STATE OF
BUILDING COMMISSION
In the Matter of
FOMO PRODUCTS, INC., Case #: DCA08-DEC-268
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Sandra Gump of Fomo Products, Inc., which was received on September 12, 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. The Petitioner manufactures Handi Foam
Fireblock and Handi Foam Spray which the Petitioner intends to market for use
in buildings in
3. As identified in an evaluation report submitted with the Petition, Fireblock Foam is a “polyerethane foam plastic sealant that expands to take the shape of cracks and voids. The foam has a flame-spread index of less than 25 and a smoke-devleoped index of less than 450 when tested in accordance with ASTM E 84. The foam is packaged in an aerosol delivery configuration. The foam has been tested in accordance with ASTM E 814 (modified) to establish that the integrity of the fireblocking is maintained when the fireblocking is penetrated.” Handi-Foam Spray Foam is used as thermal insulating and sealing material in cavitites of wall, floor, and ceiling assemblies, and in attics and crawl space applications. Handi Foam Spray Foam adheres to almost any builidng material, making it an ideal solution numerous applications. Spary Foam is often used to stop air infiltation and complete the building envelope. Handi Foam Spray Foam meets the requirements of ASTM E 84, ASTM 2178, ASTM D 2856, ASTM D 1622, ASTM 2126 , ASTM E 283, ASTM E 96, ASTM C 518.
4. The Petitioner asks whether these products fall within the scope of Rule 9B-72, Florida Administrative Code (F.A.C.)?
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 do not fall within any of the foregoing categories. The products are not an element of the structural frame or the building envelope. Therefore, the products are not within the scope of state product approval as set forth in 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
Sandra Gump Mo Madani, C.B.O. Manager
Fomo Products, Inc. Codes and Standards Section
Post Office Box 1078 Department
of Community Affairs