Florida Building Commission

Product Approval/Manufactured Buildings

Program Oversight Committee (POC)

 

Minutes

February 1, 2010

8:00 A.M. – Until Completion

 

Embassy Suites at USF

Tampa, Florida

 

Product Approval Program Oversight Committee members present:  Ed Carson, Chair Chris Schulte, Herminio Gonzalez, Tim Tolbert; DCA and Commission Staff attending included:  Mo Madani, Suzanne Davis, Jeff Flair and Jim Richmond

 

1.                  The Meeting was Called to Order by Chairman, Ed Carson. The agenda and minutes were approved as presented.

 

2.                  Product Approval Program issues

 

A.  Staff presented the Product Approval Entities and Statistics Report (3/1/2009 – 1/22/2010)

 

Note:  The POC members asked for clarification on the Quality Assurance Contract Expiration Dates showing that 775 contracts have expired.  Staff will review this statistic and provide the POC with a clarification of the total count of 775 as part of the statistic report for the April POC meeting. 

 

B.     Product Approval Administrator’s 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.     Review and approval of the Validator warning letter to Mr. Joel Greenstein. 

 

POC Action:  The POC approved the letter to be finalized and requested that staff sign and send to Mr. Greenstein and a copy forwarded to the Board of Engineers.

 

B.  Update on Validator Training and Current Improvements – Staff reported that TB&A will be hosting a training session immediately following the POC meeting.  Current Improvements – Staff reported that staff has continued to work on the listed improvements including the most common mistakes found in the review of applications. A list of most common mistakes was emailed to all validators for their review prior to this meeting.  These issues will also be presented as part of the Validator Training.

 

C.  Update on the Product Approval Administrator ITN – Staff reported that the ITN was posted and a Q&A received and answered.  All information has been posted on the DMS Vendor Bid System. Staff reviewed the timelines for the ITN’s completion.

 

D.  Certification/Testing of Plastic Materials as a component of an assembly – TB&A requested guidance from the POC if product approval applications of products utilizing vinyl linear components and/or fiberglass be required to utilize a certified fabricator that would be listed on the application.  Discussion took place and it was decided by the POC that this action would not be necessary and certification from fabricators is not necessary.

 

E.  Review/Approval of NTA and Architectural Testing, Inc. as Evaluation Entities.

 

POC Action:  The POC voted that Rule 9B-72 be opened for noticing and proceeding with adoption process to incorporate the said entities.

 

F.  Review/Discussion of the 10-day turnaround approval for products demonstrating compliance using certification mark or list so that products get into the market faster. 

 

POC Action:  Motion was made and second to move the approval of staff’s recommendation for current legislation with the exception that products having certification mark or listing from an approved certification agency and validated by an approved certification agency be deemed approved.  The specific language is as attached.  Clarification and discussion took place, the POC’s vote was tied.  The issue will automatically go before the Commission for final action.

 

4.         Declaratory Statements:

           

            DCA09-DEC375 by Jim Johnson of SnappBatt.

           

   POC Action:  Motion was made and second to support the staff recommendation.  Motion passed.

 

DCA09-DEC410 by Frank L. Bennardo, P.E. of Engineering Express

 

POC Action:  Motion was made and second to support the staff recommendation of dismissal due to the fact that issues raised by the petition is subject to the local appeal process.  Motion passed.

 

DCA09-DEC411 by Manny Sanchez of Fenestration Testing Laboratory, Inc.

 

POC Action:  Motion was made and second to support the staff recommendation.  Motion passed.

 

5.         Ted Berman & Associates Report – Products and entities were reviewed and approved recommendations were provided.

 

6.         Adjourn – Meeting adjourned at 11:06 a.m.

 


Actions Needed by the Commission:

 

 

1.         Review and approval of the Validator warning letter to Mr. Joel Greenstein.

 

POC Action:  The POC approved the validator’s warning letter to be finalized and requested that staff sign and send to Mr. Greenstein and a copy forwarded to the Board of Engineers.

 

2.         Review/Approval of NTA and Architectural Testing, Inc. as Evaluation Entities.

 

POC Action:  POC Action:  The POC voted that Rule 9B-72 be opened for noticing and proceeding with adoption process to incorporate two evaluation entities (NTA, Inc. and Architectural Testing, Inc.

 

3.         Review/Discussion of the 10-day turnaround approval for products demonstrating compliance using certification mark or list so that products get into the market faster. 

 

POC Action:  Motion was made and second to move the approval of staff’s recommendation for current legislation with the exception that products having certification mark or listing from an approved certification agency and validated by an approved certification agency be deemed approved.  The specific language is as attached.  Clarification and discussion took place, the POC’s vote was tied.  The issue will automatically go before the Commission for final action. (See below for specific text)

 

4.         Ted Berman and Associates report – Products and entities were reviewed and approved.  Recommendations 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.