Issue: DS2017-072. Petitioner seeks a Declaratory Statement on whether fire retardant products as listed below fall outside scope of Rule 61G20-3

Background:

Situation:

The request focuses on fire retardant products, offered by Global Fireproof Solutions, Inc. These products have been reviewed and certified by ICC and Intertek Laboratories. Currently, the Petitioner has a Declaratory Statement “DCA08-DEC-257” for similar products, which was issued in 2008.

According to the Petitioner, the products in question are not of structural nature, but provide a fire and mold protection layer to the structural components including wood, steel, drywall, foam insulation, plastics and fabric. The products are interior and exterior Class A fire retardant products that are non-toxic, non-carcinogenic and 100% green. The exterior applications require top coat protection of a paint or sealant for element protection. The products react to fire by creating a char barrier that protects the substrate from the fire and heat. The products only need to be re-applied in the areas activated by a fire, otherwise the protection will last the life of the structure. All applications are spray applied by Certified Global Fireproof Solutions technicians and inspected by GFS certified inspectors, per the ICC requirements.

General consideration is as follows:

1. GFS products are recognized under ICC ESR-3872, ICC ESL-1087, IAPMO ER-788, lntertek CCRR-1044

2. GFS products have been tested in accordance with ASTME, NFPA and independent laboratories.

3. Name of Product Manufacturers and Product:

a) Fire Retardant Coatings of Texas, Inc.- FX LumberGuard and FX LumberGuard XT

b) Shield Industries, Inc. - FireGuard E84, FireGuard XL95, Fabric FireGuard

4. GFS maintains its quality assurance program Certified by Intertek in accordance with ICC requirements.

DCA08-DEC-257

Question: The Petitioner inquires whether its fire-retardant coatings are subject to state product approval by the Commission in accordance with Rule 9B-72, Florida Administrative Code.

Answer: Petitioner’s products are not elements of the building envelope or structural frame and are, therefore, outside of the scope of state product approval pursuant to Rule 9B-72. F.A.C. The Commission notes, however, that the Petitioner’s products and their characteristics are subject to review and approval at the local level.

61G20-3.001 Scope.

(1) Products in the following categories as defined by subcategories of subsection 61G20-3.002(33), F.A.C., shall be available for approval by the Commission pursuant to Rule 61G20-3.007, F.A.C., for use in the state:

(a) Panel Walls;

(b) Exterior Doors;

(c) Roofing Products;

(d) Skylights;

(e) Windows;

(f) Shutters;

(g) Structural Components; and

(h) Impact Protective Systems.

(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.

61G20-3.002 Definitions.

31) Structural component means any part or assembly of buildings that comprises the main wind force resisting system and components or cladding.

(g) For structural components: truss plates, wood connectors, anchors, exterior coolers-freezers, insulation form systems, engineered lumber, pre-engineered air conditioner stands, structural wall components, and roof deck, and products introduced as a result of new technology.

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Staff Analysis:

Question 1: Do the products listed above fall within the scope of Rule61G20-3?

Answer: No, the products in question are not elements of the building envelope or structural frame and, therefore, fall outside of the scope of the state product approval pursuant to Rule 61G20-3, F.A.C. However, the products in question are subject to review and approval at the local level.