STATE OF
BUILDING COMMISSION
In the Matter of
BERMUDA ROOF CO., INC. Case #: DCA09-DEC-129
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from C. S. Breslauer, President of Bermuda Roof Co., Inc., which was received as amended on July 14, 2009. 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 premixed, lightweight, cementitious, mortar-type adhesive product used for attaching tiles to roofs.
3. The Petitioner proposes utilization of his product in hip and ridge areas of roofs within the high velocity hurricane zone offering testing results demonstrating compliance with the requirements of SSTD-11-99 in support of that use.
4. The Petitioner inquires whether it can obtain
state product approval for its mortar and, if not, assuming that the product is
equivalent to those required by the Code, whether use of the product can be
approved by the local enforcement authority and whether the
Conclusions of Law
1. The
2. State product approval is
available for “products and systems, which comprise the building envelope and
structural frame, for compliance with the structural requirements of the
Florida Building Code. “ Rule
9B-72.005(2),
3. Section 104.11, Florida Building Code, Building Volume (2007 as amended on 10/01/09), states:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.
4. The
5. Based on the foregoing, state approval does not apply to the Petitioner’s product. The Code recognizes the use of equivalent products but specifically reserves the authority to determine equivalence to the particular building official. If the building official concludes that the product is equivalent to products meeting standards specifically adopted within the Code, the building official shall permit the use of the product. The Commission, however, cannot determine equivalence of products by issuance of a declaratory statement.
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 _____________, 2009, 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 __________, 2009.
______________________________
PAULA P. FORD
Commission Clerk
Via
C. S. Breslauer Mo Madani, C.B.O. Manager
Bermuda Roof Co., Inc. Codes and Standards Section
Suite