STATE OF
BUILDING COMMISSION
In the Matter of
SNAPPBATT Case #: DCA09-DEC-375
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Tim Johnson of SnappBatt, which was received on November 20, 2009. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, 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 a product that it
intends to release for sale within the State of
3. The subject product was developed to add airspace into a tile roof system by elevating the tile approximately one-half inch above the underlayment. The product in question has been reviewed and tested by the Tile Roofing Institute and the Institute has classified the Petitioner’s product as a shim. The Petitioner’s product is not a fastener of integral part of the roofing system use of which is not required by code and provides an optional method of providing air space beneath the tile.
4. The Petitioner inquires whether state product approval is available with regard to its product and whether there are requirements for product approval related to the use of the Petitioner’s product?
Conclusions of Law
1. The
2. Rule 9B-72.005, Florida Administrative Code, identifies the scope of products for which the Commission is authorized consider state approval. The scope does not encompass shims in isolation.
3. Section 104.11, Florida Building Code, Building Volume (2007) [FBC, Building] provides that:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.
4. Section
202,
5. The Code does not contain provisions relating specifically to the use of the Petitioner’s product and, therefore, by operation of section 104.11, use of the product is subject to review and approval by the authority having jurisdiction.
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
Tim Johnson Mo Madani, C.B.O. Manager
Principal Codes and Standards Section
SnappBatt Department
of Community Affairs
3749-D
Gulf