Memorandum

To: Chairman Ed Carson and Members

Product Approval Program Oversight Committee

From: Theodore Berman, P.E.

Product Approval System Administrator

Date: 9/27/2010

Re: Complaint: RM Enterprises, Inc. vs. BMP International, Inc.

BACKGROUND

At the August 2010 Product Approval POC a complaint was presented by BMP International, Inc. on alleged practices used by R.M. Enterprises, Inc. providing installation instructions of an angle bracket that is a component of a Florida Product Approval FL3203-R1. The applicant for FL3203-R1 is RM Enterprises, Inc. On the Installation Drawings of FL3203-R1 the aforesaid angle bracket is used to anchor A/C equipment to an aluminum beam support.

The basis of the complaint was the alleged use by R.M. Enterprises, Inc. on installations instructions to anchor A/C units of the angle bracket indicating that it has a Florida Product Approval FL3203-R1 to be used to anchor “ground mounted units or concrete roof decks”.

ANALYSIS

There are several issues that were brought up with the complaint:

1. The alleged use of a component of an assembly as having a Florida Product Approval. The approval of an assembly does not indicate Florida Product Approval for the components. (The angle bracket was not approved , the approval was for the AC stand).

2. The alleged installation of a product to substrates other than those on an Approved Florida Product Approval indicating that the product had a Florida Product Approval.

R.M. Enterprises, Inc. has provided new installation instructions that do not refer to a Florida Product Approval. The new installation instructions would be subject to local product approval and therefore outside the scope of the Florida Product Approval Rule.