Product Approval Declaratory Statements

2004 and 2001 Florida Building Code

Declaratory Statement	Topic
DCA08_DEC_047	Rule 9B-72 does not apply to the Petitioner's product.
DCA07_DEC-194	Based on Rule 9B-72.010 Definitions, this product (E-Z fire tape) falls outside the scope of Rule 9B-72.
DCA07-DEC-078	If products meet the HVHZ, they are acceptable in the rest of the state (double hung windows).
DCA07-DEC-050	The product (roof decking anchoring system) is outside the scope of Rule 9B-72.
DCA07-DEC-034	The product (bricks) falls within the scope of Rule 9B-72.
DCA06-DEC-294	The proposed metal receptor system is covered under products introduced as a result of new technology. The use of the product must be evaluated on a case by case basis and by the window manufacturer for the specific installation.
DCA06-DEC-287	The use of pre-cast concrete posts as structural components is contingent upon product approval.
DCA06-DEC-284	Adhesive is an acceptable means of fastening the first course of tile as long as it is part of an approved roofing system meeting the requirements of Chapter 16 of the Florida Building Code, Building.
DCA06-DEC-283	The aftermarket retrofit does not fall under the scope of Rule 9B-72.
DCA06-DEC-282	Fasteners, other than roofing fasteners, do not fall under the scope of Rule 9B-72.
DCA06-DEC-273	Hurricane shutters and their components come under the scope of Rule 9B-72, however product development is outside that scope.
DCA06-DEC-216	The product (plastic accessories which concrete in rebar and mesh applications) falls outside the list of categories in Rule 9B-72. It is not a product or system comprising the building envelope or structural frame.
DCA06-DEC-200	Anchor substitutes (nail fin) are not acceptable for what was originally tested. Rational engineering analysis cannot be used in place of standard testing except that local projects may have specific product approval in accordance with alternate methods and materials authorized in the code.
DCA06-DEC-179	Custom fabricated buildings are outside the scope of Rule 9B-72.
DCA06-DEC-094	Rule 9B-72 does not limit the distribution of test reports.
DCA06-DEC-072	Siding is governed by Rule 9B-72.
DCA06-DEC-067	A test from an unaccredited lab is insufficient for an approval under Rule 9B-72.
DCA05-DEC-284	The product (net) falls outside the scope of Rule 9B-72.
DCA05-DEC-245	Substantiating data such as test data or rational calculations are not required to be included in the evaluation report as long as they are referenced in the report.
DCA05-DEC-159	Decorative cementitous coating does not fall under Rule 9B-72
	2001 Florida Building Code
DCA05-DEC-074	Cement bonded particle board is a sub-flooring material which is not covered by Rule 9B-72.
DCA05-DEC-073	Test reports may be used for more than one client requesting the same evaluation for their own state approval. (tube mullion)
DCA05-DEC-047	Window flashing and weather resistant barriers are analogous to housewraps which are not covered by Rule 9B-72. See DCA04-DEC-192.
DCA04-DEC-219	The louvers are within the scope of the exemption in 533.842(11) FS. The non-standardized models, installed pursuant to a custom engineered design, are not subject to the requirements of Rule 9B-72.
DCA04-DEC-195	Pre-engineered hatches meet the definition of structural component and are subject to the requirements of Rule 9B-72. See DCA04-DEC-161.
DCA04-DEC-161	A pre-engineered roof access hatch attached to the structure meets the definition of structural component under Rule 9B-72.
DCA04-DEC-157	Component hardware for exterior doors falls under Rule 9B-72 but does not need separate approval if part of an approved door assembly.
DCA04-DEC-123	See DCA04-DEC-070 regarding pre-engineered metal buildings that are custom fabricated and are not subject collectively to Rule 9B-72.
DCA04-DEC-070	Custom fabricated buildings in accordance with 553.842(11) FS do not need approval for the buildings, however, steel deck diaphragms, siding, sheathing, windows, doors, etc. are subject to Rule 9B-72.
DCA04-DEC-069	Building officials are only precluded from requiring further evaluation when a product is being used consistent with the conditions of its state approval, is evaluated to a standard method adopted by the code and its compliance is certified by an approved evaluation entity, testing lab or certification agency. The law does not preclude a building official from allowing further evaluation to demonstrate a product’s compliance with code requirements for a specific to a project.
DCA04-DEC-066	Retrofitted devices (self closing self-latching devices with a release mechanism on sliding doors for swimming pool barriers) are not subject to Rule 9B-72.
DCA04-DEC-051	The local jurisdiction in only authorized to obtain proof of state product approval for products that have obtained statewide approval consistent with the limitations of use and installation instructions identified by the state approval. The petitioner is not required to submit signed and sealed drawings of such products.
DCA03-DEC-298	The mesh safety pool barrier is not a building envelope and does not fall under Rule 9B-72.
DCA03-DEC-296	A local jurisdiction is only authorized to obtain proof of statewide approval for products that have obtained statewide approval used in a manner consistent with the limitations of statewide approval.
DCA03-DEC-083	Testing at a manufacturer’s in-house facility is acceptable as long as the code compliance certification is prepared by an approved evaluation entity, certification agency, testing lab or a Florida registered architect or engineer. See DCA02-DEC-242.
DCA02-DEC-259	The local building official has the discretion to determine whether the product is proper for use under the Florida Building Code.
DCA02-DEC-142	Testing labs must provide a certificate of independence. If not independent, the testing data generated may be used by an approved evaluation entity, certification or listing agency for documenting code compliance.