Legal Report

October 1-2, 2007

DCA07-DEC-085 by Walter Tillit, Jr., PE, TilTeco, Inc.

Committee Recommendations:

Question One : Are the fasteners used to install a product which has been evaluated for Product Approval using Rule 9B-72 method 1-B (testing method) required to meet the factor of safety of the testing standard?

Answer: Yes, and this is consistent with the Commission action of DCA06-DEC-200.

Question Two : In addition to question one, are the fasteners used to install a product which has been evaluated for Product Approval using Rule 9B-72 method 1-B (testing method) required to demonstrate compliance with the factor of safety as required by the material standard ?

Answer: yes, product assemblies evaluated for product approval using Rule 9B-72.070, Method 1-B (Test report method) must be anchored in accordance with the fastener manufacturer's instructions which have been evaluated to the materials standards referenced in the Florida Building Code and/or in accordance with acceptable engineering practices.

DCA07-DEC-135 by Emil Veksenfeld, PE

Dismissed. The petitioner failed to provide information to clarify the request.

DCA07-DEC-150 by Jose Saumell, Principal, MSA Architects, Inc.

Deferred to the local board of rules and appeals.

DCA07-DEC-159 by William G. Graney, Jr., PE, KTD Consulting Engineers

Committee Recommendation: Staff provided following for consideration:

Question - Is it the intent of the code to require a standpipe in a single family dwelling?

Answer - No, a building that is within the scope of section 101.2 of the Florida Building Code, Building, would be required to comply with the Florida Building Code, Residential, which does not contain a requirements for standpipes. However the above described project does NOT fit within the scope of section 101.2 because it is greater than three floors, so the exemption in section 905.3 would NOT be applicable.

Note: if a full 13 automatic sprinkler system is installed, the exception s. 905.3 may be allowed under the alternate materials and methods of chapter 1 of the Florida Building Code, Building, subject to approval of the local building official and the local fire marshal.

DCA07-DEC-163 by Wilton Lee, President, Lee Electrical Technologies, Inc.

Deferred to the Binding Interpretation.

DCA07-DEC-164 by Paul L. Osley, PE, Chastain-Skillman, Inc.

Recommend dismissal due to the fact that the 2007 FBC has not yet been published.

DCA07-DEC-171 by Arlene Z. Stewart, Icynene

Withdrawn by the applicant.

DCA07-DEC-172 by Robert Cochell, Gulf Coast Air Systems, Inc.

On a motion from Geyselaers and a second from Reynolds, the TAC approved the following disposition of DCA07-DEC-172 in a vote of 9-0:

QUESTION 1:

To the question, “Is the mis-matching of [the referenced] A/C and Heat Pump system s allowed under the Energy Code?” the answer is NO, the condensing unit of a split system air conditioner is not a repair because it is a functioning unit. A replacement constitutes a new system. However, mix-matching of equipment components of different manufacturers is allowed in accordance with Section 13-607.1.ABC.3.1.1. Replacement of a compressor is not within the definition of a Level 1 Alteration as defined in the FBC-Existing Building .

QUESTION 2:

To the question, “Does the code require demonstration of compatibility, system capacity and system efficiency?”, refer to the answer to Question 1.

QUESTION 3:

To the questions, “Does the code require same manufacturer matches? Will a letter from a manufacturer suffice or is ARI data required?”, refer to the answer to Question 1.

DCA07-DEC-179 by Alan Fallik, City of Hollywood , Florida , tabled.

DCA07-DEC-180 by Michael Gong, PhD, TW Buildex

Committee Recommendations : Based on the above facts and circumstances, the Committee recommends deferral to gather further information from the applicant regarding their product application

DCA07-DEC-181 by Joseph D. Belcher, JDB Code Services, Inc.

Committee Recommendations : Based on the above facts and circumstances, the Committee provides the following recommendation:

To the question , Can a manufacturer, such as Eastern Metals Supply (EMS), designate or form an association, such as the American Shutter Systems Association (ASSA), to serve as its designee to apply for and obtain approval of a product or construction system which requires fabrication or assembly prior to installation and serve as the Product Approval Holder for association designated authorized user members, such as fabricators, assemblers, and installers? The ASSA would provide a Quality Assurance Program at the EMS manufacturing site(s) and each member would provide an independent Quality Assurance Program at the fabrication or assembly site as described in the request for Declaratory Statement.

Answer: Yes, The association as described would not be a designee but an owner of a proprietary system of construction. That system being defined by the product approval application and being subjected to Quality Assurance by the entity identified within the application.

To the question , Can a manufacturer, such as Eastern Metals Supply (EMS), act on behalf of manufacturer designated authorized users, such as fabricators, assemblers, and installers, to apply for and obtain approval of a product or construction system which requires fabrication or assembly prior to installation and serve as the Product Approval Holder for such manufacturer designated authorized users? The manufacturer would provide a Quality Assurance Program at the EMS manufacturing site(s) and each authorized user would participate in a Quality Control Program at the fabrication or assembly site(s) developed and administered by the man`ufacturer in conjunction with the manufacturer's Quality Assurance Entity as described in the request for Declaratory Statement.

Answer: Yes, provided that the Quality Assurance program designated on the application for approval is implemented throughout the manufacturing process including fabrication.