STATE OF
BUILDING COMMISSION
In the Matter of
FENESTRATION TESTING Case #: DCA09-DEC-411
LABORATORY, INC.,
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Manny Sanchez, Chief Executive Officer of Fenestration Testing Laboratory, Inc., which was received on December 21, 2009. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, 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 operates an approved testing laboratory that tests construction materials in compliance with standards adopted within the Florida Building Code and the reports relating to such tests are utilized to support an application for product approval by the Florida Building Commission pursuant to Rule 9B-72, Florida Administrative Code.
3. The Petitioner has performed testing on three sliding wood doors in accordance with TAS 201, 202, and 203. Two are pocket doors and the third is a straight door, the panel count and configuration are different for all three samples. The door panels are all constructed of same materials and profiles and they were all the same height and width.
4. The Petitioner inquires whether, in accordance with section 1714.6 of the Florida Building Code, Building Volume (2007) [FBC-Building], a test lab is required to test three samples in size, configuration and glazing; and whether, pursuant to that section of the Code as well as Rule 9B-72 Florida Administrative Code, the approved testing laboratory is authorized to make a determination as to what was tested is ample and in compliance with the requirements of the Code?
Conclusions of Law
1. The
2. Section 1714.5, FBC-Building, requires doors such as those described in the petition to demonstrate compliance with standards adopted within the Code by testing. Section 1714.6, FBC-Building, states:
Test specimens and construction shall be representative of the materials, workmanship and details normally used in practice. The properties of the materials used to construct the test assembly shall be determined on the basis of tests on samples taken from the load assembly or on representative samples (when TAS 202 is used, a minimum of three specimens) of the materials used to construct the load test assembly. Required tests shall be conducted or witnessed by an approved agency.
3. Rule 9B-72.010 Florida Administrative Code, provides the following relevant definitions:
(5) Approved testing laboratory means a laboratory approved by the Commission pursuant to subsection 9B-72.100(3), F.A.C., to test products for compliance with the standards specified in the Code.
. . .
(16)(a) Evaluation report means a report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity or a licensed Florida professional engineer or architect indicating that the product was evaluated to be in compliance with the Code or the intent of the Code and that the product complies with the Code or is, for the purpose intended, at least equivalent to that required by the Code.
. . .
(33) Test report means a report from an approved testing laboratory which provides performance data showing compliance with a code requirement as determined by a referenced standard test method or equivalent standard test method pursuant to Rule 9B-72.180, F.A.C., and which identifies products covered by the report and limitations on the products’ use.
4. Rule 9B-72.070(1) (e), Florida Administrative Code, states:
Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code.
5. Based on the foregoing, a minimum of three specimens/samples must be tested for the products in question. The approved test lab is responsible to ensure that the products are tested in accordance with the applicable testing standards referenced in the Code including any specific modification by the Code to such standard.
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 _____________, 2010, in
______________________________
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 __________, 2010.
______________________________
PAULA P. FORD
Commission Clerk
Via
Manny
Chief Executive Officer Codes and Standards Section
Fenestration Testing
Laboratory, Inc. Department of Community Affairs
8148 NW 74th
Avenue 2555
Shumard Oak Blvd.