Staff Analysis for Declaratory Statement Request DS2014-152

January 20, 2014

Issue: DS2014-152.  Petitioner seeks a Declaratory Statement on status of state rejected product (Equinox rotating louver roof system) which is outside scope of Rule 61G20-3.001.  The Petitioner requests clarification to the following questions:

 

Is this product, which is solely for exterior applications, outside the building envelope and may not apply for Florida Product Approval?

 

 

Background:

 

Situation:

 

The request focuses on a particular Equinox rotating louver roof system, offered by Euramax International Inc.  The petitioner applied for Florida Product Approval (FL17372) for its Equinox rotating louver roof system under the Category Structural Components and Subcategory Roof Deck.  This product is intended for open outdoor structures such as patio covers, carports, outdoor commercial dining spaces and other similar uses. The application was rejected by the department who said the product is outside the scope of Rule 61G20-3.001.   Our experience is that local building officials may not have the expertise to evaluate the test report and other technical data and reject the building permit since FPA was not obtained.

 

 

 

Rule 61G20-3 PRODUCT APPROVAL

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.

Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(5) FS. History–New 11-22-06, Formerly 9B-72.005, 9N-3.001, Amended 4-1-14.

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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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2010 Florida Building Code, Building, Section 202, Definitions

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

 

2010 Florida Building Code, Building,  Chapter 7, Section 702.1

BUILDING ELEMENT. A fundamental component of building construction, listed in Table 601, which may or may not be of fire-resistance-rated construction and is constructed of materials based on the building type of construction.

 

2010 Florida Building Code, Energy conservation, 202 Definitions

BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floor, roof, and any other building element that enclose conditioned space. This boundary also includes the boundary between conditioned space and any exempt or unconditioned space.

 

Webster’s Third New International Dictionary

BUILDING

A constructed edifice designed to stand more or less permanently, covering a space of land, covered by a roof and more or less completely enclosed by walls, and serving as a dwelling, storehouse, factrory, shelter for animals, or other useful structure – distinguished from structures not designed for occupancy (as fences or monuments) and from structures not intended for use in one place.

 

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2012 NFPA1 fire code

3.3.250 Structural element

The columns and girders, beams, trusses, joists, braced frames, moment- resistant frames, and vertical and lateral resisting elements, and other framing memebers that are designed to carry any portion of the dead or live load and lateral forces, that are essential to the stability of the building or structure.(5000,2012)

 

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2010 Florida Building Code, Building, Section 202, Definitions

SUNROOM. A one-story structure added to an existing dwelling with an open or glazed area in excess of 40 percent of the gross area of the sunroom structure's exterior walls and roof. For the purposes of this code the term "sunroom" as used herein, shall include conservatories, sun spaces, solariums, and porch or patio covers or enclosures.

 

CANOPY. Any fixed roof-like structure, not movable like an awning, and which is cantilevered in whole or in part self-supporting, but having no side walls or curtains other than valances not more than 18 inches (457 mm) deep. Lean-to canopies, fixed umbrellas and similar structures are included in this classification. Structures having side walls or valances more than 18 inches (457 mm) deep shall be classified as a tent as set forth herein.

 

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2010 Florida Building Code, Building, Section 312.1 General.

Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following:

 

Agricultural buildings

Aircraft hangars, accessory to a one- or two-family residence (See Section 412.5)

Barns

Carports

Fences more than 6 feet (1829 mm) high

 

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Florida Statutes

 

553.8425 Local product approval.

(1) For local product approval, products or systems of construction shall demonstrate compliance with the structural windload requirements of the Florida Building Code through one of the following methods:

(a) A certification mark, listing, or label from a commission-approved certification agency indicating that the product complies with the code;

(b) A test report from a commission-approved testing laboratory indicating that the product tested complies with the code;

(c) A product-evaluation report based upon testing, comparative or rational analysis, or a combination thereof, from a commission-approved product evaluation entity which indicates that the product evaluated complies with the code;

(d) A product-evaluation report or certification based upon testing or comparative or rational analysis, or a combination thereof, developed and signed and sealed by a Florida professional engineer or Florida registered architect, which indicates that the product complies with the code;

(e) A statewide product approval issued by the Florida Building Commission; or

(f) Designation of compliance with a prescriptive, material standard adopted by the commission by rule under s. 553.842(15).

(2) For product-evaluation reports that indicate compliance with the code based upon a test report from an approved testing laboratory and rational or comparative analysis by a Florida registered architect or Florida professional engineer, the testing laboratory or the evaluating architect or engineer must certify independence from the product manufacturer.

(3) Local building officials may accept modifications to approved products or their installations if sufficient evidence is submitted to the local building official to demonstrate compliance with the code or the intent of the code, including such evidence as certifications from a Florida registered architect or Florida professional engineer.

(4) Products demonstrating compliance shall be manufactured under a quality assurance program audited by an approved quality assurance entity.

(5) Products bearing a certification mark, label, or listing by an approved certification agency require no further documentation to establish compliance with the code.

(6) Upon review of the compliance documentation, and a finding that the product complies with the code, the authority having jurisdiction or a local building official shall deem the product approved for use in accordance with its approval and limitation of use.

(7) Approval shall be valid until such time as the product changes and decreases in performance; the standards of the code change, requiring increased performance; or the approval is otherwise suspended or revoked. Changes to the code do not void the approval of products previously installed in existing buildings if such products met building code requirements at the time the product was installed.

 

 

Staff Analysis:

 

Question 1: Is this product, which is solely for exterior applications, outside the building envelope and may not apply for Florida Product Approval?

 

Answer: Yes, this product is outside the scope of the state product approval program.  However, the product in question is subject to approval by the local authority having jurisdiction.