Issue:  DS-2014-115 Petitioner Carolina Drake Albano, Representing Nichiha USA, Inc. seeks a Declaratory Statement on 2010 Florida Building Code Residential, Sections R703, R703.4, R703.10, R703.10.2 in Chapter 7: Wall Covering.

 

 

Background:

 

Nichiha USA, Inc. is a Georgia-based manufacturer of fiber cement lap siding used in residential construction throughout the southeast United States. According to the applicant, it has come to their attention that 7-1/4" wide fiber cement lap siding is being installed in a manner, which may be a threat to public safety.  Nichiha's Florida Product Approval Number is FL-12098 for the residential siding family of products.

 

According to the applicant, the above-referenced code sections are not clear on the appropriate spacing of fasteners, nor does it specify when fastener heads can be concealed or exposed. The code leaves room for interpretation of the manufacturers' installation instructions to the code officials and installers at large.

 

According to the applicant, Nichiha has found through independent testing, research, and engineering calculations that, by ignoring a sentence in the testing standard, a testing lab or manufacturer can increase wind resistance by up to 170 percent. The applicant states that they will provide proof of this statement in this document and they seek a declaratory statement that disallows blind nailed installation of this width of siding in the areas in question while testing is performed in the appropriate manner and in accordance with the intent of the wind load testing standard.

 

Staff Analysis

 

Question: 1)  Should the rules governing the installation of fiber cement lap siding be revised or expanded in Florida Building Code sections R703.4 and R703.10.2, particularly with respect to fastening requirements, in order to provide to Florida consumers, installers, and code officials a unified standard of installation, accounting directly for specific design wind engineering criteria to govern limitations, that elevates public safety while reducing uncertainty and unnecessary risk from storm damage?

 

Answer: Answer is not possible. The Declaratory Statement has no particular facts and circumstances therefore it calls for a statement of general applicability.