Interpretation #6753
Published May 27, 2011
Original Request
- Code Version
- 2007
- Code
- BUILDING
- Code Description
- Building
- Chapter
- 1
- Section
- Product Approval
- Topic
- Product Approval
Question
Is it the intent of Rule 9N-3 to apply to the following situations: (1)Is a freestanding, ground level AC condensing unit support pad that is not attached to, or a part of the envelope or structure, required to have Product Approval? (2)Can a free standing, ground level AC condensing unit support pad that is not part of the envelope or structure, be approved by a Building Official, if there is signed, raised sealed engineering and a Certificate of Independence by a Licensed Florida PE stating that the product meets both the current edition of the Florida Building Code and the requirements of the Wind-Borne Debris Region, Category “C”? (3)Can a free standing, ground level AC condensing unit support pad that is not part of the envelope or structure, be approved by a Building Official for use without third party testing or a listing where no such category, testing or listing exists?
Answer Published 05/27/2011 at 9:16 AM
1. No
2. Yes, if that information is provided, the Building
Official is expected to review this information and make a
decision.
3. Yes, properly documented engineering data is anticipated
as a part of the local product approval process. When sound
engineering data is provided showing compliance with the
code, it can be accepted by the Building Offical.
Product approval is a three step process. The first step in
the product approval process starts and stops with the
Building Official. The Building Code allows the Building
Official to approve any product for any use if it meets the
requirements and intent of the Code. Section 104.9 of the
2007 Florida Building Code with the 2009 supplement
states, "Approved materials and equipment - Materials,
equipment and devices approved by the building official
shall be constructed and installed in accordance with such
approval."
The Building Official bases this approval on experience,
knowledge, documentation, engineering information or
reports and discussion with the other knowledgeable persons
surrounding them. If they do not feel confident with that,
the next step is to require testing data from a recognized
entity such as ICC-ES or a Miami-Dade Testing Lab NOA. The
final step in the product approval would be the optional
Florida Product Approval. It is imperative to note the
Florida Product Approval process is ONLY available for
those items associated to the envelope. The type of product
referenced in this question would not fall into this
category and Florida Product Approval is not an option,
returning the first or second step as addressed above.
2. Yes, if that information is provided, the Building
Official is expected to review this information and make a
decision.
3. Yes, properly documented engineering data is anticipated
as a part of the local product approval process. When sound
engineering data is provided showing compliance with the
code, it can be accepted by the Building Offical.
Product approval is a three step process. The first step in
the product approval process starts and stops with the
Building Official. The Building Code allows the Building
Official to approve any product for any use if it meets the
requirements and intent of the Code. Section 104.9 of the
2007 Florida Building Code with the 2009 supplement
states, "Approved materials and equipment - Materials,
equipment and devices approved by the building official
shall be constructed and installed in accordance with such
approval."
The Building Official bases this approval on experience,
knowledge, documentation, engineering information or
reports and discussion with the other knowledgeable persons
surrounding them. If they do not feel confident with that,
the next step is to require testing data from a recognized
entity such as ICC-ES or a Miami-Dade Testing Lab NOA. The
final step in the product approval would be the optional
Florida Product Approval. It is imperative to note the
Florida Product Approval process is ONLY available for
those items associated to the envelope. The type of product
referenced in this question would not fall into this
category and Florida Product Approval is not an option,
returning the first or second step as addressed above.
Commentary
Product approval is a three step process. The first step in
the product approval process starts and stops with the
Building Official. The Building Code allows the Building
Official to approve any product for any use if it meets the
requirements and intent of the Code. Section 104.9 of the
2007 Florida Building Code with the 2009 supplement
states, "Approved materials and equipment - Materials,
equipment and devices approved by the building official
shall be constructed and installed in accordance with such
approval."
The Building Official bases this approval on experience,
knowledge, documentation, engineering information or
reports and discussion with the other knowledgeable persons
surrounding them. If they do not feel confident with that,
the next step is to require testing data from a recognized
entity such as ICC-ES or a Miami-Dade Testing Lab NOA. The
final step in the product approval would be the optional
Florida Product Approval. It is imperative to note the
Florida Product Approval process is ONLY available for
those items associated to the envelope. The type of product
referenced in this question would not fall into this
category and Florida Product Approval is not an option,
returning the first or second step as addressed above.
If the product does not fall under the state product
approval rule, that option is not available. It is up to
the jurisdiction to determine whether or not the product
complies with the code. Florida Statute 553.842 contains
provisions related to local product approvals.