Florida Building Commission

Product Approval/Manufactured Buildings

Program Oversight Committee (POC)

 

Minutes

January 24, 2012

2:30 P.M.

Teleconference

2555 Shumard Oak Boulevard, Room 250L

Tallahassee, FL 32399

 

Product Approval Program Oversight Committee members present:  Ed Carson, Chair, Herminio Gonzalez, Chris Schulte, Jeffrey Stone, John Scherer

Absent:  Tim Tolbert, and Nicholas Nicholson

DBPR and Commission Staff attending included:  Mo Madani, Suzanne Davis, Jeff Blair, Leslie Anderson-Adams and Ted Berman. 

 

1.                  The Meeting was called to order at 2:30 P.M. by Chairman, Ed Carson. The agenda was approved as read.  The POC requested that the minutes for November and January be approved at the next meeting.

 

2.                  Product Approval Program issues

 

A.     Staff presented the Product Approval Entities and Statistics Report (01/11/2012).

 

B.     Product Approval Administrator’s Survey – staff reported that there was one response which was as excellent.

 

C.     Product Approval Enhancements/Status – Staff presented a list of enhancements and reported on the progress.  Staff noted that items one and two of the list are in the testing phase and item three is currently in production. 

 

3.                  Declaratory Statements:

 

A. DS2011-096 by Mr. Jeffrey Cooper, Chief Operating Officer, EPOXY-Z – The petitioner provided a brief summary describing the product in question as a roofing maintenance product and not for structural use.  The POC reviewed and discussed the petition and decided to defer determination whether the product in question falls within the scope of Rule 9N-3 to the Roofing TAC

 

B.   DS2011-097 by Mr. Jeffrey Cooper, Chief Operating Officer, EPOXY-Z – The petitioner provided a brief summary describing these three products in question as maintenance materials with no structural applications.  The POC reviewed and discussed the petition and decided to defer determination whether the products in question fall within the scope of Rule 9N-3 to the Roofing TAC.

 

4.         Discussion Items:

 

A.  Structural TAC Recommendations Regarding Equivalency of Standards as follows: ASTM E 1996-05 is Equivalent to 1996-02 and for Impact Devices in Equivalent to 1996-06 – Staff provided a brief explanation and overview of this issue.  The POC affirmed the Structural TAC recommendation as follows:

 

      TAC Action #1:  The Committee unanimously recommended that “ASTM E 1996-05 is equivalent to ASTM E 1996-02.”

     

      TAC Action #2:  The Committee unanimously recommended that “ASTM E 1996 - 05 is equivalent to ASTM E 1996-06 with respect to protective devices, with the exclusion of mullions.”

 

 

B.  Revocations – Process Procedures – Staff presented to the POC proposed language for possible revision to Rule 9N-3.013 to include specific revocation process.  The POC reviewed the proposed language and provided for the following comments:

 

-          Define “imminent hazard”

-          “imminent hazard” as approved by the Commission

-          Define “archiving”

-          Clarify that notice to be delivered via certified mail

 

      The purpose was to request support from the POC to eventually amend the rule to include a revocation process within the rule.  A motion was made with second for the POC to support the proposed language in concept and to proceed with rulemaking as soon as is feasible. Motion passed.   

 

C.  Update on the Spacer Issue – Staff reported that there are four applications still in progress.  Staff requested additional time to allow those manufacturers that are still pending test results to be given more time.  After a lengthy discussion, a motion was made with second to charge the Administrator to get those applications under compliance. Motion passed.  Staff will report this progress at the March 2012 POC Meeting. 

 

4.         Ted Berman & Associates Report – 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.

 

5.         Public Comment –Mr. Dick Wilhelm, FMA:  Raised the issue of affirming compliance to the 2010 Florida Building Code.  He explained that the Manufacturers are struggling with the cost of updating their applications for compliance with the 2010 FBC. These manufacturers have to choose the Revision application process, which costs $500 rather than the Self-Affirmation application process, which costs $100, when the only thing that needs to be changed is a code reference section.  Staff clarified that the provision for updating a code reference section using the affirmation process was in place few years ago and it was changed because the manufacturers were abusing the provision, causing the PA Administrator to conduct a more thorough review.     Mr. Wilhelm suggested that the next POC Meeting take place on site to allow the POC/Commission to hear testimony on this subject.

 

6.         Adjourn – Meeting adjourned at 4:55 P.M.

Actions Needed by the Commission:

 

 

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

 

  1. The POC affirmed the Structural TAC recommendation as follows: 

 

TAC Action #1:  The Committee unanimously recommended that “ASTM E 1996-05 is equivalent to ASTM E 1996-02.”

           

TAC Action #2:  The Committee unanimously recommended that “ASTM E 1996 - 05 is equivalent to ASTM E 1996-06 with respect to protective devices, with the exclusion of mullions.”

 

The POC recommended proceeding with the Rule-Making process to amend 9N-3.015 to include this change.