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Board of Adjustment & Appeals Backup 05/23/2014 Board of Adjustment & Appeals Meeting Backup May 23 , 2014 Board of Adjustment Appeals Meeting May 23 , 2014 3 :00 PM 2800 N. Horseshoe Drive Growth Management Division Planning & Regulation BOARD OF ADJUSTMENTS & APPEALS AGENDA May 23, 2014 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three(3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order-Chairman II. Approval of Agenda III. Public Speakers IV. Agenda Item A. Waiver of requirements for a building permit for a radon system—Contractor-Wayne Dean and Owner- Charles W. McMahon V. Committee Member Comments VI. Adjourn le Cr014-11tY Growth Management Division Planning & Regulation Building Review Date: April 25,2014 BOARD OF ADJUSTMENTS AND APPEALS Building Permit Number(if applicable) 08743, 08744, 08746, 08747 For construction/project located at 2800 Aintree Lane G101 Of a type Condominium two story building to be used for Residences Name of Owner Charles W McMahon Phone#239 774-9393 Email cmmcmahon28@embargmail.com C.IW\L m Ch Vin 2S .Q.wwiwtowLiL4C&.I Address of Owner 2800 Aintree Lane G101 Naples, FL Name of Contractor/Developer:Wayne Dean FL Radon Mitigation Cert. R1878 Phone#:239 272-7375 Email:wayne@radonman.net Address of Contractor/Developer:Post Office Box 9078 Naples, FL 34101 "**(Attach plot plans, application for permit and other data if applicable)""*" In accordance with provisions of the Collier County Land Development Code, Section 8.05.00 entitled "Building Board of Adjustments and Appeals" adopted by the Board of County Commissioners, I hereby appeal to the Board of Adjustments and Appeals for A permit to allow a 4.25"hole in an exterior wall for the installation of a patent pending radon system in this conaominwm tor me purpose of reducing the radon level to less than 4.0 picoCuries per liter,the USEPA Action Level.This home is under contract for sale,and unless the radon system is installed and radon reduced to below - - - -_ - _ - _ _ . i al n• 1, pa ies wi •e injure.. I n ess such home has a radon system installed,any and all occupants will unnecessarily remain exposed to and breath excessive and -_ --_ _._ - _ : . .' . .-.-- • . - - •_ - .- •mg .ar•warean• electronics does not require any electrical work other than plugging a 12 vdc power supply into a wall outlet. It in order that I might construct the above name structure as proposed and shown on the attachments. Wayne Dean FL Radon Mitigation Cert. R1878 ///t1A Printed Name ofpp Applicant Signature of pplicant Fee: $250.00 payable to"Board of County Commissioners" Meeting Date: (To be established by the Staff Liaison of the Board of Adjustments and Appeals) . ) Post Office Box 9078 Naples, FL 34101 Cell 239 272-7375 RADONMAN, INC. Florida Certifications: RADON Radon Mitigation Business RB2077 Radon Mitigation REDUCTION Radon Mitigation Specialist R1878 Without Increased Mold Risk SCIENTISTS US Patent 5,101,712 In Hot,Humid Climates Other Patents Currently Pending April 16, 2014 The following represents our most advanced patent pending radon mitigation/mechanical ventilation technology offering. CONFIDENTIAL, PLEASE Honeycomb airflow straightener creates laminar airflow to circle the room near the ceiling to mix the fresh air thoroughly with indoor air before the mixed air swiftly diffuses throughout the home, reducing radon and ' providing oxygen-rich, highly filtered fresh outdoor air throughout the home Occupancy sensor is triggered by a moving heat source, a human occupant that it "sees" within its range of vision. When triggered, a timer operates the system for 60 hours and shuts down unless the home remains occupied, in which case the system continues to operate reducing radon and adding highly filtered, - _ -� oxygen-rich outdoor air, stopping only 60 hours after the home has become vacant. System Performance Meter indicates the relative performance The radio control receiver, the speed controller of the air delivery system. A meter and the delay timer as well as the motorized reading of 3.3 indicates a fairly low impeller air mover are all located behind this fresh air flow; a reading of 11.7 system faceplate and recessed into drywall indicates a high fresh air flow rate (low radon) COMPLIANCE WITH STANDARDS: Air Quality Engineering Associates LLC testing indicates that system flow rate can be easily adjusted to meet the following Ventilation Standards in most residences, both single family and multifamily. • ASHRAE 62.2-2013 • Joe Lstiburek's Building Science Corporation Ventilation Standard of August 11, 2013 � Wireless Remote OFF/ON pushbutton g-s Less Radon Reduction More Radon Reduction RED Signal Send indicator light/battery FRAM CA7628 high performance filter (removes much more and smaller particles (pollen, mold spores, soot, etc.) than either typical or high 4fi . � .. performance air conditioner filters. •4 _ FILTER LIFE: two to four years. Can be vacuum cleaned or washed in dishwasher. No insect entry, no wasp, hornet or mud dauber nesting and debris allowed! RESULT? Both lungs and ducts remain cleaner. RadonMan highly recommends a Safety Siren Pro Series 3 radon meter available for$130.00.Ventilation air should be delivered near ceiling into a large room preferably not far from thermostat. Three years of design and testing have yielded very effective fresh air and radon mitigation. System Design Goals: 1. Fully automatic,operation only when occupied (saves energy prevents moisture issues) 2. Extremely efficient,long life air filtration,2-4 years.{minimizes asthma and allergy triggers) Optional NEPA filter will remove 99.97%of nearly all particulate harmful to human health from mechanical ventilation airstream. (PM2.5 and larger) Pollen,dust, mold spores,aerosol chemical particles, soot, many viruses and bacteria. 3. Simple, Occupant-Adjustable radon level/ventilation rate by wireless remote control 4. Quick, uncomplicated installation. No new ducts or soffits required. No loss of space. 5. Very competitive and favorable pricing; simple,quick and inexpensive repairs 6. Quiet 7. Capability of being completely installed from inside of building. (no outside work at all) RadonMan, Inc. Wayne Dean Radon Mitigation Specialist * R1878 RadonMan, Inc. RB2077 -rst Office Box 9078 Naples.FL 34101 i wayne@radonman.rie Cell: 239 272-7.7` RADONMAN, INC. Office:239-919-818c Skype: 239 465-484-`_= RADON http://www.radonman.net Radon Mitigation REDUCTION htto://www.iaoscience.com Without Increased Mold Risk SCIENTISTS Florida Certifications: In Hot,Humid Climates Radon Mitigation Business RB2077 Radon Mitigation Specialist R1878 Radon Measurement Specialist R1121 US Patent 5101712 A Insulated airspace Drywall `r---, Impeller housing secured to wall by by rotating housing keyhole 22 gauge powdercoated Electronically commutated over screwhead secured to masonry aluminum housing motorized impeller wheel wall unlike plastic will 0-60 cfm infinitely variable _� not deteriorate from UV �� exposure All electronics control and HEPA filter optional indicator circuits 24 gauge galvanized liner completely installable from INSIDE of building. No outside access necessary PIR sensor 1/8*cell Polycarbonate FRAM CA7628 honeycomb laminar Non-support masonry wall 75 pleat filter or airflow generator PRECISION DRILL water cooled equivalent Diamond core drill 4.25" 2-4 year life vacuum attached, mast mount washable 3/16" urethane gasket between filter hosing and wall Secured to wall with four #6 screws into poly mollies. 12vdc 3a UL Listed plug in wall —\41 power supply : ; If required, UL rated fire collar intumescent material can be installed Quick Install Cassette Mechanical Ventilation System Designed by Wayne Dean Tested to meet ASHRAE 62.2-2014 and BSC August 11, 2013 for most Florida Certified residences. Radon Mitigation Specialist R1878 Cassette Interchangeably upgradeable to 160 cfm in minutes. Patent Pending April, 2014 Proven filter durability to 48 months without replacement Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014172051 Transaction Number: 2014-019170 Date Paid: 04/30/2014 Amount Due: $250.00 Payment Details: Payment Method Amount Paid Check Number Check $250.00 0843 Amount Paid: $250.00 Change / Overage: $0.00 Contact: Radonman, Inc 705 Crossfield Ci Naples, FL 34104 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Building Board of PRHV20140410428 $250.00 $250.00 113-138900-322110-000000 Adjustments and Appeals Cashier Name: melissaalvarez Batch Number: 3724 Entered By: noonan_d >` r eJ 2-o IL/ O-o-o -' y COLLIER COUNTY 0 8 7 4 7 GROWTH MANAGEMENT DIVISION ` 7 CITATION I 3 t Pursuant to section 489.127.(3)(a).Florida Statutes,the undersigned hereby certifies that upon personal investigation,he/she has reasonable and probable grounds to believe that the person whose name appears below as issued to,did violate subsection 489.127.(1),Florida Statutes,and the Collier County Contractor's Licensing Ordinance No.2006-46(as may be amended)by committing the violation stated below. j cy c� _ Month- Day t $ Neat ITimC� A M Issued To 1/3 ��1-.)e- ` t F�� Address -7-c,S bsc 6 1 te—`Lt,E City LI;S State—r Zip 34 1 1-1 y Telephone No. I.D. Ft. .Q c-C� Date of Birth Race Sex Heipt 1-3 sq< �r Vehicle Make/Type(if applicable) I Year Color Tag No. Location of Violation � 0101. 5, $O o At trtP � OPTIONS 3c-tit I have been informed of the violation for which Thave been charged and elect the following option(Check one) oOO OO 1) ❑ I choose to pay the penalty of$ 2) ❑ I choose not to pay the penalty,and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observed —F( a) ❑ Falsely hold self or business organization out as a licensee,certifica holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or revoked; f) ❑ Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after(60)days; h) (a Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration,or operating beyond the scope of work or geographical scope of the SEC registration,9 of i)not certified registered. O Of FL-MS. Pi P-P-tt`rs SIGNATURE(RE • ENT) SI NATURE, STIGATOR) • PRINT(RE,".LENTS NAME) PRINT(INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statutes, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CONTRACTORS LICENSE • V � I ©OLLIER COUNTY 6 87 4 6 GROWTH MANAGEMENT DIVISION G C. 'T4'( 4 CITATION I 3 77- Pursuant to section 489.127.(3)(a).Florida Statutes,the undersigned hereby certifies that upon personal investigation,he/she has reasonable and probable grounds to believe that the person whose • name appears below as issued to,did violate subsection 489.127.(1),Florida Statutes,and the Collier County Contractor's Licensing Ordinance No.2006-46(as may be amended)by committing the violation stated below. I Month ` (Day C �Ye }� me Issued iL�MItM Issued To G,.)/41(•)E. `Pi E R ter=J J R Address OAP©c CRb S S F( �Li) C (2 t - City E s State e`' Zip 3�10'4 Telephone No. I.D.Ft . 'P soli Date of Birth Race Sex er t tkis i Vehicle Make/type(if applicable) Year Color Tag No. Location of Viol ion a. (r6 A1i■)T e LK). fed 1J AcPc OPTIONS Sq/(3 I have been informed of the violation for which I have been charged and elect the following option(Check one) 1) ❑ I choose to pay the penalty of$v1000•00 2) ❑ I choose not to pay the penalty,and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observed t"'I 1 .4/i 9 a) ❑ Falsely hold self or business organization out as a licensee,certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or revoked; f) Z Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after(60)days; h) ❑ Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration,or operating beyond the scope of work or geggraphi al sco of th reziAntion,is not duly certified or registered. `( ll O R-- AVM? co FFEWSE U&1L-(c -NSE SIGNATURE(RECIPIENT) SIG TURE,r0:4STIGATOR) PRINT(RECIPIENTS NAME) PRINT(INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statutes, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CONTRACTORS LICENSE C iiergot% Report Title: Code Case Details u t)Yts: 4/21/2014 7:40:55 AM Case Number: cecv20140007704 Case Number: CECV20140007704 Status: Citation Case Type: Code Violation Date&Time Entered: 4/18/2014 9:22:45 AM Priority: Normal Entered By. RobinGanguli Inspector: robinganguli Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Dean,Wayne Pierce Jr. $2000 citation #08747 issued for second or more offense commencing work requiring a building permit Location Comments: 2800 Aintree Ln. #101 Naples, FL. 34113 a ty 74885000905 Violator Dean,Wayne Pierce Business Management&Budget Office 1 Code Case Details Execution Date 4/21/2014 7:40:55 AM Desc Assigned Required Completed Outcome Comments Preliminary Investigation robinganguli 4/17/2014 4/17/2014 Citation 4/17/14.Complaint received from Florida Required Department of Health Environmental Specialist,Ginger Gould,regarding a possible unpermitted installation of a radon mitigation system by Wayne pierce Dean Jr./Radonman at condominium unit located at 2800 Aintree Ln.#101 Naples,FL.34113.Collier County business tax receipt#131377 for radon measurement only.Site visit sheduled with realtor representing the property.Contract for work obtained and photographs of installation taken for review by Chief Mechanical Inspector Richard Noonan.Determination made by him of permitting requirements for ventilation system completely permeating a firewall of the structure.Contact made with Mr. Dean and meeting scheduled for 4/18/14. Citation issuance for multiple violation directive given by Supervisor Ossorio based upon fewer than 10 days transpiring since last violation addressed with Mr.Dean. Issue Citation(Licensing) robinganguli 4/18/2014 4/18/2014 Complete 4/18/14.Meeting scheduled with Mr.Dean and violation determination by Mr.Noonan explained.$2000 citation#08747 issued to Mr.Dean for second or more offense commencing work requiring a building permit. Citation Paid/Contested clements_k 5/2/2014 Pending Violation Description Status Entered Corrected Amount Comments Commencing Work Without A Permit Open 4/18/2014 $2,000 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 2 e rr ay.n t Report Title: Code Case Details Date: 4/21/2014 7:42:15 AM Case Number: ceu120140007686 Case Number: CEUL20140007686 Status: Citation Case Type: Unlicensed Date&Time Entered: 4/18/2014 7:56:55 AM Priority: Normal Entered By: RobinGanguli Inspector: robinganguli Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Dean,Wayne Pierce Jr.$2000 citation#08746 issued for second or more offense unlicensed mechanical contracting. Location Comments: 2800 Aintree Ln.#101 Naples, FL. 34113 Property 74885000905 Violator Dean,Wayne Pierce Business Management& Budget Office Code Case Details Execution Date 4/21/2014 7:42:15 AM Desc Assigned Required Completed Outcome Comments Preliminary Investigation robinganguli 4/17/2014 4/17/2014 Citation 4/17/14.Complaint received from Florida Required Department of Health Environmental Specialist,Ginger Gould,regarding a possible unpermitted installation of a radon mitigation system by Wayne pierce Dean Jr./Radonman at condominium unit located at 2800 Aintree Ln.#101 Naples,FL.34113.Collier County business tax receipt#131377 for radon measurement only.Site visit sheduled with realtor representing the property.Contract for work obtained and photographs of installation taken for review by Chief Mechanical Inspector Richard Noonan.Determination made by him of permitting requirements for ventilation system completely permeating a firewall of the structure.Contact made with Mr.Dean and meeting scheduled for 4/18/14. Citation issuance for multiple violation directive given by Supervisor Ossorio based upon fewer than 10 days transpiring since last violation addressed with Mr.Dean. Issue Citation(Licensing) robinganguli 4/18/2014 4/18/2014 Complete 4/18/14.Meeting scheduled with Mr. Dean and violation determination by Mr.Noonan explained.$2000 citation#08746 issued to Mr.Dean for second or more offense unlicensed mechanical contracting. Citation Paid/Contested clements_k 5/2/2014 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed Mechanical Open 4/18/2014 $2,000 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 2 !wt. " N INC Cell:239 222-7375 BLST csk, RADON btaliwww,radonman.riet Radon Mitigation RWUCTION httpiivsm-LUAlgificg cOrri withont Ineversed Mokf Km* SCIENTIS1S '114. r rk.1 Ks 0.1, !atsate B r, PE. P NtLiSt1,e€Jt,n' Proposal and Agreement Rokp nt ion f lo Mci'dy Or. AHd high Indoor Hr . 3/20/2014 Pat Ward Sun Realty 3757 Tamiami Trail North Naples, FL 34103 Project Location:2800 Aintree Lane 6101 Dear Pat In response to your request for a RADON MITIGATION PROPOSAL to reduce radon to below the USEPA Action Level we propose the following: 1. To furnish all materials,equipment,labor and supervision to complete the installation of a Radon Mitigation System specifically designed for a hot,humid climate,that will maintain an acceptable radon level of less than 4.0 picoCuries per liter on an annual average,which is the USEPA Action Level, AND This proprietary System has the proven ability to perform reliably in a hot, humid climate while reducing common risk factors such as mold,moldy odor,formaldehyde,CO2 and comfort issues: 2. Radon Reduction to less than 4.0 picoCuries per liter annual average with limited warranty, three years. 3. The System and installation will include the following exclusive RadonMan-developed features a. "Moisture Smarr Building Automation System to operate the radon system only when the home is occupied;Automatic On/Automatic Off. A RadonMan Exclusive(No one else has it)As long as a home is vacant, radon harms no one, and no moisture is unnecessarily added. b. "Right Sized Trickle Ventilation"to prevent over-ventilation and to prevent high indoor relative humidity and to reduce risk of mold and moldy odors.A RadonMan Exclusive(No one else has it) c. a RadonMan-designed and manufactured high performance, long life,2-3 year FRAM air intake filter system. A RadonMan Exclusive(No one else offers a long life,easy to maintain filter) d. wireless remote control or Touch Screen control of system operation allowing owner to adjust the radon leve to preference.AyadmmManExclusives(No one else offers either of them) e' electronic speed control of the system and digital performance meter.A Radon Man Exclusive (no one else offers it) f. (Not Included)a Safety Siren PRO Series 3 Radon Gas Detector so that occupants will know the actual radon exposure at all times that will provide an audible alarm if the radon rises above a 4.0 picocuries per liter average.This instrument will allow the occupants to adjust radon system operation to deliver the preferred radon reduction within the performance limitations of the radon system.VALUE$129.00. (No one else offers it) g. a 36 month Limited Warranty h. (Not Included)sealing of any detectable"Radon Gas Fountains"delivering radon through holes in the building,especially the floor slab. RadonMan developed special tools and systems and uses them(No one else does it when it is far less work just to add more hot,humid air) i. testing and evaluating the existing air conditioning unit for its ability to provide efficient dehumidification and to avoid mold issues(No one else does it) j. restoration of property to original appearance; if required, matching paint to be furnished by customer Detailed information on RadonMan technology,electronics and hardware will provided on our webs, bttpl/vvWw radonman net h1tp: or' (under construction) FEE:$Z,962.QU,complete.There will beno additional charges. A deposit of 50%of the total price is due upon acceptance. Sincerely, Wayne Dean JO Conducting Building Science/Radon/Mold R&D and Radon Mitigation since 1987 Radon Mitigation Specialist R1878 Radon Measurement Specialist R2121 RadonMan, Inc.R82077 US Potent 5100722 A Since 1987, RadonMan R&D has Paid Off: Mold-Preventing and Moldy Odor-Preventing Systems that work in hot,humid climates ACCEPTED„please proceed vviththe work onmrabout A5O�W deposit in the annountof — ��.--�" �. $ /uu ` (oem,loyed. Signature Date 3 /D,o > You may see important radon mitigation information at wwwr adQp7ip corn and wwvvjaos�eIce�� y 1 t� I drams W f i 3 � V `i }t, • •'n y� iV, • » ., Tyr„.. » . It.:Atop milpery, Kr,r ;t 'r4.4. "" W m� •<ii J + s3 X0'8« ""1'14$ +''"tr:?y.. •f....yr . Y f . ti x ',..::;Ya..::: r^ ---..- t it`.Y. ! •s'sote s.ra«a„s..e:c+'.wsa:.wf +'•«'.<.m�wr ! N r v ri'N 5' `. ..M.•. .��rr� "'<.•..:rgM'�4•_Z-.Y ro 1•'�" ;, n'k . 4', . • <•'. .444i t "s'r='t'c.r,ar,s°r i,';",.,•t;.\.• x'.i 1 R ,•,.... "' «;.»<».«„«.x:' ' ''' o,: ": t4. 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'�" 9 i la ,i, r 9 ... ri' t ;1+:;s„ 'x 11F ,i - Y ,t f r 1�, i+A�1"'}�r,1 b' S - y -+•+"' 4 i y ':t } ♦ /„, t f,0 iy <s{ � f Y Y irit 7 R: ii&.g •➢ 1,�,t/at. r ke. --,",--4,4,+;--;••-." - g; •x r 3 >s - w S.. Xr_' ::Y' .. ,...,..:...s... , .F :i. `0i •' L y� '',,k..x .:E •.: 4t , !N.., Ts, ;:,.%.4..'s3.444-F•R'a1`..k.Wri'.r.%,tX fil ".'�' , 1[ x. 5 ". r t\ ,. .... .r DATE: May 20, 2014 From: Colleen Green,Assistant County Attorney To: Jack Wert,Tourism Director SUBJECT: FY 15 Grant Application Legal Review I have reviewed the five grant applications, and I have only a couple minor comments. All appear to be in order and approved for legality. C'mon—no comments. Holocaust—no comments. Everglades—the request is for$25,000, however the itemized list(plan)only shows$24,500 of planned expenditures(p. 7). Also—this group must provide the required insurance certificate for the contract to be executed. ArtsNaples—France promotion—Is the applicant authorized to use Collier County media websites to reach outside the DMA—for examples—GulfShore Life online and Naples Daily News online? ArtsNaples—i-Phone app—Will the app provide a link to the County's tourism website? Is there a cost for the app? Please feel free to call me if you wish to discuss. Thanks! Colleen M. Greene Assistant County Attorney (239)252-8490 Fax(239)252-6300 V 104.4 CATEGORY C-2 NON-COUNTY MUSEUMS GRANT APPLICANTS GOLISANO CHILDREN'S MUSEUM OF NAPLES C'mon is a 501 c 3 organization and has been a grant recipient for several years.They have used their funds for constructing a model of the museum,for support of the grant opening and to promote traveling exhibits brought to C'mon from other children's museums. FY 11 $100k; FY 10$75 k; FY 09$150K; FY 07$125K The museum did not apply for a grant last year, so no final status report is required. C'mon is requesting$200,000 to be used for a year-long campaign entitled C'mon to Southwest Florida. They are using the tourist tax grant funds to produce and place digital and print advertising in Palm Beach,Sarasota,Canada.They plan Disney Radio in Tampa/St. Pete, east coast Florida counties; Clear Channel and Beasley Broadcasting in Tampa, St. Pete,Orlando and east coast Florida counties;TV in Tampa and Orlando. The campaign will feature the various educational exhibits for children in a "stay and Play" package that will include Collier County hotels.A special "C'mon Bucks"to be used in the Museum. Planned hotel partners are Ritz-Carlton,Waldorf Astoria, LaPlaya and the Hyatt Regency Coconut Point(to draw visitors from Lee County). The museum is planning to bring the first science-focused exhibit to SW Florida called "Sid the Kid: Super Douper Exhibit". Matching funds totaling$163,940 are coming from their own funds ($70,200) and in kind contributions from Brighthouse Media, Delta Sky Magazine and Sarasota Magazine. C'mon contributes$2.2 million to the Collier County economy and employs 42 people. In the winter months, 60%of the museum's visitors are from outside Collier County. Visitors in the past year have been 154,237 from the US, 1,904 from outside the US and 3,610 from other destinations or unrecorded zip codes. THE HOLOCAUST MUSEUM &EDUCATION CENTER OF SW FLORIDA The Holocaust Museum & Education Center of SW Florida is a 501 c 3 organization and has received grant funding several times in the past.The past three years approved funding has been: FY 13 $20K' FY 12$32.5k; FY 11$50K This year's request is for$50,000 to promote a year-long exhibit at the museum entitled "Unsung Heroes-The Soldiers and Liberators of WW II",commemorating the 70th Anniversary of the liberation of Europe by the Allied forces.The program will include personal stories of veterans, liberators and survivors of that era that have SW Florida connections.The exhibits will be both from the Museum's collection and traveling exhibits from other museums. • The Holocaust Museum has provided a copy of their final status report for FY 13 grant.The museum reports 5,000 visitors to their museum in 2013,50%of which were from out of Collier County.They project 1,827 overnight visitors,9,135 hotel room nights,$56,637 in TDT and $401,806 in visitor spending as a result of the promotion of this program in 2014-15,and an ROI of$52,483 (1-1). The TDT grant funding will be used to promote the "Unsung Heroes-The Soldiers and Liberators of WW II" program using print,web,TV, radio in northern SW Florida,Southeast Florida, Northern and Midwest US, Canada.They will also promote through tour operators and European media. CATEGORY"B" MARKETING&EVENT GRANTS BETTERMENT ASSOCIATION OF THE EVERGLADES-Everglades Seafood Festival This 501 c(3) organization is a first time applicant.Their request is for promotional assistance with the Everglades Seafood Festival.The Association is requesting a $25,000 grant to be used for TV and radio in Monroe (Keys), Ft. Lauderdale Boat Show, Miami Dade Yacht Show and radio in Broward and Miami Dade market. The Association indicates matching funding of$72,500 from craft and food booth rentals.They are projecting 5,000 visitors to the 2015 festival, 250 room nights,$100,000 in TDT(4-1 ROI), $400,000 in visitor spending. ArtsNaples World Festival, Inc. This 501 c 3 organization is requesting two separate grants for FY 15 as follows: #1 Application-2015 Arts Naples Word Festival ArtsNaples World Festival has received grant funding for the past three years to promote their May multi-venue, multi-discipline festival.Their first festival in 2012 featured Russian music and culture.The second year they featured Latin American music and culture.This year's theme was the music,food and culture of Italy.The 2015 festival will feature French music,food and culture.The funding was as follows: FY 14$25 k; FY 13$50 k; FY 12$15 k. ArtsNaples World Festival is requesting$25,000 to promote the 2015 French theme in on line print media,targeted e-blasts to Florida Concert, Organise.net and others. Matching funding will come from corporate and individual donations, foundation grants totaling$310,000. The applicant is projecting 10,000 overnight visitors, 8,725 hotel room nights,$69,800(1.8-1 ROI) in TDT and visitor spending of$7,717,500. The 2014 festival has just concluded, so the final status report has not been received, but the Interim report, received in April 2014, indicates they already had reservations for 20 hotel rooms in two hotels. The final report will be requested prior to the submission to the County Commission. #2 Application:Cultural Arts Smart Phone App This request should be treated as a direct marketing expenditure for the CVB, not a Grant.This is similar to the United Arts event calendar that the CVB funds the production and printing for 9 editions at an annual cost of$24,000. ArtsNaples World Festival is requesting$20,000 to create a smart phone app to feature their 2015 festival.The app will then be offered to all the other Collier based arts and culture organization's festivals and events in the future.ArtsNaples is working with a local digital company to create this smart phone application. This project has been discussed for several years between the tourism office and the arts and culture community to better encourage the various cultural organizations to work together to promote the many activities and venues for these performances in Collier County. Part of the mission of ArtsNaples World Festival is to highlight and partner with the existing cultural arts institutions in Collier County to attract more domestic and international visitors here, and to supplement and support each other.The purpose of the app would be to educate visitors and newcomers to the area on the existing arts and culture offerings and to provide all with an interactive resource to find these activities. ArtsNaples will partner with local technology company Uptown Network to crate this smart phone app. This company has produced technology solutions for Disney, Capital Grill, Shula's Steak House, Ritz- Carlton, Hilton and others. Uptown Network will match the ArtsNaples development investment to complete this project. The plan is to launch the app soon after the start of FY 15 and to begin promoting the 2015 Arts Naples festival on the app and then approach the other area arts and culture organizations to work with the app developer to add their venues and events to the app. (- ,,es( A)zv L&tip tr, , -- siNs- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MAY 02 2014 PERMIT PERMIT#: PRHV2014041042801 PERMIT TYPE: HV ISSUED: BY: APPLIED DATE: 04-18-14 APPROVAL DATE:05-02-14 MASTER#: COA: JOB ADDRESS: 2800 Aintree LN,Unit:G 101 JOB DESCRIPTION: RADON MITIGATION 2800 AINTREE LANEUNIT 101 JOB PHONE: SUBDIVISION #: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 74885000905 SECTION-TOWNSHIP-RANGE:7-50-26 OWNER INFORMATION: CONTRACTOR INFORMATION: MCMAHON,CHARLES W&CAROLYN C Combs Custom Contracting LLC 1000 LELY PALMS EXT.#V-427 31636 Broadwater Ave. NAPLES ,FL 34113- Leesburg,FL 34748 CERTIFICATE#:,Lcczoi4000 o61 PHONE: FCC CODE: CONSTRUCTION CODE: 0207 JOB VALUE: $2,962.00 TOTAL RES SOFT: 0.00 TOTAL COMM SOFT: 0.00 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP). FOR MORE INFORMATION,CONTACT DEP AT(239)344-5600. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. INSPECTION JOB CARD—COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 252-3726 PERMIT NUMBER: APPLICATION NUMBER: ISSUED:. PRHV2014041042801 PRHV20140410428 JOB DESCRIPTION: RADON MITIGATION 2800 AINTREE LANEUNIT 101 JOB LOCATION: 2800 Aintree LN,Unit:G101 LEGAL DESCRIPTION: STEEPLECHASE OF NAPLES A CONDOMINIUM BLDG G-101 FOLIO#:74885000905 SECTION-TOWNSHIP-RANGE: 7.00-50.00-26.00 OWNER NAME: j MCMAHON,CHARLES W&CAROLYN C _ CONTRACTOR: Combs Custom Contracting LLC SETBACKS: _ FRONT: REAR: LEFT: RIGHT: SPECIAL: FLOOD FZAE ZONE: DESCRIPTION OUTCOME COMMENTS 115- Final Building OPEN COND tfi 1154 >Notice of Commencement NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2406. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(I) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas - 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. - Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS - Call 48 Hours prior to digging/FPL 434-t222/UTS I-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. FS§713.135 OFFICE OF THE FIRE CODE OFFICIAL Collier County Fire Control& Rescue Districts 2700 North Horseshoe Drive Naples, Florida 34104 239-687-5650 Contractor: COMBS CUSTOM Inspection Date: 4/30/2014 CONTRACTING Occupant Name: CHARLES MCMAHON InspectionType: ARCH -Multifamily Small UNIT G101 Address: 2800 Aintree Lane Inspected By: Linda Simmons Naples, FL 34112 239.687.5650 Job Number: PRHV20140410428 Job Description: RADON MITIGATION Parcel/Tax ID#: Plan Type Original A review of the above noted project has been completed. No deficiencies were found. The plans COMPLY with code requirements. Status: Approved ............................. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE ,O;XOW !CWitt/ F r.9 r'Ne MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON LZ/ 7t 1/1 n,d C e/ / WHICH I SERVE IS A UNIT OF: CITY C COUNTY ❑CITY C UNTY DOTHER LOCAL AGENCY Ndit C Co LL/ e NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS 5-^ 23 I L/ ❑ ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. Po DISCLOSURE OF LOCAL OFFICER'S INTEREST I, K o A Ld I v,<- hereby disclose that on S 2 3 20 / (a)A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, • EI inured to the special gain or loss of my relative, • ❑ inured to the special gain or loss of J by whom I am retained; or ❑ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: — '23 - 20iL/ Date Filed Signature 7 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 1/2000 PAGE 2 Board of Adjustments & Appeals (BOAA) Attendance Roster Date: May 23, 2014 BOAA Members ** Must have (3) members for a quorum** Randy Anderson: EXCUSED Ronald Dixon: .-- John Melton: l, i - -" Eloy Ricardo: ';' i ,.-- : -'f________---- Brad Schiffer: r\s, Staff Members James French, Director, Operations & Regulatory Management Pusile 7re9tc% Judy Puig, Operations Analyst, staff liaison Operations & Regulatory Mgmt. 9e4 Pce19 Heidi Ashton, Asst. County Attorney Or Jonathan Walsh, Building Official .04fi f ilk Richard Long,Long, Plan Review& Inspections --- Manager . Dick Noonan, Chief Plumbing/Mechanical dOrk l7( --eInspector Michael Ossorio, Contractor's Licensing Supervisor Rob Ganguli, Contractor's Licensing Officer c.... D6N (0.54140 - Ci-u'ef E(i)(,kr a 4 1 IP/ m A7-------- **PLEASE PRINT** NAME REPRESENTING PHONE NO. 239- E'25 - 72 7( I /I, f' ,!(, (::::/"2/// 7 4. t.7'7 ti,,' " ''.-- : p 212 2 ' 1160,kl (ii 41514C ) 001.11-fc a ttA/17_ l ,.`cq-- C Ouvv-L, i r k,'' Co() \A"\--(1 , ° / C \) 2-o('- oO — p COLLIER COUNTY Q 8 7 ar 4 GROWTH MANAGEMENT DIVISION -' -7,60C ' CITATION f 3 ( 3<T - Pursuant to section 489.127.(3)(a).Florida Statutes,the undersigned hereby certifies that upon personal investigation,he/she has reasonable and probable grounds to believe that the person whose name appears below as issued to,did violate subsection 489.127.(1),Florida Statutes,and the Collier County Contractor's Licensing Ordinance No 2006-46(as may be amended)by committing the violation stated below. Month (i L- IDay � _ Year 'Time M Issued To W A-p1/4.3 E \ f E IZ i.) ...F� .J . Address ` .0() C1`v S S c( 9 C___('LC..Q City 1 3 k` t--5 State �� Zip ?" Telephone No LD.FL,A S OOQ Date Birth Race Sex He' ht 1- 5"set's'cgs Ago Q �i�� w C / t - Vehicle Make/Type(if applicable) Year Color Tag No Location of Vip�lion D ' 4, ',0 1.5 t't ILK-3 .P-V ( t-c,-4 .. OPTIONS S'--t'(tt{. I have been informed of the violation for which I have been'charged and elect the following option(Check one) ..," 1) ❑ I choose to pay the penalty of$9-66C s .0.6 2) ❑ I choose not to pay the penalty,and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observed �/ ltl-t a) ❑ Falsely hold self or business organization out as a licensee,certificate holder or registrant; b)'❑ Falsely impersonate a certificate holder or registrant; • c) ❑ Present as his/her own the-certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or revoked; f) ❑ Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a`business organization engaged`in contracting after(60)days; h) H Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being'in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified,or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration,or operating beyond the scope of work or geographical scope of the reg'uliratton,is not duly certified or register ,. t 1 < u v SIGNATURE(RECIPIENT) SIG ATURE TIGATOR): w Nit, -e4 lk P- - 6- -L1t—{ PRINT( CIPIENTS NAME) PRINT(INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statutes, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CONTRACTORS LICENSE COLLIER COUNTY 0 8 7 4 3 GROWTH MANAGEMENT.DIVISION C <C! CITATION / l � - - Pursuant to section 489.127.(3)(a).Florida Statutes,the undersigned hereby certifies that upon personal-investigation,he/she has reasonable and probable grounds to believe that the person whose name appears below as issued to,did violate subsection 489.127.(1),Florida Statutes,and the Collier County Contractor's Licensing Ordinance No.2006-46(as may be amended)by committing the violation stated below. Month A rza ]Day ( Year \ Time 2C) AM M Issued To W by i e- Qt 1 t Q Address +OS (---1`-6-s'S.F(c_-d) City / i � j State V-1— • Zip 3 I o Telephone No. I.D,FL. p coo Date of Birth Race Sex Height Sct s 4/.-3. o ciN w sk 6 I Vehicle Make/Type(if applicable) Year Color Tag No Location of V'lation' C(0 So IS s«tv- h2- 4 t 1 4P&S FL. OPTIONS 3t-fl 1y I'have been informed of the violation for Which I have been charged and elect the following option(Check one) 1) ❑ I choose to pay the penalty of$A000 •COO 2) ❑ I choose not to pay the penalty,and will request in writing by certified mail pr hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observed ( �fj(1.'1 a) ❑ Falsely hold self or business organization.out as.a licensee,certr cate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof; e) ❑ Use attempt to use a certificate or registration which has been suspended or revoked; f) ❑ Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contr`acting'after`(60)days; h) ❑ Commence-or-perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration,or operating beyond the scope of work or{{g�Y�eogra Qf e registration,is not duly ce 'fied or registered. c2--"--31,), OD 7:1 SIGNATURE(RECIPIENT), SIG 1 ATUR:WY TIGATOR) PRINT(RECIPIENTS NAME) PRINT(INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statutes, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CONTRACTORS DENSE sergov.net Report Title: Code Case Details Dat; : 4/21/2014 7:46:06 AM Case Number: ceu120140006974 Case Number: CEUL20140006974 Status: Contested Case Type: Unlicensed Date &Time Entered: 4/9/2014 6:50:12 AM Priority: Normal Entered By: RobinGanguli Inspector: robinganguli Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Dean,Wayne Pierce. $2000 citation issued for second offense unlicensed mechanical contracting. (4/18/14 Mr. Dean Is Contesting Citations, CLB Date 5/21/14 9AM) Location Comments: 6650 Beach Resort Dr.#1 Naples, FL.34114 Property 32420003260 Violator Dean, Wayne Pierce Business Management& Budget Office 1 Code Case Details Execution Date 4/21/2014 7:46:06 AM Desc Assigned Required Completed Outcome Comments Preliminary Investigation robinganguli 4/8/2014 4/8/2014 Citation 4/8/14.Complaint received regarding the Required unpermitted installation of a radon mitigation unit integrated into the A/C system performed by business owner of Radonman Inc.,Wayne Dean/Collier County business tax receipt #131377 for State certified radon measurement only.Contacted property owner,Bob Caretti,who allowed access to photograph work performed as well as realtor, Kent Hedrick,representing the property for sale who provided hardcopy of contract for work with Radonman Inc.All documentation reviewed by Chief Mechanical Inspector, Richard Noonan,who determined that permitting was required.Mr.Noonan further advised that he had previously discussed permitting requirements for this application with Mr.Dean and that he was aware of this regulation.Database research revealed two previous cases investigated by License Compliance Officer Thomas Keegan resulting in citation issuances for unlicensed mechanical contracting and performing work requiring a permit.Meeting scheduled with Mr. Dean for 4/9/14. Issue Citation(Licensing) robinganguli 4/9/2014 4/9/2014 Complete 4/9/14.Meeting with Mr.Dean.Violation explained.$2000 citation#08743 issued to him for second offense unlicensed mechanical contracting. Citation Paid/Contested clements k 4/23/2014 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed Mechanical Open 4/9/2014 $2,000 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 2 ¢ =' x. Report Title: Code Case Details Date: 4/21/2014 7:47:05 AM Case Number: cecv20140006975 Case Number: CECV20140006975 Status: Contested Case Type: Code Violation Date&Time Entered: 4/9/2014 7:19:50 AM Priority: Normal Entered By: RobinGanguli Inspector: robinganguli Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Dean,Wayne Pierce. $2000 citation #08744 issued for second offense commencing work requiring a building permit. (4/18/14 Mr. Dean Is Contesting Citations, CLB Date 5/21/14 9AM) Location Comments: 6650 Beach Resort Dr.#1 Naples, FL. 34114 Property 32420003260 Violator Dean, Wayne Pierce Business Management& Budget Office Code Case Details Execution Date 4/21/2014 7:47:05 AM Desc Assigned Required Completed Outcome Comments Preliminary Investigation robinganguli 4/8/2014 4/8/2014 Citation 4/8/14.Complaint received regarding the Required unpermitted installation of a radon mitigation unit integrated into the NC system performed by business owner of Radonman Inc.,Wayne Dean/Collier County business tax receipt #131377 for State certified radon measurement only.Contacted property owner,Bob Caretti,who allowed access to photograph work performed as well as realtor, Kent Hedrick,representing the property for sale who provided hardcopy of contract for work with Radonman Inc.All documentation reviewed by Chief Mechanical Inspector, Richard Noonan,who determined that permitting was required.Mr.Noonan further advised that he had previously discussed permitting requirements for this application with Mr. Dean and that he was aware of this regulation.Database research revealed two previous cases investigated by License Compliance Officer Thomas Keegan resulting in citation issuances for unlicensed mechanical contracting and performing work requiring a permit.Meeting scheduled with Mr. Dean for 4/9/14. Issue Citation(Licensing) robinganguli 4/9/2014 4/9/2014 Complete 4/9/14.Meeting with Mr.Dean.Violation explained.$2000 citation#08744 issued to him for second offense commencing work requiring a building permit. Citation Paid/Contested clements_k 4/23/2014 Pending Violation Description Status Entered Corrected Amount Comments Commencing Work Without A Permit Open 4/9/2014 $2,000 Title Reason Result Compliance Fine/Day Condition Business Management&Budget Office 2 K, x. r< a i I. �, Z:' x , v 4 3•i + krs V s .{ `y:et s 'iA a 3 :+, ''"' f �6'h t t -,r j k i **oct ,y,>' s : }le. v " 4, : •�, s'yr' ...•: iEJ•:?' ,e�j},. a*cYZ r , .y�S mss. .'- ,.;.:‘,,,,,1.•A 1 �Pl �, :a,•,), .mss x».VA=�g.. 4x j, r ...-!t=1%!...:*..,, . °r 'r ';,'?::a. ' � W .Y.i'c•.!n *. 4a_.t 3x. !•A�i wxa i .. 4 .Y. . ,:.,n#«. xSii "fi ',i'%. 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' ka gr F' , • 1..:-..:.,,-”--.. ,:-• -Or* • • ;if' • •M • , ...5 ..Y s.•:.. jam_ :. • ;-. it _ . tit :. . 4 ii 1 ...Wt.* , ; ' .. • • q r�i 1 `II k J ., _ V _ .. t"++ST • ✓ ,may 4 tis f i g; y3 k 4 �i?¢ � � j � `� a a aV 4 09 . • • • 'st: .a. 4 1 t '`n, e a!•v E D i x�p s : uv,•tv� .. > �, N`Y. rt 7 .t. rs.':`:.:,''..A.- ".•',�r s."S �.rr '� ?a i'i? „.:41,7101P-• rs' 't ' a :'4` cif a x 0,3: v' d.� s. .w �. y�. '' 1,,G.S YT Y'TT .K. 1� 3:!;.4 . Fi' E f ¢ Post Office Box 9078 2, s= Naples,FL 34101 wayne@radon nan.net Y_ N. INC. Cell:239 272-7375 BEST RADON Skype: 239 165-1819 LLwwwxadonman.net Radon Mitigation RtuUCTION htto11www.iauscience.com Without Inawased Mold Risk SCtMS'S http://radonzip.coin In Hop Humld c lmetas Florida Cart/Waldo/7s.. 3/4/2014 Radon Mitigation Business 882077 Radon Mitigation Specialist R1878 Radon Measurement Specialist R1121 US Patent 5101712 A Proposal and Agreement Radon Mitigation and Prevention of Mold, Moldy Odor, and High Indoor Humidity Issues 3/4/2014 Bob Caretti 6650 Beach Resort Drive#1 Naples, FL Project Location:6650 Beach Resort Drive ttl Dear Bob In response to your request for a RADON MITIGATION PROPOSAL to reduce radon to below the USEPA Action I evel we propose the following: 1. To furnish all materials,equipment,labor and supervision to complete the installation of a Radon Mitigation System specifically designed for a hot,humid climate,that will maintain an acceptable radon level of less than 4.0 picoCuries per liter on an annual average,which is the USEPA Action Level, AND This proprietary System has the proven ability to perform reliably in a hot,humid climate while reducing common risk factors such as mold,moldy odor,formaldehyde,CO2 and comfort issues: 2. Radon Reduction to less than 4.0 picoCuries per liter annual average with limited warranty, three years. 3. The System and installation will include the following exclusive RadonMan-developed features a. "Moisture Smart"Building Automation System to operate the radon system only when the home is occupied;Automatic On/Automatic Off, A RadonMan Exclusive(No one else has it)As long as a home is vacant,radon harms no one. b. "Right Sized Trickle Ventilation"to prevent over-ventilation and to prevent high indoor relative humidity and to reduce risk of mold and moldy odors.A RadonMan Exclusive(No one else has it) c. a RadonMan-designed and manufactured high performance,long life,2-3 year air intake filter system. A RadonMan Exclusive(No one else offers a long life, easy to maintain filter) • d. wireless remote control or Touch Screen control of system operation allowing you to adiust the radon level to your preference.A RadonMan Exclusives(No one else offers either of them) e. electronic speed control of the system and digital performance meter.A RadonMan Exclusive (no one else offers it) f, a Safety Siren PRO Series 3 Radon Gas Detector so that you will know your actual radon exposure at all times that will provide an audible alarm If the radon rises above a 4.0 picocuries per liter average.VALUE$129.00.(No one else offers it) g. a 36 month Limited Warranty h. sealing of any detectable"Radon Gas Fountains"delivering radon through holes in the building, especially the floor slab. using RadonMan developed special tools and systems (No one else does it when it is far less work just to add more hot,humid air) i. testing and evaluating the existing air conditioning unit for its ability to provide efficient dehumidification and to avoid mold issues(No one else does it) j. restoration of property to original appearance;if required, matching paint to be furnished by customer Detailed information on RadonMan technology,electronics and hardware will provided on our web, http://www.radonman.net (under construction) FEE:$2962.00 including travel and per diem,complete.There will be no additional charges. A deposit of 50%of the total price is due upon acceptance. Sincerely, Wayne Dean JD Conducting Building Science/Radon/Mold Research and Radon Mitigation since 1987 Radon Mitigation Specialist R1878 Radon Measurement Specialist R1121 Radon Man, Inc.RB2077 VS Potent 5101712,4 Since 1987, RadonMan R&D has Paid Off: Mold-Prevention systems that work in hot,humid climates. ACCEPTED, please proceed with the work on or about 43f A 50%deposit in the amount of $ is enclosed. Signature 4)4444 iC Date .7~W-2`i /<y You may see important radon miti ate ti nformation at www.radonzi�.corn and www.iagscience.corn. e(v,-,:bol ,/JO J SC1{i'E AND ADMINISTRATION shall be as specified in this code or by other recognized test Mechanical: 1 standards. In the absence of recognized and accepted test methods,the building official shall approve the testing 1. Portable heating appliance. pro- cedures. Tests shall be performed by an approved agency. 2. Portable ventilation equipment. Reports of such tests shall be retained by the building offs- 3. Portable cooling unit. cial for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technolo 4. Steam,hot or chilled water piping within any heating gies for providing access to and usability of a facility for or cooling equipment regulated by this code. persons with disabilities shall be in accordance with provi- 5. Replacement of any part that does not alter its sions of the Florida Building Code,Accessibility. approval or make it unsafe. 6. Portable evaporative cooler. SECTION 105 7. Self-contained refrigeration system containing 10 PERMITS pounds (5 kg) or less of refrigerant and actuated by 105.1 Required.Any owner or authorized agent who intends motors of 1 horsepower(746 W)or less. to construct, enlarge, alter,repair, move, demolish, or change 8. The installation,replacement,removal or metering of the occupancy of a building or structure, or to erect, install, any load management control device. • enlarge, alter, repair, remove, convert or replace any impact Plumbing: resistant coverings, electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code,or to 1. The stopping of leaks in drains,water,soil,waste or cause any such work to be done,shall first make application to vent pipe, provided, however, that if any concealed the building.official and obtain the required permit. trap, drain pipe, water, soil, waste or vent pipe 105.1.1 Annual facility permit. In lieu of an individual becomes defective and it becomes necessary to permit for each alteration to an existing electrical, gas, remove and replace the same with new material,such mechanical, plumbing or interior nonstructural office work shall be considered as new work and a permit sys- tem(s),the building official is authorized to issue an annual shall be obtained and inspection made as provided in permit for any occupancy to facilitate routine or emergency this code. service, repair,refurbishing, minor renovations of service 2. The clearing of stoppages or the repairing of leaks in systems or manufacturing equipment installations/reloca- pipes,valves or fixtures and the removal and reinstal- tions. The building official shall be notified of major lation of water closets,provided such repairs do not changes and shall retain the right to make inspections at the involve or require the replacement or rearrangement facility site as deemed necessary.An annual facility permit of valves,pipes or fixtures. shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be 105.2.1 Emergency repairs. Where equipment replace- obtained for each facility and for each construction trade,as ments and repairs must be performed in an emergency situa- applicable. The permit application shall contain a general tion, the permit application shall be submitted within the description of the parameters of work intended to be per next working business day to the building official. _ formed during the year. 105.2.2 Minor Repairs. Ordinary minor repairs may be 105.1.2 Annual permit records.The person to whom an made with the approval of the building official without a annual permit is issued shall keep a detailed record of alter- permit,provided the repairs do not include the cutting away ations made under such annual permit.The building official of any wall,partition or portion thereof,the removal or cut- shall have access to such records at all times or such records ting of any structural beam or load-bearing support,or the shall be filed with the building official as designated. removal or change of any required means of egress,or rear- rangement of parts of a structure affecting the egress 105.1.3 Food permit. As per Section 500.12,Florida Stat- requirements;additionally,ordinary minor repairs shall not utes,a food permit from the Department of Agriculture and include addition to,alteration of,replacement or relocation Consumer Services is required of any person who operates a of any standpipe, water supply, sewer, drainage, drain food establishment or retail store. leader,gas,soil,waste,vent or similar piping,electric wir- 105.2 Work exempt from permit.Exemptions from permit ing systems or mechanical equipment or other work affect- requirements of this code shall not be deemed to grant authori- ing public health or general safety,and such repairs shall not zation for any work to be done in any manner in violation of the violate any of the provisions of the technical codes. provisions of this code.Permits shall not be required for the fol 105.2.3 Public service agencies.Reserved. lowing: g Gas: 105.3 Application for permit.To obtain a permit,the appli- cant shall first file an application therefor in writing on a form 1. Portable heating appliance. furnished by the building department for that purpose.Permit 2. Replacement of any minor part that does not alter application forms shall be in the format prescribed by a local approval of equipment or make such equipment administrative board,if applicable,and must comply with the unsafe. requirements of Section 713.135(5)and(6),Florida Statutes. 1.4 2010 FLORIDA BUILDING CODE-BUILDING CHAPTER 27 ELECTRICAL SECTION 2701 SECTION 2703 GENERAL CROSS REFERENCES- 2701.1 Scope.This chapter governs the electrical components, 2703.1 Cross references. See Table 2703. equipment and systems used in buildings and structures cov- ered by this code.Electrical components,equipment and sys- SECTION 2704 tems shall be designed and constructed in accordance with the BONDING METAL FRAMING MEMBERS provisions of the NFPA 70,National Electrical Code. 2704 Bonding Metal Framing Members: Metal framing members. Metal framing members shall be bonded to the [F] SECTION 2702 equipment grounding conductor for the circuit that may ener- EMERGENCY AND STANDBY POWER SYSTEMS gize the framing and be sized in accordance with the National Electric Code Table 250.122.For the purpose of this section,a [F]2702.1 Installation. Emergency and standby power sys- tems required by this code or the Florida Fire Prevention Code groundedmetal outlet box attached to the framing shall be shall be installed in accordance with NFPA 70,National Elec- trical Peermitted. Code,NFPA 110 and 111. [F]2702.1.1 Stationary generators.Reserved. [F]2702.2 Where required.Reserved. [F]2702.3 Maintenance.Reserved. TABLE 2703 CROSS REFERENCES DEFINING ELECTRICAL REQUIREMENTS OF THE FLORIDA BUILDING CODE Florida Building Code—Building Section Section Chapter 1 Administration Chapter 7 Fire-Resistance-Rated Construction 101 General 713 Penetrations 102 Applicability 703 Fire-Resistance Rating of Structural Members 105 Permits 715 Opening Protective 107 Construction Documents 716 Ducts and Air Transfer Openings 108 Temporary Structures and Uses 109 Fees Chapter 9 Fire Protection Systems 110 Inspections 901 General 112 Service Utilities 902 Definitions 903 Automatic Sprinkler Systems Chapter 2 Definitions 904 Alternative Automatic Fire-Extinguishing Systems 202 Definitions 907 Fire Alarm and Detection Systems Chapter 3 Use and Occupancy Classification 908 Emergency Alarm Systems 302 Classification 909 Smoke Control Systems 306 Factory Group F 910 Smoke and Heat Vents 307 High-Hazard Group H 911 Fire Command Center 311 Storage Group S Chapter 4 Special Detailed Requirement Chapter 10 Means of Egress Based on Use and Occupancy 402 Covered Mall Buildings 1006 Means of Egress Illumination and Signs _ 403 High-Rise Buildings 1008 Doors,Gates and Turnstiles 1037 Day Care (continued) 2010 FLORIDA BUILDING CODE—BUILDING 27.1 61G6-7.001 Specialty Electrical Contractors. The following types of specialty electrical contractors may apply to be certified under the provisions of Part II, Chapter 489, F.S., and Chapter 61G6-5, F.A.C., above. In order to be admitted to a specialty contractor examination, the person must show 6 years of comprehensive training, technical education, or broad experience on the type of electrical or alarm system work for which certification is desired. (1) Lighting Maintenance Specialty Electrical Contractor. The scope of certification of a lighting maintenance specialty contractor is limited to the installation, repair, alteration, or replacement of lighting fixtures in or on buildings, signs, billboards, roadways, streets,parking lots and other similar structures. However,the scope of the certification does not include the provision of, or work beyond,the last electrical supplying source,outlet,or disconnecting means. (2) Sign Specialty Electrical Contractor. The scope of certification includes the structural fabrication including concrete foundation, erection, installation, alteration, repair, service and wiring of electrical signs and outline lighting. The scope of certification shall not include the provision of, or any electrical work beyond,the last disconnect mean or terminal points. However, a contractor certified under this section may provide the electrical entrance requirements for metering and main disconnect of remote billboards or signs which are independent of any structure or building and which require no more than twenty-five(25)kilowatts at two hundred fifty(250)volts maximum. (3) Residential Electrical Contractor. The scope of certification includes installation,repair, alteration, addition to, replacement of or design of electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, in a 1, 2, 3, or 4 family residence not exceeding 2 stories in height, and accessory use structures in connection with the residence. The electrical service installed or worked upon is limited to single phase,400 ampere single service. (4) Limited Energy Systems Specialty. The scope of certification of a limited energy systems specialty contractor includes the installation, repair, fabrication, erection, alteration, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, conduit, and fiber optics (transmission of light over stranded glass) or any part thereof not to exceed 98 volts, (RMS). The scope of work of this license does not include installation,repair, fabrication,erection,alteration, addition to, or design of electrical wiring,fixtures,appliances,thermostats, apparatus,raceways, conduit,that are part of an alarm system. (a)The scope of certification is limited to electrical circuits and equipment as set forth in Section 489.505(7),F.S. (b)The scope of certification shall not include work performed by public utilities exempt under the terms of Section 489.503(4), F.S.,or exempt due to the regulatory jurisdiction of the Florida Public Service Commission. (c) The scope of work of this license may also be performed by the following certified and registered license categories: Unlimited Electrical Contractor,Alarm System Contractor I,Alarm System Contractor II,and Residential Electrical Contractor. (5) Utility Line Electrical Contractor. The scope of certification of a utility line electrical contractor means a utility contractor whose business includes all types of transmission electrical circuits, distribution electrical circuits, and substation construction done for investor owned electrical utilities, city municipal electrical utilities, and cooperatives under the rural electric authority between point of origin and point of delivery. Rulemaking Authority 489.511(5)FS. Law Implemented 489.503(14), 489.505(19), 489.511(5)FS. History—New 1-2-80,Amended 7-29-84, 10-14- 84, Formerly 21GG-7.01, Amended 2-23-86, 12-24-87, 6-21-89, 3-3-92, Formerly 21GG-7.001, Amended 1-28-96, 12-25-96, 6-11-97, 12-24-97, 7-19-98, 10-7-99,2-17-00, 4-30-01, 4-30-03, 9-16-07, 12-2-08,8-22-11. STATE OF FLORIDA BUILDING COMMISSION In the Matter of MITCH THOMAS Case#: DCA09-DEC-257 Petitioner. DECLARATORY STATEMENT The foregoing proceeding came before the Florida Building Commission(the Commission)by a Petition from Mitch Thomas which was received as amended on July 13, 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 has obtained certification from the State as a specialty electrical contractor, specifically within the specialty of limited energy systems. 3. The Petitioner has performed, and intends to perform in the future,jobs relating to low-voltage electrical systems for telephones, data transmission, fire and security systems, closed-circuit and cable television,paging systems and speakers. 4. The Petitioner inquires whether the work he performs is subject to permitting pursuant to the Florida Building Code and related statutes? Conclusions of Law 1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement. 2. The Florida Building Code governs"the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and enforcement of such laws and rules . . .." §553.73(1)(a), Florida Statutes (2009). 3. A permit is required to "construct, erect,alter,modify,repair, or demolish any building within this state . . .." §553.79(1),Florida Statutes (2009). 4. The Code expressly incorporates provisions relating to"the installation of electrical systems, including alterations,repairs,replacement, equipment, appliances, fixtures, fittings and appurtenances thereto." Section 101.4.1, Florida Building Code, Building Volume(2007 as amended 10/1/09). The Code does not except or exempt low- voltage electrical systems from application of these provisions. 5. While the Code recognizes the potential for unpermitted ordinary minor repairs,work related to electrical systems is explicitly excepted from the scope of ordinary minor repairs. Section 105.2.2,Florida Building Code, Building Volume(2007 as amended 10/1/09). 6. Local enforcement agencies are authorized to exempt restricted classifications of work from the Florida Building Code by local action provided that if the work is performed by a property owner, area of the addition or alteration does not exceed the lesser of 1000 square feet or the size of the primary structure; or, if the work is performed by a non-owner, the cost thereof does not exceed$5000 within any 12 month period of time. §553.80(3),Florida Statutes(2009), and Section 102.2.5,Florida Building Code, Building Volume (2007 as amended 10/1/09). 7. Based on the foregoing, in the absence of a local exemption from the Code and for work exceeding the scope of permissible exceptions, the Florida Building Code requires that a permit be obtained for work related to low-voltage electrical systems for telephones, data transmission, fire and security systems, closed-circuit and cable television,paging systems and speakers. The Florida Building Commission expressly intends that the scope of this Declaratory Statement be restricted to the requirements of the Florida Building Code. The Commission possesses no authority to interpret or implement laws related to professional licensing. 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, Sadowski Building, 2555 Shumard Oak Boulevard,Tallahassee,FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission. A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3),Florida Statutes. DONE AND ORDERED this IR of Y in Coral Gables, Miami-Dade County, State of Florida. .4111)Agedf. aul . 'od, 21 • IA hair Flori• uil• •: ' • ission -I artme • ommunity Affairs Sadowski Building 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 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 919117---lay of 470 , 2009. 0 4619t, PAULA P. FO' Commission Clerk Via U.S. Mail Via Hand Delivery Mitch Thomas Mo Madani, C.B.O.Manager 4377 Commercial Way Codes and Standards Section Suite 206 Department of Community Affairs Spring Hill, Florida 34606 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4 Select Year 2013 ? Go The 2013 Florida Statutes Title XXXII Chapter 489 View Entire Chapter REGULATION OF PROFESSIONS AND OCCUPATIONS CONTRACTING 489.505 Definitions.—As used in this part: (1) "Alarm system" means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. (2) "Alarm system contractor" means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation, including, but not limited to, all types of alarm systems for all purposes. This term also means any person, firm, or corporation that engages in the business of alarm contracting under an expressed or implied contract; that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of alarm contracting; or that by itself or by or through others engages in the business of alarm contracting. (a) "Alarm system contractor I" means an alarm system contractor whose business includes all types of alarm systems for all purposes. (b) "Alarm system contractor II" means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes, except as herein provided. (3) "Board," except "local board," means the Electrical Contractors' Licensing Board created by this part. (4) "Certificate" means a geographically unlimited certificate of competency issued by the department as provided in this part. (5) "Certificateholder" means a contractor who has obtained a certificate of competency. (6) "Certification" means the act of obtaining or holding a certificate of competency from the department as provided in this part. (7) "Certified alarm system contractor" means an alarm system contractor who possesses a certificate of competency issued by the department. The scope of certification is limited to alarm circuits originating in the alarm control panel and equipment governed by the applicable provisions of Articles 725, 760, 770, 800, and 810 of the National Electrical Code, Current Edition, and National Fire Protection Association Standard 72, Current Edition. The scope of certification for alarm system contractors also includes the installation, repair, fabrication, erection, alteration, addition, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, and conduit, or any part thereof not to exceed 98 volts (RMS), when those items are for the purpose of transmitting data or proprietary video (satellite systems that are not part of a community antenna television or radio distribution system) or providing central vacuum capability or electric locks; however, this provision governing the scope of certification does not create any mandatory licensure requirement. (8) "Certified electrical contractor" means an electrical contractor who possesses a certificate of competency issued by the department. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Di splay Statute&Search_String=... 5/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4 Select Year: 2013 The 2013 Florida Statutes Title XXXII Chapter 489 View Entire Chapter REGULATION OF PROFESSIONS AND OCCUPATIONS CONTRACTING 489.503 Exemptions.—This part does not apply to: (1) Any employee of a certificateholder, registrant, or business organization authorized to engage in contracting who is acting within the scope of the license held by that certificateholder or registrant and with the knowledge and permission of the licenseholder. However: (a) If the employer is not a certificateholder or registrant in that type of contracting, and the employee performs any of the following, the employee is not exempt: 1. Holds himself or herself or his or her employer out to be licensed or qualified by a licensee; 2. Leads the consumer to believe that the employee has an ownership or management interest in the company; or 3. Performs any of the acts which constitute contracting. (b) The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions. For the purpose of this part, "employee" is defined as a person who receives compensation from, and is under the supervision and control of, an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers' compensation, all as prescribed by law. (2) An authorized employee of the United States, this state, or any municipality, county, irrigation district, reclamation district, or any other municipal or political subdivision of this state, except school boards, state university boards of trustees, and community college boards of trustees, unless for the purpose of performing routine maintenance or repair or construction not exceeding $200,000 to existing installations, as long as the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment. If the construction, remodeling, or improvement exceeds $200,000, school boards, state university boards of trustees, and community college boards of trustees shall not divide the project into separate components for the purpose of evading this section. (3) An officer appointed by a court when he or she is acting within the scope of his or her office as defined by law or court order. (4) Public utilities, on construction, maintenance, and development work performed by their forces and incidental to their business. (5) The sate or installation of any finished products, materials, or articles of merchandise which are not actually fabricated into, and do not become a permanent fixed part of, the structure. This subsection shall not be construed to limit the exemptions provided in subsection (6). (6) An owner of property making application for permit, supervising, and doing the work in connection with the construction, maintenance, repair, and alteration of and addition to a single-family or duplex residence for his or her own use and occupancy and not intended for sale or an owner of http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 5/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 • property when acting as his or her own electrical contractor and providing all material supervision himself or herself, when building or improving a farm outbuilding or a single-family or duplex residence on such property for the occupancy or use of such owner and not offered for sale or lease, or building or improving a commercial building with aggregate construction costs of under $75,000 on such property for the occupancy or use of such owner and not offered for sale or tease. In an action brought under this subsection, proof of the sale or tease, or offering for sale or lease, of more than one such structure by the owner-builder within 1 year after completion of same is prima facie evidence that the construction was undertaken for purposes of sale or lease. This subsection does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. For the purpose of this subsection, the term "owner of property" includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner shall personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section. If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued. The local permitting agency shall provide the owner with a disclosure statement in substantially the following form: Disclosure Statement State law requires electrical contracting to be done by licensed electrical contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own electrical contractor even though you do not have a license. You may install electrical wiring for a farm outbuilding or a single-family or duplex residence. You may install electrical wiring in a commercial building the aggregate construction costs of which are under $75,000. The home or building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease more than one building you have wired yourself within 1 year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person as your electrical contractor. Your construction shalt be done according to building codes and zoning regulations. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. (7) Any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or any construction, alteration, improvement, or repair on any project when federal law supersedes this part. (8) Any construction or operation incidental to the construction or repair of irrigation and drainage ditches; regularly constituted irrigation districts; reclamation districts; or clearing or other work on the land in rural districts for fire prevention purposes or otherwise, except when performed by a certificateholder under this part. (9) A registered architect or engineer acting within the scope of his or her practice, or any person exempted by the law regulating architects or engineers, including persons doing design work as specified in s. 481.229(1)(b). (10) Any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor. (11) The installation of alarm systems on motor vehicles and boats. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 5/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4 (12) Any person as defined and licensed under chapter 527 while engaged in work regulated under that chapter. (13) Any person defined and licensed as a fire protection system contractor under chapter 633, while engaged in work as a fire protection system contractor. (14) The sate of, installation of, repair of, alteration of, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, computers, customer premises equipment, customer premises wiring, and conduit, or any part thereof, by an employee, contractor, subcontractor, or affiliate of a company operating under a certificate issued under chapter 364 or chapter 610, or under a local franchise or right-of-way agreement, if those items are for the purpose of transmitting data, voice, video, or other communications, or commands as part of a cable television, community antenna television, radio distribution, communications, or telecommunications system. An employee, subcontractor, contractor, or affiliate of a company that operates under a certificate issued under chapter 364 or chapter 610, or under a local franchise or right-of-way agreement, is not subject to any local ordinance that requires a permit for work related to low-voltage electrical work, including related technical codes, regulations, and licensure. The scope of this exemption is limited to electrical circuits and equipment governed by the applicable provisions of Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of the National Electrical Code, current edition, or 47 C.F.R. part 68, and employees, contractors, and subcontractors of companies, and affiliates thereof, operating under a certificate issued under chapter 364 or chapter 610 or under a local franchise or right-of-way agreement. This subsection does not relieve any person from licensure as an alarm system contractor. (15) The provision, installation, testing, routine maintenance, factory-servicing, or monitoring of a personal emergency response system, as defined in s. 489.505, by an authorized person who: (a) Is an employee of, or a volunteer supervised by an employee of, a health care facility licensed by the Agency for Health Care Administration; (b) Performs services for the Department of Elderly Affairs; (c) Performs services for the Department of Children and Family Services under chapter 410; or (d) Is an employee of or an authorized representative or distributor for the producer of the personal emergency response system being monitored. (16) The monitoring of a personal emergency response system, as defined in s. 489.505, by a charitable, not-for-profit corporation acting in accordance with a contractual agreement with the Agency for Health Care Administration or one of its licensed health care facilities, the Department of Elderly Affairs, or the Department of Children and Family Services, providing that the organization does not perform any other service requiring certification or registration under this part. Nothing in this subsection shall be construed to provide any of the agencies mentioned in this subsection the authority to develop rules, criteria, or policy pursuant to this subsection. (17) The monitoring of an alarm system without fee by a direct employee of a law enforcement agency or of a county, municipal, or special district fire department or by a taw enforcement officer or fire official acting in an official capacity. (18) The monitoring of an alarm system by a direct employee of any state or federally chartered financial institution, as defined in s. 655.005, or any parent, affiliate, or subsidiary thereof, so long as: (a) The institution is subject to, and in compliance with, s. 3 of the Federal Bank Protection Act of 1968, 12 U.S.C. s. 1882; (b) The alarm system is in compliance with all applicable firesafety standards as set forth in chapter 633; and (c) The monitoring is limited to an alarm system associated with: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 5/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4 1. The commercial property where banking operations are housed or other operations are conducted by a state or federally chartered financial institution or any parent, affiliate, or subsidiary thereof; or 2. The private property occupied by the institution's executive officers, as defined in s. 655.005, and does not otherwise extend to the monitoring of residential systems. (19) The monitoring of an alarm system of a business by the direct employees of that business, so long as: (a) The alarm system is the exclusive property of, or is leased by, the business; (b) The alarm system complies with all applicable firesafety standards as set forth in chapter 633; and (c) The alarm system is designed to protect only the commercial premises leased by the business endeavor or commercial premises owned by the business endeavor and not leased to another. This exemption is intended to allow businesses to monitor their own alarm systems and is not limited to monitoring a single location of that business. However, it is not intended to enable the owner of any apartment complex, aggregate housing, or commercial property to monitor alarm systems on property leased or rented to the residents, clients, or customers thereof. (20) Contracting for repair, maintenance, remodeling, or improvement by any person licensed under part I of chapter 475 while acting as the owner's agent pursuant to that license, where all work requiring a contractor is performed by a contractor who has a current, valid certificate or registration issued under this part to perform such work, and where the aggregate contract for labor, materials, and all other items is less than $5,000; however, this exemption does not apply: (a) If the maintenance, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $5,000 for the purpose of evading this part or otherwise. (b) To a person who advertises that he or she is qualified to engage in contracting. (21) Alarm system inspections, audits, or quality assurance services performed by a nationally recognized testing laboratory that the Occupational Safety and Health Administration has recognized as meeting the requirements of 29 C.F.R. s. 1910.7. (22) Any person who installs or repairs lightning rods or related systems. (23) An employee or sales representative of an alarm system contractor if he or she: (a) Does not alter, install, maintain, move, or repair alarm systems on end-user premises; and (b) Is not granted access to passwords or codes that can be used to arm or disarm alarm systems installed on specific end-user premises, or, if working at an out-of-state location, has received a satisfactory fingerprint and background check from a state or federal agency. This subsection shall not be construed to limit the exemptions provided in subsection (6) or relieve a person of his or her obligation to comply with the applicable background check provisions of ss. 489.518 and 489.5185 for any onsite alarm sales. History.-ss. 12, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 2, 14, ch. 87-254; ss. 1, 21, 23, ch. 88-149; s. 4, ch. 89-343; s. 36, ch. 90-228; ss. 1, 10, ch. 91-119; s. 42, ch. 91-137; s.4, ch. 91-429; s. 8, ch. 92-55; s. 65, ch. 92-149; s. 270, ch. 94-119; s. 8, ch. 94-284; s. 34, ch. 95-145; s. 1, ch. 96-298; s. 73, ch. 96-388; s. 1132, ch. 97-103; s. 40, ch. 98-250; s. 35, ch. 98-419; s. 233, ch. 99-8; s. 23, ch. 99-254; s. 36, ch. 2000-372; s. 3, ch. 2006-154; s. 2, ch. 2006-283; s. 57, ch. 2007-217; s. 37, ch. 2011-194; s. 1, ch. 2013-203. Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String... 5/21/2014