MINUTES
FLORIDA BUILDING COMMISSION
PRODUCT APPROVAL OVERSIGHT
COMMITTEE
MARCH
22, 2012
TELECONFERENCE
CODES
AND STANDARDS
2555
SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399
Members
Present: Ed Carson, Chairman, Chris
Schulte, Jeffrey Stone, Nicholas Nicholson
Members
Absent: Herminio Gonzalez, Tim Tolbert
and John Scherer
Staff
Present: Ila
Jones, Mo Madani, Jim Richmond, Leslie Anderson-Adams, Jeff Blair, Suzy Davis
Committee
Objectives:
Ø To
Consider/Discuss Product Approval Program Issues
Ø Declaratory
Statements
Ø Discussion Items
Ø To
Consider/Decide on Approval of Products and Product Approval Entities
Prior to the start of the meeting the
facilitator, Jeff Blair, reminded the members and participants of the
teleconference etiquette for meetings.
Agenda Review
and Approval:
The
meeting was called to order at 2:30 pm by Chairman Ed Carson. The agenda was approved as read. The minutes for November 2011 and January
2012 were approved as submitted.
Product Approval
Program Issues:
Product
Approval Entities and Statistics Report (2/27/12) for the 2007/2010 code cycles
were read into the record.
Product
Approval Administrator’s Performance Survey for the January approval cycle was
read into the record.
2010
Florida Building Code: Mo Madani
reported that activity for the 2010 code is picking up and staff is optimistic
that April and June will be fairly busy with everyone trying to get approval.
It is expected that the product activity will slow down after that.
Product
Approval Enhancements/Status: Mo Madani
provided a brief update stating that the enhancements and testing are
continuing however, there was not much to report at this time.
Discussion
Items:
Rule
61G20-3.015 Equivalence of Standards:
Staff deferred to legal to provide an update on the rule making
process. Legal staff stated that most of
the rule changes regarding the transfer have been submitted to DBPR and meetings/discussions
are continuing to take place. Legal
stated that there was a court decision to streamline the decisions and progress
is being made. We will no longer have to
work with the Small Business Regulatory Advisory Council and instead the Office
of Fiscal Accountability and Regulatory Reform will take that over. The process seems to be moving along very
well.
Declaratory
Statements for EPOXY-Z: Mo Madani
reported that at the last meeting the POC referred Declaratory Statements
DS2011-096 & DS2011-097 by Mr. Jeffrey Cooper to the Roofing TAC and
provided a summary of the Roofing TAC’s actions on the two Declaratory
Statements as follows:
The
question was asked of the Roofing TAC was “does EPOXY-Z Cool Roof Coating
(DS2011-96) product fall within the scope of Rule 9N-3?” The answer was yes; the product is a roofing
system and does fall under the scope of Rule 9N-3, and however approval of this
product is subject to the approval under the local authority having
jurisdiction product approval or the state product approval.
The
second Declaratory Statement (DS2011-097) actually had four products: a primer,
an adhesive; and so on. The question: “Do
these products fall within the scope of Rule 9N-3?” The answer was yes when
used as a roofing product or component and the products do fall within the
scope of 9N-3 and thus are subject to approval under the authority having
jurisdiction’s product approval or the state product approval.
Revocations-Process/Procedures: Mo Madani provided an overview of the proposed
draft of suggested changes and definitions for the revocation rule.
The
POC suggested the following changes and took the following actions:
-
An
amendment to change to the language in section (5) from imminent hazard
to imminent danger and delete the definition for “Imminent Hazard”. Motion passed.
-
A
motion was made to add the language in section 4(b) after “hearing” in
conformance in with the requirements of Chapter 120.
-
Revise
item (b) - after “administrative hearing” add “in writing within specific days
of receipt of the stated notification.” This will be covered by the reference
to Chapter 120, FS.
-
Revise
item (c) - to read as follows:
(c) Be
sent by U.S. Mail to the approval-holder’s Registered Agent, as designated on
the Florida Department of State, Division of Corporations, or to the most
recent mailing address provided by the approval-holder to the Commission. A notice that is addressed to the Registered
Agent or to the most recent mailing address provided by the approval-holder and
is returned as undeliverable by the U.S. Postal Service, may result in the
temporary removal of the approval from the Building Code Information System
website until the approval-holder can be located and provided with notice.
POC
Action: the POC voted in support of the
changes state above and moved to approve the draft rule as amended.
Update
on the Spacer Issue: Ted Berman reported that at the last meeting
he was asked to work with the single issue and try to resolve it before this
meeting. He reported that the
manufacturer of FL11634 & 11634-R1 has requested that these applications be
withdrawn and archived.
Ted Berman and
Associates Reports:
Products
and entities were reviewed and approved.
Recommendations were provided.
DBPR approved products were made available on the agenda as required by
rule and no comment was raised at the meeting regarding those products.
Adjourn:
Meeting
was adjourned at 4:04 pm.
Actions Needed
by the Commission: