Agenda 04/22/2014 Item #16H5 4/22/2014 16.H.5.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement(ILA)with East Naples Fire Control
and Rescue District(ENFD) providing that the County assume fire plans review duties on
behalf of ENFD and the County's dependent fire districts, including Isles of Capri,
Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his
designee to act as the approving authority over fire plans review for the County's
dependent fire districts.
OBJECTIVE: To improve the speed of fire plans review and the issuance of permits in
conjunction with building plans review for projects located within the ENFD, Collier County's
dependent fire districts and Collier Fire District One operating under the County's Growth
Management Division(GMD).
CONSIDERATIONS: On June 11, 2013, Item 10E, the Board authorized Commissioner Tom
Henning to represent the Board and work with staff in evaluating and potentially negotiating
consolidated EMS services and County managed plan review and inspection services. Staff
subsequently attended fire district commissioner meetings and communicated with fire officials
to discuss opportunities to consolidate plan review and inspection services. In September 2013,
Commissioner Henning and staff attended an East Naples Fire Control and Rescue District
(ENFD)meeting to propose a county-sponsored fire plans review service.
Commissioner Henning and staff concurrently met with North Naples Fire Control and Rescue
District (NNFD), ENFD, and Golden Gate Fire Control and Rescue District (GGFD)
representatives to work towards consolidating fire plans reviews under the County. In November
2013, NNFD began to craft a plan to reorganize fire plans reviews in its district that involved
hiring its own reviewers and working cooperatively with the County's building officials within
the County's Growth Management Division offices.
On March 25, 2014, the BCC approved a Memorandum of Understanding (MOU) with the
ENFD and GGFD to work towards county-managed fire plans review services. On April 8,
2014, the ENFD Commission simultaneously approved an MOU with the County to pursue a
partnership related to reorganizing fire plans reviews and an Interlocal Agreement (ILA)
authorizing the County Manager (or his designee) to be the managing administrative authority
over the ENFD and the dependent fire districts' fire plans reviews.
The reorganization of the NNFD, ENFD and GGFD fire plans review process is intended to
improve the speed of issuing permits and reduce conflicts between plans reviews and fire
inspections.
The attached ILA provides, in part, that the County will hire fire plans reviewers and offer the
current ENFD staff Fire Code Owls Office esitions if they meet the County's hiring criteria
and are willing to accept employment. Additionally, the ILA mandates that fire plans reviewers
Packet Page-1289-
4/22/2014 16.H.5.
will operate on the same software as other GMD plans reviews, CityView, and that fifty-percent
of the ENFD Fire Marshall's unburdened salary will be paid by fire plans review fees.
The ILA between the ENFD and County addressing the management of fire plans reviews in the
ENFD and dependent fire districts, and NNFD the County's separate agreement to cooperatively
operate its plans reviewers located on County property will:
• Restore the one-stop-shop concept;
• Improve communication between fire plans, electrical, plumbing and building plans
reviewers,which has previously been lacking; and
• Reduce fire plans fees to make them more economical and eliminate redundant reviews.
The ENFD Board unanimously passed the attached ILA with the County with a request that the
ENFD's Attorney be permitted to review the agreement further post-execution; and in the event
that its attorney requests additional minor revisions to the ILA, not affecting the material
substance of the agreement, which are also approved by County staff and the County Attorney,
that those changes be permitted through an amendment to the ILA.
The ENFD and GGFD may merge if a referendum is approved on the ballot by voters in both fire
districts during the 2014 General Election. Should a merger result, the fire plans review ILA
between the ENFD and the County will require further amendment.
FISCAL IMPACT: Although fiscally neutral, a budget amendment will be required to
authorize new staffing positions including fire plans reviewers. The cost of which will be
reconciled by fire plans review fees. One half of the ENFD Fire Marshal unburdened salary will
also be funded by fees collected. Revenues and expenditures shall be reconciled after 12 months
of operations to match actual cost. This is a companion item to the to GMD agenda item
authorization for staffing.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
an Interlocal Agreement with East Naples Fire Control and Rescue District providing that the
County assume fire plans review duties on behalf of ENFD and the County's dependent fire
districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the
ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the
County's dependent fire districts.
Prepared by: Commissioner Tom Henning
Attachments: 1)ILA; 2)Approved ENFD County MOU; 3)Exhibit A;4)Exhibit B; 5)Exhibit
C
Packet Page-1290-
4/22/2014 16.H.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.5.
Item Summary: Recommendation to approve an Interlocal Agreement (ILA) with East
Naples Fire Control and Rescue District (ENFD) providing that the County assume fire plans
review duties on behalf of ENFD and the County's dependent fire districts, including Isles of
Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee
to act as the approving authority over fire plans review for the County's dependent fire
districts. (Commissioner Henning)
Meeting Date: 4/22/2014
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
4/10/2014 4:18:35 PM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/15/2014 10:12:42 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/15/2014 10:35:05 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/15/2014 10:58:50 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2014 11:25:14 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Manag
Date: 4/15/2014 12:24:02 PM
Packet Page-1291-
4/22/2014 16.H.5.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/15/2014 12:54:54 PM
n
n
Packet Page-1292-
4/22/2014 16.H.5.,
INTERLOCAL AGREEMENT CONCERNING
PLAN REVIEW AND INSPECTION
THIS INTERLOCAL AGREEMENT CONCERNING PLAN REVIEW AND
INSPECTION (hereinafter referred to as the "Interlocal Plan Review Agreement") is made and
entered into this of , 2014, by and between East Naples Fires Control and
Rescue District (hereinafter referred to as "ENFD") and Collier County, Florida, and as the
Governing Body of the Ochopee Fire District and the Isle of Capri Fire and Rescue District
(hereinafter referred to as"County"),collectively referred to as the"Parties."
RECITALS:
WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes,
authorizes the joint exercise of any power, privilege or authority which the public agencies
involved herein might exercise separately; and
WHEREAS,the ENFD and County are public agencies within the meaning of the Florida
Interlocal Cooperation Act of 1969 and wish to enter into this agreement to jointly exercise
powers which each might exercise separately for the purpose of fire prevention within Collier
County, Florida; and
WHEREAS, the North Naples Fire Control and Rescue District (NNFD), Golden Gate
Fire Control and Rescue District, Big Corkscrew Fire Control and Rescue District, Inunokalee
Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire
Control District, and Isle of Capri Fire Control District (collectively referred to as the Fire
Districts), entered into an Interlocal Agreement with Collier County dated January 28, 2003, for
the purpose of delineating the responsibilities of Collier County and the Fire Districts with
respect to plan reviews and fire inspections for new construction, construction projects, and
existing structures,a copy of which is attached as Exhibit"A;"and
WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between
the East Naples Fire Control and Rescue District and Collier County, as the governing body of
the Ochopee Fire District for the purpose of providing an expeditious, high-quality plan review
and fire inspection process for new construction and construction projects, a copy of which is
attached as Exhibit `B," that the ENFD and County wish to terminate and replace with this
Interlocal Plan Review Agreement;and
WHEREAS,pursuant to Exhibits "A"and"B,"the East Naples Fire Control and Rescue
District has acted as the Administrative District by reviewing all building permit plans filed with
Collier County for compliance with the Fire Code;and
WHEREAS,the County and NNFD entered into an MOU dated January 28,2014, a copy
of which is attached as Exhibit "C," wherein NNFD will resume reviewing all building permit
plans located in NNFD; thereby terminating the East Naples Fire Control and Rescue District as
the Administrative District for such reviews in the NNFD coverage areas; and
9
Packet Page-1293-
4/22/2014 16.H.5.
WHEREAS, ENFD and the Golden Gate Fire Control and Rescue District are in the
process of consolidating into a single Fire Control and Rescue District (the "Consolidated
District");and
WHEREAS,ENFD has decided it no longer wishes to utilize the Fire Code Office(FCO)
for review of all East Naples building permit plans filed with Collier County for compliance with
the Fire Code, and the County has agreed to assume responsibility for this administrative
function,subject to the following terms and conditions.
WITNESSETH:
NOW,THEREFORE,the Parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The Parties agree that notwithstanding the 45 day notice to terminate provision
individually afforded each party provided in Section Nine of the October 14, 2003 agreement
attached as Exhibit `B," that agreement shall be terminated as of the effective date of this
Interlocal Plan Review Agreement.
3. The County shall assume responsibility for Fire Plans Reviews of all building
construction plans and specifications of all new construction and construction projects. ENFD
shall continue to be responsible for performing inspections and any necessary re-inspections of
new construction and construction projects for which building permits have been issued. •'■
4. The County will work with the ENFD Fire Chief to offer Fire Plans Review staff
from the existing Fire Code Official's Office the option to transfer to the County Fire Plans
Review section within the Growth Management Division (GMD) subject to: having the
appropriate qualifications, acceptance of reasonable compensation, and availability of positions
based on appropriate staffing levels necessary to complete fire plan reviews consistent with the
County's existing performance measures. The appropriate staffing and conditions of employment
will be determined by Collier County. Fire Plans Reviewers will be cross trained for other GMD
plans reviews with the consent of the ENFD Fire Chief, which shall not unreasonably be
withheld,and may only utilize the staff in this capacity to maximize workload as necessary, and
they must remain dedicated to processing and completing fire plans reviews.
5. To promote an orderly transition of the County's responsibility for Fire Plans
Review, ENFD is maintaining its responsibility as the Administrative District to the Fire Code
Officials Office in order to serve the existing customers and Fire Districts. As the
Administrative District, ENFD agrees to work cooperatively with the County and other
participating Fire Districts of the FCO to utilize existing fire plans reviewers in the best interest
of serving the community, until such time the County hires fire plans reviewers, consistent with
number paragraph four (4), or within 60 days following the activation of this Interlocal Plan
ReviewAgreement, whichever is sooner.
6. The ENFD Fire Chief will retain his administrative authority and will retain his
Authority Having Jurisdiction(the"AHJ") as provided under Florida Statute 633.
2
CD
Packet Page 4294-
4/22/2014 16.H.5.
7. The East Naples—Golden Gate Fire Marshal, through the authority of the ENFD
Fire Chief, shall be appointed as the Collier County Fire Marshal, and shall have jurisdictional
and final approval authority over fire plans reviews within the ENFD and GGFD districts and the
areas agreed upon by Collier County, GGFD and ENFD, or the subsequent Consolidated District
entity resulting from the anticipated future merger between the East Naples and Golden Gate Fire
Control and Rescue Districts. County Manager (or designee) is the direct employer for County
fire plans reviewers and maintains the authority to manage its staff and fire plans review
processes.
8. The County will pay fifty percent (50%) of the East Naples — Golden Gate Fire
Marshal's unburdened salary to the ENFD out of revenue the County collects from fire plans
review fees. Payment will be remitted by the County equally throughout the year on a quarterly
basis.
9. ENFD and the County agree for the ENFD-GGFD Fire Chief and Fire Marshal
(or designee) to act as the jurisdictional and final approval authority for fire plans reviews and
ENFD managed inspection services for the anticipated Consolidated District, as well as the
Ochopee and Isles of Capri Fire Control and Rescue Districts and Collier Fire District One.
10. This Interlocal Plans Review Agreement contains the complete and entire
understanding of the Parties.
11. In accordance with § 163.01(11), Florida Statutes, this Interlocal Plan Review
Agreement shall be recorded by the Clerk of the Circuit Court in the Official records of Collier
County,Florida.
12. This Interlocal Plan Review Agreement shall become effective upon its execution
by the ENFD and County and its filing with the Clerk of the Circuit Court.
13. The Agreement shall remain in effect until terminated by either the County or the
Fire District. The County or the Fire District may terminate this Agreement with or without
cause by providing written notice to all other parties within this Agreement. Such termination
shall be effective forty-five(45)days from receipt of such termination notice.
IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Plan Review
Agreement to be executed by their appropriate officials,as of the date first above written.
3
Packet Page-1295-
4/22/2014 16.H.5.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA,And As the
Governing Body of the Ochopee and Isles of
Capri Fire Districts
By: By:
,Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
.411117
East Naples Fire Control and Rescue District
By:
ss Printed Name: lr l a-3C-7
/ I' Title: ift161..--
ttness
4
Packet Page-1296-
4/22/2014 16.H.5.
MEMORANDUM OF UNDERSTANDING
PLAN REVIEW AND INSPECTION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is made and entered into this 2.9-i;of st-1.c av-ems, 2014, by and between East Naples
Fires Control and Rescue District (hereinafter referred to as "ENFD") and Collier County,
Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"),
collectively referred to as the"Parties."
RECITALS:
WHEREAS, the North Naples Fire Control and Rescue District (NNFD), Golden Gate
Fire Control and Rescue District, Big Corkscrew Fire Control and Rescue District, Immokalee
Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire
Control District, and Isle of Capri Fire Control District (collectively referred to as the Fire
Districts), have entered into an Interlocal Agreement with Collier County dated January 28,
2003, for the purpose of delineating the responsibilities of Collier County and the Fire Districts
with respect to plan reviews and fire inspections for new construction, construction projects, and
existing structures, a copy of which is attached as Exhibit A; and
WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between
the East Naples Fire Control and Rescue District and Collier County, as the governing body of
the Ochopee Fire District and for the purpose of providing an expeditious, high-quality plan
review and fire inspection process for new construction and construction projects, a copy of
which is attached as Exhibit B, the Interlocal Agreements attached as Exhibits "A" and `B" are
collectively referred to as the"Interlocal Agreements"; and
WHEREAS, pursuant to the Interlocal Agreements, the East Naples Fire Control and
Rescue District has acted as the Administrative District by reviewing all building permit plans
filed with Collier County for compliance with the Fire Code;and
WHEREAS,the County and NNFD entered into an MOU dated January 28, 2014, a copy
of which is attached as Exhibit "C," wherein NNFD will resume reviewing all building permit
plans located in NNFD; and to terminate the East Naples Fire Control and Rescue District as the
Administrative District for such reviews; and
WHEREAS, ENFD and the Golden Gate Fire Control and Rescue District are in the
process of consolidating into a single Fire Control and Rescue District("Consolidated District");
and
WHEREAS, ENFD has decided it no longer wishes to review all building permit plans
filed with Collier County for compliance with the Fire Code, and County has agreed to assume
responsibility for this administrative function; and
Packet Page-1297-
4/22/2014 16.H.5.
WHEREAS, the County shall agree to hire a number of Fire Code Officials Office
employees for the purpose of maintaining a compliant, effective and dedicated fire plans review
process under the County; and
WHEREAS, the ENFD Fire Chief will retain his authority having jurisdiction (AHJ) as
provided under Florida Statute 633; and
WHEREAS, the East Naples — Golden Gate Fire Marshal, through the authority of the
Fire Chief shall be appointed as the Collier County Fire Marshal, having jurisdictional and final
approval authority for all fire plan review and inspection services within the ENFD and Golden
Gate Fire Districts and the areas agreed upon by Collier County and ENFD, or its subsequent
entity resulting from a future merger between the East Naples and Golden Gate Fire Control and
Rescue Districts; and
WHEREAS, GGFD and the County agree for the ENFD-GGFD Fire Chief and Fire
Marshal to act as the jurisdictional and final approval authority for fire plan review and
inspection services for the Consolidated District, as well as the Ochopee and Isles of Capri Fire
Control and Rescue Districts; and
WHEREAS, the Parties recognize that the above referenced Interlocal Agreements will
need to be substantially amended; and
WHEREAS, the Parties agree that in order to ensure that there are no impacts to the
community, an orderly transition of the Fire Plan Review services between ENFD and the
County is needed; and
WHEREAS, the Parties agree that due to the amount of time it may take to amend the
Interlocal Agreements and the subsequent transition period, it is appropriate to enter into this
MOU to describe the general concepts of a future interlocal agreement between the ENFD and
County that provides for the County reviewing of all building permit plans located within its
boundaries.
WITNESSETH:
NOW,THEREFORE, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The County will assume responsibility for Fire Plan Review of all building
construction plans and specifications of all new construction and construction projects. ENFD
shall continue to be responsible for performing inspections and any necessary re-inspections of
new construction and construction projects for which building permits have been issued.
3. County will work with the ENFD Fire Chief to offer Fire Plan Review staff from
the existing Fire Code Official's Office the option to transfer to the County fire review section
2
Packet Page-1298-
4/22/2014 16.H.5.
subject to: having the appropriate qualifications, acceptance of reasonable compensation, and
availability of positions based on appropriate staffing levels necessary to complete fire plan
reviews consistent with the County's existing performance measures. The appropriate staffing
will be determined by Collier County. Fire plans reviewers will be cross trained for other plans
reviews with the consent of the Fire Chief and only utilized in this capacity to maximize
workload as necessary, but are dedicated to fire plans review.
4. It is the parties' intent to replace the above-reference Interlocal Agreements with a
new Interlocal Agreement. Until such time, the parties will work cooperatively under the general
guidelines of this MOU. This MOU may be terminated by either Party upon written notice to the
other.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by
their appropriate officials, as of the date first above written.
Attest ,' r`f BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK:,Clerk COLLIER CO .ITY,F ORIDA
By /R . _ 4.- .y: .:i ,1..�
'`''` . Deputy Clerk TO NN G, Chan an
Atte tE, th;:C3tairman's
�` signature only.
East Naples Fire Control and Rescue District
By
itness / Printed Name: j, t>. " PA)9.
(E40_124,, �; Title: C"rfaF-tr`ew n1
W itness
Appr /ed as to form and legality
t"1-7 21/(1-€44..-/4-/1 4-7
Jeffr y A. Klatzkow i
County Attorney
3
Packet Page-1299-
4/22/2014 16.H.5.
•
•
--� . _. .-- . .. - - -
. - • -- -
118
CLUE TO TIE DOUD MUD le the OffICIAL UMW of COLLIU COUfl. 1L Uc 141 211.14
MI
irt MIC! 111 11001 11/!1!200) st I2:OP I DV7 T I. 010CI, CLUE BOUMK 1.11
1244 INTERLOCAL AGREEMENT cop" 14.0
EXHIBIT A
This Interlooal Agreement('Agreement)Is made and entered into by and between Collier County,a political
subdivIsOn of the State of Florida,hereinafter referred to as the'COUNTY'and the North Naples Fire
Control and Rescue District,Goiden•Gate Fire:Controi and Rescue District,Big Corlcecrewr island Fire
Control and Rescue District,knmokalee Fire Control District,East Naples Firs Control and Rescue District,
Ochopee Fire District,Isles of Capri Municipal Rescue and Fire Services Taxing District,hereinafter
collectively referred to as the'FIRE DISTRICTS,'
WHEREAS,the Florida Interlace'Cooperation Act of 1989,9 163.01,Florida Statutes,authorizes the joint
exercise of any power,privilege or authority which the public agencies Inclined herein might exercise
separately;and
• WHEREAS,the COUNTY and the FIRE DISTRICTS are public agencies,within the meaning of the Florida
Interlocal Cooperation Act and desire the pile exercise of power which each might exercise separately for •
the purpose of providing fire prevention within Collier County;and
WHEREAS,Section 553.79(2).Florida Statutes,requires review and approval,by both the BUILDING
OFFICIAL and the appropriate fire inspector,of plans and specifications for the construction,erection,
alteration,repair or demolition of any building before a permit for such work may be issued.
•
NOW,THEREFORE,in consideration oft '• •r : mutual promises,covenants,and
*'- covenant.agree,and bind
duties hereinafter set forth,the COUNT ;17:77 ..,. �.
themselves as follows: • 41•
SECTION ONE:Purpose.
The purpose of this Agreement is • •- y Ai"... . plan review and fire
inspection process for new corst1_.,.! , MM!, '� ;;1w. .., within the boundaries
of the FIRE DISTRICTS by . ' 17--4. . the FIRE DISTRICTS In n
order to enhance service to the- 'W T'� _ ��
SECTION TWO:Definitions. li ,-:4
The fosowing terms as used In this stale be deli —4-- . i
ADMINISTRATIVE DISTRICT-East Control and ; ,v
ASSISTANT FIRE CODE OFFICIAL An • *!f• ,.1.�',. • • by the ADMINISTRATIVE DISTRICT
and who sews in the absence of the FIRE CODE• pursuant to this agreement.
AUTHORITY HAVING JURISDICTION-The Fire Chief or his/her designee(Fire Marshal or FIRE SAFETY
INSPECTOR or FIRE CODE OFFICIAL.)responsible tor,and having final authority in his/her respective
jurisdiction,in both new end existing construction(9 FS 833.121).
BOARD-The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the
Collier County Land Development Code.
BUILDING CODE-The Florida Building Code 2001,as adopted by Collier County Ordinance No.2002-01.
BUILDING OFFICIAL•The Collier County Building Review and PermltlIn4 Director or his designee.
COUNTY-The general-purpose goverment of Collier County,which is a political subdivision of the State of
Florida.
FIRE CODE-The Collier County Fin Prevention Ordinance,Ordinance No.2002.49,the State Minimum
Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapter 633,Florida
Statutes and any successor or amendment thereto during the life of this Agreement.
1 '
Packet Page-1300-
4/22/2014 16.H.5.
118
OR: 3208 PG: 0837
FIRE CODE OFFICIAL.;The Individual appointed by the FIRE DISTRICTS and employed by the
ADMINISTRATIVE DISTRICT who is responsible for the following duties:
1. The accurate and timely review of building permit applications,plans and specifications tor
compliance with the applicable FIRE CODE;
2 The performance of statutory functions of the Are Marshal and FIRE CODE OFFICIAL for
fire plan review;
3. Providing Collier County with assistance in updating the FIRE CODES and related
ordinances;
4. Managing and overseeing all employees and records of the FIRE CODE OFFICIAL'S Office
on a daily basis including time sheets and expenditures;
5. Providing training as needed to office stall and fire district personnel;
6. Presenting a preliminary budget to the Fire Chief of each district,and a final budget to the
Fire Chief of the ADMINISTRATIVE DISTRICT or hislwr designee:and .
7. Participating as a member of the Collier County Fire Marshal Association.
FIRE DISTRICTS•The
Independent tiro control and rescue districts operating within Collier.County,
including North Naples,Golden Gate,Big Corkscrew bland,Immokalee,East Naples and the dependent
districts of Octaves and Isle of Capri.
FIRE SAFETY INSPECTOR•The individual..� ;;J; •1�out the functions identified by and referenced
In Chapter 553,Florida Statutes,Build l' �'! � 1•` Chapter 633,Florida.Statutes,Fire
Prevention and Control.Such iruNvid led by `,"; of State Fire Marshal pursuant to§
633.05,Florida Statutes.The term this Agreement maw . . the FIRE CODE OFFICIAL,the
ASSISTANT FIRE CODE OFF • ' or a FIRE - ` OR employed by one of the
FIRE DISTRICTS.
FIRE SERVICE STEERING e• ^! ��"',: �'!. 1 day of March 1991
•
NEW CONSTRUCTION OR «• : ,�' ,alteration,
repair or demolition of a building.
SECTION THREE: • • • ' District Duties,
in order to Implement t e i r duties and •. _ . . under this ' ,the FIRE DISTRICTS
have entered into separate intedocai a . .�.' ;� ATNE DISTRICT.The FIRE
DISTRICTS represent to the COUNTY that , Ef r" `� . DISTRICT is authorized by these
Interlocl agreements to employ personnel,lease office space,receive payments,disburse hands,and
otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS'duties under this
Agreement The COUNTY,based upon the FIRE DISTRICTS'representations,agrees to recognize the
ADMINISTRATIVE DISTRICT as the FIRE DISTRICTS'agent for the implementation and administration of
this Agreement.
SECTION FOUR:Ou&MicatIons of FIRE CODE OFFICIAL end ASSISTANT FIRE CODE OFFICIAL
The FIRE DISTRICTS agree to provide to the County a FIRE CODE OFFICIAL and an ASSISTANT FIRE
CODE OFFICIAL
The FIRE CODE OFFICIAL shall have the following qualifications:
1. A minimum of ten(10)years impedance reviewing construction plans for FIRE CODE
compliance.A combination of training and experience may be*considered.
2. A Fire Protection Engineering Degree is widened,but an otherwise qualified candidate with
an Associates Degree in Fire Science or Administration,with a combination of additional
training and experience is eligible for the position.
3.Fire Service experience including tire district operations and fire prevention is desired.
2
Packet Page-1301-
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0838
4.Experience in National Fire Protection Association codas and Model Code interpretation and
enforcement.
5.Certification as a Florida Municipal Fire Inspector
6.Managerial skills that can be dsmonq ayd either by expsrlenos or training.
7.The ability to provide a precise.technical and timely examination of construction plans and
Specs icatons for the purpose of determining adequacy of fire and IMe sally features.
•.All legaly required licensee and osrtlpgtions to Krell his or her duties as Dunked in this
Agreement including.but not limited to,all license and,certifications Mat may be required by
Section 553.79 and Chapter 633,Fiends 8teasss,as amended from lime to tine.
The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum quallncatlors set fort in paragraphs 34
above.
It shall be the responsibility of the ADMINISTRATIVE DISTRICT to ensure that the FIRE CODE OFFICIAL.
and ASSISTANT FIRE CODE OFFICIAL have and maintain the quellioatio s outlined in this section.
SECTION FIVE:Fire Pion Review Procedure.
The FIRE CODE OFFICIAL shall review the • • plans and spsotllodions of Y new
oons*ructlon and oon•huctlon pru rots, . • '7.4".17 dweli ngs,for compliance with the FIRE
CODE. Gp ?�,
1.Ths COUNTY shall • • • •• permit
shall review�p • • , r _ The RRE CODE OFFICIAL
-. , th• e FIRE
CODE.
c ' the day to building
not be putoftMfkep .1-
2.The FIRE CODE plan tlM be -,r OFFICIAL while COUNTY
tv
Met elravlewk and Electrical performing isii we with performed by COUNTY
staff.
3.After completing 11s review,
'� �i� `: -� ±rn.�•: '- shat submit the reviewed plans
along with N's comments to the ►• I •• 1 •' . .. : review and to assure consistency with
to BUILDING CODES(Plumbing, , :T • • and Electrical Code).Any inconsistencies
Mel be resolved pursuant to Section Ten of Mle Agreement
4.After the construction plans have been reviewed and approved by the COUNTY and FIRE CODE
OFFICIAL,the FIRE CODE OFFICIAL shall dspver one(1)Copy of am plans to the pardatlr FIRE
DISTRICT in which the construction Is to occur.The FIRE DISTRICT hereby agrees to critique,with
respect to the FIRE CODE the review of the plans by the FIRE CODE OFFICIAL
5.The FIRE DISTRICT shell.to the extent possible,within ten(10)working days after repaint of the
plans notify the FIRE CODE OFFICIAL of any objections or comments to FIRE DISTRICT may
have with regard to review and/or modifications of the plans.
SECTION SIX:Required Mnpeollona and Fem.
•
The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the
COUNTY agrees to pay the ADMINISTRATNE DISTRICT at the rate provided in Collier County Resolution
No.2001.313,and any amended or successor resolution,for the inspections.
(a) Fate stopping/Drell stopping
1.At time of Instatiatlon of penetrations through reed asambsss
3
Packet Page-1302-
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0839
(b) Temporary Stand Pips
1.After thkd floor
2.L.00atlon
3.Inspection at each floor
4.Fin department access
5.Operation
(c) Exit Lights
1.Location
L Type...
3.Operation
(d) Smoke Detector
1.Location
2.Type
3.Operation
(e) Meat Detectors
1.Location
2.Type
3.Operation
m 2.Doors
R Coin
1.Typo Rating
3.Self closures G0 ��.
4.Panic hardware
5.Locks
5.Operation
1.Type 0 Y
L Location
3.Operation
(h) Trash Chute G
1.Location
2.Rating N.5‘
3.Sprinklers In chute 1* CTRL
4.Sprinklers In trash room
5.Height at roof
(I) Emergency Generator motion
W Elevator Operation During A1.m
(k) PMe Department asses.
1.Fin late
2.Turning Radius
3.Obstructions
(I) Nods*of Compliance inspection
(m) Stand Pipes
1.Fke hose cabinets
(ea)Location
(bb)Fire hose
I.Location
IL Type
4
Packet Page-1303-
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0840
N.Length
Iv.Nozzle
2.Pressure Test
3,Location
4.Location of FDC
5.Roof Mangold
(u)Location
(bb)Pressure
5. Operation
(n) Fire Pump
1.Type
2.Size
3.Valves
4.Flow switches
5.Tamper switches
C.Location
7.OpeMion
(0) Flre Alarm
1.Speakers
E*, R C tion Goyti CUl�rl�
2.Pug Stations
(aa)Type
(bb)Location NO
3.Phone Jacb �r py t"-•
bbTLocation
(co)Operation P � 0
4.P.A.System
O �
O
.Taps/aim c Central nom E CIgN.)
7.Operation of alarm
(p) Mrs mMtgulshsr
1.Sine
2.Location
3.Type
4.8arvIce Tag
(4) My other fire inspections rewind to verity FIRE CODE compliance.
The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the
ADMINISTRATIVE DISTRICT at the rata provided in Collier County Resolution No.2001413,and any
amended or successor resolution,for the Nnpecdorts.
(a) Firs 8prInider System Installations
The following inspections shall be performed;
1.Pressure test
2.Pressure tact after 2 tours
5
Packet Page-1304-
4/22/2014 16.H.5.
OR: 3208 PG: 0841
3.Location of head
4.Type of heads
5.Fin department correction
6.Location of fire department connection
7.Georges
it.operation
9.Notice of compliance inspection
(b) Hood Spam InstaNalon or Spray Booth katalatlon
The following Inspections shall be conducted on kitchen hood systems or spray
booths with dry chemical,carbon dioxide or!talon systems:
1.Pipk g
2.Heads-location
3.Site
4.Type
5.Service tag
6.Fan
7.Height
a.Clearances
g,operation
10.Notice of compliance inspection.
(o) Flammable Liquids and Gee T ,�M : COUP
The following Inspections shat G4, ?r
1.Location
2.Anchoring
3.MPhil
4,Notice of compliance C O(d) Fin Hydrant
The loNowing . , be performed:
1.Thrust block impaction 0
2.Type �� G
3.Height from streamer port
4.Threads •
CIE CRC
5.Location
6.Access
7.Notice of compliance inspection
(I) L P.Gas installations
The following inspections shall be performers
1.Location
2.Anchoring
3.P(phg
4.Notice of compliance inspection
(1) NNnirmrm Fire inspection Fee.
The C UNTV !!L Meal pay the ADMINISTRATIVE DISTRICT In accordance with Colder County re-inspection
fee schedule found in Coed County Reeokrtion 2001-313,and any amended or successor resolution,for
every properly documented re-Inspection conducted by the FIRE DISTRICTS.
No CerVNoate of Occupancy that be issued until a dulerminetion is rendered by the BUILDING OFFICIAL,or
e
Packet Page-1305-
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0842
his I her design.,that the construction is in compliance with the Statewide BUILDING CODES(Plumbing,
Mechanical,Building and Electrical Code)as adopted b the County,and a Notes of Fire Compliances
Issued.
The COUNTY shall be responsible for the collection and disbursement of fees to the ADMINISTRATIVE
DISTRICT,Including building plan review,fire inspection lees and fire re-inspection teas,based upon
information provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement to the
ADMINISTRATIVE DISTRICT shall occur by the twsntiNN(20th)working day following the yet day of the
calendar month in which the less were collected.A copy of the COUNTY'S distribution listing by district shall
be provided along with the check and the calculation sheet of the amount being remitted.
SECTION SEVEN;Required Inspection for Existing Structures.
The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at •
no charge to the COUNTY.These inspections to be performed include,but are not ambled to,the following
types of Inspections:
(a) Fire Extinguishers
1.Type
2.Stns
3.Location
4.Height
5.Service Tag. Oyu � COLtA
(b) Means of Egress G
1.Fire Rating
iE °Doors
C) a � E-+xce
(c) Fire Sprinkler C� _
1.Verify existing Fire Sp have been'�' . -A 25.
(d) 1FIManPull Stations Location T G���
2.Smoke Detector Location. E C
3.Heat Detector Locations
SECTION'EIGHT:Position Funding.
The office of the FIRE CODE OFFICIAL shall be funded by the current finding opendion.The current
funding arrangement is specified in Colter County Resolution 2001.313 and any amended or successor
resolution.The fin plan review fees shall continue to be collected by the County and forwarded to the
ADMINISTRATIVE DISTRICT in the appropriate amount.The ADMINISTRATIVE DISTRICT shall utilize
these funds to support the budget for the FIRE CODE OFFICIAL'S Office.
SECTION ISM Oamral.
1.The FIRE CODE OFFICIAL.shall represent as independent and dependent FIRE DISTRICTS in
Collier County,which are parties to this Agreement.
2.The COUNTY shall provide rental office specs within the Community Development and
Environmental Services building for the office of the FIRE CODE OFFICIAL to conduct his duties.
Said rental space shall be provided in accordance with the Lease Agreement dated
entered into between the County end the East Naples Fire Control and,Rescue
District,which Lease Is attached hereto as Exhibit•A.'Said Lease Agreement addresses the amount
of rut to be paid to Calker County for the FILE CODE OFFICIAL'S Office and also addresses issues
7
Packet Page-1306-
4/22/2014 16.H.5.
11B
'-' OR: 3208 PG: 0843
such as access to the COUNTY'S computer system,office equipment and telephone system to the
FIRE CODE OFFICIAL'S OFFICE.
3.The FIRE CODE OFFICIAL'S office shall be open during the normal business hours of other
offices in the Development Services building.
4.The FIRE DISTRICTS shall provide FIRE SAFETY INSPECTORS,in accordance with Chapter
533,Florida Statutes,to perform the required fire inspections listed in Section Six of this Agreement
The FIRE DISTRICTS need not provide certified FIRE SAFETY INSPECTORS to perform
Inspections of existing structures pursuant to Section Seven of this Agreement,however.these
inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS.
5.The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to
conduct plan review and impactions for new construction.
8.The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing building&and
when violations are found the FIRE DISTRICTS,or anyone of them,shall pursue enforcement
through the Collier County Code Enforcement Board,State Attorney,or other agencies as
slowed by taw.The FIRE DISTRICTS,or anyone of them,shat in coordination with County staff
prepare and present the case to these agencies,perform all follow-up investigations and provide
any necessary doarmendton for future action by the FIRE DISTRICTS,or anyone of them,with
the agency involved,
7.The COUNTY shall adopt the F,4.4.„..;,, :-:‘: •a
, .�;�•, Statutes and shall review
amendments thereto rogues • A E DISTRI
5.The FIRE CODE OFFICI • office staff shall • • • • - of the ADMINISTRATIVE
DISTRICT and subject to * a of . A r INISTRATIVE DISTRICT and
policies and procedures °' *• NTY intended to stand in
an smploye•employee �;,.. r�.`�.� �.�i�r F IAL or ASSISTANT FIRE
CODE OFFICIAL.
N
SECTION TEN:Conflicts and • L
1. In the event of a oonflct • -% c CODE and the applicable
minimum FIRE CODE,N shall •• "•' En,` the BUILDING OFFICIAL end the
FIRE CODE OFFICIAL In tavor • , ..j.. `- 1� which offers the greatest degree of
` ,
Ile safety or alternatives which would • T•7-1-,:r.7' degree of life safety and an equivalent
method of construction.
2. In the event that the BUILDING OFFICIAL and FIRE CODE OFFICIAL are unable to agree on a
resolution of the conflict between the applicable minimum BUILDING CODE and the applicable
minimum FIRE CODE,the BUILDING OFFICIAL shall render•temporary decision to resolve the
conflict.
3, An applicant fora building permit may appeal any decision made by the FIRE CODE OFFICIAL and
the BUILDING OFFICIAL or any temporary decision made byte BUILDING OFFICIAL to the
BOARD in accordance with the procedures stated in Division 5.4 of the Collier County Land
Development Code.Should construction continue during the appeal of a decision or temporary
decision,It shall be at the risk of the contractor or permit holder.
4. Al decisions of the FIRE CODE OFFICIAL andror the BUILDING OFFICIAL and all decisions of the
Board shall be In writing.Decisions of general application shall be indexed by Building and FIRE
CODE sections and shall be available for Inspection at the COUNTY'S Development Services
building during normal business hours.
5. In the event a conflict of code or Interpretation develops between the FIRE CODE OFFICIAL and a
representative of one of the FIRE DISTRICTS,the conflict shell be resolved by a committee of
members to be known as the Fire Board of Adjustments and Appeals.The persons on this
a
Packet Page-1307-
,
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0844 ■.
' committee shall be the Fin Marshals or Fire Official of each participating Fire District.The Board
shall operate in accordance with the procedures attached as Exhibit•e•Each committee member
shall have one(1)vote end any decision shall be rendered by majority vote.All decisions of this
committee shall be in writing and mailed to each Fire District,ele FIRE CODE OFFICIAL and the
BUILDING OFFICIAL.The disagreeing parties shall not have a vote on the issues in question.
8. Major field modifications shall be directed through the FIRE CODE OFFICIAL'S Office by way of a
revision process.
SECTION ELEVEN:Notices.
Any notice made pursuant to this Agreement by the COUNTY to the ADMINISTRATIVE DISTRICT shall be
In writing and delivered by hand or by the United States Postal Service,certified mail,return receipt
requested,postage prepaid,addressed to the following:East Naples Fire Control and Rescue District,4798
Davis Blvd.,Naples,Florida 34104.AN invoices and payments shah be sent to the East Naples Fie Control
and Rescue District.Any notice required or made pursuant to this Agreement by the ADMINISTRATIVE
DISTRICT to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service
certified mall,return receipt requested,postage prepaid,addressed to the following:County Administrator,
Collier County Government Center,3301 Taming Trail East,Naples Florida 34112,with a copy to
Administrator,Community Development &Environmental Services Division,2800 North Horseshoe Drive,
Naples,Florida 34104.
Any notice required to be provided to any FIRE to '6 .'=- • be milled to IM Chief of the Fire District at
the fire station in which his office is • 0�. ,R COU _
SECTION TWELVE:Term and T i .
The Agreement shall remain in «• • the ADMINISTRATIVE
DISTRICT.The COUNTY or IM t#abffila* ell with or wAhout
forty-five(45)ddayyss from receipt l \ i rmhation shall be effective
•
If an independent or dependent F , ' that is a party to ,,, .wishes to withdraw from this
Agreement,It shall provide written v of its withdrawal to .--v , the COUNTY shall have forty
five(45)days to give notice of te the ADMINISTRATI• • •ICT if the COUNTY wishes to
terminate this Agreement.If no such ' -, notice is • • ' COUNTY,this Agreement shall be
deemed modified to exclude the wlthdra .,
* C
SECTION THIRTEEN:Entire Agreement and .•C of Mss Agreement. .
This Agreement contain the complete and entire undemanding of the parties.Other than as stated in
Section Twelve,this Agreement may only be amended by a written instrument duly executed by the parties
with the same formalities as the original.
SECTION FOURTEEN:Termination of Prior hrbriooel Agreements.
Upon the effective'date of this Agreement,all prior interlocal agreements between the COUNTY and the
FIRE DISTRICTS on the same subject shall be terminated.
SECTION FIFTEEN;Recording.
In accordance with g 183.01(11),Florida Statutes,this Agreement shall be recorded by the Clerk of the
Circuit Court in the official records of Collier County,Florida.
SECTION SIXTEEN:Effective Date.
This filing in the Official Records Cow County,Florida. the COUNTY and ties FIRE DISTRICTS and Its
9
," ■
Packet Page-1308-
4/22/2014 16.H.5.
118
_ . .
,..-. OR: 3208 PG: 0845
•IN WITNESS WHEREOF,this Ag ssm.nt was signed,sealed and wNnessed on the os.p.otiws dabs sat
forth Wow.
: �•NU I1,, BOARD OF COUNTY COMMISSIONER
ATTEST' ,.••••••., o,,:',,� COWER COINJTY,FL∎ -IDA
Dwigm#J ,Clifk << .
; . t, _ 47 {.. C..... BY Aga \:4dia►
At ta t 7 ..> -,1 .r'i Si -alb-03
..••• `. Dais;
iii%MI sa n4 . -
NORM NAPLES FIRE CONTROL and
,,' -' RESCU •
iA ' l/‘
s.t/.,�•R :tr
• G ov y■l", / • .___
GOLDEN L - -RE CONTROL and
t•-■ I # -11911 Yilo Till
Witness n t/ O ' :71"7 fill c M*Ro�t/ se.
rk. vet,� -:r-4,47
, . .ki / pp C .� : R IdSLAND FIRE CONTROL
/ iriifrAl /
, e.r 1' an
//ARfd3
Goo rf C' tc.�i
a e.._
;%�� 6-co
! 6.* - • DISTRICT
Witness—4n
/ i
/lL Yi/a 41 By: 44_ V,.
yiNhas �-
• fAlliM3
10
Packet Page-1309-
4/22/2014 16.H.5.
11B
OR: 3208 PG: 0846 ,,-..
I.1t%-03 EAST NAPLES ARE CONTROL and
RESCUE DISTRICT
("4/.4 0_.W A:ci .•)
Mow el- Choke.' ter
Data:
ATTEST• %% BOARD OF COUNTY COMMISSIONERS
^\gyp, •Nt44*�`hi COWER COUNTY,FLORIDA AS THE
• _ . 4ii GOVERNING BOARD OF THE OCF'FOPEE FIRE
•,4•, DISTRICT
• C
�'''11 �'��- otitis ,oQ _ 8-03
.#7*.I.::!t44.9 1111 *74- In;ei• -IDI►ASTHE
i n CO !, j OF THE ISLES OF CAPRI
•'�i 1 "4 •'.%i 4i '�''` vii- AND FIRE SERVICES
Z'r
,: Date:• /-02$'0 3
APPROVED AS TO FROM
AND LEGAL SUFFICIENCY:
Assistant
Fio6a�t zat . .I__:2
�/ N.
County Attorney
n:aNZNpweemps ooneaa
11
Packet Page-1310-
4/22/2014 16.H.5.
1 1 B
EXHIBIT B 16K8
INTERLOCAL AGREEMENT
This Interlocal Agreement('Agreement')is made and entered into by and between the EAST NAPLES FIRE
CONTROL AND RESCUE DISTRICT,a political subdivision of the State of Florida,hereinafter referred to as
the"EAST NAPLES FIRE DISTRICT'and the Board of County Commissioners of Collar County,
Florida as the Governing Body of the Ochops.Firs District,hereinafter referred to as the'Distrbt'.
WHEREAS,the Florida Interlocal Cooperation Act of 1969,§163.01,Florida Statutes,authorizes the joint
exercise of any power,privilege or authority which the public agencies involved herein might exercise
separately and;
WHEREAS.the EAST NAPLES FIRE DISTRICT and the District are pubic agencies within the meaning of
the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might
exercise separately for the purpose of providing fire prevention within Collier County,and
WHEREAS,the North Naples Fire Control and Rescue District,Golden Gate Fire Control and Rescue
District,Big Corkscrew island Fire Control and Rescue District,lmmolralse Fire Control and Rescue District,
East Naples Fire Control and Rescue District,Ochopee Fire Control District,and Isle of Capri Fire Control
District,have entered into an Interlocal Agreement with Collier County,dated:1-28-03 for the purpose of
delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and
fire inspections for new construction,construction projects,and existing structures;and
WHEREAS,said interim!Agreement between Collier County and the Fire Districts requires that separate
agreements between each Fire District and the East Naples Fire Control end Rescue District be executed for
the purpose of Implementing the duties and obligation of the Fire Districts pursuant to that agreement and;
NOW,THEREFORE,in consideration of the foregoing recitals and the mutual promises,covenants and
duties hereinafter set forth,the EAST NAPLES FIRE DISTRICT and the District formally covenant,agree,
and bind themselves as follows:
SECTION ONE:Purpose.
The purpose of this Agreement is to provide for an expeditious,high-quality fire permit plan review and fire
Inspection process for new construction and construction projects by delineating the responsibatiee of the
EAST NAPLES FIRE DISTRICT and the District In order to enhance service to the citizens of Collier
County.A further purpose of this Agreement Is to implement the duties and obligations of the EAST NAPLES
FIRE DISTRICT and the District,which are required by the Interlocal Agreement,dated 1-28-03 between
Collier County and the Fire Districts.
SECTION TWO:Definitions.
The following terms as used in this Agreement shall be defined as follows:
ASSISTANT FIRE CODE OFFICIAL-An individual who is employed the administrative DISTRICT and who
serves in the absence of the Fire Code Official pursuant to this agreement
AUTHORITY HAVING JURISDICTION-The Fire Chief or his/her designee(Fire Marshal,or Fire Inspector,
or Fire Code Official)responsible for,and having final authority In his/her respective jurisdiction,in both new
and existing construction(§FS 633.121).
FIRE DISTRICTS-The individual Fire and Rescue Districts operating within Collier County,including North
Naples,Golden Gate,Big Corkscrew island,Immokalee,East Naples,Ochoppee,and Isle of Capri.
FIRE CODE-The Collier County Fire Prevention Ordinance,the State Minimum Fire Safety Standards and
the State Fire Marshal's Uniform Fire Standard,and arty successor or amendment to the Fire Prevention
Ordinance or either set of Fire Standards during the life of this agreement.
1
•
Packet Page-1311-
4/22/2014 16.H.5.
11B
i6k8
•
FIRE SAFETY INSPECTOR-The individual appointed to carry out the function identified by and referenced
in Chapter 553,Florida Statutes,Building Construction Standards,and Chapter 633,Florida Statutes,Fire
Prevention and Control.Such individual must be certified by the Division of State Fire Marshal pursuant to§
633.05,Florida Statutes.The tern as used in this Agreement may refer to the Fire Code Official,the
Assistant Fire Code Official,Are Marshal,or Fire Inspector employed by one of the Fire Districts.
FIRE CODE OFFICIAL-The individual appointed by the Fin)Districts and employed by the EAST NAPLES
FIRE DISTRICT who is responsible tor•.
1. The accurate and timely review of building permit applications,plans and specifications for
compliance with the applicable Fire Code and;
2 The performance of statutory functions of the Fire Marshal and Fin Code Official for fire
plan review.
3. Providing Collier County with assistance in updating the Fie Codes and related
ordinances.
4. Manage and over-see all employees and records of the Fie Code Officials office on a daily
basis including time sheets and expenditures.
5. Provide training as needed to office staff and fire district persomel.
6. Present a preliminary budget to the fire chief of each district,and a final annual budget to the
Fire Chief of the adrNrtistrath a district or his/her designee.
T. Participate as a member of the Collier County Fire Marshals Association.
FIRE SERVICE STEERING COMMITTEE—A Florida corporation created 126 day of March 1991
NEW CONSTRUCTION OR CONSTRUCTION•Thew terms include any construction,erection,alteration,
repair,or demolition of a building.
SECTION THREE:Delegation of Powers.
The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and •• •
duties on behalf of the District concerning nig the Fire Code Official's office:
1. To employ personnel upon review and approval of the Fire Service Steering Committee;
2. To lease offbe space;
3. To receive payments from Collier County;
4. To disburse funds; •
5 To otherwise operate and represent the District with respect to review of building permit plans
for compliance with the Are Code;and
6 In conjunction with the Fire Service Steering Committee,establish and maintain a benefit
Package
and to implement policies and procedures for the purpose of the operations and administration of
the Fire Code Official's Office.
SECTION FOUR:Inspections.
The District shall be responsible for performing inspections and any necessary of new
construction and construction projects for which bung permits have been issued.The District shad
employ fire safety inspectors to perform all inspections on permitted construction projects.The fees for these
inspections and re-Inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE
CONTROL and RESCUE DISTRICT,which shall distribute them in accordance with Section 5(A)of this
Agreement.It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire
Districts dated 1-28-03.Fire Districts receive no payment from Collier County for their inspections of existing
buildings within their districts.
SECTION FIVE:Distribution of Funds.
A.Inspections.
• The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire
inspection fees collected on behalf of the District,The EAST NAPLES FIRE DISTRICT shall determine what
portion of the fire inspection lees received from Collier County Building Review and Permitting Department
• 2
■••••
Packet Page-1312-
4/22/2014 16.H.5.
16K8
11 .8
were paid for firs Inspections in the District A copy of the County's distribution listing by District shall be
provided along with the check and the calculation sheet of the amount being remitted.The EAST NAPLES
FIRE DISTRICT which shall distribute that determined portion including any interest to the District.less 1%
of the total fees to cover administrative costs.The EAST NAPLES FIRE DISTRICT shall send the fee checks
in the appropriate amount to the District within fifteen(15)days of receipt of the fen from the Collier County
Building Review and Permitting Department
B.Fin Code Official's Office.
The funding mechanism for the Fire Code Officials Office is described In the Intertoc al Agreement
between Collier County and the Fire Districts,dated 1.28.03.Funds received by the EAST NAPLES FIRE
DISTRICT from Collier County for the performance of the duties of the Fin Code Officials office shall first be
allocated to the budget of the Fire Core Official's office. The EAST NAPLES FIRE DISTRICT shall create a
Fire Code Officials contingency account,in which it shall deposit the funds received from Collier County for
the performance of the Fire Code Official's duties which are In excess of those needed to fund the Fire Code
Official's Office current year's budget. This contingency fund shell be allowed to accumulate in an interest
bearing account to an amount equaling twice the current years adopted budget for the Fin Code Official.
Within ninety(90)days of the contingency fund reaching the level of twice the current year's adopted budget
for the Fire Code Official,the Are Service Steering Comities shall evaluate and recommend that,If
necessary,the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level.
C.Fixed Asset
Al?fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the
most current inventory shall be provided to the District on an annual basis.Ownership of all fixed assets shall
remain the property of the Fire Code Official's Office.
O.Financial Reporting
On a quarterly basis,the East Naples Fire District shall provide the District a quarterly financial status report
for the Fire Code Officials Office and on an annual basis s copy of the audit report for the office.
SECTION SIX:Fire Code Official's Budget
A.Budget
Not later than May I of each year,the Are Code Official shall submit a preliminary budget for the following
fiscal year,to begin on October 1,and end on September 30,to each Fire district The Fee Service Steering
Committee and each Fire District shall review this budget and provide its comments and recommendations
on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year In which the budget is
submitted.The EAST NAPLES FIRE DISTRICT shall consider the comments and recornmendaticss of each
Fire District during its consideration of the Fire Code Official's budget.The EAST NAPLES FIRE DISTRICT
shall be responsible for adopting the final yearly budget for the Fire Code Official.
B.Benefit Package
The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee,establish a benefit
package for the employees of the Fire Code Official's Office.This package shall be approved by the steering
comminee,and will be considered portable when possible when any change in the administrating district
occurs.Fuming shall be from revenue included in a line item on an annual basis in the Fire Code Official's
office budget
SECTION SEVEN:Fire Cods Official Selection.
Fire Code Official's Selection Committee.
The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of
the Fire Code Official.The committee shall consist of one(1)representative from each Fire District each of
whom shall have one(1)vote on the committee.Each district shall independently determine Its method for
selecting Its representative.The Committee shall crests a job description for the Fire Code Official and
publicize that job description and the required qualifications for the Firs Code Official,review all applications
received for the position,conduct all testing of applicants and interview applicants.The committee shall
recommend one(1)candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE
DISTRICT by a vote of a majority of the members of the committee.The chief of the EAST NAPLES FIRE
3
Packet Page-1313-
4/22/2014 16.H.5.
, •
11B
•
16K8 •
DISTRICT shalt consider the of the committee.The Chief of Its East Naples Fire District
may veto the choice of a candidate from the committee,but may not appoint a candidate without the
approval of the committee.
SECTION EIGHT:Employment,Performance Evaluations,and Disciplinary Action for the Fire Code
Olflald's Office Employees
A.Employment.
The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE
DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures
developed for this office.
B.Performance Evaluation.
A performance evaluation of the Fire Code Official shell be conducted not less than annually.The evaluation
shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT,and the
evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form.Al Fire
Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may
submit one(1)evaluation to the EAST NAPLES FIRE DISTRICT.The evaluations of the Fire Code Official
and related concerns of all Fire Districts shall be taken Into consideration by the EAST NAPLES FIRE
DISTRICT during Its evaluation of the Firs Code Official.The Fire Service Steering Committee may from time
to time make recommendations to the administrative district regarding the Fire Code Official's office.
C.Disciplinary Action.
EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code
Official and staff.All disciplinary action shall be carried out in accordance with the policies of the EAST
NAPLES FIRE DISTRICT.All commendations and complaints shall be directed to the Chief of the EAST
NAPLES FIRE DISTRICT,with a copy to all participating districts.The EAST NAPLES FIRE DISTRICT shall
in conjunction with the steering commit tee,establish policies,rules and regulations within one(1)year of
executing this document for the employees of the Fire Code Ofecat's Office.This package shall be approved
by the Steering Committee,and wll be considered portable when possible when any change in the
administrating district occurs.
SECTION NINE:Termination or Amendment.
This agreement shall remain in effect until terminated by either party.Either party may terminate this
agreement with or without cause by providing written notice to the other party and to Collier County.Such
termination shall be effective forty-five(45)days after receipt of said written notice.This agreement may be
amended from time to time upon the agreement of both parties.Any amendment must be in writing and must
be executed with the same formalities as the original.
SECTION TEN:Notices.
Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and
delivered by hand or by the United States Postal Service,certilted mail,return receipt requested,postage
prepaid,addressed to The following:East Naples Fire Control and Rescue District 4756 Davis Blvd,Naples,
Florida 34104.All invoices shat be sent to the East Naples Fire Control and Rescue District.
Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by
hand or by the United States Postal Service,certified mall.return receipt requested,postage paid,addressed
to the following: Board of County Commissioners of Collier County,Florida as the Governing Body of the
Ochopee Fire District, Naples,Florida(zip).
Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by
hand or by the United States Postal Service,oedllied mall,return receipt requested,postage prepaid,
addressed to the following:County Manager,Building F,Collier County Government Center,
3301 E.Tamiarnl Trail,Naples,Florida,34112.
4
Packet Page-1314-
4/22/2014 16.H.5.
1113
1K8 •
SECTION ELEVEN:Entire Agreement
This Agreement contains the complete and entire understanding of the pertle.
SECTION TWELVE:Recording.
In accordance with§163.01 (11),Florida Statutes,this Agreement shall be recorded by the Clerk of the
Circuit Court In the Official's records of Collier County,Florida.
SECTION THIRTEEN:Effective Date.
This Agreement shall become effective upon Its execution by the EAST NAPLES FIRE CONTROL and
RESCUE DISTRICT and the District and it's fling with the Clerk of Circuit Court.
IN WITNESS WHEREOF,this Agreement was signed,sealed,and witnessed on the respective dates set
forth below.
Witness: EAST NAPLES ARE CONTROL and
RESCUE DI
Witness:
, rmen
Printed Name: Thames G.Cannon
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNT,', FLORIDA AS THE
GOVERNING BODY OF THE OCHOPEE
: G, ra ^.. FIRE DISTRICT
T Henning,Chairman
Attest ti • triiert•: b.114.03
stands,{ 'ally;
•
Approved as to form and
legal sufficiency:
Rob‘r
Assistant County Attorney
5
Packet Page -1315-
,
4/22/2014 16.H.5.
EXHIBIT C
118
MEMORANDUM OF UNDERSTANDING
PLAN REVIEW AND INSPECTION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is made and entered into this } of. 2014, by and between North Naples
Fire Control and Rescue District (hereinafter referred as "NNFD") and Collier County,
Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"),
collectively referred to as the"Parties."
RECITALS:
WHEREAS, the NNFD, Golden Gate Fire Control and Rescue District, Big Corkscrew
Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire
Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control
District(collectively referred to as the Fire Districts),have entered into an Interlocal Agreement
with Collier County dated January 28, 2003, for the purpose of delineating the responsibilities of
Collier County and the Fire Districts with respect to plan reviews and fire inspections for new
construction,construction projects,and existing structures,a copy of which is attached as Exhibit
A;and
WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between
the East Naples Fire Control and Rescue District and Collier County, as the governing body of
the Ochopee Fire District and for the purpose of providing an expeditious, high-quality plan
review and fire inspection process for new construction and construction projects, a copy of /'■
which is attached as Exhibit B, the Interlocal Agreements attached as Exhibits"A"and "B" are
collectively referred to as the"Interlocal Agreements";and
WHEREAS, pursuant to the Interlocal Agreements, the East Naples Fire Control and
Rescue District has acted as the Administrative District by reviewing all building permit plans
filed with Collier County for compliance with the Fire Code;and
WHEREAS, the Parties recognize that for the past ten (10) years East Naples Fire
Control and Rescue District has done a valuable public service while acting in the role as the
Administrative District;and
WHEREAS,NNFD has determined that it is appropriate to resume reviewing all building
permit plans located in NNFD and to terminate the East Naples Fire Control and Rescue District
as the Administrative District for such reviews;and
WHEREAS, the Parties recognize that before NNFD can resume reviewing all building
permit plans located in NNFD, the Interlocal Agreements will need to be amended to terminate
the authority previously granted by NNFD to the East Naples Fire Control and Rescue District;
and
WHEREAS, the Parties agree that in order to ensure that there are no impacts to the
community, an orderly transition between East Naples Fire Control and Rescue District and
NNFD is needed;and
/•—■
Packet Page-1316-
4/22/2014 16.H.5.
11B
WHEREAS, the Parties agree that due to the amount of time it may take to amend the
Interlocal Agreements and the subsequent transition period, it is appropriate to enter into this
MOU to describe the general concepts of a future interlocal agreement between the NNFD and
County that provides for the NNFD resuming its review of all building permit plans located
within its boundaries, thus allowing the Parties to proceed with the implementation of such
resumption of duties by NNFD in a manner that is transparent to the Fire Districts and the public
that they serve.
WITNESSETH:
NOW,THEREFORE,the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The County will work with representatives of NNFD to allocate space within the
Growth Management Division Planning and Regulation building suitable to accommodate a
plans review team from NNFD. A lease shall be executed at the appropriate time that provides
for the leasing of such space,parking spaces and general lobby reception services at a reasonable
cost at the appropriate time.
3. An interlocal agreement between NNFD and the County shall include, at a
minimum,terms generally providing for the following:
a. NNFD will use the same equipment and resources as County employees within
the County's Building Code Office, including but not limited to phones, computers, computer
software, and other physical systems, which will be provided by the County. NNFD and the
County will collaborate on all future system upgrades, software purchases, and any
improvements that affect the delivery of service to our mutual customers.
b. County will charge NNFD a reasonable cost for equipment, licenses, upgrades
and maintenance of the systems used by both parties within the building and portable electronic
devices. "Reasonable cost"will be defined in the interlocal agreement. The purchase,operation,
and maintenance of vehicles used by either party will not be included.
c. County will provide administrative services including but not limited to phone
system management, plan distribution, fee collection, and fee distribution services for a minimal
fee.
d. Each Party shall set its own inspection fees. The County will provide NNFD
monthly fee collection reports and NNFD will review and approve fee collections monthly. The
County will make adjustments upon written approval from NNFD following verification by the
County. Distribution of fees to NNFD shall occur on a monthly basis.
4. County and NNFD will work with and fully communicate their intentions with the
Fire Districts and customers so that the transition can be efficient and orderly.
2
Packet Page-1317-
4/22/2014 16.H.5.
11B
,-..
5. County and NNFD will cooperatively review existing plan review and inspection
functions and work collaboratively to eliminate non-essential,redundant,and duplicative reviews
and inspections.
6. County and NNFD will develop the new system based on the outline and tentative
timetable as shown on attached Exhibit C.
7. This MOU may be terminated by either Party upon written notice to the other.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by
their appropriate officials,as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLO• Is A
By: qug. N, to B B . .
A' i7.'.7',1,'''''' ..il*puty Clerk TOM HENNING,
..; ;. * Chairm'e
n
North Naples Fire •ntrol and Rescue District
.
/ 1 /
41 4 ! _,i�,ia- By: iii F Printed fie•e: _Tq,n ps L u2/tE
Title: (fAIahiAA]
eltJ
Witnes
App .,'. • • 1 and legality:
Jeffre ' Klatzkow
Coun. . orney Item
D,teda 134Z-14
ittcld a•aHLi
u
�\
3
Packet Page-1318-