Ordinance 2002-01 COLLIER COUNTY
ORDINANCE NO. 2002 -0._~_~
AN ORDINANCE ADOPTING THE FLORIDA
BUILDING CODE AND AMENDING CHAPTER ONE,
ADMINISTRATION, THEREOF; ESTABLISHING
THE EXACT LOCATION OF WIND SPEED LINES IN
UNINCORPORATED COLLIER COUNTY BY THE
ADOPTION OF MAPS RELATING THERETO; ,~?~ (_.
REPEALING CERTAIN COUNTY ORDINANCES
AND ADOPTED CODES IN THEIR ENTIRETY;
PROVIDING FOR INCORPORATION IN CODE(S),
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR PENALTIES, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of
the Florida Statutes provide that counties, as political subdivisions of the
State, have the governmental and proprietary powers to enable them to
conduct government, perform services, and may exercise any such powers
for public purposes, except when expressly prohibited by law; and
WHEREAS, pursuant to Senate Bill (SB) 52-C, 2"~ Engrossed, the
Legislature of the State of Florida has proposed legislation, in part, delaying
the effective date of the Florida Building Code from January 1, 2002, to
March 1, 2002; and
WHEREAS, Section 1606.1.6 of the Florida Building Code allows Collier
County to establish the exact location of wind speed lines by local ordinance;
and
WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes local
governments such as Collier County, Florida to adopt local amendments to the
administrative provisions of the Florida Building Code (FBC) provided: 1) they
are more stringent than the minimum standards described in the FBC. 2) such
amendments are transmitted to the Florida Building Commission within 30 days
of enactment of this Ordinance, and 3) the County makes such amendments
available to the general public in a usable format; and
WHEREAS, Collier County desires to provide a single ordinance
compiling the administrative amendments to the new Florida Building Code
which are intended to be followed in, and , enforced by,. Collier County
(County), and such amendments are more stringent than the minimum
standards set forth in the FBC, and the County will make such amendments
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available to the general public in a usable format and transmit such
amendments to the Florida Building Commission within 30 days of enactment of
this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1: Adoption and amendment of the Florida Building Code.
(a) Adoption. There is hereby adopted by reference, the Florida Building
Code, 2001 edition (FBC), to be enforced by Collier County in the
unincorporated portions of the County.
(b) Amendment. Chapter 1 of the Florida Building Code, Administration, is
hereby amended, as follows:
Section 101.1, entitled "Scope," is deleted in its entirety and replaced
with the following:
101.1. The purpose of this Code is to establish and adopt a single
regulation uniformly addressing the non-technical and administrative
requirements for the Florida Building Code, 2001 edition, the National
Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other
adopted technical codes and ordinances not superseded by the Florida
Building Code.
Section 101.2, entitled "Title," is deleted in its entirety and replaced
with the following:
101.2. The following regulations shall constitute and be known and cited
as the Collier County Administrative Construction Code ("ACC") hereinafter
referred to as the "ACC."
Section 101.3.3, is a new section entitled "Permitting and Inspection"
which will read as follows:
101.3.3 Permitting and Inspection. The permitting or inspection of any
building, system, or plan by Collier County, under the requirements of this
Code, shall not be construed in any court, or otherwise, as a warranty of
the physical condition or adequacy of any such building, system, or plan.
The County and employees thereof shall not be liable in tort, or otherwise,
for damages for any defect or hazardous or illegal condition or inadequacy in
any such building, system, or plan, nor for any failure of any component of
such, which may occur before, during or subsequent to any such inspection
or permitting.
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Section 101.4.9.1, is a new section entitled "Fire," which will read as
follows:
101.4.9.1. The provisions of the National Fire Code shall apply to the
construction, alteration, repair, equipment, use, occupancy, location and
maintenance of every building or structure, or any appurtenances connected
with or attached to such buildings or structures. Further, the National Fire
Codes shall apply to the installation of mechanical and fire protection
systems, including alterations, repairs, replacement, equipment, appliances,
fixtures, fittings and/or appurtenances, including ventilating, heating,
cooling, air conditioning and incinerators, and fire related systems or
installations.
Section 101.4.9.2, is a new section entitled "Maintenance," which will
read as follows:
101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing,
and fire protection systems, both existing and new, and all parts thereof,
shall be maintained in a safe and sanitary condition. All devices or
safeguards which are required by the technical Codes when constructed,
altered, or repaired, shall be maintained in good working order. The owner,
or owner's designated agent, shall be responsible for the maintenance of
buildings, structures, electrical, gas, mechanical, fire and plumbing and all
other applicable systems.
Section 102, is a "Reserved" section entitled "Building Department,"
which will include a new Section 102.1., entitled "Restrictions on
Employees," which will read as follows:
102.1. An employee connected with the enforcement of this Code, except
one whose only connection is as a member of the board established by this
Code, shall not be financially interested in the furnishing of labor, material or
appliances for the construction, alteration, or maintenance of a building,
structure, service, system, or in the making of plans or of specifications
thereof, unless he is the owner of such. No such employee shall engage in
any other work that is inconsistent with his duties or is in conflict with the
interests of the department.
Section 102 will also include a new Section 102.2, entitled "Records,"
which will read as follows:
102.2. The Building Official shall keep, or cause to be kept, a record of the
business of the department. Except as may be otherwise specified by Florida
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Statutes, including the Public Records Law, all records of the department
shall be open to public inspection.
Section 102 will also include a new Section 102.3, entitled "Liability,"
which will read as follows:
102.3. No County employee nor any member of the Board of Adjustments
and Appeals, charged with the enforcement of this Code or any technical
Code, acting for the applicable governing authority in the discharge of such
duties, shall thereby render himself personally liable, and is hereby relieved
from all personal liability for any damage that may accrue to persons or
property as a result of any act required or permitted in the discharge of such
duties. Any suit brought against any employee or member because of such
act performed by him in the enforcement of any provision of this Code or
any of the technical Code, shall be defended by the County Attorney until
the final termination of the proceedings.
Section 102 will also include a new Section 102.4, entitled "Reports,"
which will read as follows:
102.4. The Building Official shall submit annually a report covering the
work of the preceding year. He may incorporate in said report a summary of
the decisions of the Board of Adjustments and Appeals during said year.
Section 103.8, is a new section (with numbered sections) entitled "Right of
Entry," which will read as follows:
103.8. Whenever necessary to make an inspection to enforce any of the
provisions of this Code or the technical Codes, or whenever the Building
Official has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes such
building, structure, premises, electrical, gas, mechanical, plumbing or fire
systems unsafe, dangerous or hazardous, the Building Official may enter
such building, structure or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the Building Official by this
code, provided that, if such building or premises is occupied, he shall first
present proper credentials and request entry. If such building, structure, or
premises is unoccupied, he shall first make a reasonable effort to locate the
owner or other persons having charge or control of such and request entry.
If entry is refused, the Building Official shall have recourse to every means
provided by law to secure entry.
103.8.1. When the Building Official shall have first obtained a proper
inspection warrant or other means provided by law to secure entry, no
owner or occupant or any other persons having charge, care, or control of
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any building, structure, or premises shall fail or neglect, after proper request
is made as herein provided, to promptly permit entry therein by the Building
Official for the purpose of inspection and examination pursuant to this
Code.
Section 103.9, entitled "Stop work orders" is a new section which will read
as follows:
103.9. Whenever a life, health or safety issue is present or any work is
being done in violation of the provisions of this section or in variance with
the terms of any permit issued for such work, the Building Official may
order all work on the job stopped until such violation or variance is
eliminated and any work or installation made in violation of this section is
corrected. Such stop order, if oral, shall be followed by a written stop order
within 24 hours (excluding Saturday, Sunday or holidays). It shall be
unlawful to do or perform any work in violation of such stop order, except
as may be necessary to prevent injury or damage to persons or property.
Section 103.10, entitled "Revocation of Permits," is a new section (with
numbered sections 103.10.1. and 103.10.2) which will read as follows:
103.10. Revocation of Permits
103.10.1. Misrepresentation of Application. The Building Official may
revoke a permit or approval, issued under the provisions of this Code or the
technical Codes in case there has been any false statement or
misrepresentation on which the permit or approval is based.
103.10.2. Violation of Code Provisions. The Building Official may revoke a
permit upon determination by the Building Official that the construction,
erection, alteration, repair, moving, demolition, installation, or replacement
of the building, structure, electrical, gas, mechanical, plumbing, or fire
systems for which the permit was issued is in violation of, or not in
conformity with, any provision of this Code or the technical Codes.
Section 103.11, entitled "Safety," is a new section (with numbered
subsections 103.11.1. and 103.11.2) which will read as follows:
103.11. Safety
103.11.1. Unsafe Buildings or Systems. All buildings, structures,
electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to
existing uses, constitutes a hazard to safety or health, are considered
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unsafe buildings or service systems. All such unsafe buildings, structures or
serwce systems are hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition.
103.11.2. Physical Safety. Where pool construction commences prior to
occupancy certification of a one or two family dwelling unit on the same
property, the fence or enclosure required shall be in place at the time of final
building inspection. The final pool inspection shall be satisfactorily
completed prior to issuance of the dwelling unit's Certificate of Occupancy.
Where pool construction is commenced after occupancy certification of a
one or two family dwelling unit on the same property, the fence or
enclosure required shall be in place prior to filling of the pool unless during
the period commencing with filling of the pool and ending with completion
of the required fence or enclosure, temporary fencing or an approved
substitute shall be in place. Failure to call for a final pool inspection within
thirty (30) days of filling the pool shall result in an inspection rejection.
Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance,"
is a new section which will read as follows:
104.1.3.5. A building permit (or other written site specific work
authorization such as for excavation, tree removal, well construction,
approved site development plan, filling, re-vegetation, etc.) shall have been
issued prior to the commencement of work at the site. Activities prohibited
prior to permit issuance shall include, but are not limited to, excavation, pile
driving (excluding test piling), well drilling, formwork, placement of building
materials, equipment or accessory structures and disturbance or removal of
protected species or habitat. Where minor clearing of underbrush can be
accomplished without protected habitat or species disturbance, permitting is
not required.
Where test piles are required to establish bearing capacity for design
purposes of a project, prior to the issuance of a building permit, a test pile
permit shall be obtained before any piles are driven. All test pilings must be
driven within the footprint of the building and applicable fees shall be
charged for the permit. At the time of applying for the test piling permit the
contractor shall provide, a bond, letter of credit or certified check equal to
125% of the estimated cost of removing the test piling and grading the site
back to the condition it was in prior to the test piling in the event
construction does not commence. If the project does not proceed and the
test piles need to be removed, then they shall be removed to a minimum of
2 ft. below natural grade. In any event, the test piles are only allowed to
remain exposed for a maximum of six (6) months.
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Section 104.2.1.2, entitled "Additional Requirements," is a new section
which will read as follows:
104.2.1.2 Additional Requirements:
1. Drawings to scale, minimum scale is 1/8"
2. A site plan which shows the location of the proposed building or
structure and every existing building or structure on the site or lot.
3. The first sheet of the Architectural Plans shall provide an information
block with the following details:
(a) Occupancy classification(s). If the building contains more than
one (1) occupancy classification and/or tenant use areas, list
each separately with the individual square footages.
(b) Establish the required live load for the intended use of each
floor and/or mezzanine area.
(c) Building area (sq. ft.) for each floor and mezzanine area.
(d) Grade elevation of first floor + N.G.V.D.
(e) Applicable Flood zone.
(f) Elevation of first habitable floor + N.G.V.D.
(g) Height of building in feet above grade.
(h) Building height in stories.
(i) Type of construction.
(j) Designed for applicable wind load.
(k) Parking summary for occupancy classification(s) consistent
with the calculation and supporting documentation from the
approved final site development plan.
4. The permit documents (drawings) shall be no larger than 24" x 36."
5. The Building Official may require details, computations, stress
diagrams, panel schedules, and other data necessary to describe the
construction or installation and the basis of calculations.
6. Pre-manufactured Building Components.
(a) Building components designed by specialty engineers (i.e. roof
trusses, floor trusses, precast floor slabs, etc.) are required to be
submitted at time of permit application. Extra loading of the trusses,
beams or girders with hot water heaters, air handlers, compressors
or other loads not specifically considered in the specialty design will
not be allowed without engineered sealed drawings acknowledging
such extra loads.
(b) The specialty engineer shall acknowledge that additional loading
has been considered in the design and the type of roof covering shall
be designated on the truss plans.
(c) There will be no jobsite modifications of product alloWed
without an approved design by the specialty engineer.
(d) During the design process of roof trusses, floor trusses, or
precast floor slabs, consideration must be given to the possibility
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that point loading (i.e. girders and columns) may dictate redesign of
bearing footing. This shall be coordinated by the design
professional.
(e) The design professional shall make a statement on his plan that
he has considered and coordinated the truss layout plans, anchor
details, uplift loads and reaction loads into his architectural plans by
naming the truss manufacturer, their job number, and the date of the
truss manufacturers plans on his architectural plans.
(f) Provide the truss layout plans and details by the truss
manufacturer to include the profiles for all special trusses that have
reaction loads over 5000# and uplift loads over 1000#. These
special reaction and uplift connections shall be keyed into a
schedule that coordinates with the truss layout plan by a highlighted
indication on the truss layout plan for quick reference. The truss
manufacturer or the design professional shall provide the
recommended anchor for each special connection in the required
schedule. The engineered cut sheets for all trusses shall be available
at the job site prior to the required inspection.
(g) Provide an anchor bolt plan, fastener schedule and shop
drawings as furnished by the steel building manufacturer.
(h) Product approval is not required; however, all exterior doors,
windows, skylights, vents, etc. shall be approved at the final
inspection with either a certification sticker, by an approved testing
laboratory and applied to the product by the manufacturer, or a
signed and sealed document by the design professional indicating
that the item is able to withstand the applicable windloading
requirements as set forth on the maps adopted pursuant to §
1606.1.6, of the 2001 edition of the FBC, for the exact location of
windspeed lines.
(i) Engineered drawings shall be submitted with a signature and
raised seal for all miscellaneous structures such as awnings,
shutters, screen enclosures, swimming pools, spas and seawalls.
Note: Job specific engineering is not required for aluminum structures that
meet the specifications of approved Master Plan Design manuals. These
manuals shall be signed and sealed by a Florida State Registered Engineer
and be provided to the Building Department. The Master Plan service
provider shall periodically update their approved client list. Only approved
clients of the service are allowed to reference the Master Plan Design
manual.
(j) All signs and electric light standards shall meet structural and
other standards regarding sign and light pole construction, erection,
electrical wiring, etc. set forth in the building code. Plans for any
pole or ground sign exceeding 32 square feet in area and/or eight (8)
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feet in height or light pole exceeding 8 ft. in height shall be
accompanied by foundation drawings signed and sealed by a
licensed architect or engineer or the manufacturers
recommendations as published by their representative engineer.
(k) The Florida State certified architect or engineer of record shall
sign and seal all submitted documents that were prepared under
his/her license for the structural and functional components of the
structure. The architect or engineer of record shall also indicate
their company name, his/her legal name and State of Florida license
number, address and phone number in the title block.
7. A Lot Drainage Plan shall be submitted by the permittee at time of
approved Lot Drainage Plan at time of Certificate of Occupancy
Inspection. Ground elevations shall be gradually sloped away from the
building to effectively drain water away and to be managed on site
through roof guttering or earth grading. No significant stormwater run-
off is permitted to flow from the subject premises onto abutting
properties.
8. Plans shall show that construction of the lowest finished floor meets the
elevation criteria listed below or engineered properly to a site specific
design and certified by an architect or engineer, when conflict exist
between the FIRM elevation and others, the higher elevation shall be
required;
(a) FIRM elevation - the elevation that has been established by the
Flood Insurance Rate Maps (FIRM).
(b) Paved Road - a minimum of 18 inches above the crown of the
nearest street or interior roadway system if finished with paving; or
(c) Graded or Unfinished Road - 24 inches above the crown if graded
or otherwise unfinished; or
(d) Mean Sea Level - seven (7) feet above Mean Sea Level (MSL)
based on the 1929 National Geodetic Vertical Datum (NGVD); or
(e) Water Management Design
(1) Buildings within projects which have water management routing
and storage facilities designed and built for a 25-year, three (3)
day storm event in accordance with South Florida Water
Management District's criteria may use a finish floor elevation in
accordance with the project's water management designed 100
year zero discharge elevation or the FIRM elevation, whichever is
higher.
(2) Buildings which are not within projects having a water
management storage facility designed and built for a 25-year,
three (3) day storm event in accordance with South Florida Water
Management District's criteria shall use a finish floor elevation of
18 inches above the adjacent roadway crown elevation or the
FIRM elevation, whichever is higher.
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9. On parcels where unusual topographic conditions exist and the above
standard conditions cannot be reasonably applied, the Building Official
will consider requests to decrease the finish-floor elevation. All
requests will require an analysis by a Florida registered professional
engineer of the 25-year, three (3) day storm event and the 100 year,
three (3) day storm event, using zero discharge for the entire drainage
basin in which the proposed structure is located. Reductions may be
allowed on the basis of the analysis, but in no case shall the finish floor
be less than the FIRM.
Note: Slabs for garages, carports, screen enclosures, etc., must be at least
equal in elevation to the crown of the nearest street.
10. Building permits that require a foundation inspection or floor elevation
inspection shall submit a current survey with the permit application.
11. For fire damage issues, a professional review and written report shall be
submitted concerning the components to be salvaged and all structural
systems shall be certified by an architect or engineer. These documents
will be required before issuing a permit for reconstruction of a fire-
damaged structure.
Section 104.4.1.6, entitled "Licensed Contractor/Designated Agent," is
a new section which will read as follows:
104.4.1.6. All construction within the County's jurisdiction shall be
performed through and supervised by a licensed general contractor. A
licensed contractor shall sign the application but may designate an employee
or permitting service to submit and/or receive a building permit. Such
designation shall be by power of attorney, and a separate power of attorney
shall be required for each specific project or permit request. The power of
attorney shall remain in effect for a period of one (1) year and it is the
contractor's responsibility to notify the Building Review and Permitting
Department of any change in status of the designee.
Section 104.1.7, entitled "Unlicensed contractor," is a new section
which will read as follows:
104.1.7. A permit may be issued by the Building Review and Permitting
Department to an unlicensed builder to build or improve a one-family or two-
family residence or a farm outbuilding which is for their own use or
occupancy and which remains under the same ownership and occupancy for
a period of at least two (2) calendar years from the date Certificate of
Occupancy is issued. During such two (2) year period, no additional
permits, other than accessory, will be issued to this individual. All owners
constructing their own residence shall carry public liability insurance equal
to that as required for general contractors, and shall file a Certificate of
Insurance with the Building Services Division. The Building Review and
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Permitting Department may also issue a permit to an unlicensed builder to
build or improve their own commercial building provided the costs does not
exceed $25,000 and the building is for their own use and occupancy and
not for sale or lease.
Section 104.1.7.1., is a new section which will read as follows:
104.1.7.1 A building permit issued to a licensed contractor by the Building
Review and Permitting Department may be transferred to the subject
property owner as an unlicensed contractor to complete construction of a
single-family residence consistent with the terms and conditions specified in
Section 104.1.7. Prior to the actual transfer of the building permit from the
licensed contractor to the unlicensed contractor either of the following must
occur:
(ii)
The licensed contractor shall execute and submit to the
Building Review and Permitting Department a sworn
affidavit consenting to the full and complete release and
transfer of the building permit from the contractor's
control to the unlicensed contractor to complete
construction of the single-family residence; or
In the event the licensed contractor will not execute the
aforementioned affidavit of release and transfer, the
unlicensed contractor shall enter into an agreement with
the County addressing the following to the satisfaction of
the Building Official:
(a) That the unlicensed contractor has requested that the
licensed contractor provide an affidavit of release and
transfer, and that the licensed contractor has refused;
(b) That the unlicensed contractor has requested that the
County transfer the building permit from the licensed
contractor to the unlicensed contractor to complete the
construction of a single-family residence;
(c) That the unlicensed contractor will comply fully with
the terms and conditions of Section 104.1.7 and will
complete all applicable Building Review and Permitting
Department applications prior to permit release and
transfer;
(d) That the unlicensed contractor is responsible for fully
complying with all requirements of Chapter 173, Florida
Statutes; and
(e) That in consideration for the release and transfer of the
building permit by the Building Review and Permitting
Department, the unlicensed contractor agrees to indemnify
and hold Collier County harmless from any and all liability,
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losses, penalties, damages, and professional fees,
including attorney fees and all costs of litigation and
judgments associated with the release and transfer of the
building permit.
Sections 104.5.1.1 to 104.5.1.4, are replaced with the following:
1. The permit application and the plans shall be reviewed, approved, and
ready for issuance within a reasonable time from the date of application.
Permits shall be issued to the permittee and notified that the permit has
been approved. The review process includes appropriate responses from
the permit applicant when the permit cannot be approved. When the
applicant is advised of deficiencies and does not respond within six (6)
months with corrected plans or an appeal to the Code Enforcement Board,
the permit application will be canceled. The cancellation process includes
disposal of the application and plans.
2. Building permits shall expire and become null and void if the
construction authorized by such permit is not commenced within one
hundred and eighty (180) days from the date of the issuance of the permit.
Date of issuance is the date of permit pickup. Additionally, the building
permit shall expire if the work authorized by such permit is not completed
within 18 months from the date of issuance of the permit, unless prior to
the issuance of the building permit a time schedule has been submitted to
and approved by the Building Official or his designee predicated upon
customary time for construction of like buildings indicating completion of
construction in excess of 18 months. In the event a time schedule has
been submitted by the permittee, the building permit shall expire 30 days
after the date of completion set forth in the approved time schedule. For
purposes of this section, the construction authorized by such permit shall
not be deemed to have commenced unless and until all foundation
inspections have been requested and satisfactorily completed.
3. The Building Official or his designee may authorize a maximum of two
(2) extensions of an active, valid building permit for a period of 90 days
each, upon payment by the permittee of a filing fee for each extension. As
a condition to granting a permit extension, the Building Official may require
a building schedule from the permittee setting forth the date of completion.
The filing fee for each permit extension shall be equal to ten percent (10%)
of the original building permit fee or one hundred dollars ($100.00),
whichever is greater, but shall not exceed five hundred dollars ($500.00).
The filing fee is intended to cover the cost of reviewing existing or amended
building plans to determine and verify code compliance. No further
extension may be granted by the Building Official and the permit shall expire
and become null and void.
4. If construction has commenced within one hundred and eighty (180)
days from the date of issuance of the permit, and is subsequently
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abandoned or suspended as determined by the Building Official, the permit
shall expire and become null and void. Permit abandonment shall be
deemed to have occurred if a required inspection has not been requested or
satisfactorily completed within a six (6) month period. Once construction
has commenced on a building project, it shall be prima facie evidence of
abandonment or suspension of the project if the permittee during any six (6)
month period fails to actively engage in construction and fails to complete
at least sixty percent (60%) of the construction that would be considered
average for the industry for that six (6) month time period predicated upon a
customary time for construction of like buildings. Such project shall not be
considered abandoned or suspended if the permittee furnishes the Building
Official satisfactory evidence, in writing, that the delay is occasioned due to
unavailability of construction supplies or materials, and every effort has
been made to obtain substitute materials equal to those called for in the
specifications, or due to delay in delivery of construction supplies or
materials, or due to fire, weather conditions, civil commotion or strike.
Increased cost of building materials or supplies or financial hardship shall not
be considered by the Building Official as evidence that the project has not
been abandoned or suspended.
5. In the event that the Building Official declares a permit to be null and
void as the result of abandonment or suspension of the project, the
permittee shall be so notified, in writing, at his usual place of business.
Within 15 days after receipt of the Building Official's decision, the permittee
may appeal the decision of the Building Official to the Board of County
Commissioners or a duly authorized Board. The permittee shall have the
burden of establishing that the project has not been abandoned or
suspended upon which City Council or a duly authorized Board may reverse
the decision of the Building Official.
Section 104.5.4, entitled "Waste Materials Management," is a new
section which will read as follows:
104.5.4. Inert waste materials may be buried on-site provided that such
disposal is in conformance with federal, state, and local laws and
regulations. Inert waste materials as used herein are specifically limited to
brick, block, concrete, rock, stone, earth and sand that is free from
contamination and of other types of waste, and that is capable of serving as
fill material without environmental harm to, or pollution of, ground waters or
surface waters. All other wastes, including garbage, hazardous waste,
rubbish, refuse, paper products, containers, cloth, wood and wood
products, sweepings, liquids other than water, sludge, tree limbs and
trunks, undergrowth, and material produced by clearing and grubbing, and
other horticultural wastes, shall not be buried on-site (unless specifically
allowed by County Ordinance or the Land Development Code), but shall be
otherwise lawfully disposed of.
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Section 104.5.5, entitled "Dust Control," is a new section which will
read as follows:
104.5.5. Adequate dust control measures shall be employed by the
permittee to prevent complaints arising from unhealthy, unsafe or damaging
conditions. Failure to utilize adequate dust control procedures shall be
sufficient cause to order cessation of the work causing such dust and to
decline inspection requests.
Section 104.5.6, entitled "Noise Control," is a new section which will
read as follows:
104.5.6.
times:
Construction activities are permitted only during the following
6:30 a.m. until 7:00 p.m. Monday through Saturday.
No work is permitted on Sundays and the following holidays: New
Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving
Day, and Christmas Day.
Section 104.6.2, entitled "Work Commencing before Permit Issuance,"
has been deleted in its entirety and replaced with the following:
104.6.2. If any person commences any work on a building or structure
before obtaining the necessary permit, he shall be subject to a penalty of
quadruple (four times) the permit fees.
Section 104.6.4, entitled "Schedule of permit fees," has been deleted in
its entirety and replaced with the following:
104.6.4. The Board of County Commissioners shall establish, by resolution,
a schedule of fees and charges pertaining to permit and inspection
processes under this Code and related Ordinances. It is the intent of these
regulations that the County shall not be required to bear any part of the cost
of applications made under this Code. These fees may be changed by
Resolution of the Board of County Commissioners and are not subject to the
appeal process. No permit shall be issued until the fees prescribed in this
section have been paid, nor shall an amendment to a permit be released
until the additional fee, if any, due to an increase in the estimated cost of
the building, structure, electrical, plumbing, mechanical, or gas systems, has
been paid.
Section 104.6.5, entitled "Tenant improvements," is a new section
which will read as follows:
Page 14 of 19
104.6.5. The general contractor of record for the building shell permit will
be allowed to apply for a permit for tenant improvements before the shell
has been given a Certificate of Occupancy. Only the general contractor of
the building shell will be able to obtain a permit for a tenant improvement
prior to the shell being given a Certificate of Occupancy. Each tenant space
(i.e., unit, suite, etc.) that is not finished under the original building contract
will require its own permit for improvements. Revisions to the original
scope of work will not be considered for complete tenant improvements
after the original permit is issued. No tenant spaces will receive a
Certificate of Occupancy until after the shell has been given a Certificate of
Completion. Exceptions will be considered and reviewed by the Building
Official, or his/her designee. Final decision will be made based upon Life,
Health and Safety issues. The shell permit will be referenced on the tenant
improvement permit.
Section 105.4.1, entitled "Building (4)- Partial building inspections," is a
new section which will read as follows:
105.4.1. Partial inspections for structural, plumbing, mechanical, and
electrical will be made as requested, providing the request meets one or
more of the following guidelines;
(a) Submit an inspection plan.
(b) There are more than seven (7) units on one (1) floor.
(c) Stepped construction (discontinuous floor levels).
(d) Outside perimeter walls to allow for start of insulation on large
commercial jobs.
(e) Underground electric, sewer or water piping where cave-in is of
concern.
(f)Under slab work.
(g) Buildings with three (3) or more floors for fire rating of ceilings. All
other partial inspections may be arranged after submittal of an
approved specific inspection plan, satisfactory to the Building
Official.
Note: Failure to follow an approved inspection plan may result in the
removal of the completed work that was accomplished after the last
approved inspection.
Section 105.6.1, entitled "Building Inspections
read as follows:
As-Built survey," to
105.6.1. It is the duty of the permit holder to submit to the Building Official,
within 10 calendar days of this inspection, a location survey depicting the
building foundation. The location of the building and the finished floor shall
be precisely dimensioned in relation to each and every lot line as established
Page 15 of 19
by the zoning district or as established by conditions attached to the
development permit, applicable to the permitted structure and the property
upon which said structure is being constructed. The As Built Survey shall be
prepared by or under the direct supervision of a Florida registered land
surveyor and certified by same. Any work done prior to the survey required
hereby shall be at the permit holder's risk. The Building Official shall review
the location survey and approve same if all setback requirements are met.
Deficiencies or encroachments detected by such review shall be corrected by
the permit holder forthwith and prior to further work. Failure to submit the
survey required hereby or failure to make said corrections shall be cause to
issue a Stop-Work Order for the project.
Exception: Elevated finish floors will have the survey submitted within 10
days of completion of the floor.
Section 105.6.2, entitled "Accessibility for Building Inspectors," is a
new section which will read as follows:
105.6.2. The permit holder shall provide, have on site, and have present at
the time of inspection, a job representative to assist the County Inspector
with all required ladders, scaffolds, ramps etc. for the proper inspection of all
building components. Such temporary or permanent access facilities shall be
provided for and maintained by the permit holder in addition to all insurance
and liability issues. If accessibility to the required inspection is not available
to the County Inspector at the time of his or her inspection, then the permit
holder shall be subject to a re-inspection fee.
Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a
amended as follows:
106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of
construction of a building or structure and installation of electrical, gas,
mechanical and plumbing systems in accordance with the technical_Codes,
reviewed plans and specifications, and after the final inspection, the Building
Official shall issue a Certificate of Occupancy stating the nature of the
occupancy permitted, the number of persons for each floor when limited by
law, and the allowable load per square foot for each floor in accordance with
the provisions of this Code.
Section 106.1.3 entitled "Temporary/Partial occupancy," has been
deleted in its entirety and replaced with the following:
106.1.3. Temporary/Partial Occupancy. Permitted structures may not be
occupied (used for its intended purpose) until all final building inspections,
(structural, electrical, mechanical/plumbing, fire, engineering, parking,
drainage and landscaping) have been passed and a Certificate of Occupancy
Page 16 of 19
has been issued. This certificate may be temporary, contingent or final and
shall be signed by the Building Official or his/her designee. The permittee
shall preclude premature use of the structure by the owner (or others) unless
prior written approval (for limited purposes) of the Building Official is
obtained, and then only if inspections can be conducted unhindered and no
regular occupancy is to occur.
Section 106.1.4, entitled 'Existing Building Certificate of Occupancy,"
is a new section which will read as follows:
106.1.4 Existing Building Certificate of Occupancy. A certificate of
occupancy for any existing building may be obtained by applying to the
Building Official and supplying the information and data necessary to
determine compliance with the technical Codes for the occupancy intended.
Where necessary, in the opinion of the Building Official, two or more sets of
detailed plans or a general inspection, or both, may be required. When, upon
examination and inspection, it is found that the building conforms to the
provisions of the technical Codes and other applicable laws or ordinances for
such occupancy, a Certificate of Occupancy shall be issued.
SECTION 2: Adoption of the Wind Speed lines.
There is hereby adopted by reference, and pursuant to the authority of FBC
§ 1606.1.6, the Official Zoning Map Atlas with the wind speed lines
overlayed in one mile-per-hour increments. Any such maps depicting the
exact location of these wind speed lines will be applied to all construction
and will be enforced by Collier County in the unincorporated portions of the
County. A one page summary map generally depicting the wind speed lines
is attached as Exhibit A.
SECTION 3. REPEAL OF ORDINANCES AND CODES.
Upon the effective date of the Florida Building Code, Collier County
Ordinance 98-76, the Building Construction Administrative Code
Ordinance; Ordinance 98-79, the Collier County Gas Code; Ordinance
98-78, the Collier County Mechanical Code; Ordinance 98-74, the Collier
County Pool Code; Ordinance 98-80, the Collier County Structural Code;
Ordinance 98-77, the Collier County Electrical Code; as well as the
adopted provisions of the 1997 Standard Building Code, the 1997
Standard Gas Code, the 1997 Standard Mechanical Code, the 1994
Standard Pool Code, the 1996 National Electric Code; and the 1994
Standard Plumbing Code, are each and all repealed in their entirety and
will be of no further effect.
Page 17 of 19
SECTION 4. INCORPORATION, CONFLICT AND SEVERABILITY
1. It is the intention of the Board of County Commissioners and it is hereby
ordained that the provisions of this'Ordinance shall become and be made a
part of the Code of Ordinances of Collier County, Florida, and that the
sections of this Ordinance may be renumbered or re-lettered and that the
word "ordinance" may be changed to "section", "article" or other
appropriate word.
2. All sections or parts of sections of the Code of Laws and Ordinances of
Collier County, Florida, all Collier County Ordinances or parts of ordinances
and all Collier County Resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
3. If any word, phrase, clause, subsection, or section of this Ordinance is
for any reason held unconstitutional or invalid by any court of competent
jurisdiction, the invalidity thereof shall not affect the validity of any
remaining portions of this Ordinance.
SECTION 5. PENALTIES FOR VIOLATION
If any person, firm, corporation, or other legal entity whether public or
private, shall fail or refuse to obey or comply with, or violates, any of the
provisions of the ordinance, such person, firm, corporation, or other legal
entity whether public or private, upon conviction of such offense, shall be
punished by a fine not to exceed five-hundred dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the county jail, or both, in the
discretion of the court. Each day of continued violation or noncompliance
shall be considered as a separate offense. In addition, any person, firm,
corporation, or other legal entity whether public or private, convicted under
the provisions of this section shall pay all costs and expenses involved in
the case. In addition, the provisions of this ordinance may be enforced by
any means appropriate under Florida Statutes Section 125.69, or Chapter
162, or as set forth in Section 1.9 of the Collier County Land Development
Code
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State,
following adoption by the Board of County Commissioners.
Page 18 of 19
, !.~..',~. ~.'~ .~ ~
,,' ..~X~~ ~m.~,
~ ~ ~'~.:.':, ~.".,~ ~
a~pr~~:~E~;oem and
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
· Chairman
This ordinance filed with the
Secretory of State's Office the
~ day of .~ce,~-, ~
and acknowl~dgernen, to.° f.~th, at
filing received this/_.~_~--~-~lay
.f ~-~-~"--, ~.~'~.,
Page lg of 19
,,V,, iIgIHX3
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for th~ ~
Twentieth Judicial Circuit, Collier County, Florida, do~h~.~re~--~
certify that the foregoing is a true copy of: .... -- ~
ORDIN~CE NO. 2002-01 ~ ~ ~
Which was adopted by the Board of County Commissi~rs~n
the 8TH day of January, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th day
of January, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners ~, ·
~ Deputv Clerk = ~: (::;.. ~'-'~ *: ~-: