Florida Building Commission

Product Approval / Manufactured Buildings
Program Oversight Committee (POC)

MINUTES

May 5^th 2008
1.00 pm – 3.30 pm

Crowne Plaza Melbourne Oceanfront Hotel

2605 N A1A HIGHWAY, MELBOURNE, FL 32903
Front Desk: 1-321-7774100 | Fax: 1-321-7736132

Product Approval POC Attendees: Ed Carson - Chair, Herminio Gonzalez, Nan Dean, Chris Schulte, Paul Kidwell and Do Kim. Staff present were Mo Madani and Azhar Khan. Ted Berman, Product Approval Administrator was also present.

There was a quorum present.

1. Agenda was amended to defer the revocation items to the next meeting and to shift the agenda items to consider Administrator’s report first. March 17^th Minutes were approved as presented.

2. Manufactured Buildings Program Issues
A. Manufactured Buildings Legislative Issues and Staff Report.
There were no Manufactured Buildings Issues to present at this time.

3. Product Approval Program Staff Report
A. Product Approval and Entities Statistics Report

Staff presented the current entities and product statistics from inception of the program through 3/6/2008.

4. Ted Berman & Associates Report
A. Product Approval Applications with Comments.
Applications with comments were discussed and approved, conditionally approved, deferred and denied as listed in the final report.

B. Review product approval and entity applications.

The following entities were approved:

CER 1497	Intertek Testing Services NA Inc. - ETL Warnock Hersey.	Product Certification Agency	Recommend Approval	Revision
TST 6049	Trinity ERD - South Carolina	Product Testing Laboratory	Recommend Approval	Revision
TST 1657	Fenestration Test Lab	Product Testing Laboratory	Recommend Approval	Revision
TST 1999	Construction Testing Corporation	Product Testing Laboratory	Recommend Approval	Revision
TST 4744	National Certified Testing Laboratories - York	Product Testing Laboratory	Recommend Approval	Revision
TST 2513	APA - The Engineered Wood Association	Product Testing Laboratory	Recommend Approval	Revision
TST 6485	Encon Technology Inc	Product Testing Laboratory	Recommend Approval	New
QUA 1673	Intertek Testing Services NA Inc. - ETL Warnock Hersey.	Product Quality Assurance	Recommend Approval	Revision
QUA 1824	Keystone Certifications, Inc.	Product Quality Assurance	Recommend Approval	Revision
QUA 7309	Smith Emery Laboratories	Product Quality Assurance	Recommend Approval	New
QUA 7318	Lenard Gabert and Associates	Product Quality Assurance	Recommend Approval	New
VAL 1623	Keystone Certifications, Inc.	Validation Entity	Recommend Approval	Revision
VAL 7374	FM Approvals LLC	Validation Entity	Recommend Approval	New
VAL 7396	Architectural Testing Inc - Certification Services	Validation Entity	Recommend Approval	New

5. Product Approval Program Issues
A. Staff and Administrator sought clarification on the following issues:

i. Status of Test Reports

Staff Recommendation:

TAS 201, 202,203 – 94 are current standards in the Florida Building Code. The test was done according to the standards even though the standards are old. Staff recommends accepting test reports done in accordance with the standards listed in the Florida Building Code.

The committee agreed with the staff position.

ii. Requiring of PE seal with the Test Report.

Issue:

Currently the Administrator requests that the test report be signed and sealed by a Licensed Engineer.

Staff Recommendation:

Rule 9B-72 does not require a Test Report to be signed and sealed by a Licensed Engineer. If the Test Lab or the Manufacturer wishes to submit such a letter, it is acceptable but not required.

The committee pointed out that the Test report has be signed and sealed by an engineer.

iii. On the scope of evaluation report under certification method and means of compliance.

Issue:

What is the scope of an evaluation report under the Certification Method?

Staff Recommendation:

As per Rule 9B-72.070(1), substrates that are outside the scope of the agency certificate is required to demonstrate compliance using an evaluation report from an approved evaluation entity (for example, a Florida Licensed Engineer). The evaluation report may be submitted as part of the application using the Certification Compliance Method. If the evaluation report is done by an independent third party, then an administrative validation is required. However, if the evaluation report is done by an in house engineer, a technical validation is required. The product certification agency may validate the application.

The committee asked the staff to discuss the item at the next meeting. Staff recommendation will be followed in the interim period. The committee would like to discuss, “Testing allowed at manufacturer’s facilities” and “Definition of the scope of certification”.

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

Staff recommendation:

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. If the code section number has changed but the code language has not changed, the affirmation is acceptable.

The committee voted to authorize the Administrator, at his request, the use of a letter from the original issuing authority to verify compliance with the new Code.

v. Differed items for March 2008 meeting.

vi. Compliance via a Legacy Report.

Issue:

For application 10194, the legacy report attached shows no compliance with the Florida Building Code. See attached report page 18 and page 19.

Staff Recommendation:

As per Rule 9B-72, supporting documentation including the Legacy Report must demonstrate compliance with the Florida Building Code.

More discussion is needed.

vii. Compliance via a Certification Mark or Listing Method product list used for documentation.

Background & Issue:

Under the certification mark or listing method, manufacturers have uploaded listings that are outside the scope of the application and outside the scope of Rule-9B-72

Staff Recommendation:

Manufacturers and Certification agencies to submit the listings which are within the scope of the application proposed for approval.

The committee was in agreement with staff position, if they limit their listing to the page relevant to the application.

viii. Scope of Accreditation Documents.

Issue:

Should the documents uploaded on the BCIS be only those documents issued by the accreditation body?

Staff Recommendation:

If the specific standards are mentioned under the scope accreditation, then the scope of accreditation will suffice. If the certificate from the accreditation agency specifies subject matter but the standards are not mentioned within the scope of accreditation, the accreditation body can accredit standards uploaded by the applicant. This has been the current practice.

The committee agreed with staff recommendation.

ix. Validator Discipline.

Issue:

The Administrator has observed that certain validators are not following the validation checklist and conducting improper validations.

The POC authorized the Administrator to send the letter and update staff and committee on status.

B. Product Approval Administrator’s Performance survey

Staff presented to the Committee the Survey Results.

C. Revocation Items (Deferred from January 08)

Differed until the next meeting.

6. Other Items:

Deadlines – Committee recommended that the deadline for the June Product Approval applications stay the same.

Validations to be performed must be performed by entities registered with the system as approved validation entities.

7. Adjourn

The committee adjourned at: 3.30 pm

Actions need by the Commission:

Product Approval POC:

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

CER 1497	Intertek Testing Services NA Inc. - ETL Warnock Hersey.	Product Certification Agency	Recommend Approval	Revision
TST 6049	Trinity ERD - South Carolina	Product Testing Laboratory	Recommend Approval	Revision
TST 1657	Fenestration Test Lab	Product Testing Laboratory	Recommend Approval	Revision
TST 1999	Construction Testing Corporation	Product Testing Laboratory	Recommend Approval	Revision
TST 4744	National Certified Testing Laboratories – York	Product Testing Laboratory	Recommend Approval	Revision
TST 2513	APA - The Engineered Wood Association	Product Testing Laboratory	Recommend Approval	Revision
TST 6485	Encon Technology Inc	Product Testing Laboratory	Recommend Approval	New
QUA 1673	Intertek Testing Services NA Inc. - ETL Warnock Hersey.	Product Quality Assurance	Recommend Approval	Revision
QUA 1824	Keystone Certifications, Inc.	Product Quality Assurance	Recommend Approval	Revision
QUA 7309	Smith Emery Laboratories	Product Quality Assurance	Recommend Approval	New
QUA 7318	Lenard Gabert and Associates	Product Quality Assurance	Recommend Approval	New
VAL 1623	Keystone Certifications, Inc.	Validation Entity	Recommend Approval	Revision
VAL 7374	FM Approvals LLC	Validation Entity	Recommend Approval	New
VAL 7396	Architectural Testing Inc - Certification Services	Validation Entity	Recommend Approval	New

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.