STATE OF
BUILDING COMMISSION
In the Matter of
NO-BURN SE INC., Case #: DCA08-DEC-257
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Chris Birchfield of No-Burn SE Inc., which was received on September 5, 2008. Based on the statements in the petition and the material subsequently submitted, 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 manufactures fire-retardant coatings that are field-applied to the exposed surfaces of wood substrates as an interior finish in the interior of new and existing construction to achieve flame-spread and smoke-devleoped indices.
3. The Petitioner intends to market its products for use in buildings constructed in accordance with the Florida Building Code.
4. The Petitioner inquires whether its fire-retardant coatings are subject to state product approval by the Commission in accordance with Rule 9B-72, Florida Administrative Code?
Conclusions of Law
1. The
2. Rule 9B-72.005, F.A.C., states:
(1) Products in the following categories as defined by subcategories of subsection 9B-72.010(31), F.A.C., shall be available for approval by the Commission pursuant to Rule 9B-72.090, F.A.C., for use in the state:
(a) Panel Walls;
(b) Exterior Doors;
(c) Roofing Products;
(d) Skylights;
(e) Windows;
(f) Shutters; and
(g) Structural components.
(2) This rule applies to approval of products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code.
3. Petitioner’s products are not elements of the building envelope or structural frame and are, therefore, outside of the scope of state product approval pursuant to Rule 9B-72, F.A.C. The Commission notes, however, that the Petitioner’s products and their characteristics are subject to review and approval at the local level.
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 _____________, 2008, 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 __________, 2008.
______________________________
PAULA P. FORD
Commission Clerk
Via
Chris Birchfield Mo Madani, C.B.O. Manager
No-Burn SE Inc. Codes and Standards Section
Department of Community
Affairs