STATE OF
BUILDING COMMISSION
In the Matter of
American Architectural Manufacturers
Association, Case #: DCA10-DEC-217
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Dwight S. Wilkes, Southeast Regional Codes and Standards Consultant for American Architectural Manufacturers Association, which was received on November 1, 2010. Based on the statements in the petition and the information subsequently submitted, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner participates in the statewide system of product approval as an approved certification agency and an approved validation entity.
3. Specifically, the Petitioner certifies and validates documentation for products subject to AAMA 506-06, a standard adopted within the Florida Building Code.
4. The Petitioner asks whether the Florida Building Code allows substitution of anchors and installation into different substrates for a product submitted using the Certification Method and using AAMA 506-06 through engineering practice and submission of additional information?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code and Rule 9N-3, Florida Administrative Code, by entering a declaratory statement.
2. Section 1714.5.4.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009), states:
Anchoring requirements. Window and door assemblies shall be anchored in accordance with the published manufacturer's recommendations to achieve the design pressure specified. Substitute anchoring systems used for substrates not specified by the fenestration manufacturer shall provide equal or greater anchoring performance as demonstrated by accepted engineering practice.
3. Section 7.1, AAMA 506-06, states:
Test specimen shall be mounted using anchors and anchor spacing for which approval is desired. To qualify more than one anchor type, at least one of the test samples must be tested with that anchor and its appropriate framing material (i.e. wood, masonry, etc.).
4. Section 102.4, Florida Building Code, Building Volume (2007 as amended October 1, 2009), states:
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
5. Therefore, based on the foregoing, Section 1714.5.4.1 of the Florida Building Code, Building, allows substitute anchoring systems for different substrates using rational engineering analysis or "accepted engineering practice", however, this authorization is restricted to circumstances where the anchor spacing has not been changed or altered from the original test.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED this ______ of _____________, 2011, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2011.
______________________________
PAULA P. FORD
Commission Clerk
Via
Dwight S. Wilkes Mo Madani, C.B.O. Manager
Southeast Regional Codes Codes and Standards Section
and Standards Consultant Department
of Community Affairs
American Architectural 2555
Shumard Oak Blvd.
Manufacturers Association Tallahassee,
FL 32399-2100
632 Casa Fuerta Lane
Saint Augustine, Florida 32080-7107