Staff Analysis for Declaratory Statement Request DS2014-086

July 3, 2014

Issue: DS2014-086. Petitioner seeks a Declaratory Statement on status of state approved product (a garage door) if product is modified at the time installation including the following provisions/sections: Rule 61G20-3.007, Section 553.8425(3), Florida Statutes and Section R301.2.1.2 of the 2010 Florida Building Code, Residential. The Petitioner requests clarification to the following questions:

1. If a vent is installed in the door, is the state approval still valid if the approval does not include allowance for a vent?

2. Is there any difference in the answer to #1 above for a door involving a vent for flood control versus a vent for air ventilation?

3. Does the size of the vent itself make a difference in the answer to Question #1?

Background:

Situation:

The request focuses on a particular Florida state approved garage door, offered by Overhead Door Corporation, with glazing in the top section for a garage in New Port Richey, Florida. The door is listed in the Florida Building Code Information System (BCIS). The door does not have a Miami-Dade County Notice of Acceptance (NOA). The door model has been tested for impact resistance without allowance for vents. A vent in the bottom garage door panel is needed for flood control, as a modification for this specific project. Our questions are as follows:

Rule 61G20-3 PRODUCT APPROVAL

61G20-3.002 Definitions.

(24) Product Approval:

State product approval means the approval of a product or system of construction by the Commission for acceptance of a product on a state or regional basis consistent with an evaluation conducted pursuant to Rule 61G20-3.005, F.A.C. In addition, this includes the approval of a product by the Department pursuant to paragraph 61G20-3.007(1)(d), F.A.C.

61G20-3.005 Product Evaluation and Quality Assurance for State Approval.

(1) Method 1. Products specifically addressed in the Code through performance criteria and standard test methods or standard comparative or rational analysis methods, which cannot be approved through the plan review and inspection process, shall demonstrate compliance with the Code through one of the following:

(a) A certification mark or listing from an approved certification agency indicating that the product is in compliance with the Code. Indication of compliance shall be by certification to standards adopted by the Code.

(b) A test report from an approved testing laboratory, which identifies which products are covered by the test report and provides verifiable documentation indicating the product tested complies with the Code.

(c) An evaluation report from an approved product evaluation entity that covers the subject product and, based upon standard tests or standard comparative or rational analysis, or a combination thereof, indicates that the product was evaluated to be in compliance with the Code and that the product is, for the purpose intended, at least equivalent to that required by the Code.

(d) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer developed and signed and sealed, based upon standard tests or standard comparative or rational analysis, or a combination thereof and indicates that the product was evaluated to be in compliance with the Code and that the product is, for the purpose intended, at least equivalent to that required by the Code.

(e) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code.

(f) A legacy report from a nationally recognized model code organization may be used if the report demonstrates compliance with the Code.

(g) Products required to demonstrate compliance using referenced testing standard(s) and also requiring rational analysis that falls outside the scope of the agency certificate designating product certification, must demonstrate compliance using an evaluation report from an approved evaluation entity.

(2) Method 2. Products for which there are no specific standardized tests or comparative or rational analysis methods of evaluation established as required by the Code shall demonstrate compliance with the intent of the Code through one of the following:

(a) An evaluation report from an approved product evaluation entity and provides verifiable documentation indicating the product complies with the intent of the Code.

(b) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer based on testing or comparative or rational analysis or combination thereof, which provides verifiable documentation indicating the product complies with the intent of the Code.

(c) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code.

(d) A legacy report from a nationally recognized model Code organization may be used if the report demonstrates compliance with the code.

(3) Products listed in Rule 61G20-3.001, F.A.C., shall be manufactured under a quality assurance program audited by an approved quality assurance entity.

(4) Evaluation Report and Test Report Documentation Requirements. All reports and documentation required in subsections 61G20-3.005(1) and (2), F.A.C., shall contain the information listed below. Design drawings submitted for permitting purposes are not to be construed to be an evaluation report and do not require this information. When the Code requires a standard test as a component of a product approval using the evaluation methods, the test lab must be accredited by an approved accreditation body for the test performed. The entity issuing the evaluation report or certification is responsible to ensure that the test lab is accredited.

(a) Name and address of the manufacturer, evaluation entity, engineer or architect or testing laboratory.

(b) Statement of compliance with the appropriate section or standard of the Code.

(c) Complete description of the product, including all drawings, manufacturer’s product designations and materials, except materials specifications identified as proprietary.

(d) Technical documentation, including all substantiating data, supporting the compliance statement. Substantiating data shall include all test reports and calculations which may be referenced within the evaluation report.

(e) Installation requirements. Installation instructions including attachments shall be developed by an evaluation entity, test lab or by the manufacturer’s licensed design professional. Exception: Installation instructions for windows including attachment, at minimum shall include the following:

1. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;

2. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;

3. Spacing of anchors, shims, accessory items and straps; and

4. Illustrated diagrams of the attachment of the product to the structure.

(f) Limitations and conditions of use.

(g) Certification of independence in conformance with Rule 61G20-3.009, F.A.C.

(h) Name, title and signature of person authorized to sign on behalf of entity or signature, registration number and seal in the case of architects and engineers.

(5) The following documents shall be submitted for approval of listed products or products bearing a certification mark or an approved certification agency as complying with the standards established by the Code:

(a) Name and address of manufacturer and certification agency.

(b) Manufacturer’s product model number or identifier and product description.

(c) Indication of the standard the product was tested to.

(d) Performance level of the product and conditions or limitations of use.

(e) Installation requirements. Exception: Installation instructions for windows including attachment at minimum shall include the following:

1. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;

2. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;

3. Spacing of anchors, shims, accessory items and straps; and

4. Illustrated diagrams of the attachment of the product to the structure.

(f) Agency certificate designating product certification.

(6) Review and verification of installation instructions required under paragraph 61G20-3.005(4)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System on the Internet, www.floridabuilding.org, they shall be reviewed or verified by the evaluation entity, test lab, the architect or engineer of record, or by a manufacturer’s licensed design professional.

(7) Review and verification of installation instructions required under paragraph 61G20-3.005(5)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System, www.floridabuilding.org, they shall be reviewed or verified by the certification agency or by a manufacturer’s licensed design professional.

61G20-3.007 Product Approval by the Commission.

(1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following steps:

(a) A product manufacturer or owner of a proprietary system or method of construction, or its designee (applicant) shall apply to the Commission for approval by filing an application in accordance with subsection 61G20-3.011(2), F.A.C., validated in accordance with Rule 61G20-3.006, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

(b) The applicant submits all documentation required and fees in accordance with Rule 61G20-3.005 and subsection 61G20-3.007(2), F.A.C., respectively.

(c) With exception to product applications submitted pursuant to paragraph 61G20-3.005(1)(a) or 61G20-3.005(1)(c), F.A.C., upon Commission acceptance of the required documentation pursuant to Rule 61G20-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 61G20-3.006, F.A.C., the Commission may approve the product for use statewide in accordance with its approval and limitations of use unless credible evidence is provided questioning the validity of the documentation submitted in support of the application for approval.

(d) Product Application that rely upon a product certification mark or listing from an approved certification agency or an evaluation report from an approved evaluation entity shall be approved for use statewide in accordance with its approval and limitations of use to demonstrate compliance with the Code as follows:

1. An application of a product submitted for state acceptance pursuant to paragraph 61G20-3.005(1)(a) or 61G20-3.005(1)(c), F.A.C., shall be approved by the Department after the Program System Administrator (the “Administrator”) verifies that the application and required documentation as per Rule 61G20-3.006, F.A.C., are complete.

2. The verification by the Administrator must be completed within 10 business days after receipt of the application.

3. Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved products maintained by the BCIS. Approvals by the Department shall be reviewed and ratified by the Commission’s Program Oversight Committee (“POC”) except for a showing of good cause that a review by the full Commission is necessary. The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrative Register. Comments concerning such products shall be accepted utilizing the BCIS.

4. For the purpose of curing deficiencies identifed within product applications approved under this section, the following steps will be undertaken:

a. If a comment is received on a Department approved Product, the Administrator shall immediately evaluate the comment and determine whether the comment is technically relevant;

b. If the comment as determined by the Administrator is technically significant, the Administrator shall post the comment received in the comment box for the application;

c. The Administrator shall immediately notify the manufacturer of the comment received on his or her application requesting that the manufacturer respond to the comment and revise the application as deemed necessary; and

d. Any comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission. Any party in disagreement with the POC action on a comment is authorized to bring the matter before the Commission by providing public comment to the Commission during its meeting following POC consideration.

e. The Commission shall review the products as recommended by the POC and comments submitted in opposition to the POC recommendation and either ratify the Department’s approval of the product or direct further action by the POC, the Administrator or the applicant as necessitated by the particular circumstances.

(e) Approval shall be valid until such time as the product changes decreasing the product’s performance, the standards or provisions of the Code affecting the product change, or the approval is otherwise suspended, revoked, or superseded by a Commission approved revision to the approval. Changes to the Code shall not be construed as voiding the approval of products previously installed in existing buildings provided such products met building code requirements at the time the product was installed.

(f) When a new edition of the Code does not require a material or substantive change for an approved product, the manufacturer of the approved product shall affirm that his or her approved product meets the new edition of the Code. As part of application for self-affirmation, if the evaluation report refers to the previous edition of the Code, the manufacturer of the approved product shall submit a statement from an approved evaluation or validation entity that the product complies with the subsequent code version via an attachment uploaded and submitted through the BCIS. Self-affirmation is subject to review and verification by the Program Administrator.

(g) Manufacturer or the manufacturer’s designee shall notify the Commission if it makes changes to the product which decrease the product’s performance.

(h) Manufacturer shall notify the Commission when the quality assurance requirements of subsection 61G20-3.005(3), F.A.C., are no longer in place.

(2) Fees for state approval of products.

(a) Fee for approval, Five Hundred Dollars ($500.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly.

(b) Fee for reinstatement after suspension, Fifty Dollars ($50.00) per product, plus billable staff hours at Fifty Dollars ($50.00) per hour, plus consultant fees.

(c) Fees for approval of evaluation entities, certification agencies, testing laboratories and validation entities; for first time approval, Six Hundred Dollars ($600.00), annual renewal fee, Two Hundred Fifty Dollars ($250.00), revision fee, Two Hundred Dollars ($200.00).

(d) Fee for revision of an existing approval, Five Hundred Dollars ($500.00) for a revision that results in a material change to the performance of a product or product design specification or both, and which may include addition of products within the same subcategory.

(e) Fee for editorial revisions of an existing product approval that does not result in material change to the performance of a product or product design specification or both, One Hundred Fifty Dollars ($150.00).

(f) Fee for affirmation of an existing product approval for compliance with a new edition of the standards adopted by the Code, One Hundred Dollars ($100.00).

(3) Applications, affirmations and revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check.

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.

2010 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.

Staff analysis: Based on the above facts and circumstances, staff provides the following analysis:

Question 1: If a vent is installed in the door, is the state approval still valid if the approval does not include allowance for a vent?

Answer: No, installation of the vent in the door in question is considered modification to the said approval. The state approval would not be valid because the product was approved based on specific testing and evaluation/limitation of use which did not include the allowance for a vent. However, modifications to the product in question can be made per F.S. 553.8425 (3), if such modifications are acceptable to the building official and substantiated through sufficient evidence 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.

Question 2: Is there any difference in the answer to #1 above for a door involving a vent for flood control versus a vent for air ventilation?

Answer: No. Also, see answer to question #1

Question 3: Does the size of the vent itself make a difference in the answer to Question #1?

Answer: No. Also, see answer to question #1.