STATE OF
BUILDING COMMISSION
In the Matter of
StormWatch, Inc., Case #: DCA10-DEC-209
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Michael Murray of StormWatch, Inc., which was received on October 26, 2010. Based on the statements in the petition and the information 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 fabric storm panels for use with buildings that are subject to the Florida Building Code.
3. Specifically, Petitioner believes that its product should be permissible for use within the high velocity hurricane zone, and be approved by the Commission for that purpose, despite the fact that deflection of the fabric storm panel exceeds the 2” limit when compared to an L/30 formula (L/30) as required by Section 1613.1.9, Florida Building Code, Building Volume (2007 as amended on October 1, 2009).
4. Specifically, the Petitioner asks the following questions:
(a) Is 1613.1.9 intended to mitigate fatigue failure, “entering the plastic range”, of metal storm shutters and/or metal shutter supporting structures and components
by limiting the deflection to 2” based on a length to deflection formula of L/30?
(b) Has it been determined that “Fabric Storm Panels” or fabric shutters have a “plastic range” or that they suffer from fatigue failure induced by deflections greater than 2” based on a length to deflection formula of L/30 or any other?
(c) Section 1613.1.9 specifically and only refers to a minimum separation from the glass. Has it been determined that openings or areas that have no glass are subject to 1613.1.9?
(d) Will storm shutters be required to be installed to deflect into this narrow range of separation?
(e) Will storm shutters be permitted to be more than 2” from the glass after maximum deflection?
(f) The relationship between L/30 and the 2” deflection limit is not directly indicated as a requirement by the language of 1613.1.9, but inferred from the language. Statements have been made in POC meetings that what is in the code is the rule and no interpretation as to intent of the rule can be allowed. Is it not the case that the relationship between the 2” deflection and L/30 is in itself an interpretation to clarify the intent of the rule, and if the rule can be interpreted to clarify intent to one end, it can be interpreted to clarify the intent to another end, such that 1613.1.9 is only intended to apply to metal shutters preventing excessive deflection which would lead to fatigue failure and being that fabric storm panels and some other shutter types that are designed to bend and do not suffer from deflection induced fatigue failure would not be subject to 1613.1.9 and be exempt from L/30?
(g) Florida Statute 553.842 provides that manufactures have the option of receiving a state or local approval. If 1613.1.9 is intended to prevent deflection induced fatigue failure of metal components and the code section continues to be applied to products that are not subject to this type of failure how are manufacturers guaranteed a means other than a local approval to demonstrate compliance within the HVHZ?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code and Rule 9N-3, Florida Administrative Code, by entering a declaratory statement.
2. Section 1613.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009), provides the following requirement relating to the high velocity hurricane zone:
Allowable deflections. The deflection of any structural member or component when subjected to live, wind and other superimposed loads set forth herein shall not exceed the following:
. . .
9. Storm shutters and fold-down awnings, which in the closed position shall provide a minimum clear separation from the glass of 1 inch (25 mm) but not to exceed 2 inches (51 mm) when the shutter or awning is at its maximum point of permissible deflection L/30
3. The foregoing expresses a clear and unambiguous, mandatory requirement applicable to storm shutters without differentiating between, or discriminating against any particular material or method of construction. In specific response to the questions posed by paragraphs (4)(a), (f) and (g) above, this Section applies to the Petitioner’s product if the product is to be used as a storm shutter in the high-velocity hurricane zone regardless of the products’ materials or physical properties..
4. The Petitioner has provided insufficient factual basis for the Commission to determined whether fabric shutters have a “plastic range” or that they suffer from fatigue failure induced by deflections greater than 2” based on a length to deflection formula of L/30 or any other; specific product strength and material is subject to testing and evaluation as determined through the product approval process.
5. With regard to the Petitioner’s question about applicability of this code provision to areas that have no glass, Section 1613.1.9(9) of the code applies to the use of the Petitioner’s product as a storm shutter regardless of whether the opening to be covered by the shutter is glazed or not.
6. With regard to the Petitioner’s question regarding the range of separation, the section explicitly requires that storm shutters must provide a minimum clear separation from the glass a minimum of 1 inch and the deflection limit of the shutter fabric must not exceed 2 inches.
7. As posed by the Petition, storm shutters are permitted to be more than 2” from the glass after maximum deflection as long as the deflection limit of the product does not exceed 2 inches.
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 _____________, 2011, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
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 __________, 2011.
______________________________
PAULA P. FORD
Commission Clerk
Via Electronic
Mail Via
Hand Delivery
Michael Murray Mo Madani, C.B.O. Manager
President, Codes and Standards Section
StormWatch, Inc. Department
of Community Affairs
mmurray@stormwatchinfo.com 2555 Shumard
Oak Blvd.
Tallahassee, FL 32399-2100