Staff Analysis for Declaratory Statement Request DS2016-050

Issue: Petitioner seeks a Declaratory Statement on determination of whether the FL20760 application falls within the scope of the Florida Product Approval Rule and may therefore be considered/approved by FDBPR Staff, by the Product Approval POC, and then by the full Florida Building Commission through the normal product approval process.

Question:

Does the product in FL20760 fall within the scope of Product Approval Rule 61G20-3.001?

Background:

Petitioner's Representative Lucas Turner on behalf of client Deco-Flash submitted Florida Product Approval application FL20760 for statewide approval of the Deco-Flash product. Florida DBPR Staff indicated that the Deco- Flash product does not fall under the scope of the Product Approval Rule 61G20-3.001. Prospective Deco-Flash clients have indicated to John Rosende that they would only purchase and use the Deco-Flash product if it had statewide Florida Product Approval, so there is a substantial effect for the Deco- Flash business if the application is not approved.

The Deco-Flash product is essentially a hybrid between a window buck and a window flashing, and combines those functions. It is a physical exterior-facing interface between the window and the wall opening, so it definitely comprises part of the building envelope. Because the window products will be installed through the Deco-Flash product and into the substrate, the Deco-Flash is also a structural component and part of the load path from the window to the substrate.

The breadth/depth of different types of window installations through bucks were too complex to provide a blanket structural approval of the Deco-Flash product, so it was indicated in the FL20760 application documents that the structural aspect of installing windows through it were up to the window manufacturer's requirements as approved by the design professional or building authority. So the structural aspect is addressed in the application by referral to window requirements. The application also addresses the Flashing code compliance, and the plastics component testing compliance for the Deco-Flash PVC.

Because of the nature of this product, the category for submittal under Rule 61G20-3 was uncertain, so 'Windows' category and 'Products Introduced as a Result of New Technology' subcategory were selected.

Petitioner believes that this product does fall within the scope of the Rule and should be allowed.

Evaluation report as submitted:

….Structural adequacy of the Deco-Flash product or its anchorage, or the attachment and integration of the Deco-Flash product to the drainage plane or water management system of the wall construction are beyond the scope of this evaluation.

…Tested to ASTM E 331 and TAS 202 air /water

Rule 61G20-3 PRODUCT APPROVAL

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;

(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.

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.

5^th Edition (2014) Florida Building Code, Building

Chapter 2 Definitions

[A] STRUCTURE. That which is built or constructed.

STRUCTURAL DETERMINATION. For purposes of this code, “structural” shall mean any part, material or assembly of a building or structure which affects the safety of such building or structure and/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 fail.

Prior approvals:

Roof Insulation Applications

(1) The approval is limited to roof insulation

(2) Fire classification and thermo performance of the insulation is not part of the approval

(3) Not a structural component – may be considered part of the load path

(4) Scope of approval is limited to an approved roof covering which list specific insulation as a component part of an approved roof assembly

Staff Analysis:

Question:

Does the product in FL20760 fall within the scope of Product Approval Rule 61G20-3.001?

Answer:

Option #1/Petitioner: Petitioner and Petitioner’s representative clearly believe that this product does fall within the scope of the rule and should be allowed. This is because the window products will be installed through the Deco-Flash product and to the substrate, the Deco-Flash is also a structural component and part of the load path from the window to the substrate.

Option #2/Petitioner/Staff: Petitioner and Petitioner’s representative clearly believe that this product does fall within the scope of the rule and should be allowed. This is because the window products will be installed through the Deco-Flash product and to the substrate, the Deco-Flash is also a structural component and part of the load path from the window to the substrate. However, the scope of the approval is limited to an approved window or door which lists Deco-Flash as component part of an approved door or window assembly.

Option #3/Staff: No, this product is outside the scope of the state product approval program. However, the product in question is subject to approval by the local authority having jurisdiction