STATE OF
BUILDING COMMISSION
In the Matter of
LIVING SPACE SUNROOMS, LLC Case #: DCA10-DEC-248
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Kraig Mackett of Living Space Sunrooms, LLC, which was received on December 2, 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 builds sunrooms that are subject to the requirements of the Florida Building Code.
3. Specifically, the Petitioner creates a custom one-of-a-kind vinyl coated aluminum structural frame, which is fabricated to specific measurements and shipped to the site for installation. The only portion of the sunroom in question that does not have an individual product approval is the structural frame, which is engineered for a specific project as per the Aluminum Design Manual.
4. The Petitioner asks whether its product fall under the scope of rule 9N-3?
Conclusions of Law
1. The
2. Section 553.842(10), Florida Statutes, provides:
Products, other than manufactured buildings, which are custom fabricated or assembled shall not require separate approval under this section provided the component parts have been approved for the fabricated or assembled product’s use and the components meet the standards and requirements of the Florida Building Code which applies to the product’s intended use.
3. Rule 9N-3.003, Florida Administrative Code, states:
(1) Prescriptive. Products that have prescriptive specification standards and are manufactured under quality assurance procedures as specified in the Code will be deemed approved. Such products shall include but not be limited to the following:
(a) Structural components covered by United States Department of Commerce Product Standards;
(b) Structural components comprised of products that are assembled or placed in the field and are subject to standardized field testing procedures contained within nationally recognized standards adopted within the Code may demonstrate compliance by a batch ticket or bill of lading made available at the site of assembly or placement; and
(c) Custom (one of a kind) pre-engineered buildings.
4. To the
extent that the Petitioner’s pre-engineered system “sunrooms” is constructed
specific to plan or design “custom/one of a kind” and designed in accordance
with specification standards referenced in the FBC, the system itself falls
outside the scope of the state approval established by Rule 9N-3. However, local approval of the Petitioner’s
system may be required through building plans review and inspection providing
the system be manufactured under quality assurance as specified in the Code.
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
Kraig Mackett Mo
Madani, C.B.O. Manager
Living Space Sunrooms, LLC Codes and Standards Section
355 Tomahawk Drive,
Unit 2 Department
of Community Affairs
Maumee, Ohio 43537 2555
Shumard Oak Blvd.
Tallahassee, FL
32399-2100