2006 New York Code - Acceptance Requirements.

 
    §  27-131  Acceptance  requirements.  The following requirements shall
  apply to the initial acceptance of all materials which,  in  their  use,
  are regulated by the provisions of this code:
    (a) Methods of acceptance. No material of any manufacturer or producer
  shall  be  acceptable for the use intended unless and until the material
  shall have been tested for compliance with  code  requirements  under  a
  test  method  prescribed  by  the  code,  or  shall have been tested and
  approved by the commissioner or shall have been previously  approved  by
  the  board  of standards and appeals, unless such approval is amended or
  repealed by the commissioner.
    (1) Code test method.  Whenever  the  code  prescribes  a  method  for
  testing  any  material,  the material shall be tested in accordance with
  such test method (a) under the direction of an architect or engineer, or
  (b) by a testing service or laboratory acceptable to  the  commissioner.
  The  commissioner  may  require  the  witnessing  of tests by his or her
  representative.  The  test   report   showing   compliance   with   code
  requirements  and bearing the signature of the architect or engineer, or
  the signature of an officer of the testing service or laboratory, as the
  case may be, shall be filed with the department.  The  commissioner  may
  require  a  certificate of the manufacturer or producer, certifying that
  the material tested was and is equivalent to material of the  same  kind
  and  quality  regularly  being  manufactured  by  such  manufacturer  or
  producer. Upon the filing of the test report,  as  provided  above,  the
  material  shall  be  acceptable  for  the  use  intended, subject to the
  provisions of subdivisions (d) and (e) of this section.
    (2) Commissioner approval. Materials which in their use are  regulated
  by  the  provisions  of this code but cannot satisfy the requirements of
  paragraph one of this subdivision shall not be acceptable  for  the  use
  intended  unless  and  until  the  material  shall  have been tested and
  approved for such use by the commissioner.  For  the  purposes  of  this
  requirement,  all  materials  legally  acceptable  prior to July 1, 1991
  shall be permitted subject to the provisions of subdivision  d  of  this
  section.
    (b)  List  of acceptable laboratories and materials. A current list of
  all testing services and laboratories acceptable to the commissioner for
  the purpose of testing materials, as provided  in  subparagraph  (b)  of
  paragraph  one  of subdivision (a) of this section and a current list of
  all acceptable materials, shall be maintained by the department and made
  available for public inspection.
    (c) Certification of accepted materials. All shipments and  deliveries
  of  such  materials  shall  be  accompanied  by  a  certificate or label
  certifying that the material shipped or delivered is equivalent  to  the
  materials  tested  and  acceptable for use, as provided in this section.
  Such certificate or label is to be provided (1) by the  manufacturer  or
  producer  of  the  material,  or  (2) by a testing service or laboratory
  acceptable to the commissioner and regularly engaged by the manufacturer
  or producer to make periodic inspections and/or tests of the material in
  the course of manufacture  or  production.  In  the  case  of  materials
  previously  approved by the board of standards and appeals, the shipment
  or delivery of the material shall also be accompanied by a tag or  label
  stating  that  the  material has been approved for use by the board, and
  containing the calendar number under which the material  received  board
  approval.
    (d)  Retesting  of  materials. All materials tested and acceptable for
  use shall  be  subject  to  periodic  retesting  as  determined  by  the
  commissioner;  and  any  material  which, upon retesting is found not to
  comply with code requirements or  the  requirements  set  forth  in  the
  approval  of  the  commissioner 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.
    (e)   Conflicting   test   results.  Whenever  there  is  evidence  of
  conflicting results in the tests of any material, the commissioner shall
  determine the acceptability of the material and/or the acceptable rating
  for such material.