STATE OF
BUILDING COMMISSION
In the Matter of
THE FENESTRATION MANUFACTURERS
ASSOCIATION, INC., and THE WINDOW AND Case #: DCA08-DEC-119
DOOR MANUFACTURERS ASSOCIATION, INC.,
Petitioners.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Richard Wilhelm, Executive Director of the Fenestration Manufacturers Association, Inc., and Jeff Lowinsky, Vice President of Technical Services of Window and Door Manufacturers Association, Inc., hereinafter Petitioners, which was received on April 25, 2008. 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. Petitioners are associations whose members have an interest in the manufacture construction products subject to the Florida Building Code and can obtain state product approval subject to the requirements of Rule 9B-72, Florida Administrative Code. One of the intended purposes for the Petitioners is to obtain interpretations of laws applicable to their members.
3. Specifically, a significant percentage of the
Petitioners’ members manufacture windows, sliding glass doors and skylights for
use in construction projects in
4. Petitioners inquire about the product labeling provisions for windows, sliding glass doors and skylights in Sections R613.3.1, R613.3.1.1, Florida Building Code, Residential Volume (2007), and 1714.5.2.1, Florida Building Code, Building Volume (2007). Specifically, Petitioners ask what information is required to be included on a permanent label and whether the information identified in these sections, other than the manufacturer’s name, may, at the manufacturer’s option, be included on a supplemental or temporary label that remains on the product until final approval by the authority having jurisdiction? The Petitioners hypothesize that the permanent label or marking must identify the manufacturer only and the remaining information required in these sections maybe included on either a permanent or temporary label?
Conclusions of Law
1. The
2. Section 1714.5.2, Florida Building Code, Building Volume (2007), states:
Exterior windows and glass doors shall be tested by an approved independent testing laboratory, and shall be labeled with an approved label identifying the manufacturer, performance characteristics and approved product certification agency, testing laboratory, evaluation entity or Miami-Dade Product Approval to indicate compliance with the requirements of one of the following specifications:
ANSI/AAMA/NWWDA 101/I.S. 2 or 101/I.S. 2/NAFS or AAMA/WDMA/CSA 101/I.S. 2/A440 or TAS202 (HVHZ shall comply with TAS202 utilizing ASTM E 1300-98 or ASTM E 1300-02 or Section 2404).
The permanent label is limited to only one design pressure rating per reference standard per label.
Exterior windows and glass doors shall be labeled with a temporary supplemental label printed and applied by the manufacturer. The label shall identify the manufacturer, products model/series number, positive and negative design pressure rating, products maximum size, glazing thickness, indicate impact rated if applicable, Florida Product Approval or Miami-Dade Product Approval number if applicable, and applicable test standard.
The supplemental label is limited to only one design pressure rating per reference standard per label. This supplemental label shall remain on the window until final approval by the building official. The permanent label shall always be the default label in case the temporary label is missing or no longer legible for final approval by the building official.
3. Section 1714.5.2.1.1, Florida Building Code, Building Volume (2007), provides:
Exterior skylights shall be tested by an approved independent testing laboratory, and shall be labeled with an approved permanent label identifying the manufacturer, the products model/series number, performance characteristics and approved product evaluation entity to indicate compliance with the requirements of the following specification:
The permanent label is limited to only one design pressure rating per reference standard per label. Exterior skylights shall be labeled with a temporary supplemental label printed and applied by the manufacturer. The label shall identify the manufacturer, products model/series number, positive and negative design pressure rating, products maximum size, glazing thickness, indicate impact rated if applicable, Florida Product Approval or Miami-Dade Product Approval number if applicable, and applicable test standard. The supplemental label is limited to only one design pressure rating per reference standard per label. This supplemental label shall remain on the window until final approval by the building official. The permanent label shall always be the default label in case the temporary label is missing or no longer legible for final approval by the building official.
4. Section R613.3.1, Florida Building Code, Residential Volume (2007), states:
Exterior windows and glass doors shall be tested by an approved independent testing laboratory, and shall be labeled with an approved permanent label identifying the manufacturer, the products model/series number, performance characteristics and approved product certification agency, testing laboratory, evaluation entity or Miami-Dade Product Approval to indicate compliance with the requirements of one of the following specifications:
ANSI/AAMA/NWWDA101/I.S.2 or 101/I.S.2/NAFS or AAMA/WDMA/CSA 101/I.S.2/A440 or TAS 202 (HVHZ shall comply with TAS 202 utilizing ASTM E 1300-98 or ASTM E 1300-02).
The permanent label is limited to only one design pressure rating per reference standard per label. Exterior windows and glass doors shall be labeled with a temporary supplemental label printed and applied by the manufacturer. The label shall identify the manufacturer, products model/series number, positive and negative design pressure rating, products maximum size, glazing thickness, indicate impact rated if applicable, Florida Product Approval or Miami-Dade Product Approval number if applicable, and applicable test standard. The supplemental label is limited to only one design pressure rating per reference standard per label. This supplemental label shall remain on the window until final approval by the building official. The permanent label is always the default label in case the temporary label is missing or no longer legible for final approval by the building official.
5. Section R613.3.1.1, Florida Building Code, Residential Volume (2007), states:
Exterior skylights shall be tested by an approved independent testing laboratory, and shall be labeled with an approved permanent label identifying the manufacturer, the products model/series number, performance characteristics and approved product evaluation entity to indicate compliance with the requirements of the following specification: AAMA/WDMA 101/I.S.2/NAFS, Voluntary Performance Specification for Windows, Skylights and Glass Doors, or TAS 202 (HVHZ shall comply with TAS 202).
The permanent label is limited to only one design pressure rating per reference standard per label.
Exterior skylights shall be labeled with a temporary supplemental label printed and applied by the manufacturer. The label shall identify the manufacturer, products model/series number, positive and negative design pressure rating, products maximum size, glazing thickness, indicate impact rated if applicable, Florida Product Approval or Miami-Dade Product Approval number if applicable, and applicable test standard. The supplemental label is limited to only one design pressure rating per reference standard per label. This supplemental label shall
remain on the window until final approval by the building official. The permanent label is always the default label in case the temporary label is missing or no longer legible for final approval by the building official.
6. Based on the foregoing, the Code requires two types of labels, a permanent label and a temporary supplemental label. The permanent label must be affixed such that it cannot be removed without noticeable damage to the product. Both types of labels are limited to one design pressure rating per reference standard per label. A temporary label is required to be printed and supplied by the manufacturer. The permanent label must always be the default label in case the temporary label is missing or no longer legible for final approval by the building official. The information required to be indicated on each label for a skylight, window or sliding glass door is as follows:
(a). A permanent label shall identify the product’s manufacturer; its performance characteristics; its model and series number as applicable; and identification of the approved product certification agency, testing lab, evaluation entity or Miami-Dade Product Approval indicating compliance with the relevant standards.
(b). A temporary label for exterior windows and sliding glass doors shall identify
the product’s manufacturer; its model and series number as applicable; the positive and negative design pressure rating associated with the product; the products maximum size;
its glazing thickness; an indication that the product is impact rated if applicable; and the appropriate Florida Product Approval number or Miami-Dade Product Approval number if applicable, and test standard for which approval has been obtained.
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 _____________, 2008, 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 __________, 2008.
______________________________
PAULA P. FORD
Commission Clerk
Via
Richard Wilhelm, Mo Madani, C.B.O. Manager
Executive Director Codes and Standards Section
Fenestration Manufacturers Association, Inc. Department
of Community Affairs
Jeff Lowinsky
Vice President of Technical Services
Window and Door Manufacturers Association, Inc.