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MIAMI-DADE NOA OUTSIDE HVHZ
Some confusion has arisen since the new Florida Building Code went
into effect regarding the use of a Miami-Dade Product Control Notice
of Approval (NOA) outside the designated High Velocity Hurricane Zone
(HVHZ)—such as in Dade and Broward counties.
Of concern was that some people believe the separation to glass section
of a Miami-Dade NOA can be ignored outside of the High Velocity Hurricane
Zone. The IHPA contacted Miami-Dade Building Code Compliance to clear
up this issue.
In a letter addressed to Frank Storms, IHPA president, Theodore Berman,
PE, deputy director of Miami-Dade Building Code Compliance, made it
clear that “if a Miami-Dade County NOA is used outside of the
High Velocity Hurricane Zone to show compliance with the Florida Building
Code, all conditions of the NOA must be followed. These conditions
include but are not limited to product labeling, design pressure limitations
and any glass separation conditions tabulated or listed on the NOA.”
Berman further stated, “NOAs indicating compliance with the
HVHZ have been allowed for use statewide if all conditions of the
NOA are followed. Non-compliance with the conditions of the NOA can
result in resending of the manufacturer’s NOA.”
Bergman added that Miami-Dade Building Code Compliance was in the
process of developing a separate program for products that do not
meet the HVHZ requirements of the Florida Building Code, and that
once this program is in place, the IHPA and hurricane protection industry
will be notified.
HURRICANE PROTECTION INDUSTRY ON VERGE OF INSURANCE CRISIS
In a survey recently released by Advanced Risk Management (ARM) the
No. 1 issue affecting the hurricane protection industry is the rising
cost and availability of insurance. Don Leggett, ARM president, states
that the hurricane protection industry is beginning to suffer the
coverage and availability issues seen in other segments of the construction
and manufacturing portions of the U.S. economy. The affects of class
action lawsuits their million-dollar verdicts have had a chilling
effect on other sectors of the construction industry and the hurricane
protection industry will not be immune to similar lawsuits.
The temptation to file class action suits and try for a jackpot settlement
is enormous. “Even in the absence of proof, economic pressures
are so great that an industry cannot afford to go to trial,”
says Texas Attorney General John Cornyn. “They must, out of
necessity, try to settle on the best terms they can.” First
it was asbestos, then tobacco, now paint, plastics, guns, fast food
and, finally, the construction industry.
Recently, the nation’s largest gun maker, Smith & Wesson,
raised the white flag by agreeing to controls on the distribution
of its products in exchange for a settlement of lawsuits against it
by 30 local governments. The gun suits followed the tobacco suits.
“No company is too big. No industry is exempt,” says Mississippi
Attorney General Mike Moore, who originated the idea of state prosecutors
hiring personal injury lawyers on a contingency fee basis to litigate
against the tobacco industry.
After the next big hurricane lashes the United States with 150 mph
winds and some buildings are destroyed, will it be the installers
that will be sued (faulty installation), the fastener manufacturers
and distributors (improper alloys) or the manufacturers (improper
design)? Remembering that an allegation of impropriety is grounds
for suit, you do not have to be guilty, only a participant in the
hurricane protection industry. Where will it end?
The state of Texas enacted tort reformed legislation in 1995. That
act has paid off handsomely for the people of Texas who have been
the big winners as the savings from regulated insurance rates alone
have totaled almost $3 billion. Auto insurance rates went down an
average of five percent. We also can assume there have been across-the-board
reductions in the cost of goods and services as the expense of frivolous
lawsuits has been profoundly reduced.
Lawsuits haven’t disappeared since 1995, nor should they. Sometimes,
a lawsuit is the only way to get justice and to right a wrong. But
too often, lawsuits weren’t being used to compensate the injured
party but to enrich the plaintiff and his attorney. Filing a lawsuit
has become like buying a lottery ticket, but with better odds of winning
a jackpot. The decision to settle instead of play a legal hand dealt
from a stacked deck inevitably drove up the cost of insurance as well
as the cost of goods and services.
The hurricane protection industry as well as other contractors and
manufacturers should take a lesson from the citizens of Texas and
pressure our elected officials to enact some form of tort reform before
the price of hurricane protection becomes unaffordable. |
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