MARCH 22, 2012







Members Present:  Ed Carson, Chairman, Chris Schulte, Jeffrey Stone, Nicholas Nicholson


Members Absent:  Herminio Gonzalez, Tim Tolbert and John Scherer


Staff Present:  Ila Jones, Mo Madani, Jim Richmond, Leslie Anderson-Adams, Jeff Blair, Suzy Davis


Committee Objectives:


Ø    To Consider/Discuss Product Approval Program Issues

Ø    Declaratory Statements

Ø    Discussion Items

Ø    To Consider/Decide on Approval of Products and Product Approval Entities


Prior to the start of the meeting the facilitator, Jeff Blair, reminded the members and participants of the teleconference etiquette for meetings.  


Agenda Review and Approval:


The meeting was called to order at 2:30 pm by Chairman Ed Carson.  The agenda was approved as read.  The minutes for November 2011 and January 2012 were approved as submitted.


Product Approval Program Issues:


Product Approval Entities and Statistics Report (2/27/12) for the 2007/2010 code cycles were read into the record.


Product Approval Administrator’s Performance Survey for the January approval cycle was read into the record.


2010 Florida Building Code:  Mo Madani reported that activity for the 2010 code is picking up and staff is optimistic that April and June will be fairly busy with everyone trying to get approval. It is expected that the product activity will slow down after that. 


Product Approval Enhancements/Status:  Mo Madani provided a brief update stating that the enhancements and testing are continuing however, there was not much to report at this time.


Discussion Items:


Rule 61G20-3.015 Equivalence of Standards:  Staff deferred to legal to provide an update on the rule making process.  Legal staff stated that most of the rule changes regarding the transfer have been submitted to DBPR and meetings/discussions are continuing to take place.  Legal stated that there was a court decision to streamline the decisions and progress is being made.  We will no longer have to work with the Small Business Regulatory Advisory Council and instead the Office of Fiscal Accountability and Regulatory Reform will take that over.  The process seems to be moving along very well.


Declaratory Statements for EPOXY-Z:  Mo Madani reported that at the last meeting the POC referred Declaratory Statements DS2011-096 & DS2011-097 by Mr. Jeffrey Cooper to the Roofing TAC and provided a summary of the Roofing TAC’s actions on the two Declaratory Statements as follows:


The question was asked of the Roofing TAC was “does EPOXY-Z Cool Roof Coating (DS2011-96) product fall within the scope of Rule 9N-3?”  The answer was yes; the product is a roofing system and does fall under the scope of Rule 9N-3, and however approval of this product is subject to the approval under the local authority having jurisdiction product approval or the state product approval. 


The second Declaratory Statement (DS2011-097) actually had four products: a primer, an adhesive; and so on.  The question: “Do these products fall within the scope of Rule 9N-3?” The answer was yes when used as a roofing product or component and the products do fall within the scope of 9N-3 and thus are subject to approval under the authority having jurisdiction’s product approval or the state product approval.


Revocations-Process/Procedures:  Mo Madani provided an overview of the proposed draft of suggested changes and definitions for the revocation rule. 


The POC suggested the following changes and took the following actions:


-          An amendment to change to the language in section (5) from imminent hazard to imminent danger and delete the definition for “Imminent Hazard”.  Motion passed. 


-          A motion was made to add the language in section 4(b) after “hearing” in conformance in with the requirements of Chapter 120.  


-          Revise item (b) - after “administrative hearing” add “in writing within specific days of receipt of the stated notification.” This will be covered by the reference to Chapter 120, FS.


-          Revise item (c) - to read as follows:


(c) Be sent by U.S. Mail to the approval-holder’s Registered Agent, as designated on the Florida Department of State, Division of Corporations, or to the most recent mailing address provided by the approval-holder to the Commission.  A notice that is addressed to the Registered Agent or to the most recent mailing address provided by the approval-holder and is returned as undeliverable by the U.S. Postal Service, may result in the temporary removal of the approval from the Building Code Information System website until the approval-holder can be located and provided with notice.


POC Action:  the POC voted in support of the changes state above and moved to approve the draft rule as amended.


Update on the Spacer Issue:  Ted Berman reported that at the last meeting he was asked to work with the single issue and try to resolve it before this meeting.  He reported that the manufacturer of FL11634 & 11634-R1 has requested that these applications be withdrawn and archived.  


Ted Berman and Associates Reports:


Products and entities were reviewed and approved.  Recommendations were provided.  DBPR approved products were made available on the agenda as required by rule and no comment was raised at the meeting regarding those products.




Meeting was adjourned at 4:04 pm.


Actions Needed by the Commission:


  1. Ted Berman and Associates report - Products and entities were reviewed and approved.  Recommendations were provided.


  1. Authorization to proceed with rulemaking to establish criteria for process of revocation for an approved product/entity using draft criteria as reviewed and approved by the POC.