Staff
Analysis for Declaratory Statement Request
DS2014-152
January 20, 2014
Issue: DS2014-152. Petitioner seeks a
Declaratory Statement on status of state rejected product (Equinox rotating
louver roof system) which is outside scope of Rule 61G20-3.001. The Petitioner requests clarification to the
following questions:
Is this product, which is solely for
exterior applications, outside the building envelope and may not apply for
Florida Product Approval?
Background:
Situation:
The request focuses on a particular Equinox rotating louver roof system, offered by Euramax
International Inc. The petitioner
applied for Florida Product Approval (FL17372) for its Equinox rotating louver
roof system under the Category Structural Components and Subcategory Roof
Deck. This product is intended for open
outdoor structures such as patio covers, carports, outdoor commercial dining
spaces and other similar uses. The application was rejected by the department
who said the product is outside the scope of Rule 61G20-3.001. Our experience is that local building
officials may not have the expertise to evaluate the test report and other
technical data and reject the building permit since FPA was not obtained.
Rule 61G20-3 PRODUCT APPROVAL
61G20-3.001 Scope.
(1) Products in the following categories as defined by
subcategories of subsection 61G20-3.002(33), F.A.C., shall be available for
approval by the Commission pursuant to Rule 61G20-3.007, F.A.C., for use in the
state:
(a) Panel Walls;
(b) Exterior Doors;
(c) Roofing Products;
(d) Skylights;
(e) Windows;
(f) Shutters;
(g) Structural Components; and
(h) Impact Protective Systems.
(2) This rule applies to approval of products and systems,
which comprise the building envelope and structural frame, for compliance with
the structural requirements of the Florida Building Code.
Rulemaking
Authority 553.842(1) FS.
Law Implemented 553.842(5) FS. History–New 11-22-06, Formerly 9B-72.005, 9N-3.001,
Amended 4-1-14.
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61G20-3.002 Definitions.
31) Structural component means any part or
assembly of buildings that comprises the main wind force resisting system and components
or cladding.
(g) For structural components: truss plates, wood
connectors, anchors, exterior coolers-freezers, insulation form systems,
engineered lumber, pre-engineered air conditioner stands, structural wall
components, and roof deck, and products introduced as a result of new
technology.
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2010 Florida Building Code, Building, Section
202, Definitions
BUILDING. Any structure used or
intended for supporting or sheltering any use or occupancy.
2010 Florida Building Code, Building, Chapter 7, Section 702.1
BUILDING
ELEMENT. A
fundamental component of building construction, listed in Table 601, which may
or may not be of fire-resistance-rated construction and is constructed of
materials based on the building type of construction.
2010 Florida Building Code, Energy conservation,
202 Definitions
BUILDING
THERMAL ENVELOPE. The
basement walls, exterior walls, floor, roof, and any other building element
that enclose conditioned space. This boundary also includes the boundary
between conditioned space and any exempt or unconditioned space.
Webster’s Third New International Dictionary
BUILDING
A constructed edifice designed to stand more or
less permanently, covering a space of land, covered by a roof and more or less
completely enclosed by walls, and serving as a dwelling, storehouse, factrory,
shelter for animals, or other useful structure – distinguished from structures
not designed for occupancy (as fences or monuments) and from structures not
intended for use in one place.
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2012
NFPA1 fire code
3.3.250 Structural element
The columns and girders, beams, trusses, joists,
braced frames, moment- resistant frames, and vertical and lateral resisting
elements, and other framing memebers that are designed to carry any portion of
the dead or live load and lateral forces, that are essential to the stability
of the building or structure.(5000,2012)
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2010 Florida Building Code, Building, Section 202, Definitions
SUNROOM. A one-story structure added
to an existing dwelling with an open or glazed area in excess of 40 percent of
the gross area of the sunroom structure's exterior walls and roof. For the
purposes of this code the term "sunroom" as used herein, shall
include conservatories, sun spaces, solariums, and porch or patio covers or enclosures.
CANOPY. Any fixed roof-like structure,
not movable like an awning, and which is cantilevered in whole or in part
self-supporting, but having no side walls or curtains other than valances not
more than 18 inches (457 mm) deep. Lean-to canopies, fixed umbrellas and similar structures are included in this
classification. Structures having side walls or valances more than 18 inches
(457 mm) deep shall be classified as a tent as set forth herein.
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2010
Florida Building Code, Building, Section 312.1 General.
Buildings
and structures of an accessory character and miscellaneous structures not
classified in any specific occupancy shall be constructed, equipped and
maintained to conform to the requirements of this code commensurate with the
fire and life hazard incidental to their occupancy. Group U shall include, but
not be limited to, the following:
Agricultural
buildings
Aircraft
hangars, accessory to a one- or two-family residence (See Section 412.5)
Barns
Carports
Fences
more than 6 feet (1829 mm) high
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Florida Statutes
553.8425 Local product
approval.—
(1) For
local product approval, products or systems of construction shall demonstrate
compliance with the structural windload requirements
of the Florida Building Code through one of the following methods:
(a) A
certification mark, listing, or label from a commission-approved certification
agency indicating that the product complies with the code;
(b) A
test report from a commission-approved testing laboratory indicating that the
product tested complies with the code;
(c) A
product-evaluation report based upon testing, comparative or rational analysis,
or a combination thereof, from a commission-approved product evaluation entity
which indicates that the product evaluated complies with the code;
(d) A product-evaluation
report or certification based upon testing or comparative or rational analysis,
or a combination thereof, developed and signed and sealed by a Florida
professional engineer or Florida registered architect, which indicates that the
product complies with the code;
(e) A
statewide product approval issued by the Florida Building Commission; or
(f) Designation
of compliance with a prescriptive, material standard adopted by the commission
by rule under s. 553.842(15).
(2) For product-evaluation
reports that indicate compliance with the code based upon a test report from an
approved testing laboratory and rational or comparative analysis by a Florida
registered architect or Florida professional engineer, the testing laboratory
or the evaluating architect or engineer must certify independence from the
product manufacturer.
(3) Local building
officials may accept modifications to approved products or their installations
if sufficient evidence is submitted to the local building official to
demonstrate compliance with the code or the intent of the code, including such
evidence as certifications from a Florida registered architect or Florida
professional engineer.
(4) Products
demonstrating compliance shall be manufactured under a quality assurance
program audited by an approved quality assurance entity.
(5) Products
bearing a certification mark, label, or listing by an approved certification
agency require no further documentation to establish compliance with the code.
(6) Upon
review of the compliance documentation, and a finding that the product complies
with the code, the authority having jurisdiction or a local building official
shall deem the product approved for use in accordance with its approval and
limitation of use.
(7) Approval
shall be valid until such time as the product changes and decreases in
performance; the standards of the code change, requiring increased performance;
or the approval is otherwise suspended or revoked. Changes to the code do not
void the approval of products previously installed in existing buildings if
such products met building code requirements at the time the product was
installed.
Staff
Analysis:
Question
1:
Is this product, which is solely for exterior applications, outside the building
envelope and may not apply for Florida Product Approval?
Answer: Yes, this product
is outside the scope of the state product approval program. However, the product in question is subject
to approval by the local authority having jurisdiction.