STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

BERMUDA ROOF CO., INC.                                    Case #:  DCA09-DEC-129

 

 

            Petitioner.

 

_________________________/

 

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from C. S. Breslauer, President of Bermuda Roof Co., Inc., which was received as amended on July 14, 2009.  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.  The Petitioner manufactures a premixed, lightweight, cementitious, mortar-type adhesive product used for attaching tiles to roofs.

3.  The Petitioner proposes utilization of his product in hip and ridge areas of roofs within the high velocity hurricane zone offering testing results demonstrating compliance with the requirements of SSTD-11-99 in support of that use.

4.  The Petitioner inquires whether it can obtain state product approval for its mortar and, if not, assuming that the product is equivalent to those required by the Code, whether use of the product can be approved by the local enforcement authority and whether the Florida can issue a declaratory statement determining equivalence?

Conclusions of Law

1.  The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code and Rule 9B-72, Florida Administrative Code, by entering a declaratory statement.

2.  State product approval is available for “products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code. “  Rule 9B-72.005(2), Florida Administrative Code.

            3.  Section 104.11, Florida Building Code, Building Volume (2007 as amended on 10/01/09), states:

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.

 

            4.   The Florida Building Code adopts by reference the standard SSTD-11-99 and limits its applications to areas outside the high velocity hurricane zone.

            5.   Based on the foregoing, state approval does not apply to the Petitioner’s product.  The Code recognizes the use of equivalent products but specifically reserves the authority to determine equivalence to the particular building official.  If the building official concludes that the product is equivalent to products meeting standards specifically adopted within the Code, the building official shall permit the use of the product.  The Commission, however, cannot determine equivalence of products by issuance of a declaratory statement.

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, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission.  A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3), Florida Statutes.


 

 

DONE AND ORDERED this ______ of _____________, 2009, in Coral Gables, Miami-Dade County, State of Florida.

 

                                                                                    ______________________________

                                                                                    Raul L. Rodriguez, AIA, Chair

                                                                                    Florida Building Commission

                                                                                    Department of Community Affairs

                                                                                    Sadowski Building

                                                                                    2555 Shumard Oak Blvd.

                                                                                    Tallahassee, FL 32399-2100

 

 

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 __________, 2009.

 

                                                                                    ______________________________

                                                                                    PAULA P. FORD

                                                                                    Commission Clerk

 

Via U.S. Mail                                                             Via Hand Delivery

 

C. S. Breslauer                                     Mo Madani, C.B.O. Manager

Bermuda Roof Co., Inc.                                   Codes and Standards Section

1499 West Palmetto Park Road                       Department of Community Affairs

Suite 169                                                          2555 Shumard Oak Blvd.

Boca Raton, Florida 33486                              Tallahassee, FL 32399-2100