Agenda 12/12/2017 Item #17O12/12/2017
EXECUTIVE SUMMARY
Recommendation to enact an ordinance amending Ordinance No. 2015-36 to formally adopt, by
reference, the Florida Building Code, Sixth Edition (2017).
OBJECTIVE: To implement the new Florida Building Code. Exemptions identified in Ordinance 2015-
36 will remain in full effect.
CONSIDERATIONS: On December 31, 2017, Florida Building Code Sixth Edition (2017) will take
effect and replace the Florida Building Code Fifth Edition (2014). This amendment implements the new
State Building Code, while leaving all current exemptions in place. Staff is reviewing these exemptions
as well as others, and after vetting with stakeholders, may come back to the Board with proposed changes.
The proposed amendment reads as follows:
“SECTION ONE: Section One (a) of Ordinance No. 2015-36 is hereby amended as
follows:
(a) Adoption. There is hereby adopted by reference, the Florida Building Code,
Fifth Edition (2014) Sixth Edition (2017), and any amendments thereto, to be enforced by
Collier County in the unincorporated portions of the County.
No further changes to Ordinance No. 2015-36 are being made.”
If enacted, the Ordinance will be effective December 31, 2017.
FISCAL IMPACT: Cost of advertising was approximately $500. This is budgeted in fund 113, cost
center 138900.
GROWTH MANAGEMENT IMPACT: There is no anticipated growth management impact associated
with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To enact the proposed ordinance establishing the adoption of the State
mandated building code Florida Building Code Sixth Edition (2017).
Prepared by: Jonathan Walsh, Chief Building Official, Plan Review & Inspections Division, and Richard
Long, Director of Plan Review & Inspections Division
ATTACHMENT(S)
1. Ordinance amending Ordinance 2015-36 - florida building code (DOCX)
2. Ordinance 2015-36 (PDF)
3. Legal Ad - Agenda ID 4321 (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.O
Doc ID: 4321
Item Summary: Recommendation to enact an ordinance amending Ordinance No. 2015-36 to
formally adopt, by reference, the Florida Building Code, Sixth Edition (2017).
Meeting Date: 12/12/2017
Prepared by:
Title: Operations Analyst – Growth Management Operations & Regulatory Management
Name: Judy Puig
12/01/2017 8:19 AM
Submitted by:
Title: Director - Building Plans Review & Inspections – Building Plan Review & Inspections
Name: Richard Long
12/01/2017 8:19 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/01/2017 8:21 AM
Building Plan Review & Inspections Richard Long Additional Reviewer Completed 12/01/2017 9:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/01/2017 3:35 PM
Growth Management Department James French Deputy Department Head Review Completed 12/01/2017 5:02 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/04/2017 8:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2017 9:49 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/04/2017 10:26 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/04/2017 3:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Page 1 of 2
ORDINANCE NO. 2017-____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2015-36,
WHICH ADOPTED THE FLORIDA BUILDING CODE, FIFTH EDITION
(2014) AND ADDED CERTAIN EXEMPTIONS TO THE FLORIDA
BUILDING CODE, BY ADOPTING THE SIXTH EDITION (2017) OF THE
FLORIDA BUILDING CODE; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida Statutes
provides 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 thereto, on June 23, 2015, the Board of County Commissioners
adopted Ordinance No. 2015-36, which adopted by reference the Florida Building Code Fifth
Edition (2014), to be enforced by Collier County in the unincorporated portions of the County as
well as several local amendments to the Florida Building Code; and
WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the
Florida Building Code adopted by a local government pursuant to this paragraph shall be effective
only until adoption by the Florida Building Commission of a new edition of the Florida Building
Code every third year; and
WHEREAS, since adoption of Ordinance No. 2015-36, the Florida Building Commission
has adopted Florida Building Code, Sixth Edition (2017); and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No.
2015-36 to formally adopt, by reference, the Florida Building Code, Sixth Edition (2017).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Page 2 of 2
SECTION ONE: Section One (a) of Ordinance No. 2015-36 is hereby amended as follows:
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, Fifth Edition
(2014) Sixth Edition (2017), and any amendments thereto, to be enforced by Collier County in the
unincorporated portions of the County.
No further changes to Ordinance No. 2015-36 are being made.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall be effective December 31, 2017.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of _____________, 2017
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk PENNY TAYLOR, CHAIRMAN
Approved as to form and legality
_______________________________
Jeffrey A. Klatzkow, County Attorney
ORDINANCE NO. 2015-3 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, FIFTH EDITION (2014), AND PURSUANT
TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE FLORIDA BUILDING CODE, FIFTH EDITION (2014) RELATING
TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A
PROPERTY OWNER ON HIS OR HER OWN PROPERTY;
INCORPORATING CURRENT LOCAL WIND ZONE MAPS;
PROVIDING FOR REPEAL OF ORDINANCE NO. 2012-14 IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; PROVIDING FOR PENALTIES FOR
VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida
Statutes provides 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 thereto, on March 27, 2012, the Board of County Commissioners
adopted Ordinance No. 2012-14, which adopted by reference the Florida Building Code, 2010
edition, to be enforced by Collier County in the unincorporated portions of the County as well as
local amendments to the administrative procedures of the Florida Building Code as authorized by
Section 553.73(4)(a), Florida Statutes; and
WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the
Florida Building Code adopted by a local government pursuant to this paragraph shall be
effective only until adoption by the Florida Building Commission of a new edition of the Florida
Building Code every third year; and
WHEREAS, since adoption of Ordinance No. 2012-14, the Florida Building Commission
has adopted Florida Building Code, Fifth Edition (2014) ; and
15-OPS-00228/1180256/1] Page 1 of 6
WHEREAS; on April 23, 2009, the Collier County Review and Permitting Department
petitioned the State of Florida Building Commission inquiring whether replacement of a gas or
electric water heater requires a building permit under the requirements of the Florida Building
Code; and
WHEREAS, the State of Florida Building Commission issued a Declaratory Statement
dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence
of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes
2007), the Code requires a permit for the replacement of a gas or electric water heater"; and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2012-
14 in its entirety and formally adopt, by reference, the Florida Building Code, Fifth Edition
2014); and
WHEREAS, pursuant to Section 553.80(3), Florida Statutes, the Board of County
Commissioners desires to add certain exemptions to Section 105.2 of the Florida Building Code,
Fifth Edition (2014) (Work Exempt from Permit) relating to addition, alteration, or repairs
performed by a property owner on his or her own property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING
CODE.
a) Adoption. There is hereby adopted by reference, the Florida Building Code, Fifth Edition
2014), and any amendments thereto, to be enforced by Collier County in the unincorporated
portions of the County.
b) Additions. The following exemptions are added to Section 105.2 of the Florida Building
Code:
105.2.4. Exemptions for minor repairs residential. The following permit exemptions have
been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code
and Section 553.80(3)(c), Florida Statutes.
15-OPS-00228/1180256/1] Page 2 of 6 GQ'
Permit exemption is for owners of single family detached residences performing work on single
family properties. All work performed shall comply with the standards of the Florida Building
Code Residential.
Electrical
1. Repair work performed by licensed electrical contractors that does not exceed
1,500.00 in value of materials and labor.
2. Repair or replace existing light fixtures and ceiling fans.
3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less
and 120 volts.
4. Repair or replace the following low voltage (under 77 volts) devices:
a) Telephone
b) Television
c) Data Cable
d) Central Vacuum
e) Burglar Alarm
f) Intercom System
Plumbing
1. Repair/replace work performed by licensed plumbing contractors that does not exceed
1,500.00 in value of materials and labor.
2. Repair water solar panels by licensed plumbing contractors.
3. Change out of an above ground LP tank 100 lbs or less.
4. Repair irrigation system.
5. Repair domestic water service/lines.
6. Unclog sewer stoppage.
7. Repair sewer line excluding repair or replacement of interceptors, separators by
licensed plumbing contractors.
8. Repair/replace faucets.
9. Repair/replace water closet/bidet/urinal fixtures only.
10. Repair/replace sink/lavatory/drinking fountain fixtures only.
11. Repair/replace residential pool equipment other than pool heater.
12. Repair/replace shut off valve on a domestic water line.
13. Repair/replace and house pumps not exceeding 2 hp
14. Repair/replace residential disposal.
15. Repair/replace residential dishwasher.
16. Repair/replace like-for-like kind electric water heater up to 52-gallon capacity to
include electrical connection.
17. Repair/replacement of water purification/water softener equipment.
Mechanical
1. Repair work performed by licensed mechanical contractors that does not exceed
1,500.00 in cost for parts and labor.
2. Repair of air conditioning duct.
3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical
contractor.
15-OPS-00228/1180256/1] Page 3 of 6 0
4. Repair or replace non-combustion heating by licensed mechanical contractors.
5. Repair ventilation fans.
6. Replacement of window air conditioning unit.
7. Installation of ductless ventilation and range hoods
Building
1. Repair work performed by licensed contractors per Florida Statute 489 that is not
structural in nature and does not change the occupancy, does not affect life safety and
the value of which does not exceed $1,500.00 in labor and materials.
2. The repair of any roof covering not exceeding $1,500.00 in value of materials and
labor or work not exceeding two roofing squares (200 sq. ft.) in extent.
3. Installation or repair of satellite dishes installed in accordance with manufacturers
specifications and in compliance with local zoning requirements.
4. Installation or repair of canvas or cloth covered awnings.
5. Installation or repair of rain gutters.
6. Enclosure of existing covered patios/balconies/porches with screening.
7. Cement plaster (stucco) applied directly onto structures constructed of concrete
masonry units. Application of cement plaster must meet or exceed the manufactures
recommendations. All other applications will require a permit including but not
limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other
application over metal lath or wire lath fabric.
8. Door replacement including swinging, sliding, pivoting, and rolling which does not
otherwise create a new opening, enlarge or reduce an existing opening, or require the
removal of any exterior or interior finish material serving a single family residence or
other miscellaneous utility building constructed on a residential zoned lot. This
exemption shall not allow nor relieve the building owner, unit owner, installer or
contractor from complying with wind load and opening protection requirements of
the Florida Building Code.
9. Movable cases, counters, and partitions not over 10 feet in height.
10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish
work. This exemption is not allowed nor applicable when the work or alteration
affects the structural integrity of a load bearing wall, or the fire resistant material of a
fire rated horizontal or vertical separation. Projects located within a designated flood
zone are required to comply with the substantial improvement requirements and
submit a cost breakdown for any work which may be exempted from permits.
11. Swings and other playground equipment accessory. This exemption shall not allow
nor permit the encroachment of setbacks or the erection of any unsafe, structurally
unsound, or dilapidated structure. In the event the structure violates setbacks or is
considered unsafe, structurally unsound, or dilapidated the building official may
require a permit.
Note: All work shall comply with all applicable laws, ordinances, building codes and zoning
regulations. To assure your safety and to assure proper construction and/or installation, those
homeowners who are not familiar with the provisions and requirements of the Florida Building
Code are encouraged to visit the website www2.iccsafe.org/states/florida_codes/ to review code
requirements prior to doing any work or repairs or they can contact the county building
department if they have any questions. Homeowners lacking the technical background and
15-OPS-00228/1180256/1] Page 4 of 6 GQ-
familiarity with the code requirements are encouraged to have the work done by a licensed
professional or in the alternative apply for a permit where they will receive a technical review of
the proposed work and where they will receive all required onsite technical inspections
performed by a state licensed professional building inspector.
SECTION TWO: INCORPORATION OF UPDATED WIND ZONE MAPS.
The Wind Zone Maps appended hereto, consisting of Category 1, Category 2, and Category 3
and 4, are hereby adopted.
SECTION THREE: REPEAL
Ordinance No. 2012-14 is hereby repealed in its entirety.
SECTION FOUR. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: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
15-OPS-00228/1180256/1] Page 5 of 6 0
offence, 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 Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
re
County, Florida, this o13 day of V ne,2015.
c • B C1 4 h0+ `,rte
AEI 1;gT'. ''• non,,BOARD OF COUNTY COMMISSIONERS
DIG ?E oc CLERK COLLIER COUNTY, FLORIDA
pi4" ---
U,C,;,,,' .) A e„,._,s. ,By: / e",/Ja4e e.e___
Attet t airnia t D:pu - Cl-11 TIM NANCE, CHAIRMAN
signature one:' ' -
Approved as to form
and .gality:
Scot{A. Stone This ordinance filed with the
Assistant County Attorney Secretory of State's Office the
day of 1,,it)11 Q 2015
and acknowiedgemen of that
filing received this 1' day
of ck'(2c15. , .
By AA, .Aria,
15-OPS-00228/1180256/1] Page 6 of 6 0
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 26,2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-36,which was filed in this office on June 26, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us
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NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notice is hereby given that
on Tuesday, December 12,
2017,
17, in the Boardroom,
Third Floor, Administration
Building, Collier County
Government . Center, 3299
Tamiami Trail East, Naples,
Florida, the Boardof County
Commissioners, will consider
theenactment of a County
Ordinance. The meeting
will commence at 9:00 A.M.
Thetitle of the proposed
Ordinance is as follows:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO.
2015.369 WHICH ADOPTED
THE FLORIDA BUILDING CODE,
FIFTH EDITION (2014) AND
ADDED CERTAIN EXEMPTIONS
TO, THE FLORIDA BUILDING
CODE, BY ADOPTING THE
SIXTH EDITION (2017) OF THE
FLORIDA BUILDING CODE;
PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN,
EFFECTIVE DATE.
A Copy of the proposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection.All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any ' agenda
item must register . with
the County administrator
prior topresentation of the
item tem to be addressed
Individual speakers will be
limited to 3 minutes on any
item. The selection of an
individual to speak on behalf
of an organization or group is
encouraged. If recognized by
the Chairman, a spokesperson
for a group or organization
may be allotted 10 minutes to
speak on an item.
Persons wishin'to have
written or graphic materials
included in the Board agenda
Packets mustsubmit said
material a minimum of 3
weeks grior to the respective
public earin . In an case,
written materials inte any
t
be considered by the Board
shall be submitted to the
appropriate County staff a
minimum of seven days prior
to the public hearing. All
material used in presentations
before the Board will become
a permanent part of the
record.
Any person who. decides
to appeal a decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore,, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony .and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
i
accommodation n order to
participate in this proceeding,
you are entitled, at no cost to
you: to the provision of certain
assistance. - Please contact
the Collier County Facilities
Management Department,
located at 3335 Tamiami Trail
East, Suite #101, Building W,
Naples, Florida 34112, (239)
252-8380. Assisted listening
devices for the , hearing
impaired are available in
theCounty Commissioners'
Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy
Clerk
(SEAL)
December 2, 2017 No.1844427