Florida Building Commission

 

Product Approval/Manufactured Buildings Program Oversight Committee (POC)

 

Minutes

 

December 8, 2009

8:00 am – Completion

Rosen Center Hotel

9840 International Drive

Orlando, Florida

1-407-996-9840

 

Product Approval Program Oversight Committee members present:  Ed Carson – Chair, Chris Schulte, Herminio Gonzalez, Tim Tolbert & Jeff Stone;   DCA and Commission staff attending included:  Ila Jones, Mo Madani, Joe Bigelow, Suzanne Davis, Jeff Blair and Jim Richmond.

 

1.                  The meeting was called to Order by Chairman Ed Carson.  The agenda was approved and the minutes were approved as amended to include Jeff Stone as an attendee.  The October 8th Minutes were read and approved.

 

2.                  Product Approval Program Issues

A.     Staff presented the Product Approval Entities and Statistics Report (3/1/2009 – 11/4/2009) for the 2007 FBC.

B.     Product Approval Administrator’s Performance Survey – staff presented the survey to the POC members and stated that the overall performance of the Administrator is good to excellent.

 

3.                  Discussion Items:

 

A.      Staff report/findings regarding the Validator of FL12017:  Mr. Joel Greenstein testified before the POC and answered questions related to the issue of missed reviews of the product approval.

 

POC Action:  The POC stated that the validator has made a mistake and the remedy to this situation is to provide education/training to the validators through coordination efforts by the staff and the administrator.  Also the POC expressed a need to send a letter of warning to the validator substantiating concerns raised at the meeting and that a copy of the letter forwarded to the Board of Engineers.  Staff was asked to draft the warning letter for consideration and review at the February POC meeting.  

 

B.     Discussion of Revocations (1971, 6219, 2494-R2, 8092, 4117-R1, 4607, 5709, 5733, 5233, 5786, 6424-R1, 6800, 7346-R1, 7442-R1, 7530, 7560, 7564, 7584, 7609, 8426, 8672, and 8729) (1712-R2 and 1714-R1)

 

POC Action:

1.  The POC recommended that Products 1971, 6219, 2492-R2 & 8092 be archived.

 

2. The POC recommended revocation for the following products pending further review by Legal:  4117-R1, 4607, 5709, 5733, 5233, 5786, 6424-R1, 6800, 7346-R1, 7442-R1, 7530, 7560, 7564, 7584, 7609, 8426, 8672, and 8729 (1712-R2 and 1714-R1)

 

C.       Staff provided clarification regarding treatment of roof insulation for state product approval providing for approving roof insulation criteria:

 

(1) The approval is limited to roof insulation

(2) Fire classification and thermo performance of the insulation is not part of the approval

(3) Not a structural component – may be considered part of the load path

(4) Scope of approval is limited to an approved roof covering which list specific insulation as a component part of an approved roof assembly

 

D.     Clarification of specific provisions within Administrator’s contract. Legal staff provided a clarification on the issue as attached to the agenda and no further clarification was needed.

 

E.      Review and comments on the draft “Invitation to Negotiate for Administrative Services for the State Product Approval Services”

Staff presented the ITN to the POC providing opportunities for review and comments.

 

POC Action:  The POC recommended that staff go forward with publishing the ITN with consideration of minor corrections noted by the members and appointed Ed Carson as the POC representation on the ITN Evaluation/Negotiation team.

 

F.      Discussion of application of the State Product Approval System to the installation and the superstructure of AC Equipment.

Staff provided an issue paper on the subject and the POC provided for the following action:

 

POC Action:  The POC considered staff’s recommendation and provided that the AC equipment that are attached to the building envelope fall within the scope of Rule 9B-72 as follows:

(1)        Roof top AC equipments

 

(a)        Category of product: Roofing products; and Subcategory: either “roofing accessories that are an integral part of the roofing system” or “product introduced as a result of new technology, or

(b)        Category of product:  Structural components; and Subcategory: either “pre-engineered air conditioner stands” or “products introduced as a result of new technology”.

 

(2)        Wall mounted AC equipments: 

 

Category of product:  Structural components; and Subcategory: either “pre-engineered air conditioner stands” or “products introduced as a result of new technology”.

 

Compliance method:  Certification mark or listing, test report, evaluation report from an entity or evaluation report from an architect or engineer.

 

G.     Provide comments to rule hearing of December 9, 2009 on 9B-72.130 – Limits number of Products per application. 

There were no comments by the members or the public on this subject.

 

H.     Review and discussion for comments received from the PA workshop.

Staff presented the comments including staff concerns regarding each comment. Further, the POC reviewed an issue paper prepared by staff regarding allowing 10 days turnaround approval for products demonstrating compliance using certification mark or listing so that products get into the market faster. 

 

POC Action:  The POC expressed concern regarding the proposal and expressed the need to work with the industry to address their concerns and would take up the issue at the February meeting. 

 

4.                  Ted Berman & Associates Report – Products and entities were reviewed and approved recommendation were provided. 

 

5.                  Adjourn – Meeting adjourned at 12:18 pm.

 

 

 


Actions Needed by the Commission:

 

1.  The POC recommended that aggressive education is needed for the validators.

Action: TB&A will work on common mistakes made by validators during their review process.  TB&A will put together a conference call to discuss mistakes common during a review cycle.

DCA: Will draft a warning letter for validators and bring to the February POC meeting for review/approval.

 

2. The POC recommended that Products 1971, 6219, 2492-R2 & 8092 be archived. Products 4117-R1, 4607, 5709, 5733, 5233, 5786, 6424-R1, 6800, 7346-R1, 7442-R1, 7530, 7560, 7564, 7584, 7609, 8426, 8672, and 8729 (1712-R2 and 1714-R1) be revoked with the possibility of withdrawl.

Action:  DCA staff will archive 1971, 6219, 2492-R2 & 8092 and products 4117-R1, 4607, 5709, 5733, 5233, 5786, 6424-R1, 6800, 7346-R1, 7442-R1, 7530, 7560, 7564, 7584, 7609, 8426, 8672, and 8729 (1712-R2 and 1714-R1) be revoked with the possibility of withdrawl.

 

3.  Review and comments on the draft “Invitation to Negotiate for Administrative Services for the State Product Approval Services”

Staff presented the ITN to the POC providing opportunities for review and comments.

POC Action:  The POC recommended that staff go forward with publishing the ITN with consideration of minor corrections noted by the members and appointed Ed Carson as the POC representation on the ITN Evaluation/Negotiation team.

  1. Ted Berman & Associates Report – Products and entities were reviewed and approved. recommendation were provided. 

POC Action:  The Committee recommends the products and entities listed in the Administrator’s report be approved, deferred, conditionally approved or denied as per voted on by the Committee.