§28-113.3 Approval Procedure

Approval of materials pursuant to section 28-113.2 shall be in accordance with procedures set forth in this code and the rules of the department. The cost offsets, reports and investigations required under these provisions shall be paid by the applicant.

When required by the commissioner, specific information consisting of test reports conducted by an approved testing agency in accordance with standards referenced in the construction codes or other such information as necessary, shall be provided for the commissioner to determine whether the material will perform for the use intended.

When required by the commissioner, sufficient technical data shall be submitted to the commissioner to substantiate the proposed use of any material. If it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the commissioner shall approve the use of the material subject to the requirements of this code.

All materials tested and accepted for use shall be subject to periodic retesting as determined by the commissioner; and any material that upon retesting is found not to comply with the code requirements or the requirements set forth in the approval of such material shall cease to be acceptable for the use intended. During the period for such retesting, the commissioner may require the use of such material to be restricted or discontinued if necessary to secure safety.

New materials not provided for in this code, and any material of questioned suitability proposed for use in the construction of a building or structure, shall be subjected to the tests prescribed in this code or in the rules of the department to determine character, quality and limitations of use.

Supporting data, where necessary to assist in the approval of materials not specifically provided for in this code, shall consist of valid research reports from approved sources or other equivalent approved supporting documentation.

Whenever there is evidence of conflicting results in the test of any material, the commissioner shall determine the acceptability of the material and/or the acceptable rating for such material.

The commissioner shall have the power to amend or repeal the approval of any material, including materials previously approved by the board of standards and appeals.

For any material that has been approved, a record of such approval, including the conditions and limitations of the approval, shall be posted on the department's website or shall be made available for public inspection at appropriate times.