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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 Page 1 of 19 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. Page 2 of 19 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 Page 3 of 19 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 Page 4 of 19 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 Page 5 of 19 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. Page 6 of 19 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 Page 7 of 19 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) Page 8 of 19 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. Page 9 of 19 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 Page 10 of 19 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, Page 11 of 19 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 Page 12 of 19 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. Page 13 of 19 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 = ~: (::;.. ~'-'~ *: ~-: