Florida Building Commission

Florida Building Commission

Product Approval / Manufactured Buildings
Program Oversight Committee (POC)

MINUTES

June 23 2008
8 am – 10.35 am

Rosen Centre Hotel
9840 International Drive Orlando, Florida 32819
Phone: (407) 996-9840 Toll Free 1-800-204-7234 Fax (407) 996-2659

Product Approval POC Attendees: Do Kim - Chair, Herminio Gonzalez, Chris Schulte and Paul Kidwell. Staff present: Azhar Khan. Ted Berman, Product Approval Administrator was also present.

There was a quorum present.

1. Agenda and May 5^th 2008 Minutes were approved as presented.

2. Manufactured Buildings Program Issues
A. Manufactured Buildings Legislative Issues – Senate Bill 697.
The committee was presented with the sections of Senate Bill 697 that affected the Manufactured Buildings Program

B. Proposed Manufacture Building Rule 9B-1 Changes.
Rule 9B-1, F.A.C. was not available for this meeting.

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 6/6/2008.

4. Product Approval Program Issues
A. Staff and Administrator seek clarification on the following issues:

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 are 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 agreed with staff recommendation.

The POC discussed the accreditation of test labs as it related to certification method. It was advised by the legal counsel and the chair for affected parties to pursue clarification through a declaratory statement request.

Product Affirmation.

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

a) 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 POC voted to recommend to the commission to open the rule for clarification of the affirmation process. No letter is required to self-affirm. In the interim, if an existing application has compliance documentation that refers to Florida Building Code 2004 or 2001, the affirmation process is still valid without change to compliance documentation, if it meets the criteria established for affirmation by Rule.

b) Staff Recommendation:

Products must show compliance with the Florida Building Code as per the standards listed in the code sections applicable to the product in question, or provide equivalency to the standard.

The committee voted to defer to the Structural TAC the review of equivalency between ASTM 1300-02 and ASTM E 1300-04 and to recommend to the commission to open the rule specifically for sections pertaining to the equivalency of standards.

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. However, the test report must be signed by any accreditation requirements for the test lab and for applications that pertain to HVHZ.

The committee agreed with staff recommendation.

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 must demonstrate compliance with the Florida Building Code.

The committee agreed with staff recommendation.

B. Product Approval Administrator’s Performance survey

Staff presented to the Committee the Survey Results.

C. Revocation Items (Deferred from January 08)

The Committee voted to recommend the following applications for revocations

FL # 4487, 6269, 7109, 7198, 5985

5. Ted Berman & Associates Report

A. Review product approval and entity applications

Products as listed in the report were approved under consent.

The following entities were approved:

CER 1523	Keystone Certifications	Product Certification Agency	Recommend Approval	Revision
CER 1773	National Accreditation & Management Institute	Product Certification Agency	Recommend Approval	Revision
TST 1558	Architectural Testing, Inc.	Product Testing Laboratory	Recommend Approval	Revision
TST 1657	Fenestration Test Lab	Product Testing Laboratory	Recommend Approval	Revision
TST 1987	RADCO, Inc.	Product Testing Laboratory	Recommend Approval	Revision
TST 7195	Hurricane Test Laboratory, LLC - Texas	Product Testing Laboratory	Recommend Approval	New
TST 7393	Florida Testing, Engineering & Consulting, Inc.	Product Testing Laboratory	Recommend Approval	New
TST 7408	IRT Paragon	Product Testing Laboratory	Recommend Approval	New
QUA 1990	RADCO, Inc.	Product Quality Assurance	Recommend Approval	Revision
VAL 1665	PSI/Pittsburgh Testing Laboratory	Product Validation Entity	Recommend Approval	Revision
VAL 7468	Underwriters Laboratories, Inc	Product Validation Entity	Recommend Approval	New

B. Product Approval Applications with Comments.

Applications with comments were discussed and approved, conditionally approved, deferred and denied as listed in the final report.

C. Ted Berman and Associates contract

The committee authorized the Administrator to use either of the following two auditing firms:

1) Mermelstein Hidalgo LLP

3211 Ponce De Leon Blvd., Suite 305

Coral Gables, FL 33134

2) Rodriguez, Trueba & Co., PA

1985 NW 88^th Court, Suite 101

Doral, FL 33172

6. Adjourn

The committee adjourned at: 10.35

Actions needed by the Commission:

Product Approval POC:

1. The Committee recommends the following entities for approval:

CER 1523	Keystone Certifications	Product Certification Agency	Recommend Approval	Revision
CER 1773	National Accreditation & Management Institute	Product Certification Agency	Recommend Approval	Revision
TST 1558	Architectural Testing, Inc.	Product Testing Laboratory	Recommend Approval	Revision
TST 1657	Fenestration Test Lab	Product Testing Laboratory	Recommend Approval	Revision
TST 1987	RADCO, Inc.	Product Testing Laboratory	Recommend Approval	Revision
TST 7195	Hurricane Test Laboratory, LLC - Texas	Product Testing Laboratory	Recommend Approval	New
TST 7393	Florida Testing, Engineering & Consulting, Inc.	Product Testing Laboratory	Recommend Approval	New
TST 7408	IRT Paragon	Product Testing Laboratory	Recommend Approval	New
QUA 1990	RADCO, Inc.	Product Quality Assurance	Recommend Approval	Revision
VAL 1665	PSI/Pittsburgh Testing Laboratory	Product Validation Entity	Recommend Approval	Revision
VAL 7468	Underwriters Laboratories, Inc	Product 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.

3. The Committee recommends the following applications for revocations.
FL # 4487, 6269, 7109, 7198, 5985

4. The Committee recommends to the Commission to open Rule 9B-72.090 (Section applicable to Self-Affirmation) and Rule 9B-72.180(Equivalency of Standards).

5. The Committee recommends to the Commission that the commentators identify themselves to the Administrator for the record.

6. The Committee recommends that the Administrator be allowed the use of the either of the two auditing firms listed below

1) Mermelstein Hidalgo LLP
3211 Ponce De Leon Blvd., Suite 305
Coral Gables, FL 33134

2) Rodriguez, Trueba & Co., PA

1985 NW 88^th Court, Suite 101

Doral, FL 33172