Agenda 09/27/2011 Item #10I
9/2712011ttem 10.1.
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E~CU'fIVE S~Y
To provWe to the Board of County Conunissioners information regarding the requirement to
obtain. a buildmg permit when replacing a water heater, as specified within the 2.007 Florida
Building Code and Collier County Ordinance 2.~S9, as directed, in foBow-upto the September
13,2.011 Public Petitionltem6A. (
OBJECTIVE: To provide to the Board of County Commissioners (Board) infonnation
regarding the requirelllent pursuant to 2007 Florida Building Code and Collier County Ordinance
2009-59 for contractors to obtain a building permit when replacing an electric water heater
within a residential dwelling unit that is located within an attached and/or multi-unit struQture.
CON~ERATlONS: On April 14, 2009, under Agenda Item 15, Staff and Commissioner
General Communi~ons, the aoard raised the issue regarding tIre recent ruling. to require a
building permit when replacing a water. heater. After discussing the. issue, the Board. concurred
with the staff recommendation to seek a ruling or declaratory statement frpm the Florida
Building Commission regarding the intent, interpretation and application ofthe Florida Building
Code regarding the requirement for plumbing contractors to obtain a permit when rep~ing a
water heater.
The 2007 Florida Building Code (First Printing) 'with the 2009 supplements. went into effect on
March 1,2009. Based on an interpretation.ofthe newrcode where permitting requirements were
r"\ defined, the County's Building Official opined that it was his interpretarlonthat the new code
mandated that a permit was required when replacing a water heater. .
As stated within the 2007 State of Florida Building Code, a permit is required when the owner or
authorized .agent intends to construct, enlarge, alter, repair, move, demolish, or change
occupancy of a building or strUcture, or to erect, install, enlarge, alter, repair, remove, convert; or
replace any electrical,. gas, mechanical, or plumbing system, the installation of which is regulated
by the Florida Building Code, or to cause any such work to be done.
The. implied requirement for obtaining a permit to install or replace water heaters has been in the
Florida Building Code since the 2004, but due, to a lack of clarity and specificity, the requirement
was not enforced in. Collier County. Every three years the building code is updated and special
attention is focused on clarifying any confusion in the interpretation and application of the code.
Effective on the date of adoption by the State of Florida, the County's Building Plan Review and
Inspection dep1l11ment began to enforce the requirement that all water heater replacement
installations shall be ~itted and have a final inspection obtained.
As a result of these changes and newpennitting requirements, the Board directed that the County
first obtain an informal interpretation from the Building . Officials Association of Florida
(BOAF); second, an opinion from the local Board of Adjustment and Appeals (BOAA); third,
the Florida Building Commission, Code Administration Technical Advisory Committee (TAC);
and forth, an official ruling or declaratory statement from the Florida Building Commission.
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9/27/2011 Item 10.1.
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. Board of Adjustment and Appeals (BOAA)
As defined in Section 2-1] 8] of the Code of Laws and Ordinances, the Collier County
BOAA is five-member panel appointed by the Board of County Commissioners which
serves as a decision-making body through which an owner of a building or structure, or
his duly authorized agency, may appeal the rejections or refusal of the building official to
approve the mode or manner of construction proposed to be followed, or materials to be
used, in the erection or alteration of that building or structure, or when it is claimed that
the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in
Chapter One, do not apply, or that an equally good or more desirable form of
construction can be employed in a specific case, or when it is claimed that the true intent
and meaning of such codes, or any of the regulations there under, have been misconstrued
or wrongly interpreted by the Building Official.
The BOAA met in an advertised public meeting on April 30, 2009 and by a vote of 4 to 1
moved to accept the permit requirement based on the information provided, that the
installation/replacement of hot water heaters requires the issuance of a permit by the
County. Public Advertisement and minutes of the BOAA meeting are attached
(Attachment "A").
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Building Officials Association of Florida (BOAF)
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The BOAF is a private professional organization which promotes the maximum safety to
life, health, and property, at minimum building cost, through education and training of
building officials, plans examiners and inspectors throughout Florida and which provides
professional assistance and technical guidance to legislative and other governmental
bodies in the promulgation and administration of building codes and related regulations.
The Building Officials Association of Florida, in accordance with an agreement with the
Department of Community Affairs, provides Non-Binding, Advisory Interpretations of
the Florida Building Code. This agreement was authorized by Section 16 Chapter 2002-
293, Laws of Florida, which provides: "It is the intent of the Legislature that the process
provide for the expeditious resolution of the issues presented and publication of the
resulting intelpretation on the Building Code lriformation System. Such intelpretations
are to be advisory only and nonbinding on the' parties or the commission." These
interpretations are the result of input provided by the BOAF Code Development
Committee, the Florida Department of Community Affairs (DCA), the International Code
Council (ICC) and subject-matter-experts in the construction industry/professions. The
interpretations are Non-Binding and do not affect the only legal interpretation, which is
that of the Building Official of the individual jurisdictions.
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Attachment "B" is the Informal Interpretation Report Number 6136 dated April 21, 2009
where the Code Development Committee ruled that, "Yes. It is the intent of Florida
Building Code - Building section] 05.] to require permits for the replacement of gas and
electric water heaters. No, water heater replacements are not exempt from permit
requirements. "
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9/27/2011 Item 10.1.
· Florida Building Commission, Technical Advisory Committee (TAC)
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The FBC was established by state statute in response to the numerous shortcomings
uncovered following Hurricane Andrew in the application and enforcement of building
codes throughout the state of Florida. In 1998 the Legislature adopted the concept of a
single building code for the state, the Florida Building Code, a code deemed to be the
sole document incorporating all building standards adopted by all enforcement agencies
and state agencies that license different types of facilities. That legislation mandated that
a state be developed and subsequently updated and maintained by a state commission
whose goal the law directs to be the consistency of standards throughout the state and full
accessibility to information on the standards. The law allows for differences in the
standards in different locales based on compelling differences in physical conditions.
However, it establishes procedures for administration of the Code at all levels that will
constrain unwarranted differences and ensure the availability of information on local
differences to all parties throughout the state and nation. The law established the Florida
Building Commission as the body which is responsible for the development of the Code
and the other elements of the system which support its implementation. The Commission
has 23 members representing Engineers, Architect, Contractors, Building Owners and
Insurers, State and Local Government and Persons with Disabilities. The Chainnan is
appointed by and serves at the pleasure of the Governor.
The T AC is the advisory committee to the full commission and as required the request for
clarification from the Collier County Building Official was forwarded to the T AC for
review on May 26, 2009. Attachment "C" provides the agenda and the committee report
from that meeting. After review the facts, the recommendation was as follows:
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Question:
Is it the intent of 2007 Florida Building Code sectiOn 105.1 and 105.2 to
allow any owner, contractor or authorized agent, to replace, relocate,
enlarge. change energy source of, or alter installation of a gas or electric
water heater lvithoutfilingfor an application for a permit?
Answer:
No. As per Section 105.1, a permit is requiredfor the level of work in
question.
· Florida Building Commission
The FBC hearing process is a 2-step process. The First Hearing was conducted on June
9,2009 in Tampa; the second hearing date was August 11,2009 in Melbourne.
First Hearing - Commission Review and Proposed Action - Recommendation by
Technical Advisory CommitteelProgram Oversight Committee or legal staff,
Commission questions, and public comment, i.e., petitioner's rationale/comments, general
public comment, and petitioner's response to posted public comment. The next segment
includes questions from the Commission members (through the Chair), with motion and
second on the petition for proposed action. Finally, a discussion by the Commission only,
followed by a Commission vote for proposed action to be considered at the Commission's
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9/27/2011 Item 10.1.
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next plenary meeting. The Chair may refer back to Technical Advisory
Committee/Program Oversight Committee for additional review and recommendations at
the next Commission meeting.
Second Hearing - Commission Action on Petition - Commission review of the previous
proposed action, additional public comment, motion and second on the petition,
discussion by Commission only, and final vote/action by the Commission on the motion.
Attachment "D" is the final order of the Commission. By a vote of 23 to 0 the
Commission concluded that, "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." The order was released on
August 11th and was signed by the chair on September 3,2009.
As a result of the Florida Building Commission ruling and issuance of a declaratory statement to
Collier County, the Building Official is obligated by State law to enforce the requirement to
obtain the proper building permit when replacing, relocating, enlarging, changing energy source
of, or altering the installation of a gas or electric water heater for all commercial and residential
properties.
Conversely, the Florida Building Code does provide allowance to local governments, at its own
discretion, to promulgate rules granting to the owner of a single-family residence one or more
exemptions from the Florida Building Code relating to:
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1. Addition, alteration or repair performed by the property owner upon his or her own
property, provided any additional or alteration shall not exceed 1.000 square feet or
the squarefootage of the primQ/Y structure, whichever is less.
2. Addition, alteration or repairs by a nonowner within a specific cost limitation set by
rule, provided the total cost shall not exceed $5, 000 within any 12-month period.
3. Building and inspection fees.
At the October 27, 2009 BCC meeting, under the Consent Agenda Item 16A8, Title:
Recommendation that the Board of County Commissioners approve the proposal by staff to
develop and advertise for Board consideration an ordinance adopting the Florida Building Code
2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes,
adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007
Florida Building Code relating to addition, alterations, or repairs performed by a property
owner on his or her property, and providing for repeal of Ordinance No. 2002-01 in its entirety,
the Board approved for advertising and final adoption an ordinance to exempt like kind, electric
water heaters from permitting requirements and to evaluate additional areas where the
requirements for a building permit could be waived.
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Based on. Board direction, staff developed a proposal which clarifies the already existing
exemptions that are in effect pursuant to Section 105.2 of the Florida Building Code, clarifying
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9/27/2011 Item 10.1.
County exemptions for Single Family Detached Residences. On November 10,2009, the Board ~
adopted staffs recommendation (Attachment "E"), establishing said permitting exemptions for
residential repairs based on Section 102.2.5(3), Florida Building Code and Section 553.80(3)(c),
Florida Statutes.
Collier County Growth Management Division, Planning and Regulation, permitting fees for the
like kind replacement of a residential grade water heater in a multi-family dwelling are $110.00
if purchased individually. Alternatively, should a licensed qualifier wish to purchase water heater
permits in bulk quantity, the qualifier may purchase a book of ten (10) coupons (permits) at
$75.00 per permit or $750.00, as identified within the adopted fee schedule. Purchasing in bulk
supply equates to an overall savings of$35.00 per permit ($350.00 total) or 32%.
FISCAL IMP ACT: The permit fee for a commercial contractor to replace an electric water
heater is $75 per permit when purchased in a book of ] 0 or "convenience permit" and $] ] 0 if
purchased individually.
STAFF ANALYSIS: The County Building Official has determined that due to potential danger
from improper installation, a final technical inspection should be performed by a licensed
technical County building inspector. Further, based on the information above, staff recommends
that the current requirements and permit fees remain in place until such time as the 2010 Florida
Building Code is published and can be reviewed to determine if the State of Florida has revised
the regulations pertaining to this matter. Currently, the County has no authority to grant an
exemption in this area. The 2010 Florida Building Code is estimated to be adopted and available
by March, 2012. Staff will report their findings the Developer Services Advisor Committee ~
(DSAC) and the Board after the review is completed. Reducing or eliminating the pennit fees
would require an offset by another funding source in order to ensure that the cost of these
services is not absorbed by the payers of other types of building-related permits and services.
Staff has been in contact with the leadership of the Collier Building Industry Association (CBIA)
and has vetted the concerns of the petitioner as well as the attached findings.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient for Board action, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners reviews the conclusions of
the advisory committees, final Order of the Florida Building Commission, and the County
Building Official, as well as the health, safety and welfare issues related to this issue, and directs
that the current requirements and permit fees remain in place until such time as the 2010 Florida
Building Code is published and can be reviewed to determine if the State of Florida has revised
the regulations pertaining to this marter.
Prepared Bv: James C. French, Director, Operations and Regulatory Management Department,
Growth Management Division.
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9/27/2011 Item 10.1.
~ Attachments: 1.) Public Advertisement and minutes of the April 30, 2009 BOAA meeting, 2.)
Building Official Association of Florida Informal Interpretation Report Number 6136 dated
April 21, 2009, 3.) Florida Building Commission, Technical Advisory Committee agenda and the
committee report from May 26, 2009, 4.) Florida Building Commission final order that was
signed on September 3, 2009, and 5.) Collier County Ordinance 2009-59, clarifying County
exemptions for Single Family Detached Residences.
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9/27/2011 Item 10.1.
COLLIER COUNTY
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Board of County Commissioners
Item Number: 10.1.
Item Summary: To provide to the Board of County Commissioners information regarding
the requirement to obtain a building permit when replacing a water heater, as specified within
the 2007 Florida Building Code and Collier County Ordinance 2009-59, as directed, in follow-up
to the September 13, 2011 Public Petition Item GA. (James C. French, Director, Operations and
Regulatory Management Department, Growth Management Division)
Meeting Date:
9/27/2011
Prepared By
Name: PuigJudy
Title: Operations Analyst, CDES
9/19/2011 2:03:11 PM
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Submitted by
Title: Manager - CDES Operations, Operations & Regulatory Management
Name: FrenchJames
9/19/20112:03:13 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 9/19/2011 2:44:50 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/19/2011 2:49:43 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/19/2011 3:14:13 PM
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9/27/2011 Item 10.1.
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 3:48:15 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/20/2011 10:16:15 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/20/2011 10:34:55 AM
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9/27/2011 Item 10.1.
ArllAL.l1lVlJi,l~T "An
Collier County Government
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'Communication &
Customer Relations Department
,1&301 East Tamiami Trail
'Naples, FL 34112
Contact: (239) 252-8848
www.collieraov.net
iA-.pril14,2008
NOTICE OF PUBLIC MEETING
Notice is hereby given that the Board of Adjustments & Appeals (BOAA) will hold a public
;meeting on Thursday, April 30, 2009 at 1:00 pm in the CDES Building, Meeting Rooms 609/610,2800
N. Horseshoe Drive, Naples, Florida. The board/committee's agenda will include:
A. This meeting will be held to determine if it is the intent of the 2007 Florida Building Code
(FBC) section 105.1 and 105.2, to allow any owner, contractor or authorized agent, to replace,
relocate, e,nlarge, change energy source of, or alter installation of a gas or electric water heater ~
without filing for an application for a pcrmit. The Collier County Building Official
interpretation is that all water heatcr installation or replacement will he permitted and
inspected in accordance with the 2007 FBC.
In Regard to the Public Meeting:
interested parties are invited to attend, and to register to speak and to
any, in writing, to the board/committee prior to the meeting if applicable
their obj
II
Collier County Ordinance No. 03-53, as anlended, requires that all lobbyists shall, before engaging in
any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an
advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and
Records Department.
If you are a person with a disability who needs any accommodation in order to participate in this
'proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
lteollier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida,
~4112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the County
'Commissioners' Office.
For more information contact: Paula Brethauer at 252-2401.
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9/27/2011 Item 10.1.
April 30, 2009
MINUTES OF THE lv1EETING OF THE COLLIER COUNTY
BOARD OF ADJUST~1ENT AND APPEALS
Naples, Florida, April 30,2009
LET IT BE RElvlE:MBERED, that the Collier County Board of Adjustment
and Appeals in and for the County .of Collier, having conducted business
herein, met on this date at 1 :00 P.M. in REGULAR SESSION at the Collier
County Community Development Services Conference Room #609/610,
2800 N. Horseshoe Drive, Naples, Florida, with the fonowing members
present:
CHAJ.R.1\4...~N : Ken Rech
Aaron Hokanson
Bill Silvester
ALSO PRBSE:t-..TT: Bob Dunn, Building Director
Ed Riley, Fire Code Official
Jeff Wright, Assistant County Atty.
Paula Brethauer, Operations Analyst
Joe Schmitt, CDES Division Administrator
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9/27/2011 Item 10.1.
April 30. 2009
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I. Call to Order
Chairman Rech called the meeting to order at 1 :00 pm
Bob Dunn, Building Director noted the purpose of the meeting 1S for the Board to
review his interpretation of the Florida Building Code. Specifically, that a County
permit is required for the installation/replacement of gas or electric hot water heaters.
He noted the following:
. His interpretation is based on the 10/1/2007 version of me Florida
Building Code (FBC) was adopted onMarch 1,2009.
. Section 105.1 and 1 05.2 of the FBC outlines the requirement,> for
permits and exemptions for tbe replacement and installation of water
heaters.
" Beginning March l> 2009, the County began requiring permits for
replacement of hot water heaters.
. Members of the public and Count)' Commissioners expresse-d concern
over the interpretation and the requirement was temporarily suspended
pending investigation.
. On Apnl21, 2009, an "'Informallnterpretation Report #6136" from the
Department of Community Affairs, Building OfJicials Association of
Florida was issued to the CmIDty, which states, "it is the intent of
Florida Building Code - Building section 105.1 ro require permits for
the replacement of gas and electric water heaters. Water" heater
replacements are not exemptfrom permit requirements. "
. Staff is also requesting an Official Declaratory Statement from the
Department of Community pJfairs (DCA) regarding this issue,
.. Upon receipt of this doculnent. an Executive Summary will be
provided to the Board of Cotr'..missioners ror ;;;
the
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EjD:iJ,,-,d
lilt-
\va~~; n('Jte(~.:
4'~
.J:ei;Y
would be
clarifying the intent of the Code
$! i\. pennit will not be required for of existing \vater heaters
. A homeo\\'l1er replacing his O\V11 water heater \vill not be exempt from
the requirements.
$! The permit fee is $50,00 for a commercial contractor penni1
("convenience permits"); and $75 rora homeowner permit.
. .Any replacements will require the installation comply with current
building codes,
. All units will be required to be insmlled under manufactures
specificatians,illcluding electrical service.
. The requirement willprima.."'ily affect unlicensed individuals and
single-family homeowners instaHingJreplacing hot water beaters.
2
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9/27/2011 Item 10.1.
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April 30, 2009
Joe Schmidt. CDES Division Administrator addressed the "permit burden" on a
homeowner replacing his own water heater. He noted a separate class ofpennitting
cannot be established for exempting a homeo'Wller from the requirement as the
County Attorney's Office indicated this exemption would not mee1 "equal protection"
under the law.
Bob Dunn noted some code interpretations, that involve pre. existing constraints, may
need to be resolved ana case-by-case basis.
He concluded, requesting the Board support his interpretation of the FBe to require a
permit for the installation andJor replacement ofa hot water heater.
Mr. Anderson moved to accept the permit requirement based on the information
provided. (Iluzt the installation/replacement of hot water heaters requires the
issuance of a permit by the County). Second by Mr. Melton. Motion carried 4
":ves" -1 "'no."
There being no further bllBiness for the good of the County, the meeting was
adjourned by the order ufthe Chair at 1:351)M.
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COLLI.ER COU1'4'TY BOAR!) OF A.D,ruSTMENT
A.l"D APPEALS
ChairmaIi Ken Reeh
These Minutes were):ppToved the
as presented _1-#" , or as fu"1lended
on
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Att 9/27/2011 Item 10.1.
Informal Interpretation
Report Number 6136
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Date: TueApr212009
R.,ort: 6136
Coi:Ie:
Building
Code Year: 2007
Section: 105.1
Question:
Is itthe intent of Florida Building Code - Building section 105.1 to require permits for the repla<:ement of gas or electric water
he8lers? Sections 105.1 and 105.2 are very specific as to required permits and what is exempt from permit. Since "water
hHter" is not specifically mentioned, should they be exempt?
Comment:
Cfllpter 1 of Florida Building Code - Residential defers to FioridaBuiiding Code - Building. We feel that we have interpretated
~ as to the written intent and are requesting an informal interpretation.
Answer:
YeS;, It is the intent of Florida Building Code . Building section i0S.1to require permits for the replacement of gas and eiectric .~
water heaters. No, water heater replacements are not exempt from permit: requirements.
Commentary:
None.
Tim BUilding Officials ASSOCiation aff Fionda, In cooperomm with the FiMda Building Commission, the Florida Department of Community! AF.airs. fCr.
and'fm:rwst", and .oroiessional ex~ offer this InR1l'";miltJ/lOOtl of the Aorid118uiiding Crxse in tha interest of consistfJm:;y in meir apPilcatml'"t stJ/l!ewia'L
Thistnt.m"pmmtion is intoimlilf. flon--binding and suqjact to acceptance and approval by the! 10ClI! tmildmg offtCiai.
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9/27/2011 Item 10.1.
Attachment "C"
FLORIDA BUILDING COMMISSION
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Code Administration Technical Advisory Committee
AGENDA
CONFERENCE CALL
Telephone Number: 1-888-808-6959 Code: 1967168
Tuesday, May 26, 2009
9:30 A.M. -
Public point of access: Room 250L
Department of Community Affairs
Building Codes and Standards
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850)-487 -1824
Meeting Objectives:
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· To Approve Agenda and minutes
· To ConsiderlDecide on Declaratory Statements
· To Consider other business from the public and Committee
Code Administration TAC: .....................................Herminio Gonzalez, Chairman
Dick Browdy, Randy Vann, Hamid Bahadori, Matt Carlton, John O'Connor, Tim Tolbert, Bob Boyer, and
Bill Dumbaugh.
1. Call to Order-review/approve agenda and April minutes
2. Review and provide recommendations to the Commission on the request for declaratory statement:
DCA09-DEC-121 submitted by Robert Dunn, Collier County Building Department
3. Any new business.
4. Adjourn.
Prepared by the Florida Department of Community Affairs
Codes and Standards Office
Joe Bigelow - 850-922-9160 - ioe.bigelowiaJdcastate.fl.us
Mo Madani - Manager - 850-921-2247 - mo.madani@dcastate.fl.us
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9/27/2011 Item 10.1.
Attachment "C"
Note: This document is available to any person requiring materials in alternate format upon request. Contact the
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399-2100 or call
850-487-1824 ~
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9/27/2011 Item 10.1.
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STATE OF FLORIDA
BUILDING COMMISSION
In the Matter of
COLLIER COUNTY BUILDING
REVIEW AND PERMITTING
DEPARTMENT
Case #: DCA09-DEC-121
Petitioner.
/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the
Commission) by a Petition from Robert Dunn of the Collier County Building Review and
Permitting Department, which was received on April 23, 2009. Based on the statements
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in the petition, the material subsequently submitted and the subsequent request by the
Petitioner, it is hereby ORDERED:
Findioes of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule
28-105.002, Florida Administrative Code.
2. The Petitioner is an agency of Collier County and enforces the Florida
Building Code in Collier County, Florida.
3. The Petitioner has received inquiries whether it must issue a permit related to
replacement of gas and electric water heaters. Collier County has no ordinances or rules
restricting application of the Code related to water heaters.
4. The Petitioner inquires whether replacement of a gas or electric water heater
requires a building permit under the requirements of the Florida Building Code?
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9/27/2011 Item 10.1.
Conclusions of Law
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1. The Florida Building Commission has the specific statutory authority to
interpret the provisions of the Florida Building Code by entering a declaratory statement.
2. Section 105.1, Florida Building Code, Building Volume (2007), requires that:
Any owner or authorized agent who intends to construct,
enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any
required impact-resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is
regulated by this code, or to cause any such work to be
done, shall first make application to the building official
and obtain the required permit.
3. Section 105.2, Florida Building Code, Building Volume (2007), identifies
work for which a permit is not required. That list does not include water heaters.
4. Therefore, based on the foregoing, and in the absence of an exemption
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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.
Petitioner and all other interested parties are hereby advised of their right to seek
judicial review of this Order in accordance with Section l20.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.11O(a). To initiate an appeal, a Notice of
Appeal must be filed with Paula P. Ford, Clerk of the Commission, Sadowski Building,
2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate
District Court of Appeal no later than thirty days after this Order is filed with the Clerk of
the Commission. A Notice of Appeal filed with the District Court of Appeal shall be
accompanied by the filing fee specified by section 35.22(3), Florida Statutes.
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9/27/2011 Item 10.1.
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DONE AND ORDERED thi~ of September, 2009, in Coral Gables,
Miami-Dade County, State of Florida.
I , Chair
BUl . ission
Departm of Community Affairs
Sadowski Building
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the foregoing was sent to the
following by the method indicated on this ~y of September, 2009.
~v-r
~AULA P. FORD T
V Commission Clerk
Via U.S. Mail Via Hand Deliverv
Robert Dunn
Building Director
Collier County Building
Review and Permitting Department
2800 North Horseshoe Drive
Naples, Florida 34104
Mo Madani, C.B.O. Manager
Codes and Standards Section
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
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F!Lf~'>j'G AND AO(".!()~"VLEDGEMENT
FiLED, on this C"'!itii, w.th t!"w designated
Agency Clerk, mo-.;ipt o~ which is hereby
act<r ., ged. $
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~~31-,~ 9/27/2011 Item 10.1.
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(fl .! ORDINANCE NO.ZOO9- 59 '0~\.. &,.0 \/\
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.(~Oe: RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF "AI',', <.:~
6LBlag\.~ OLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE ~;.;i:. -:9
FLORIDA BUILDING CODE, 2007 EDmON, AND PURSUANT TO THE ~1"'"
AUTHORITY GRANTED BY SEcrION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.1 OF
THE 2007 FLORIDA BUILDING CODE RELATING TO ADDmON,
ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER
ON ms OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF
ORDINANCE NO. 2002-01 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.
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WHEREAS, Article vm 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 January 8, 2002, the Board of County Commissioners
adopted Ordinance No. 2002-01, which adopted by reference the Florida Building Code, 2001
edition, to be enforced by Collier County in the unincorporated portions of the C01n1ty as well as
local amendments to the administrative procedures of the Florida Building Code as authorized by
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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. 2002-01, the Florida Building Commission
has adopted Florida Building Code, 2004 Edition, subsequently replaced by Florida Building
Code, 2007 Edition; and
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WHEREAS; on April 23. 2009, the Collier County Building Review and Pcnnitting
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"; llDd
WHEREAS. the Board of County Commissioners desires to repeal Ordinance No. 2002-
01 in its entirety and fonnally adopt, by reference, the Florida Building Code, 2007 Edition; 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 2007 Florida Building
Code (Work Exempt from Permit) relating to addition, alteration, or repairs perfonned by a
property owner on his or her own property.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AND ADDITIONS TO TIIE FLORIDA BUILDING
CODE.
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition,
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. ExemptioDs for minor repairs residentiaL The following pennit exemptions have
been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code
and Section 5S3.80(3)(c), Florida Statutes.
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9/27/2011 Item 10.1.
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.
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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 wail switches and wail outlet devices of 20 amps or less
and 120 volts.
4. Repair or replace the fol1owing low voltage (under 77 volts) devices:
(a) Telephone
(b) Television
(c) Data Cable
(d) Central Vacuum
(e) Burglar Alarm
(f) Intercom System
Plumbing
I. 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 servicellines.
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-far-like kind electric water heater up to 52-gal1on capacity to
include electrical connection.
17. Repair/replacement of water purification/water softener equipment.
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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.
4. Repair or replace non-combustion heating by iicensed mechanical contractors.
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5. Repair ventilation fans.
6. Replacement of window air conditioning unit.
7. Installation of ductless ventilation and range hoods
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BuDding
1. Repair work perfonned 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. EnclosUJe of existing covered patioslbalconieslporehes 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 paJ'titions 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 pennit.
Note: All work shall comply with all applicable laws, ordinances, building codes and zoning
regulations. To assure your safety and to assure proper construction andlor 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.orglstates/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
familiarity with the' code requirements are encouraged to have the work done by a licensed
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professional or in the alternative apply for a pennit 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.
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SECTION TWO: REPEAL
Ordinance No. 2002-01 is hereby repealed in its entirety.
SECTION THREE. 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 jmisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECI'ION FOUR: 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.
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SECTION FOUR: PENALTIES FOR VIOLATION.
If any person, finn, 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,
finn, corporation, or other legal entity whether public or private, upon conviction of such
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
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offense. In addition, any person, finn, 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.
SECfION FOUR: EFFECfIVE 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
County, Florida, this IO~ day of )JDVlmbu" . 2009.
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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FIALA, CHAIRMAN
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filing recelwd II ctQ't
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By i . ~.c...
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9/27/2011 Item 10.1.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-59
Which was adopted by the Board of County Commissioners
on the lOth day of November, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of November, 2009.
DWIGHT E. BROCK ,..' .',1,..
Clerk of cour.. t.. !!.'!"~. . -,,,erk. I..,
Ex-officio to..~~~~:#J:. --;
County commiA.~~~~ ..' .' '.:I~:l- i;'
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(J~'r: 30 'O\i~i'iv
By: Ann Jennejo~, ....,...... .' 't:
Deputy Clerk
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