STATE OF
BUILDING COMMISSION
In the Matter of
GREENBUILT, INC., Case #: DCA10-DEC-002
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Derek Runion of GreenBuilt, Inc., which was received as amended on March 19, 2010. 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 manufactures a proprietary structural system that integrates a light gauge steel stud frame assembly with an EPS insulation core for use in projects governed by the Florida Building Code. The Petitioner recesses structural supports in polystyrene on both the interior and the exterior sides of the product, specifically steel framing members placed 24" on center and screw connected to steel angles at both top and bottom of the panels. The precise characteristics of the product are subject to custom design for each building for which the Petitioner’s products are intended to be utilized.
3. The Petitioner’s pre-insulated steel framing system is used in new construction projects for both residential commercial buildings governed by Section 2210 FBC, Building Volume (2007) [FBC-Building].
4. The Petition inquires about the application of Rule 9B-72.030, Florida Administrative Code, to four particular uses of its product described as follows:
(a). When the Petitioner designs and engineers a system for a custom home or commercial building for a client, and the system is designed consistent with Section 2210, FBC-Building.
(b). When the Petitioner designs and engineers a system for the roof of a custom home or commercial building for a client and the system is designed consistent with Section 2210, FBC-Building.
(c). When the Petitioner designs a wall section that is not sold as part of a pre-engineered custom whole building, but rather is intended for use in a custom design or addition, and it is manufactured, designed and installed consistent with Section 2210, FBC-Building.
(d). When the Petitioner designs a roof section that is not sold as a part of a pre-engineered custom whole building, but rather intended for use in a custom design or addition, and it is manufactured, designed and installed consistent with Section 2210, FBC-Building.
Conclusions of Law
1. The
2. Section 553.842(10), Florida Statutes (2008) states:
products, other than manufactured buildings, which are custom fabricated or assembled shall not require separate approval under this section provided the component parts have been approved for the fabricated or assembled product's use and the components meet the standards and requirements of the Florida Building Code which applies to the product's intended use.
3. Rule 9B-72.030, Florida Administrative Code, provides:
Products listed in Rule 9B-72.005, F.A.C., shall be approved according to the provisions of this rule.
(1) Prescriptive. Products that have prescriptive specification standards and are manufactured under quality assurance procedures as specified in the Code will be deemed approved. Such products shall include but not be limited to the following:
(a) Structural components covered by United States Department of Commerce Product Standards;
(b) Structural components comprised of products that are assembled or placed in the field and are subject to standardized field testing procedures contained within nationally recognized standards adopted within the Code may demonstrate compliance by a batch ticket or bill of lading made available at the site of assembly or placement; and
(c) Custom (one of a kind) pre-engineered buildings.
(2) Performance. Products, methods and systems of construction specifically addressed in the Code through performance criteria shall demonstrate compliance pursuant to Rule 9B-72.070, F.A.C., and shall be approved pursuant to Rule 9B-72.090, F.A.C.
4. Section 2210, FBC-Building provides specification standards for the design and fabrication of the products in question, “light gauge steel stud frame assembly or roof frame assembly”.
5. The products in question are fabricated to fit specific design and construction document for a specific project/building and designed in accordance with specification standards referenced in Chapter 22, FBC-Building.
6. The products in question are excepted from the scope of Rule 9B-72, Florida Administrative Code, as the FBC-Building contains applicable prescriptive standards and the product is manufactured under quality assurance procedures as specified in the Code. Additionally, the products are excepted from the rule’s scope because they constitute custom pre-engineered buildings.”
7. To the extent that the Petitioner’s pre-engineered system 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 optional state approval established by Rule 9B-72. However, local approval of the Petitioner’s system may be achieved through building plans review and inspection providing the system is manufactured under quality assurance procedures as specified in the Code.
7. The Commission notes that the foregoing response is consistent with the Declaratory Statement entered in case number DCA04-DEC-070.
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
Derek Runion Mo Madani, C.B.O. Manager
GreenBuilt, Inc. Codes and Standards Section
2150 Collier Ave
Suite O Department
of Community Affairs
Fort Myers, Florida
33901 2555 Shumard Oak Blvd.
Tallahassee, FL
32399-2100