manufacturers and Agencies in accordance with this rule chapter. Certifications shall be for a period of three years from the date of initial certification. All certifications, licenses and approvals granted by the Department pursuant to rule Fl. Admin. Code Chapter 61-41, are subject to revocation for failure to adhere to rule Fl. Admin. Code Chapter 61-41, the codes and standards adopted herein, or Florida Statutes Chapter 553 Proceedings against certifications, insignia and approvals shall be in accordance with Florida Statutes § 120.60
(3) Monitoring – The Department, through its employees or its designated performance auditors, shall monitor the performance of Agencies and manufacturers. Each certified manufacturer and each certified Agency shall be subject to a performance audit at a minimum of once every three years. Unannounced visits to offices and manufacturing facilities shall be utilized unless impractical based upon the nature of the business to be monitored. Information obtained through monitoring shall remain confidential to the extent permitted by law. Agencies and manufacturers shall provide the auditor access to records, facilities and personnel as requested by the auditor. The auditor shall collect information through interviews, examination of documents and observation of activity to determine whether the manufacturer or Agency complies with the codes and standards adopted herein and this chapter. Any determination of nonconformance with any applicable provision shall be reported to the Department and the manufacturer or Agency or both the Agency and the manufacturer. The report shall identify the facts that support the finding of nonconformity and recommend corrective action. The Department shall determine the appropriate corrective action subject to the requirements of Florida Statutes § 120.60
(4) Testing and Evaluations of Products – Shall be in accordance with the Florida Building Code, Fl. Admin. Code Chapter 61G20-3 or Florida Statutes § 553.8425
Rulemaking Authority 553.37(1), (2) FS. Law Implemented 553.37(1), (2), 553.381 FS. History-New 1-17-72, Amended 2-23-75, 3-1-80, 11-1-84, Formerly 61-41.03, Amended 1-1-87, 1-1-89, 3-1-92, 3-1-95, 9-7-00, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.003.
(b) FMBP 2-00 Agency Application for State Approval, effective 10/1/05;
(c) FMBP PS-1-00 School District Application, effective 10/1/05;
(d) FMBP 4-00 Agency Renewal Form, effective 10/1/05;
(2) Certification – The Department shall certify manufacturers and Agencies in accordance with this rule chapter. Certifications shall be for a period of three years from the date of initial certification. All certifications, licenses and approvals granted by the Department pursuant to rule Fl. Admin. Code Chapter 61-41, are subject to revocation for failure to adhere to rule Fl. Admin. Code Chapter 61-41, the codes and standards adopted herein, or Florida Statutes Chapter 553 Proceedings against certifications, insignia and approvals shall be in accordance with Florida Statutes § 120.60
(3) Monitoring – The Department, through its employees or its designated performance auditors, shall monitor the performance of Agencies and manufacturers. Each certified manufacturer and each certified Agency shall be subject to a performance audit at a minimum of once every three years. Unannounced visits to offices and manufacturing facilities shall be utilized unless impractical based upon the nature of the business to be monitored. Information obtained through monitoring shall remain confidential to the extent permitted by law. Agencies and manufacturers shall provide the auditor access to records, facilities and personnel as requested by the auditor. The auditor shall collect information through interviews, examination of documents and observation of activity to determine whether the manufacturer or Agency complies with the codes and standards adopted herein and this chapter. Any determination of nonconformance with any applicable provision shall be reported to the Department and the manufacturer or Agency or both the Agency and the manufacturer. The report shall identify the facts that support the finding of nonconformity and recommend corrective action. The Department shall determine the appropriate corrective action subject to the requirements of Florida Statutes § 120.60
(4) Testing and Evaluations of Products – Shall be in accordance with the Florida Building Code, Fl. Admin. Code Chapter 61G20-3 or Florida Statutes § 553.8425
Rulemaking Authority 553.37(1), (2) FS. Law Implemented 553.37(1), (2), 553.381 FS. History-New 1-17-72, Amended 2-23-75, 3-1-80, 11-1-84, Formerly 61-41.03, Amended 1-1-87, 1-1-89, 3-1-92, 3-1-95, 9-7-00, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.003.