Staff Analysis for Declaratory Statement Request DS2014-023

March 21, 2014

Issue: DS2014-023. The Petitioner, Glenn T. Williams, B.C.S. of Williams Law Firm, seeks clarification on whether his clients product, Storm Stoppers, falls within the scope of the Florida Building Code, Existing and Rule 61G20-3.

Petitioner in DS2014-023 seeks clarification of the following questions:

Interpretation No.1

A. Does the Storm Stoppers product as described fall within the scope of the Florida Building Code, Existing Building?

B. If the answer is yes, then what are the specific Code provisions from the 2010 Florida Building Code, Existing Building, that apply?

Interpretation No.2

A. What are the specific statutes, Code provisions and laws that give the Florida Building Commission jurisdiction or legal authority to regulate or approve any product for use on an Existing Building AFTER the building has been constructed and received a certificate of occupancy, when such product is not used or incorporated into the permanent structure, nor attached with permanent anchors that penetrate into the structure of the building's frame?

B. Are wood structural panels (i.e. plywood) as-described in the Florida Building Code, Residential, exempt from having to comply with Florida Statutes Section 553.842(5)?

C. If, in the opinion of the Florida Budding Commission, wood structural panels (i.e, plywood) are exempt from Florida Statutes Section 553.842(5), then would Storm Stoppers be entitled to receive the same exempt treatment as wood structural panels assuming the Storm Stopper product is equal to if not better than wood structural panels, for the temporary or emergency protection of window or doors from wind and rain?

D. What is the Florida product approval number for wood structural panels (i.e. plywood) showing that product was approved by the Florida Building Commission?

E. Since the Storm Stoppers product is equal to if not better than wood structural panels Identified in Section 1609.1.2 of the Florida Building Code, Residential, is Storm Stoppers entitled to receive the same treatment as wood structural panels and not apply for a product approval number?

F. Is Keddo Enterprises and Florida Building Commission recognized groups like the IHPA, FLASH, FEMA and the IBHS permitted to advertise or market wood structural panels (i.e. plywood) for "Wind-borne Debris Protection, " as a "Shutter" and for "Hurricane Protection" in Florida (even though plywood does not have a Florida product approval number)?

G. Is the Florida Building Commission violating Section 553.842(5) in their promotion of Table 1609.1.2 in the Florida Building Code, Residential, by advertising wood structural panels (i.e. plywood) as "Wind-Borne Debris Protection" (at a time when plywood does not have a Florida product approval number and has not been shown to pass the ASTM Large Missile Impact Test and the Cyclic Pressure Differential Tests)?

H. Can Keddo Enterprises, Including home improvement stores, advertise, sell, offer, market or distribute plywood for wind-borne debris protection or hurricane protection, since plywood is actually sold by home improvement stores throughout Florida for that purpose both long before and during an approaching, hurricane?

I. Additionally, major home improvement stores advertise or sell plywood in Florida as a Shutter, hurricane protection or as protection from wind-borne debris both long before and as a hurricane is approaching. For example, the home improvement chain Lowe's has a YouTube video showing how to board up windows with plywood (which consumers can purchase from Lowe's). See video here: http://www.youtube.com/watch?v=0jCUrYY3lEk&feature=share&list=PLA3F904701785FEB8

Can Keddo Enterprises create a similar video advertising or marketing plywood as a "shutter," "hurricane protection" or as "protection from wind-borne debris", without violating Florida Statutes Section 553.842(5)?

Interpretation 3:

A. Does the Storm Stoppers product fall outside the scope of Rule 61G20-3.001, State Product

Approval Program?

Background:

Situation:

Storm Stoppers is a lightweight alternative to heavy plywood to protect windows and doors from winds and rain. Storm Stoppers can be temporarily installed on existing homes by homeowners looking for an easier-to-use alternative to plywood for a temporary or an emergency basis to board up windows in advance of an approaching storm or hurricane. Storm Stoppers are made of a 3/8” thick, translucent corrugated plastic panel that installs without penetrating anchors, screw or bolts and comes in 65” x 108” or 76” x 85” panel sizes. These panel sizes are an average of 40% larger than a sheet of 48” x 96” plywood you buy from a home improvement store. These larger sizes allow a homeowner to protect large windows (i.e. a 52” x 62” window) and also give the customer an opportunity to protect more windows per panel a lower overall price, due to the increased yield. The Storm Stoppers product can be easily cut to the shape of any window with a carpet knife, as no dangerous power saw tools are needed. Storm Stoppers attaché with matable adhesive-backed plastic 3M Dual Lock Fasteners, which work similarly to hook and loop Velcro in that they easily mate and detach. 3M Dual Lock Fasteners adhere through their built-in adhesive to metal or vinyl window frames, and would never be confused with penetrating fasteners or anchors such as screws or bolts. A technical Data sheet on 3M Dual Lock reclosable fasteners states: “Dual Lock Reclosable Fasteners can replace conventional fasteners such as screws, clips, rivets, snaps and bolts in any applications.” The 3M Dual Lock Fastening System gives the homeowner the easy use of the Storm Stoppers product, as well as fast and safe egress/exit from every opening, in the event of an emergency.

The manufacturer, Keddo Enterprises, LLC also states the product Storm Stoppers:

• Is not a construction product;

• Is not attached with penetrating anchors such as screws or bolts;

• Is not attached to Existing Buildings that are under construction, in whole or in part

• Is not advertised, marketed or sold as "hurricane, windstorm or impact protection from

wind-borne debris during a hurricane or windstorm";

• Is clearly advertised, marketed or sold to Florida homeowners that it is NOT Florida

Building Code approved. This is on the company's invoice, warranty and the company's

website.

• Cannot be considered a shutter or impact protective device, since Storm Stoppers clearly do not pass all the standards required, such as the Cyclic Pressure Differential Test, nor is the 3M Dual Lock adhesive mounting system considered a "penetrating anchor" that penetrates into the structure;

• Is not within the list of products that can be regulated by the Florida Building Commission or the Florida Building Codes.

Statute

553.842 Product evaluation and approval.—

553.842 Product evaluation and approval.—

(1) The commission shall adopt rules under ss. 120.536(1) and 120.54 to develop and implement a product evaluation and approval system that applies statewide to operate in coordination with the Florida Building Code. The commission may enter into contracts to provide for administration of the product evaluation and approval system. The commission’s rules and any applicable contract may provide that the payment of fees related to approvals be made directly to the administrator. Any fee paid by a product manufacturer shall be used only for funding the product evaluation and approval system. The product evaluation and approval system shall provide:

(5) Statewide approval of products, methods, or systems of construction may be achieved by one of the following methods. One of these methods must be used by the commission to approve the following categories of products: panel walls, exterior doors, roofing, skylights, windows, shutters, impact protective systems, and structural components as established by the commission by rule. A product may not be advertised, sold, offered, provided, distributed, or marketed as hurricane, windstorm, or impact protection from wind-borne debris from a hurricane or windstorm unless it is approved pursuant to this section or s. 553.8425. Any person who advertises, sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection from wind-borne debris without such approval is subject to the Florida Deceptive and Unfair Trade Practices Act under part II of chapter 501 brought by the enforcing authority as defined in s. 501.203.

Rule

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;

(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.

61G20-3.003 Exceptions.

Products listed in Rule 61G20-3.001, F.A.C., shall be approved according to the provisions of this rule.

(1) Prescriptive. Products that have prescriptive specification standards and are manufactured under quality assurance procedures as specified in the Code will be deemed approved. Such products shall include but not be limited to the following:

(a) Structural components covered by United States Department of Commerce Product Standards;

(b) Structural components comprised of products that are assembled or placed in the field and are subject to standardized field testing procedures contained within nationally recognized standards adopted within the Code may demonstrate compliance by a batch ticket or bill of lading made available at the site of assembly or placement; and

(2) Performance. Products, methods and systems of construction specifically addressed in the Code through performance criteria shall demonstrate compliance pursuant to Rule 61G20-3.005, F.A.C., and shall be approved pursuant to Rule 61G20-3.007, F.A.C.

Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(5), (7) FS. History–New 5-5-02, Amended 9-4-03, 3-9-04, 11-22-06, Formerly 9B-72.030, 9N-3.003.

2010 Florida Building Code, Building

104.11 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.

Florida Building Code, Residential

R301.2.1.2 Protection of openings.

Windows in buildings located in windborne debris regions shall have glazed openings protected from windborne debris. Glazed opening protection for windborne debris shall meet the requirements of the Large Missile Test of ASTM E 1996, ASTM E 1886, SSTD 12 or TAS 201, 202 and 203 or AAMA 506 referenced therein. Garage door glazed opening protection for windborne debris shall meet the requirements of an approved impact resisting standard or ANSI/DASMA 115.

1. Opening in sunrooms, balconies or enclosed porches constructed under existing roofs or decks are not required to be protected provided the spaces are separated from the building interior by a wall and all openings in the separating wall are protected in accordance with this section. Such space shall be permitted to be designed as either partially enclosed or enclosed structures.

2. Storage sheds that are not designed for human habitation and that have a floor area of 720 square feet (67 m2) or less are not required to comply with the mandatory wind-borne debris impact standard of this code.

3. Ventilation openings in an exterior wall into an attic space in buildings located in windborne debris regions shall have opening protection from windborne debris. Such opening protection into an attic space shall meet the requirements AMCA 540 or shall be protected by an impact resistant cover complying with an approved impact-resistance standard or the large missile test of ASTM E 1996.

Impact resistant coverings shall be tested at 1.5 times the design pressure (positive or negative) expressed in pounds per square feet as determined by the Florida Building Code, Residential Section R301, for which the specimen is to be tested.

Exception: Wood structural panels with a minimum thickness of 7/16 inch (11 mm) and a maximum span of 8 feet (2438 mm) shall be permitted for opening protection in one- and two-story buildings. Panels shall be precut and attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be predrilled as required for the anchorage method and shall be secured with the attachment hardware provided. Attachments shall be designed to resist the component and cladding loads determined in accordance with either Table R301.2(2) or ASCE 7, with the permanent corrosion resistant attachment hardware provided and anchors permanently installed on the building. Attachment in accordance with Table R301.2.1.2 is permitted for buildings with a mean roof height of 33 feet (10 058 mm) or less where Vasd determined in accordance with Section R301.2.1.3 does not exceed 130 miles per hour (58 m/s).

TABLE R301.2.1.2 WINDBORNE DEBRIS PROTECTION FASTENING SCHEDULE FOR WOOD STRUCTURAL PANELS^a, ^b, ^c, ^d

FASTENER TYPE	FASTENER SPACING (inches)^{a, b}
FASTENER TYPE	Panel span ≤ 4 feet	4 feet < panel span ≤ 6 feet	6 feet < panel span ≤ 8 feet
No. 8 wood screw based anchor with 2-inch embedment length	16	10	8
No. 10 wood screw based anchor with 2-inch embedment length	16	12	9
¹/₄-inch lag screw based anchor with 2-inch embedment length	16	16	16

Staff Analysis: Based on the above facts and circumstances, staff provides the following answers to proponent’s questions:

Interpretation No.1

A. Does the Storm Stoppers product as described fall within the scope of the Florida Building Code, Existing Building?

Answer: Answer is not possible. No specific project/level of work was provided.

B. If the answer is yes, then what are the specific Code provisions from the 2010 Florida Building Code, Existing Building, that apply?

Answer: See answer to question A.

Interpretation No.2

Answer: Answer is not possible. Question is too general.

B. Are wood structural panels (i.e. plywood) as-described in the Florida Building Code, Residential, exempt from having to comply with Florida Statutes Section 553.842(5)?

Answer: Answer is not possible. This question does not apply to the Petitioner’s product.

C. If, in the opinion of the Florida Building Commission, wood structural panels (i.e, plywood) are exempt from Florida Statutes Section 553.842 (5), then would Storm Stoppers be entitled to receive the same exempt treatment as wood structural panels assuming the Storm Stopper product is equal to if not better than wood structural panels, for the temporary or emergency protection of window or doors from wind and rain?

Answer: Answer is not possible. This question does not apply to the Petitioner’s product.

D. What is the Florida product approval number for wood structural panels (i.e. plywood) showing that product was approved by the Florida Building Commission?

Answer: Answer is not possible. This question does not apply to the Petitioner’s product.

Interpretation 3:

Does the Storm Stoppers product fall outside the scope of Rule 61G20-3.001, State Product

Approval Program?

Answer: The answer is “Yes”. The product in question is a proposed alternative to the Wood Structural Panels (prescriptive specification method for protection of opening) as specified in Section R 301.2.1.2, Exception, of the Florida Building Code “FBC”, Residential. As per Section 104.11 of the Florida Building Code, Building, an alternative method of construction to that prescribed in the FBC is subject to review and approval by the local building official, when such alternative is substantiated to be equivalent of that prescribed in the FBC in quality, strength, effectiveness, durability and safety. Therefore, the Florida Building Commission has no authority to approve said alternate as part of the State Product Approval Program.