ISSUE: DCA08-DEC-257

The petitioner, Chris Birchfield, Vice-President, No-Burn SE Inc. seeks a Declaratory Statement on Rule 9B-72 as it pertains to his product

BACKGROUND

9B-72.005 Scope (1) Products in the following categories as defined by subcategories of subsection 9B-72.010(31), F.A.C., shall be available for approval by the Commission pursuant to Rule 9B-72.090, F.A.C., for use in the state:

(a) Panel Walls;

(b) Exterior Doors;

(c) Roofing Products;

(d) Skylights;

(e) Windows;

(f) Shutters; and

(g) Structural Components.

9B-72.005 Scope (2) This rule applies to approval of products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code.

From ICC Evaluation Report ESR-1838:

2.0 USES: No Burn® fire-retardent coatings are field-applied to the exposed surfaces of wood substrates as an interior finish in the interior of new and existing construction to achieve flame-spread and smoke-devleoped indices required by the applicable code.

3.0 DESCRIPTION: No Burn® Original, No Burn® Wood Gard and No Burn® Wood Gard Mih and translucent acqueous liquids; and No Burn® Plus and No Burn® Plus Mih are opaque aqueous liquids, supplied in 1- and 5-gallon (3.8 and 18.9 L) pails and 55 gallon (208 L) drums. The coatings, when applied to specific wood substrates, have the flame spread classifications noted in Table 1 of this report and have a smoke-developed index of 200 or less.

ESR-1838 is attached on page #

STAFF RECOMMENDATION

QUESTION:

Do No – Burn products fall within the scope of Rule 9B-72?

ANSWER:

No, since the products are not structural, they fall outside the scope of Rule 9B-72.