STATE OF
BUILDING COMMISSION
In the Matter of
CUSTOM HURRICANE PRODUCTS Case #: DCA10-DEC-219
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from David G. Karins, P. E., representing Custom Hurricane Products, which was received on November 2, 2010, and subsequently amended on November 16, 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 manufactures products that are utilized in construction that is subject to the requirements of the Florida Building Code.
3. Specifically, the Petitioner manufactures fabric panels intended for use as storm shutters in the high-velocity hurricane zone.
4. The Petitioner would like to obtain product approval for its products for use within the high-velocity zone and poses the following questions related to the requirements of Section 1613.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009):
(a) Does the deflection and L/30 apply to positive pressures only or does L/30 apply to negative pressure as well?
(b) Does the deflection criteria and L/30 apply to flexible materials such as shutters fabricated from screen materials unlike a rigid material such as plastic or aluminum?
(c) How is the L/30 deflection limit applied? Does it apply to overall system or to individual components?
(d) Does the L/30 apply to two-way systems or one-way systems?
(e) If the clear separation of the glass is limited to maximum of 2 inch (negative pressure) and a minimum of 1 inch (positive pressure), does this mean the system can only deflect a maximum of ˝ inch in each direction with the system being placed at 1-1/2 inch away from the glass?
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 1613.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009), provides the following requirement relating to the high velocity hurricane zone:
Allowable deflections. The deflection of any structural member or component when subjected to live, wind and other superimposed loads set forth herein shall not exceed the following:
. . .
9. Storm shutters and fold-down awnings, which in the closed position shall provide a minimum clear separation from the glass of 1 inch (25 mm) but not to exceed 2 inches (51 mm) when the shutter or awning is at its maximum point of permissible deflection L/30
3. The foregoing expresses a clear and unambiguous, mandatory requirement applicable to storm shutters without differentiating between, or discriminating against any particular material or method of construction. The Commission will apply this provision to the Petitioner’s questions in the order presented in the following paragraphs.
4. The deflection and L/30 as provided in the foregoing section of the Code apply to both positive and negative pressure.
5. Section 1613.1.9, Item (9), applies to all storm shutters regardless of the products’ materials or physical properties, including flexible materials.
6. The L/30 deflection limit applies to both the storm shutter “system” and components thereof.
7. The L/30 applies to both one-way and two-way systems as described in the Petition.
8. The Petitioner’s final question misconstrues the requirements of the section of the Code. As required by Section 1613.2, the clear separation must be a minimum of 1 inch and the deflection limit of the shutter “fabric” must not exceed 2 inches.
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, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission. A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3), Florida Statutes.
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
Bob Deboth Mo Madani, C.B.O. Manager
Custom Hurricane Products Codes and Standards Section
2018 58th
Avenue Cir E Department of Community
Affairs
Bradenton, Florida
34203 2555
Shumard Oak Blvd.
Tallahassee, FL 32399-2100
David G. Karins, P.E.
Karins Engineering Group, Inc.
2017 Fiesta Drive
Sarasota, Florida 34231