Product Approval / Manufactured
Buildings
Program Oversight Committee (POC)
MINUTES
December 8th 2008 – 3.00 pm to 5:23 pm
Product Approval POC Attendees: Ed Carson- Chair, Herminio Gonzalez, Paul Kidwell, and Jeffrey Stone. Staff present: Azhar Khan, Mo Madani, Jeff Blair Rick Dixon and Jim Richmond. Ted Berman, Product Approval Administrator was also present.
There was a quorum.
1. Agenda and minutes from October 6th were approved as
presented.
2. Manufactured Buildings Program Issues
A. Manufactured Buildings Program Budget
Staff presented to the Committee the Manufactured Buildings
Program Budget illustrating the drop in revenue and the fees spent on the
contract for monitoring.
B. The POC
discussed the need for legislative
authority for establishing Manufactured (Modular) Building Program
Administrator. Staff presented the case
for the Manufactured Building Program Administrator due to possible staff
reduction and budget cuts which will impact the Department’s ability to
continue the current management structure of the Manufactured Building
Program. The intent is to contract out
the manufactured buildings program similar to the state product approval
program. Staff requested that the Commission support such legislative authority.
POC Action: The POC recommends that the Commission support the Department’s initiatives to request legislative authority for the following:
1: Contract the manufactures building administrator responsibilities;
2: Manufacturers pay the vendor directly for plans review and inspection services via the Building Code Information System;
3: Department will establish plan review and inspection fees.
3. Product Approval Program Issues
A. Product Approval and Entities Statistics Report
Staff presented the current entities and product statistics from inception of the program.
B. Product Approval Administrator’s Performance survey
Staff presented to the Committee the Survey Results.
C. Statutory authority
for manufacturers / entities to pay the Product Approval Administrator directly
via the BCIS.
POC Action:
The Committee moved to approve Staff request for specific
authority for manufacturer / entities to pay vendor directly via BCIS.
D. Revocations for the
following products:
The Committee voted to defer the item to the next meeting
directing staff to conduct more research on the subject.
|
FL |
Mfg Name |
|
3941-R1 6331 9945 9946 9947 |
Uroll Shutters |
|
5486, 5497 |
TNT Roofing Manufacturer |
|
7140, 7617, 7618 |
Atlantic Windows and Doors, Inc. |
E.
Standard Equivalency between ASTM 1300-2 to ASTM
E 1300-04 with limitations as applied to laminated glass as identified in the
engineering report
Staff informed the committee of the report from the
Structural TAC.
The Structural TAC recognized equivalency of ASTM E 1300-02
to ASTM E 1300-04C with limitations as applied to laminated glass as identified
in the engineering report.
F. Complaint filed
against FL 5343 by Michael J. Wolfe of Advanced Shelter Solutions
Michael J Wolfe of Advanced Shelter Solutions was present
at the meeting to present his case.
The committee voted to dismiss the complaint due to lack of
substantive material evidence necessary to conduct an investigation.
G. Complaint filed
against FL 7350 and FL 9328 by Steve Sincere, PE.
POC Action:
The Committee voted to dismiss the complaint due to the
fact the Florida Board of Engineers voted to dismiss the case.
H. Deadlines for
Product Approval Applications for 2009.
The Committee made changes to the deadlines for the Feb
meeting. The deadlines were adjusted
forward 4 days to allow for more review time due the holidays.
I. Develop criteria
for evaluation entity approval and adopt by Rule or develop recommendation for
2009 legislature for entities to be recognized by law.
The Committee agreed with the
staff recommendations below:
(1)
IAPMO Evaluation
Service (ES) is accredited by ANSI as a certification agency meeting ISO 65.
(Please see the attached accreditation certificate on page 24) Therefore, it is
the staff recommendation that IAPMO by recommended by the Commission for
inclusion in the law as an approved evaluation entity.
(2)
Change the law to
read as follows:
(a) Evaluation entities that meet the
criteria for approval adopted by the commission by rule. The commission shall
specifically approve the, the International Association of Plumbing and
Mechanical Officials Evaluation Service,
the International Code Council Evaluation Services, the Miami-Dade
County Building Code Compliance Office Product Control and National Evaluation
Service, the international Conference of Building Officials Evaluation
Services, the Building Officials and Code Administrators International
Evaluation Services, the Southern Building Code Congress International
Evaluation Services. Architects and engineers licensed in this state are
also approved to conduct product evaluations as provided in subsection (5).
Note: Staff will organize the entities listed above alphabetically.
J. Height of Rollup
Shutters.
Structural TAC made the following recommendation to the
Committee
One cannot assume that larger height of roll-up shutters other than tested will perform as the tested size. Engineering is required to substantiate the increase in height beyond the tested size.
Note: Under the High Velocity Hurricane Zone because of the deflection limit required by the code, roll-up shutters approved by Miami-Dade Code Compliance Office are not allowed to exceed three times the tested height.
The POC directed the Administrator to contact the affected
manufacturers to advise them to make changes to their applications necessary to
comply with the above findings. This would exclude product approvals that are
based on certification through Miami Dade NOA.
K. Update on
Investigation of FL 8843
Ted Berman, Product Approval Administrator, informed the
Committee of his findings.
POC Action:
Based on the administrator’s findings that the issue in
question is outside the scope of Rule 9B-72 and the lack of substantive
material evidence, the Committee voted to dismiss the investigation.
L. Discuss and provide
comments to the rule development workshop on December 15th 2008 for
Rule 9B-72.090 and 9B-72.180
POC Action:
The committee voted in favor of the staff recommendation to
provide comment at the workshop to allow the upload of an attachment for the
self-affirmation method in the Building Code Information System.
The committee also voted to provide comments at the
workshop to allow the standard equivalencies to the following standards:
DASMO108-02 to DASMA 108-05
TPI 1-02 to TPI 1-07
ASTM E 1300-02 to ASTME E 1300-04
M. Investigation of
Improper Validations
Validations for FL1865 and FL2617 were performed on an
incorrect checklist. The Committee asked
the Administrator to send the validator a warning letter to avoid this from
happening again.
4. Declaratory Statements:
DCA08-DEC-339 by Jose Sanchez,
Fenestration Testing Laboratory, Inc
More information is required.
The committee deferred action on this Dec
Statement to the February meeting requesting the presence of the petitioner to provide
more information.
5. Review product approval applications: FL 11095 and FL 11561
The Committee made the following recommendations:
FL 11095 – recommend conditional approval
FL 11561 – recommend approval
6.
Adjourn
The Committee adjourned at 5.23 pm.
Actions
needed by the Commission:
Product Approval POC:
1. The Committee recommends the products and entities listed in Administrator's report be approved, deferred, conditionally approved or denied as per voted on by the Committee.
2. The POC recommends that the Commission support the Department’s initiatives to request legislative authority for the following:
1: Contract the manufactured building administrator responsibilities;
2: Manufacturers pay the vendor directly for plans review and inspection services via the Building Code Information System;
3: Department will establish plan review and inspection fees.
3. The POC
recommends that the following entities be recognized by law:
(a)
Recommend that IAPMO be recommended by the Commission for inclusion in the law
as an approved evaluation entity.
(b) Change the law 553.842 Product
Evaluation and Approval to read as follows:
(a) Evaluation entities that meet the
criteria for approval adopted by the commission by rule. The commission shall
specifically approve the, the International Association of Plumbing and
Mechanical Officials Evaluation Service,
the International Code Council Evaluation Services, the Miami-Dade
County Building Code Compliance Office Product Control and National Evaluation
Service, the international Conference of Building Officials Evaluation
Services, the Building Officials and Code Administrators International Evaluation
Services, the Southern Building Code Congress International Evaluation Services.
Architects and engineers licensed in this state are also approved to conduct
product evaluations as provided in subsection (5).
Note: Staff will organize the entities listed above alphabetically.
4. The POC recommends that the Commission approve Staff
request for specific authority for manufacturer / entities to pay vendor
directly via BCIS.
5. Complaint filed
against FL 5343 by Michael J. Wolfe of Advanced Shelter Solutions
The committee recommends that the Commission dismiss the
complaint due to lack of substantive material evidence necessary to conduct an
investigation.
6. Complaint filed
against FL 7350 and FL 9328 by Steve Sincere, PE.
The Committee recommends the Commission dismiss the
complaint due to the fact the Florida Board of Engineers voted to dismiss the
case.
7. Update on
Investigation of FL 8843
Ted Berman, Product Approval Administrator, informed the
Committee of his findings.
Based on the administrator’s findings that the issue in
question is outside the scope of Rule 9B-72 and the lack of substantive
material evidence, the Committee recommends that the Commission dismiss the
investigation.