STATE OF
BUILDING COMMISSION
In the Matter of
CONSTRUCTION SPECIALTIES, INC., Case #: DCA08-DEC-239
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from W. Vincent of Construction Specialties, Inc., which was received on August 11, 2008. Based on the statements in the petition and the material subsequently submitted, 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 louvers which comprise an element of the building envelope for use in buildings constructed in accordance with the Florida Building Code.
3. The Petitioner has been contacted about a
specific use of its product in
4. Specifically, the Petitioner asks whether an approval issued by the Florida Building Commission in accordance with Rule 9B-72, Florida Administrative Code, is sufficient to proceed or whether local approval demonstrated by a Dade County Notice of Acceptance is required? Additionally, the Petitioner inquires whether, pursuant to Section 1626.1.g, Florida Building Code, Building Volume (2007), its louvers are required to be impact resistant if the building in which they will be included has been designed properly considering ASCE-7?
5. Petitioner also generally asks about the requirements of the large missile impact test, however, this inquiry is not limited to any particular facts and circumstances.
Conclusions of Law
1. The
2. Section 553.842(9), Florida Statutes, states:
A building official may deny the local application of a product or method or system of construction which has received statewide approval, based upon a written report signed by the official that concludes the product application is inconsistent with the statewide approval and that states the reasons the application is inconsistent. Such denial is subject to the provisions of s. 553.77 governing appeal of the building official's interpretation of the code.
3. Section 1626.1.g, Florida Building Code, Building Volume (2007), provides:
All parts or systems of a building or structure envelope such as, but not limited, to exterior walls, roof, outside doors, skylights, glazing and glass block shall meet impact test criteria or be protected with an external protection device that meets the impact test criteria. Test procedures to determine resistance to wind-borne debris of wall cladding, outside doors, skylights, glazing, glass block, shutters and any other external protection devices shall be performed in accordance with this section.
Exception: The following structures or portion of structures shall not be required to meet the provisions of this section:
. . .
g. Louvers as long as they properly considered ASCE 7 in the design of the building.
5. All products used in HVHZ must be in compliance with the Code requirements that are specific to the HVHZ. Demonstration of compliance with the Code can be either by obtaining state approval by means authorized by Rule 9B-72, Florida Administrative Code, or by local approval.
6. The Code imposes no impact requirements for the louvers in question provided the structure properly considers ASCE 7 in the design.
7. The Petitioner’s question pertaining to the
large missile impact test is over broad and an inappropriate matter for 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 _____________, 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
W. Vincent Mo Madani, C.B.O. Manager
Construction Specialties, Inc. Codes and Standards Section
49 Meeker Avenue Department
of Community Affairs