Staff Analysis for Declaratory Statement Request DS2015-022

Issue: DS2015-022. Petitioner seeks a Declaratory Statement on status of state rejected Novum Point Supported Glass canopy panels product approval application # 17478 which is deemed by staff to be outside scope of  Rule 61G20-3.001.  The Petitioner requests clarification to the following question:

 

Is a skylight product ineligible for a Florida Product Approval solely because it is not part of the building envelope?

 

Background:

 

Situation:

 

The request focuses on a particular Point Supported Glass canopy panels, offered by Novum Structures.  The petitioner applied for Florida Product approval #FL3885 in January of 2005 for a point supported glass [PSGJ panel skylight system for use on canopies and other similar cladding applications that do not enclose a space. They decided to apply for a renewal of their product approval [under #17478J for 4 minor reasons provided in the Appendix section of the letter. The product itself has not changed in anyway. 

 

Petitioner’s explanation:

 

The reason we indicate that our product is not to be used as part of the building envelope is that it is not designed for, nor been tested for, large or small missile impacts. Per Section 1626 of the 2010 FBC the envelope of a building needs to be impact resistant to avoid internal pressure changes to a building due to penetrations in the envelope during a high wind event. Further, in section 1626.1, exception "a" specifically excludes "canopies" from requiring ballistic testing.

 

We were told back in 2005 that we could forego the missile testing and perform only the

uniform load pressure testing and that this would make our product eligible for a product

approval for use in non-envelope areas such as canopies. This is what we did and we received

product approval and have been installing PSG panels on canopies in Florida since 2005.

The application was rejected by the department who said the product is outside the scope of Rule 61G20-3.001.   We believe the reason we were given that direction and product approval in 2005 was because in the 2010 FBC section 1625.1 and 1625.2 it indicates [paraphrasing) "any construction where there is insufficient evidence of compliance with the code, the building

official may require load testing" and the load testing needed is defined there. As there is no

nationally recognized design standard which provides clear analytical calculation methods,

Point Supported Glass is the type of product that would likely fall into this category of

requiring testing.

We are only asking to renew the approval of a product that has been thoroughly tested and

used successfully in the field for many years.

 

 

Note:  The product in question was first approved in October 11, 2006.  This application has not been updated since its original approval, which was specific to the 2001 FBC.     

 

 

 

Rule 61G20-3 PRODUCT APPROVAL

61G20-3.001 Scope.  (Current Rule)

(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.

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.

 

 

Rule 9B-72 as existed before November 11, 2006

 

(28) Structural component means any part or assembly of a building or structure used or intended to support or shelter any use or occupancy, and which affects the safety of such building or structure or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or to fail, or both.

 

ASCE 7 – 2010 (Minimum Design Loads for Buildings and other Structures)

 

Section 1.2 Denfinition:

Buildings: Structures, usually enclosed by walls and a roof, constructed to provide support or shelter for an intended occupancy.

 

Main Wind-Force Resisting System:  An asseblage of structural elements assigned to provide support and stability for overall structure.  The system generally received wind loading from more than one surface.

 

2010 FloridaBuilding Code, Building 202, Definitions

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

 

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)

 

2010 FloridaBuilding Code, Building 202, Definitions

 

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.

 

2010 FloridaBuilding Code, Building Section 1626

High-Velocity Hurricane Zones—

Impact Tests For Wind-Borne Debris

1626.1

All parts or systems of a building or structure envelope such as, but not limited to, exterior walls, roof, outside doors, skylights, glazing and glass block shall meet impact test criteria or be protected with an external protection device that meets the impact test criteria. Test procedures to determine resistance to wind-borne debris of wall cladding, outside doors, skylights, glazing, glass block, shutters and any other external protection devices shall be performed in accordance with this section.

 

Exception: The following structures or portion of structures shall not be required to meet the provisions of this Section:

 

a.       Roof assemblies for screen rooms, porches, canopies, etc; attached to a building that do not breach the exterior wall or building envelope and have no enclosed sides other than screen.

 

2010 FloridaBuilding Code, Building Section 1625

 

1625.1 Application.

Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that any material or any construction does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require testing by an approved agency, at the expense of the owner or his agent, as proof of compliance. Testing methods shall be as specified by this code for the specific material.

 

 

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.

History.s. 19, ch. 2005-147; s. 66, ch. 2006-1.

 

Staff Analysis:

 

Question: Is a skylight product ineligible for a Florida Product Approval solely because it is not part of the building envelope?

 

Answer/Option #. 1: Yes, as per Rule 61G20-3.001, the product in question would fall outside the scope of the state product approval program. However, the said product must meet the requirements of the Florida Building Code and is subject to approval by the local authority having jurisdiction.

 

Answer/Option #2: No, as long as the applications/limits of use of the product in question are limited to those applications where the said product is directly attached or applied to the building envelop.  Standalone (open structure) applications of the product in question fall outside the scope of the state product approval program.  However, Standalone (open structure) applications must meet the requirements of the Florida Building Code and are subject to approval by the local authority having jurisdiction.