STATE OF
BUILDING COMMISSION
In the Matter of
BAMBOO TECHNOLOGIES Case #: DCA08-DEC-258
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from David Sands of Bamboo Technologies which was received on September 5, 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. The Petitioner markets bamboo components for use in buildings and proposes to sell these components for use in buildings subject to the Florida Building Code.
3. Specifically, the Petitioner markets a particular bamboo pole and has subjected the pole to testing to determine its structural properties. The testing results have indicated use of the product is acceptable under the International Building Code and the International Residential Code and the Petitioner’s quality assurance are compliant with the requirements of the International Code Council.
4. The Petitioner inquires whether it can obtain state approval for the bamboo poles pursuant to Rule 9B-72, Florida Administrative Code [F.A.C.]?
Conclusions of Law
1. The
2. Rule 9B-72.010(22), F.A.C., defines product as “any individual type of manufactured goods, system or method of construction.”
3. The Commission concludes that the bamboo poles described in the Petition are not products within the meaning of the Rule, but rather are raw materials from which products may be manufactured. The Commission notes, however, that the Petitioner’s materials, their characteristics and their mechanical properties are subject to review and approval at the local level.
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
David Sands Mo Madani, C.B.O. Manager
Bamboo Technologies Codes and Standards Section
Post Office Box 1238 Department
of Community Affairs