Florida Building Commission

Product Approval
Program Oversight Committee (POC)

MINUTES

March 17th 2008
1.00 pm – 3.20pm

Embassy Suites Tampa
USF/Near Busch Gardens

3705 Spectrum Blvd, Tampa, Florida, United States 33612-9412
Tel: 1-813-977-7066   Fax: 1-813-977-7933

Product Approval POC Attendees: Ed Carson - Chair, Herminio Gonzalez, Nan Dean, Chris Schulte and Do Kim. Staff present were Mo Madani, Joe Bigelow and Azhar Khan.

There was a quorum present.

1.  The agenda was modified to move approval of products to item 2 on the agenda.

Jan 28th Minutes were approved as presented.

2. Ted Berman & Associates Report
A. Review product approval and entity applications.

The following entities were recommended for approval.

TST 2609

Architectural Testing, Inc. - California

Product Testing Laboratory

TST 3892

Hurricane Test Laboratory, LLC - Georgia

Product Testing Laboratory

VAL 1620

Window and Door Manufacturers Association

Product Validation Entity

VAL 7331

American Architectural Manufacturers Association (AAMA)

Product Validation Entity

The following entity were recommended for denial.

CER 7243

NSF International

Product Certification Agency

See Administrators Final Report for Product Approval Applications details.

Committee directed staff to include as an item to add to future agenda to discuss the status of old test reports.

3. Product Approval and Entities Statistics Report. Staff presented the current entities and product statistics from inception of the program through 3/6/2008.

4. Product Approval Program Issues – Staff Recommendations

 

A. Staff and Administrator sought clarification on the following issues:

 

The issues are as follows:

  1. On the scope of evaluation report under certification method and means of compliance.    Deferred until next meeting

 

 

  1. On the scope of certification agencies performing validations without a Florida Professional Engineer on staff.

 

-         Certification agencies are authorized to validate within their scope of accreditation and approval.  The rule does not require that the certification agency must retain a Florida Professional Engineer on staff.

 

  1. Staff and Administrator seek clarification on the timeline of the completion deadline.

 

Staff recommends language for completion deadline to be changed as follows:

 

“Product Approval applications must be submitted, validated, and reviewed by the administrator and re-validated if needed, and given recommendations for approval by the Administrator by this deadline date. NOTE: To allow time for preliminary review by the Administrator, you should submit your application five days in advance of the deadline. However, there should be no reasonable expectation that the application will be placed on the consent agenda with an approval recommendation, by simply meeting this time suggestion. Recommendation for approval by the Administrator must be completed within seven days after the deadline.

 

This process will allow for greater application review and discussion time.  If an applicant responds with correct changes given by the Administrator prior to the Completion Deadline, the application will go through and be recommended for approval.  If an applicant does not respond and any deficiencies are not rectified, the application will be incomplete and will not be considered at this meeting.  Incomplete applications can be eligible for consideration at the subsequent meeting if completed. 

 

This will allow the Administrator to resolve minor outstanding issues such as receiving signed and sealed reports.

 

  1. If any report or installation instructions refer to compliance with the 2001 or 2004 FBC, is the “Affirmation” acceptable.

 

Yes, as long as the standard(s) has not changed and the supporting documentation attest to the compliance to the 2007 code or has no reference to the code sections that have changed in the new code. However, should documentation reference to the code conflicts with the new code, the manufacturer may provide documentation to substantiate compliance through the revision process.

 

  1. If a certificate, evaluation, QA agreement or test report indicates a date, what would be the minimum length of time after 10/1/2008 required for document’s expiration for its acceptance.

 

Answer:  with exception of a valid date for QA contract, there is no expiration dates for the documents stated above in Rule 9B-72. However, in the Certification Method, the compliance documentation must be current, not expired suspended or revoked.

 

B. Product Approval Administrator’s Performance survey was considered by POC. Responses in the survey consisted of Good and Excellent ratings. 

5. Product Approval Declaratory Statements
A.
DCA08-DEC-047 by Abe Sacks, Chairman, Structa Wire Corp

POC voted with Staff recommendation. Structa Wire Products fall outside the scope of Rule 9B-72.

 

Final Comments by the Public

1)      Jaime Gascon asked a question concerning conditional approvals as to whether conditional approvals will have to go to the validator. The POC response was in agreement. Jaime Gascon also requested that POC approve applications under consent by compliance methods. The chair was in agreement.

2)      Warren Schafer inquired whether there was any requirement to state the year in the compliance documents for an application. The POC responded by stating that there was no such requirement.

6. Adjourn

The committee adjourned at: 3.20 pm

 

Action need by the Commission:

Commission Actions – Product Approval POC:

1. The Committee recommends the following four entities for approval:

TST 2609

Architectural Testing, Inc. - California

Product Testing Laboratory

TST 3892

Hurricane Test Laboratory, LLC - Georgia

Product Testing Laboratory

VAL 1620

Window and Door Manufacturers Association

Product Validation Entity

VAL 7331

American Architectural Manufacturers Association (AAMA)

Product Validation Entity

The Committee recommends the following one entity for denial:

CER 7243

NSF International

Product Certification Agency

 

2. The Committee recommends the products listed in Administrator's report be approved, deferred, conditionally approved or denied as per voted on by the Committee.