STATE OF
BUILDING COMMISSION
In the Matter of
LEVEREDGE Case #: DCA10-DEC-034
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from C. W. (Ben) Bentley of Leveredge, which was received on February 12, 2010. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, 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. Petitioner is a manufacturer and distributor
of solar water heating systems, and particularly #1175, model #0-80-40. Petitioner’s systems have been listed as
complying with the performance standards established by the
3. Petitioner’s product incorporates only a
pressure relief valve in the solar loop portion of its systems. The Petitioner and the
4. The Petitioner inquires whether the Florida Building Code, Residential Volume (2007) [FBC-Residential], allows installation of an active direct solar water heating system that includes a pressure relief valve in the solar loop rather than a pressure and temperature relief valve?
Conclusions of Law
1. The
2. Section M2301.2.3, FBC – Residential, provides that “[s]ystem components containing fluids shall be protected with pressure- and temperature-relief valves. Relief devices shall be installed in sections of the system so that a section cannot be valved off or isolated from a relief device.”
3. M1307.1, FBC – Residential, states that “[i]nstallation of appliances shall conform to the conditions of their listing and label and the manufacturer's installation instructions. The manufacturer's operating and installation instructions shall remain attached to the appliance.”
4. Section 377.705(4), Florida Statutes (2009), states:
(a) The Center shall develop and promulgate standards for Solar Energy systems manufactured or sold in this state based on the best currently available information and shall consult with scientists, engineers, or persons in research Centers who are engaged in the construction of, experimentation with, and research of Solar Energy systems to properly identify the most reliable designs and types of Solar Energy systems.
(b) The Center shall establish criteria for testing performance of Solar Energy systems and shall maintain the necessary capability for testing or evaluating performance of Solar Energy systems. The Center may accept results of tests on Solar Energy systems made by other organizations, companies, or persons when such tests are conducted according to the criteria established by the Center and when the testing entity has no vested interest in the manufacture, distribution or sale of Solar Energy systems.
5. Section N1112.ABC.3.4, FBC – Residential, states:
Solar systems for domestic hot water production are rated by the annual solar energy factor of the system. The solar energy factor of a system shall be determined from the Florida Solar Energy Center Directory of Certified Solar Systems. Solar collectors shall be tested in accordance with ISO 9806, Test Methods for Solar Collectors, and SRCC TM-1, Solar Domestic Hot Water System and Component Test Protocol. Collectors in installed solar water heating systems should meet the following criteria:
1. Be installed with a tilt angle between 10 degrees and 40 degrees of the horizontal; and
2. Be installed at an orientation within 45 degrees of true south.
6. FSEC has specific statutory authority relating to standards for the performance of solar energy systems. In the instant case, where the issue relates only to performance of the system itself and does not impact the building in which the system is installed or implicate lifesafety concerns, that specific authority supersedes the general authority related to the Code’s construction standards.
7. Based on the foregoing, Petitioner’s system with a pressure relief valve in the solar loop may be utilized consistent with the requirements of the FBC-Residential provided that the installation is in accordance with the system’s listing/certification and the manufacturer’s installation instruction.
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 _____________, 2010, in
______________________________
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 __________, 2010.
______________________________
PAULA P. FORD
Commission Clerk
Via
C. W. (Ben) Bently Mo Madani, C.B.O. Manager
Chairman of the Board Codes and Standards Section
Leveredge Department
of Community Affairs