Staff Analysis for Declaratory Statement Request DS2015-007

Issue:

Petitioner requests a declaratory statement concerning Rule 61G20-3 State Product Approval. Specifically, the Petitioner is requesting clarification with regard to whether aluminum and vinyl railings fall within the scope of Rule 61G20-3.

Question #. 1: Do the aluminum and vinyl railings in question fall within the scope of 61G20-3?

Question #. 2: Whether railing products used in Florida have to have a Florida Product Approval number before they can be sold?

Background:

Situation:

Digger Specialties Inc. is a manufacturer of aluminum and vinyl railing products that are distributed across the United States including Florida. This railing is sold through distribution channels. Many of the products we sell have passed IBC, IRC, and FBC testing on them. They are backed by Third Party testing results from commission approved agencies. These Companies are Architectural Testing Inc. and ICC Evaluation Services. Digger Specialties Inc. is looking for clarification on whether railing products used in Florida have to have a Florida Product Approval number before they can be sold. Our customers have been told by local code authorities that they have to have one or they will not approve the product.

Current rule

61G20-3.001 - Scope.

(1) Products in the following categories as defined by subcategories of subsection 61G20-3.002(31), 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; and

(g) Structural Components.

(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.

61G20-3.002 Definitions.

(33) Subcategory of product or construction system means a specific functionality:

(a) For exterior door:

1. Exterior door assemblies: roll-up, sectional, sliding, swinging, automatic; pre-engineered roof access hatches; and products introduced as a result of new technology;

2. Exterior door components and products introduced as a result of new technology;

(b) For windows: awning, casement, dual action, double hung, single hung, fixed, horizontal slider, projected, pass through, mullions, and products introduced as a result of new technology;

(c) For panel walls: siding, soffits, exterior insulation finish system (EIFS), storefronts, curtain walls, wall louver, glass block, and products introduced as a result of new technology;

(d) For roofing products: built up roofing, modified bitumen roof system, single ply roof systems, spray applied polyurethane roof system, roofing fasteners, roofing insulation, asphalt shingles, wood shingles and shakes, roofing slate, roof tile adhesives, cements-adhesives-coatings, liquid applied roof systems, underlayments, metal roofing, roofing tiles, waterproofing, roofing accessories that are an integral part of the roofing system and products introduced as a result of new technology;

(e) For shutters: accordion, Bahama, storm panels, fabric storm panel, colonial, roll-up, pre-engineered equipment, protection, and products introduced as a result of new technology;

(f) For skylights: skylight, and products introduced as a result of new technology; and

(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.

(h) For impact protective systems include types that are fixed, operable, or removable.

Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 4-10-08, Formerly 9B-72.010, Amended 7-14-11, Formerly 9N-3.002, Amended 4-1-14.

Rule 9B-72 Product Approval (PAWG recommendations of 2005)/rule as revised 11-22-06)

9B-72.005 Scope.

(1) Products in the following categories as defined by subcategories of subsection 9B-72.010(29), F.A.C., shall be either approved by the Commission pursuant to Rule 9B-72.090, F.A.C., for use in the state or approved by local jurisdictions pursuant to Rule 9B-72.050, F.A.C., for use within that jurisdiction:

a) Panel Walls;

(b) Exterior Doors;

(c) Roofing Products;

(d) Skylights;

(e) Windows;

(f) Shutters;

(g) Structural components; and

(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.

9B-72.010

(g) For structural components: truss plates, wood connectors, anchors, exterior coolers-freezers, sheds, concrete admixtures, insulation forms systems, engineered lumber, material, plastics, structural wall, roof deck-roof , railing, or other; and. Pre-engineered AC stands and products introduced as a result of new technology.

Staff analysis:

Question#. 1: Do the aluminum and vinyl railings in question fall within the scope of 61G20-3?

Answer: No, as per the definition of “structural component” (see Rule 61G20-3.002) and Rule 61G20-3.001, the products in question fall outside the scope of the state product approval program. However, these products must meet the requirements of the Florida Building Code and are subject to approval by the local authority having jurisdiction.

Question #. 2: Whether railing products used in Florida have to have a Florida Product Approval number before they can be sold?

Answer: See answer to question #1.