Florida Building Commission

Product Approval POC

August 8, 2013 Teleconference Meeting Summary Report

C.9. Complaint Regarding FL 16057 Zion Tile Corp. Discussion

A complaint was made by Dan Arguelles regarding roof tile products made by Zion Tile Corp. Mr. Arguelles alleged that the Zion Tile Corp. is distributing non-compliant roof tiles in Miami-Dade County based on the approval of product #FL 16057. Members of the public were offered opportunities to provide feedback. Jon Hill of Keystone Certifications Inc. indicated that Keystone is providing quality assurance for Zion tiles and is in the process of correcting any product deficiencies. He also indicated that the complaint alleges the tile does not meet thickness requirements required for the product approval, and his site evaluations indicate the tile is within the parameters of their product approval. The POC decided to take no formal action on the complaint at this time, and instructed Keystone to provide an update on the situation for the October POC meeting.

Following questions and answers, and an opportunity for public comment and POC discussion, the POC took the following action:

POC Actions:

Motion—The POC voted unanimously, 4 - 0 in favor, to receive an update on the issue from Keystone Certifications at the next POC meeting (October 2013).

Florida Building Commission

Product Approval POC

October 3, 2013 Teleconference Meeting Summary Report

C.9. Update from Keystone Certification Regarding FL 16057 Zion Tile Corp.

A complaint was made by Dan Arguelles regarding roof tile products made by Zion Tile Corp. Mr. Arguelles alleged that the Zion Tile Corp. is distributing non-compliant roof tiles in Miami-Dade County based on the approval of product #FL 16057 and the issue was discussed at the August 2013 meeting. Jon Hill of Keystone Certifications Inc. indicated that Keystone is providing quality assurance for Zion tiles and is in the process of correcting any product deficiencies. He also indicated that the complaint alleges the tile does not meet thickness requirements required for the product approval, and his site evaluations indicated the tile is within the parameters of their product approval. The POC decided to take no formal action on the complaint at that time, and instructed Keystone Certifications, Inc. to provide an update on the situation for the October POC meeting.

Subsequently, Jon Hill from Keystone Certifications, Inc. provided a written update that is linked to the October 3, 2013 on-line agenda. Jon indicated that Keystone Certifications, Inc. is working with Zion Tile Corporation of Miami to address any deficiencies in a timely manner.

Legal staff April Hammonds advised that the Product Approval Rule requirements pertaining to alleged product deficiencies instruct that product approval suspensions or revocations shall be initiated for a failure to correct manufacturing deficiencies required to bring the product within specifications of the originally approved product, and that according to their Quality Assurance Entity, Keystone Certifications, Inc., the manufacturer is in process of making the changes prescribed by Keystone to correct identified issues.

There was extensive public comment and discussion on both sides of the issue. POC members expressed concern over the possibility that products are allegedly being installed not meeting the requirements of their product approval. April Hammonds, FBC Attorney, advised that the Rule requires that the Commission shall initiate an investigation based on a written complaint containing substantial material evidence by any substantially affected party. This is a high threshold to achieve, that to date has not been adequately documented.

Following questions and answers, and an opportunity for public comment and POC discussion, the POC took the following action:

POC Actions:

Motion—The POC voted unanimously, 3 - 0 in favor, to instruct Keystone Certifications, Inc. to continue to work with the manufacturer (Zion Tile Corporation of Miami) to address issues/deficiencies and for Keystone to conduct a site inspection and report back to the POC at the December 2013 POC meeting.

Florida Building Commission

Product Approval POC

December 4, 2013 Teleconference Meeting Summary Report

C.5. Update from Keystone Certification Regarding FL 16057 Zion Tile Corp.

A complaint was made by Dan Arguelles regarding roof tile products made by Zion Tile Corp. Mr. Arguelles alleged that the Zion Tile Corp. is distributing non-compliant roof tiles in Miami-Dade County based on the approval of product #FL 16057 and the issue was discussed at the August 2013 and again at the October 2013 meeting. Jon Hill of Keystone Certifications Inc. indicated that Keystone is providing quality assurance for Zion tiles and is in the process of correcting any product deficiencies. He also indicated that the complaint alleges the tile does not meet thickness requirements required for the product approval, and his site evaluations indicated the tile is within the parameters of their product approval. At the October meeting the POC decided to take no formal action on the complaint at that time, and instructed Keystone Certifications, Inc. to provide an update on the situation for the December POC meeting.

Subsequently, Jon Hill from Keystone Certifications, Inc. provided a written update that is linked to the December 4, 2013 on-line agenda. Jon indicated that Keystone Certifications, Inc. is working with Zion Tile Corporation of Miami to address any deficiencies in a timely manner. Jon reported that Keystone performed the POC-requested additional site inspection on Monday, November 18th. This inspection included a dimensional evaluation of multiple tiles contained in nine of sixteen pallet/bins from a shipment received at the Zion Tile facility on November 15th, 2013. The measurements taken indicate the tiles conform to the product represented by FL#16057, with dimensional tolerances as defined in ASTM C1167 “Standard Specification for Clay Roof Tiles”. Samples from this shipment were also selected for independent lab physical testing per the Florida Building Code and ASTM C67, “Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile”. Keystone also performed an inspection at 1461 Mendavia Ave Coral Gables, Fl. the site of a recent complaint. Dimensional measurements of the tile found at this site indicated non-conformance with the product represented by FL#16057, however, Zion Tile has agreed to replace the non-conforming tile in accordance with their documented complaint-handling procedures. Keystone will ensure records exist that demonstrate this complaint was resolved per that procedure during our next scheduled annual inspection in 2014. Additionally, Zion Tile has successfully completed testing and is now in the process of applying for Florida Product Approval for the thinner-dimensioned tile.

There was extensive public comment and discussion on both sides of the issue. April Hammonds, FBC Attorney, advised that the Rule requires that the Commission shall initiate an investigation based on a written complaint containing substantial material evidence by any “substantially affected party”. This is a high threshold to achieve, and typically a “substantially affected party” is determined to be a homeowner impacted by the matter or a building official acting in their official capacity. During the discussions it came to light that Zion Tile and Artezanos, Inc. are currently in litigation and on this basis April Hammonds strongly recommended that the proper course of action would be a recommendation to the Commission to close the matter and defer any action pending resolution of the civil litigation. April advised it is innappropriate for the Commission to render recommendations on a matter that has civil litigation pending.

Following questions and answers, and an opportunity for public comment and POC discussion, the POC took the following action:

POC Actions:

Motion—The POC voted, 3 – 2* in favor (60% in favor), to recommend the Commission close the matter and not to consider any actions pertaining to this matter pending resolution of civil litigation between the parties.

* The motion failed as a result of not achieving the 75% or greater in favor threshold requirement for a consensus recommendation.

Motion—The POC voted, 4 – 1 in favor (80% in favor), to recommend the Commission initiate an investigation regarding FL#16057 in accordance with the provisions of Rule 61G20-3.013 (Revocation or Modification of Product Approvals and Entity Certifications) and 61G20-3.014 (Investigations).