Issue: DS 2013-046 by Sal Delfino of Petersen Aluminum Corp. The Petitioner requires clarification with regard to Rule 61G20-3.005 and Rule 61G20-3.007 and the applications of these rules to Portable Rolforming Machines (PRM). The following are the Petitioner

Question #1: Is a contractor/fabricator (the entity actually manufacturing/rolling the metal roofing panels) required to have FL Product Approvals in their name with a Quality Assurance Program from a recognized QA Agency?

Question #2: Can a contractor/fabricator (the entity that is actually manufacturing/rolling the metal roofing panels) utilize the Product Approvals that belong to the raw material provider for obtaining a permit?

Question #3: Can PAC provide raw materials for a customer to manufacture a metal roofing panel that is identical to PAC's metal roofing panel on the customer's PRM and allow the same customer to use PAC's Florida Statewide Product Approval to obtain a permit?

Background

Situation:

PAC maintains a large number of Florida Statewide Product Approvals for their metal roofing systems manufactured in their production plants. FL5562 is just one example of a State of Florida Product Approved Standing Seam Metal Roofing Panel manufactured by PAC.

PAC seeks clarification regarding the distribution of raw materials and accessories such as steel & aluminum coils for use by their customers on their customer's Portable Rollforming Machines (PRM).

A PRM is a machine that can manufacture a metal roofing panel on the jobsite identical to what PAC manufactures in their production facilities.

PAC's customers have requested that PAC supply them with raw materials for the manufacturing of metal roofing panels on the customer's PRM.

Along with this request, the customers are asking for PAC to provide a corresponding PAC Florida Statewide Product Approval for the customer's use in obtaining a permit.

PAC prides itself on code compliance and is concerned that fulfilling these requests is outside the intent of the Florida Building Code and the Product Approval Program.

Rule 61G20-3 Product Approval

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

(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.

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), 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.

Notes:

- Rule 61G20-3.007, FAC, specifically allows application for Commission approval of a prduct to be sumbitted by a “product manufacturer or owner of a proprietary sytem of method of construction, or its designee..”

- The state product approval is not specific to to any particular location of manufacturing activities, but are focused on the charateristices of the product for which approval is sougth.

- The state product approval is contingent upon the technical documentation submitted with the application for approval that indicates compliance with the Florida Building Code and the product is manufactured subject to a quality assurance progarm that is audited by a thired-partuy quality assurance entity approved by the Commission for that purpose.

Summary: August 8, 2013

Questions 1 and 2 are too general in scope for a declaratory statement and their issues can be

resolved in the context of the answer to Question #3. The recommended answer to Question #3 is

as follows:

Yes. As long as, the metal roofing panels are manufactured in according with the PAC’s Product

Approval and subject to the quality assurance program for the said approval.

Overview of Discussion During the POC Meeting:

The Petitioner provided the POC with an overview of the issue and noted he would like additional

clarification to the staff recommendations. An opportunity was provided for public comment

including opportunities for the Petitioner to ask additional questions and provide additional

comments. Subsequent to public comment, the POC discussed the issue and during the course of

the POC’s discussions the Petitioner, Sal Delfino, requested the POC recommend deferral on the

Petition so he could amend his Petition to be more specific to what he would like to have

clarification on. Mr. Delfino agreed to waive his right to a response within 90 days, and again

requested deferral on the Petition to the October 2013 meeting.

POC Actions:

MOTION—The POC voted unanimously, 4 – 0 in favor, to recommend the Commission defer

action on the Petition to allow the Petitioner time to amend declaratory statement DS 2013-046.

Staff analysis:

Answer: Providing answer to this question is not possible since the question is too general.

Also, see answer to Question # 3.

Answer: No possible answer. The question is too broad in scope.

Answer: Yes. As long as, the metal roofing panels are manufactured in according with the specifications and limitation of use of the PAC’s State Product Approval and manufactured under a quality assurance program that is audited by a third-party quality assurance entity approved by the Florida Building Commission for that purpose.