Florida Building Commission

Product Approval/Manufactured Buildings

Program Oversight Committee (POC)

 

Minutes

January 24, 2011

9:00 A.M.

 

2555 Shumard Oak Boulevard, Room 210L

Tallahassee, FL 32305

 

Product Approval Program Oversight Committee members present:  Ed Carson, Chair, Chris Schulte, Herminio Gonzalez, Tim Tolbert, Jeffrey Stone, and Nicholas Nicholson

Absent:  John Sherer.  DCA and Commission Staff attending included:  Mo Madani, Suzanne Davis, and Ted Berman. 

 

1.                  The Meeting was called to order at 9:00 A.M. by Chairman, Ed Carson. The agenda was approved.  The minutes were approved as amended to clarify that Chris Shulte was absent from December’s Meeting.

 

1.                  Product Approval Program issues

 

A.    Staff presented the Product Approval Entities and Statistics Report (1/1/2006 – 1/13/2011).

 

B.     Product Approval Administrator’s Survey – staff reported that the overall rating for this cycle was good to excellent.

 

2.                  Discussion Items:

 

A.    Review and provide recommendations to the Commission on the following Declaratory Statement:  DCA10-DEC-248 The POC accepted the staff recommendation with amendment as follows:

 

Question:  “Does our product fall under the scope of rule 9N-3?”

 

Answer: To the extent that the Petitioner’s pre-engineered system “sunrooms” is constructed specific to plan or design “custom/one of a kind” and designed in accordance with specification standards referenced in the FBC, the system itself falls outside the scope of the state approval established by Rule 9N-3.  However, local approval of the Petitioner’s system may be achieved required through building plans review and inspection providing the system be manufactured under quality assurance as specified in the Code.

 

B.  Status Report on shutters used within HVHZ that have deflection larger than allowed by S.1613.1.9     Ted Berman updated the report and read into the record those manufacturers that were contacted and in need of revising their application for compliance with Section 1613.1.9 of the FBC, Building.  The POC recommended that staff begin the revocation process for those that did not comply:  FL #’s:  7873-R6, 12766-R1, 13663, 13299-R1, and 10654.

 

C.  Status Report regarding options to address recommendation to amend 9N03 for the purpose of addressing misuse of product approvals – It was recommended that discussion on this subject  be suspended pending the outcome of the 2011 Legislative Session on the subject.  In addition, it was recommended that the  Petitioner “Mr. Schaefer” contact the Engineering Board for further assistance on the subject.

 

D.  Rule Update – Notice of change was issued to clarify who is responsible for determining whether good cause has been demonstrated – Per an Executive Order by the Governor, all rule makings including the Notice of Change to Rule 9N-3 have been suspended as of January 4, 2011.  Legal hopes to move this rule forward in the near future.

 

E.  Draft letter to the validation entity regarding FL#8809 – Staff requested that this issue be postponed until after the Structural TAC has had a chance to review and evaluate the technical aspect of the evaluation report submitted as the technical documentation for FL #8809.  This issue will be brought back to the next POC meeting.

 

F.  Administrators report regarding communication of common validation mistakes to all validators – According to the Administrator “Mr. Ted Berman”, number product applications have been reduced causing less comment and less volume.  However, Ted reported that applications using the certification method have increased due to the 10-day rule.  Overall, the validators seem to be doing good work.  Staff requested that Ted send a report on his findings.

 

G.  Validation training via webinar (Feb. 7, 2011) – Staff reported that the webinar had been posted under Upcoming Meetings.  More information would be going out soon.

 

H.  Provide an update regarding applications that were recommended for revocation from the October 2010 agenda - Legal reported that there will be an attempt made to move on the December revocations and a report issued by the next meeting.

 

I.  Revocation recommended due to Expiration of Quality Assurance Program:

FL#s 2007:  9386, 7080, 7673, 10332, 12150, 8710, 13115, 12911, 12767, 10541, 10543, 10571, 10676, 13189, 13238, 9455, 12702, 12700, 1934, 5300, 5358, 5842, 7392, 7879, 8229, 8299, 12434, 12697, 11808, 12745, 12666, 7685, and 12000 – Motion was made to begin the revocation process as recommended.

 

            J.  Needed enhancements to the BCIS Product Approval Module – Mo gave an overview of the wish list to improve the functionality of the Product Approval module of the BCIS.  These will be reviewed in detail as funding permits.  Ila Jones and Joe Bigelow gave a presentation showing a proposed process for data retrieval.  

 

3.                  Ted Berman & Associates Report – Products and entities were reviewed and approved recommendations were provided.   DCA approved products were made available on the agenda as required by rule and no comment was raised at the meeting regarding those products.

 

5.         Adjourn – Meeting adjourned at 10:24 A.M.


Actions Needed by the Commission:

 

 

1.      Ted Berman and Associates report – Products and entities were reviewed and approved. Recommendations were provided.

 

POC Action:  The Committee recommends the products and entities listed in the Administrator’s report be approved, deferred, conditionally approved or denied as per voted on by the Committee.

 

 

2.   Rule Update – Notice of change was issued to clarify who is responsible for determining whether good cause has been demonstrated – Per an Executive Order by the Governor, all rule makings including the Notice of Change to Rule 9N-3 have been suspended as of January 4, 2011.  Legal hopes to move this rule forward in the near future.

 

 

3.  Status Report on shutters used within HVHZ that have deflection larger than allowed by S.1613.1.9

 

POC Action:  The POC recommended that staff begin the revocation process for those that did not comply:  FL #’s:  7873-R6, 12766-R1, 13663, 13299-R1, and 10654.

 

 

4.  Revocation recommended due to Expiration of Quality Assurance Program:

FL#s 2007:  9386, 7080, 7673, 10332, 12150, 8710, 13115, 12911, 12767, 10541, 10543, 10571, 10676, 13189, 13238, 9455, 12702, 12700, 1934, 5300, 5358, 5842, 7392, 7879, 8229, 8299, 12434, 12697, 11808, 12745, 12666, 7685, and 12000

 

        POC Action:  Motion was made to begin the revocation process as recommended.

 

 

5.  Ted Berman & Associates Report:

 

POC Action: 

Products and entities were reviewed and approved recommendations were provided.  

 

DCA approved products were made available on the agenda as required by rule and no comment was raised at the meeting regarding those products, with exception of product FL #. 5753-R2 which has a public comment that need to be addressed by the Commission (see Ted’s report with recommendation).