Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

April 18, 2003

James J. Costello
Vice President, Technical Operations
Superior Walls of America, Ltd.
937 East Earl Road
New Holland, PA 17557

Dear Mr. Costello,

This letter is to provide guidance on the acceptability of your product absent a valid evaluation report for the 2000 International Codes. The product in question, a pre-engineered factory-manufactured foundation system (Superior Walls), is not prohibited from use in accordance with the Residential Code of New York State (RCNYS) or the Building Code of New York State (BCNYS).

As you are aware, neither the BCNYS nor the RCNYS explicitly recognizes pre-engineered factory manufactured foundation systems as a conventional method of construction. However section 104.11 of both the BCNYS and RCNYS allows alternative materials, design and methods of construction as follows:

§104.11 Alternative materials, design and methods of construction and equipment. 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 State Fire Prevention and Building Code Council 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.

Section 104.11 allows an alternative method of construction to be approved by the authority having jurisdiction (CEO) as the result of investigation and tests conducted by him or her, or by reason of accepted principles or tested by nationally recognized organizations, according to the definition of "approved" in section R202. Section 104.11 also gives the State Fire Prevention and Building Code Council the authority to approve alternative methods of construction. The intent of section 104.11 is to allow either the code enforcement officer or the code council to approve alternative materials, designs, or methods of construction where the design complies with the intent of the code and is at least equivalent to that prescribed by the code.

Section R301.1.2 of the RCNYS also allows nonconventional structural elements such as a pre-engineered factory-manufactured foundation system as follows:

§301.1.2 Engineering design. When a building of otherwise conventional light-frame construction contains structural elements not conforming to this code, these elements shall be designed in accordance with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the Building Code of New York State is permitted for all buildings and structures, and parts thereof, included in the scope of this code.

The purpose of section R301.1.2 is to permit nonconventional structural elements which exceed the prescriptive limitations of the RCNYS to be designed and used in accordance with accepted engineering practice. Such element must be compatible with the design of the building and the design standards of the BCNYS. Pursuant to the State Education Law, the design of any residence more than 1,500 square feet in area must be signed and sealed by a registered design professional licensed to practice in New York State whether the foundation is a nonconventional ( pre-engineered factory-manufactured foundation system) or conventional (pour concrete, masonry, etc.) system.

Please be advised that our office is not providing product evaluations. Therefore, this letter is not intended to imply approval by our office but rather to provide guidance to you and code enforcement officials. I hope this information is of assistance for use of your product. If you have any further questions, I can be reached at (518) 474-4073.

Sincerely,
Mark Blanke, P.E.
Assistant Director for Technical Services
Codes Division

Al03-078

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526