Backup Documents 03/27/2012 Item #17BCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
178 �y
Q
Originating Dept/ Div: GMD/ Operations and Regulatory Mgmt. Person: James French Date: March 8, 2012
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 27, 2012
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2010 EDITION, AND PURSUANT TO THE
AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS
TO SECTION 105.2 OF THE 2010 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATION,
OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY;
INCORPORATING UPDATED LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF ORDINANCE NO.
2009 -59 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.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? ❑ Yes ❑ No
If Yes, what account should be charged for advertising costs: P.O* 4500131152
Reviewed by:
Date
Division Administrator or Designee
List Attachments: 1) Proposed Ordinance Amendment
DISTRIBUTION IN STRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE LY.
Date Received: ate of Public hearing: Lv
Date Advertised:
17B j
ORDINANCE NO. 2012-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, 2010 EDITION, AND PURSUANT TO THE
AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE 2010 FLORIDA BUILDING CODE RELATING TO ADDITION,
ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER
ON HIS OR HER OWN PROPERTY; INCORPORATING UPDATED
LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF
ORDINANCE NO. 2009 -59 IN ITS ENTIRETY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida
Statutes provides that counties, as political subdivisions of the State, have the governmental and
proprietary powers to enable them to conduct government, perform services, and may exercise
any such powers for public purposes, except when expressly prohibited by law; and
WHEREAS, pursuant thereto, on November 10, 2009, the Board of County
Commissioners adopted Ordinance No. 2009 -59, which adopted by reference the Florida
Building Code, 2007 edition, to be enforced by Collier County in the unincorporated portions of
the County as well as local amendments to the administrative procedures of the Florida Building
Code as authorized by Section 553.73(4)(a), Florida Statutes; and
WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the
Florida Building Code adopted by a local government pursuant to this paragraph shall be
effective only until adoption by the Florida Building Commission of a new edition of the Florida
Building Code every third year; and
WHEREAS, since adoption of Ordinance No. 2009 -59, the Florida Building Commission
has adopted Florida Building Code, 2007 Edition; and
Page 1 of 6
178 1
WHEREAS; on April 23, 2009, the Collier County Review and Permitting Department
petitioned the State of Florida Building Commission inquiring whether replacement of a gas or
electric water heater requires a building permit under the requirements of the Florida Building
Code; and
WHEREAS, the State of Florida Building Commission issued a Declaratory Statement
dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence
of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes
(2007), the Code requires a permit for the replacement of a gas or electric water heater"; and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2009-
59 in its entirety and formally adopt, by reference, the Florida Building Code, 2010 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 2010 Florida Building
Code (Work Exempt from Permit) relating to addition, alteration, or repairs performed by a
property owner on his or her own property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING
CODE.
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2010 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. Exemptions for minor repairs residential. The following permit exemptions have
been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code
and Section 553.80(3)(c), Florida Statutes.
Page 2 of 6
f
Permit exemption is for owners of single family detached residences performing work on single
family properties. All work performed shall comply with the standards of the Florida Building
Code Residential.
Electrical
1. Repair work performed by licensed electrical contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair or replace existing light fixtures and ceiling fans.
3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less
and 120 volts.
4. Repair or replace the following low voltage (under 77 volts) devices:
(a) Telephone
(b) Television
(c) Data Cable
(d) Central Vacuum
(e) Burglar Alarm
(f) Intercom System
Plumbing
1. Repair /replace work performed by licensed plumbing contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair water solar panels by licensed plumbing contractors.
3. Change out of an above ground LP tank 100 lbs or less.
4. Repair irrigation system.
5. Repair domestic water service/lines.
6. Unclog sewer stoppage.
7. Repair sewer line excluding repair or replacement of interceptors, separators by
licensed plumbing contractors.
8. Repair /replace faucets.
9. Repair /replace water closet/bidet/urinal fixtures only.
10. Repair /replace sink/lavatory/drinking fountain fixtures only.
11. Repair /replace residential pool equipment other than pool heater.
12. Repair /replace shut off valve on a domestic water line.
13. Repair / replace and house pumps not exceeding 2 hp
14. Repair /replace residential disposal.
15. Repair /replace residential dishwasher.
16. Repair /replace like- for -like kind electric water heater up to 52- gallon capacity to
include electrical connection.
17. Repair /replacement of water purification/water softener equipment.
Mechanical
1. Repair work performed by licensed mechanical contractors that does not exceed
$1,500.00 in cost for parts and labor.
2. Repair of air conditioning duct.
3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical
contractor.
4. Repair or replace non - combustion heating by licensed mechanical contractors.
Page 3 of 6
17 I
5. Repair ventilation fans..
6. Replacement of window air conditioning unit.
7. Installation of ductless ventilation and range hoods
Building
1. Repair work performed by licensed contractors per Florida Statute 489 that is not
structural in nature and does not change the occupancy, does not affect life safety and
the value of which does not exceed $1,500.00 in labor and materials.
2. The repair of any roof covering not exceeding $1,500.00 in value of materials and
labor or work not exceeding two roofing squares (200 sq. ft.) in extent.
3. Installation or repair of satellite dishes installed in accordance with manufacturers
specifications and in compliance with local zoning requirements.
4. Installation or repair of canvas or cloth covered awnings.
5. Installation or repair of rain gutters.
6. Enclosure of existing covered patios/balconies /porches with screening.
7. Cement plaster (stucco) applied directly onto structures constructed of concrete
masonry units. Application of cement plaster must meet or exceed the manufactures
recommendations. All other applications will require a permit including but not
limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other
application over metal lath or wire lath fabric.
8. Door replacement including swinging, sliding, pivoting, and rolling which does not
otherwise create a new opening, enlarge or reduce an existing opening, or require the
removal of any exterior or interior finish material serving a single family residence or
other miscellaneous utility building constructed on a residential zoned lot. This
exemption shall not allow nor relieve the building owner, unit owner, installer or
contractor from complying with wind load and opening protection requirements of
the Florida Building Code.
9. Movable cases, counters, and partitions not over 10 feet in height.
10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish
work. This exemption is not allowed nor applicable when the work or alteration
affects the structural integrity of a load bearing wall, or the fire resistant material of a
fire rated horizontal or vertical separation. Projects located within a designated flood
zone are required to comply with the substantial improvement requirements and
submit a cost breakdown for any work which may be exempted from permits.
11. Swings and other playground equipment accessory. This exemption shall not allow
nor permit the encroachment of setbacks or the erection of any unsafe, structurally
unsound, or dilapidated structure. In the event the structure violates setbacks or is
considered unsafe, structurally unsound, or dilapidated the building official may
require a permit.
Note: All work shall comply with all applicable laws, ordinances, building codes and zoning
regulations. To assure your safety and to assure proper construction and/or installation, those
homeowners who are not familiar with the provisions and requirements of the Florida Building
Code are encouraged to visit the website www2.iccsafe.org /states / florida codes/ to review code
requirements prior to doing any work or repairs or they can contact the county building
department if they have any questions. Homeowners lacking the technical background and
familiarity with the code requirements are encouraged to have the work done by a licensed
Page 4of6
17B _a
professional or in the alternative apply for a permit where they will receive a technical review of
the proposed work and where they will receive all required onsite technical inspections
performed by a state licensed professional building inspector.
SECTION TWO: INCORPORATION OF UPDATED WIND ZONE MAPS.
The Wind Zone Maps appended hereto, consisting of Category 1, Category 2, and Category 3
and 4, are hereby adopted.
SECTION THREE: REPEAL
Ordinance No. 2009 -59 is hereby repealed in its entirety.
SECTION FOUR. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: PENALTIES FOR VIOLATION.
If any person, firm, corporation, or other legal entity whether public or private, shall fail or
refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person,
firm, corporation, or other legal entity whether public or private, upon conviction of such
Page 5 of 6
17B 1
offence, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
court. Each day of continued violation or noncompliance shall be considered as a separate
offense. In addition, any person, firm, corporation, or other legal entity whether public or
private, convicted under the provisions of this section shall pay all costs and expenses involved
in the case. In addition, the provisions of this Ordinance may be enforced by any means
appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
i
Jeff E. Wright
Assistant County Attorney
FRED W. COYLE, CHAIRMAN
Page 6of6
Martha S. Ver ara 17 B •�«,
From: PattersonAmy <AmyPatterson @colliergov.net>
Sent: Thursday, March 08, 2012 4:34 PM
To: JennejohnAnn; Minutes and Records
Cc: French, James; Gust, Tatiana; Wright, Jeff
Subject: Legal Ad - March 27, 2012
Attachments: Legal Ad - Building Code signed.pdf; FBC 2010 adoption ord (3- 8- 12jw).pdf
Hi Anne,
Attached is the legal ad I called you about earlier today. This one is for Jamie French, not impact fees this time. The
hard copies will be delivered tomorrow morning. The County Attorney asked that I please request that this ad run no
later than Friday, March 16th. I think that we had already discussed that in our earlier conversation. Thanks for your
help with this and let me know if you have any questions.
Thank you,
Amy
Amy Patterson
Impact Fee and Economic Development Manager
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
239.252.5721
Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
17B
Acct. #068780
March 9, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Adopting the Florida Building Code 2010 Edition
Dear Legals:
Please advertise the above referenced notice on Wednesday, March 14, 2012, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500131152
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on March 27, 2012 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299
East Tamiami Trail, Naples, Florida, the Board of County Commissioners
will consider the enactment of County Ordinances. The meeting will
commence at 9:00 A.M. The titles of the proposed Ordinances are as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE,
2010 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION
553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION
105.2 OF THE 2010 FLORIDA BUILDING CODE RELATING TO ADDITION,
ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR
HER OWN PROPERTY; INCORPORATING UPDATED LOCAL WIND ZONE MAPS;
PROVIDING FOR REPEAL OF ORDINANCE NO. 2009 -59 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.
Copies of the proposed Ordinances are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any 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
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380,
17B a
at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
NQl'ICE E7F INTENT Td CONSIQER'ORDINANCES I 7 g 11
NrstE'cei is 11Qre,b given �t.hat ,,611, March 27, 2012 -in the RdarcItborrl, 3rc1
AdrnirrMratl,n' BUJIdin Caller, e0 U"t Gcav'+ernr nt' enterR 3799 East l'amiaml
Tra,1.I Naples* ,Irlolfi l , t e ,B6ard 6 cow -n �, Cvlintrii mill t ider the
er a+wtmerttr3rrinanes., Tl�e metin.crll,sr�rmtce a 9C?,IVI. Thee
title 'of, th pr QSed 0 cllnar7c s °are s`foll .Ws.
Any, 0R01INANCEO _TH; a0Aka, OF COuNTY totvl5a'JON.ERS OF CC LLIE�R
co IN , r,FWR1 AALLY. Abd C BUILC1NO,MDE, �F��
Fb]Tlbh ,AND. FURSQANT TQ THE: Au !THORITY,:GRA.NTED_RY,stCTlON_ 5. 3:Rd 3�,:
1*LC1R1C3.A SATUTE, A.CIiN CEI7'All�l E){Eivlll fi.N T.5FCT1.iN i C}5.Z T -tCI,C
FLGR DA- B,UILI) INS� CODE RELATiN Tc� ADDITION, ALTERATION, ''OR 0PAlR
P i 'FC R:I�I °E a R:Y .A- PR -ORS Y tD.' N EI O 1 1-I15= CSR H Ek; ..OWN'? R PERTY,
INCO � QI. TI�N±G UPDATED LO:CAL`11�1�IN b .ZONE MAPS; ROVI1)1NG FOR. RE�EAL,OF
ORDNANCE .N ;,0. '2b{19 -.S -', !,N' IT5- ENTIRE`T'Y; ,PR`O IDINC' fok CONFLICT AND'
"SEL�EI�A511.'M f PROVIbI�1G PbR INC.LUS14N ]'N THE COLLIER. t,6 NTY C6DE OF
LAWS AND C)RDINANCES; PROVIDING FOR PENALTIES FOR-VIOLATION- AND:
PR 1111 11VG FOR -AN EFFECTIVE BATE. '
Cc�p "res o¢fihe proposed tflrdiliances ate on f116* with the �l6rk tdthe��BoAer and are
. avallab,le for ir>ispe�ti n! All inter�stecl pa.rti s: :are invited to att;°n a,rfd' b ear
hd,
INOTE: All per ms wrshirtg tb sp#alt on and,. ao'onda stern mus.1 register with the
.,Cc�urit ad;rninis ikor rira[ # . M$eri a trc n of :the agenda iterrt to '.be
�:
Indivt ual spe ers ��I- lae [ nite.d to 3 minu��s:.on any,hem. The selection of an
Tndi.vi.du:al 6 speak..on be.half" of >:an organization or group is encour�.aged. If
recognized b the Ch irrrran a. spo'61spersvn for a group or.organization maybe
allotted l minutes to speak,vn an item'
nersons,w skiing to have written yr graphic materials inc,lu.ded in -the'Board agenda
packets must subml t axi .material .a. rnir�irr�urrr , f`3 weeks (arras= icy the r;e-spe , iv�e
public hearing, In a'ny tas'e Written ri�atteri ils intended to be cansi i rerl bytlle
l3c�ard shall be subrn.ltted tc" the app ropr;iAte'Cognty sty f a mmirqurn af'seveta di4;s
`�ribr to th- publ(+e hearing, A►11 ri7 :Wiar used in pre'6htati6hs befpre the Bdard
t nll aec rift a ' ftn. ent'ryart'df the retard,
Any in uvha decides td a paaI a deki�ia,n of the El'pa d' ' m ill nP64, a retor�d of ;th.e
proceedings per1air~Ing.therAko' and thereforte, the n0ed.tc enure that a:verb,atim
r card of tl�e r�ceedings 1-s rrt,a,de,, hi `h - record inciudi -the to imt?ny ar1d.
evid nce..upvn wtilch the appeal is based.
`If you ar-e a person with a disabili , .who needs :ar ..accommodation in order.to
partic1pate In this proceeding you. are. entltled, at no �costAo you.to the provision
bf -certain��assistaii�ep. Please contact the Cotli€�r: aunty, I�a>crlities Mana.g rne:nt
I ep rtrment, located at.3335 Tamiarni Trail East; Suite 101, Niples, FL �1�12 5 55;
(23P 2t - ; C?, at 1ea t o days prier 6 he".rneetirlg. Assisted linen! rtg devices for
they eartng impaired are avall ble in the Board of, County Cpmmissi'oners Office.
MARDI: OF COUNTY COMMMTONERS
COLLIER COUNTY, FLORIDA,
,FRED MYI EI CHAIRMAN
I INIC-rI-T,E'1aROCI< ,CLERK
�.ij,�`. I c�rtha `�, erg -Ora.r De,]>l tY �I�`I'lC
E�AL�
March 14; 1012 No, 1'946 -569,
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Barbara Boyer, who on oath says that she serves as
the Sales Coordinator of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on March 14, 2012
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said new per.
( Signature of of Cant)
Sw rn to and sub 'bed before me
T T 16th day f a ch, 2012
(Signature of notary public)
CAROLPAWLINSKI
MY COMMISSION # EE 45538
EXPIRES: November 28, 2014
Ff ry Bonded Thru Richard Insurance Agency
178 '1
'%tier NC
NO1iCE OF INTVENTTO CONSIDER ORDINANCES
Notice is hereby given that on March 27, 2012 in the Boardroom, 3rd Floor,
Administration Building, Collier County' Government Center, ;299yy East., Tamiami
Trail, Naples, Florida, the Board of County Commissioners..p ill consider the
enactment of County Ordinances. The meeting will, commence at 9:00 A.M. The
title of the proposed Ordinances areas follows:
AN ORDINANCE OF THE BOARD OF COUNTY, COMMISSIONERS Of COLLIER
'COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2010
EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECf�ON 553.00(3),
FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105. OPTHE 2610
FLORIDA. BUILDING CODE RELATING TO ADDITION, ALTERATION, OR REPAIRS
PERFORMED BY A.-PROPERTY OWNER ON HIS -Olt HER OWN PROPERTY;
INCORPORATNG UPDATED LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF
ORDINANCE I NO, 2009 -59 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.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All Person; wishing to speak on any agenda item must register with the
County administrator prior to presentation. of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The ielection of an`
individual to speak on behalf of- an organization or group is, encouraged. ' if
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials" included 16 the Board agenda
packets must submit said material a minimum of 3 weeks priorr to the r roe
public hearing. In any case, written materials intended to be considered the
Board shall be submitted; to the appropriate County staff a minimum df seven days
Z to the public hearing. All material srfed in presentatioro before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedin gs pertaining' thereto and therefore, may need to ensure that a verbatim
record c, the proceedings is made, which record include$, the tastifnony and
evidence upon which the appeal is. based.
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 Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356,
(239) 252. 8380, . at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED-COYLE,CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk '.
(SEAL)
March 14 - 2012 No- 1900569
ORIGINAL DOCUMENTS CHECKLIST & ROUTIN SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG-NATURE 17
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
#4 co m lete the checklist, and forward to Sue Filson (line #5).
exception of the Chairman's signan. re, draw a line throu routing
Route to Addressee(s)
List in routing order
mes ro
Office
Initial
52 -5717
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
73
Approved b the BCC
3ja�
Z
2.
Type of Document
Ordinance 11
� o 0`
Number of Original
Documents Attached
3.
by the Office of the County Attorney. This includes signature pages from ordinances,
4.
resolutions, etc. signed by the County Attorney's Office and signature pages from
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
/V+ f �Z
6. Minutes and Records
Clerk of Court's Office
2.
Office and all other parties except the BCC Chairman and the Clerk to the Board
lbiJ'
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Jamie French
Phone Number
52 -5717
Contact
Agenda Date Item was
March 27, 2012
Agenda Item Number
73
Approved b the BCC
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
Type of Document
Ordinance 11
� o 0`
Number of Original
Documents Attached
Attached
by the Office of the County Attorney. This includes signature pages from ordinances,
1F1vc`rulIj9 -T1nNC % f NF('.K1,1ST
1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 124.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
es
Initial)
N/A (Not
Applicable
appropriate-
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and.possibly State Officials.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
2.
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
Ad
si afore and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 3/27/2012 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
A
County Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 124.05
17B
MEMORANDUM
Date: April 9, 2012
To: James French, Manager
CDES Operations
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2012 -14
Attached, please find one (1) copy, (Agenda Item #17B) that was approved by the
Board of County Commissioners on Tuesday, March 27, 2012.
The Original is being kept by the Board's Minutes and Records Office as a part
of the Official Records.
If you should have any questions, please contact me at 252 -8411.
Attachment
17B
MEMORANDUM
DATE: April 9, 2012
TO: Ernie Kerskie, Director of Mapping
Property Appraiser's Office
FROM: Teresa Polaski, Deputy Clerk
Minutes & Records Department
RE: Validated Ordinance 2012 -13, 2012 -14 & 2012 -15
Attached for your records, is a copy of the document referenced above,
Adopted by the Board of County Commissioners on Tuesday, March 27, 2012.
If you have any questions, please feel free to call me at 252 -8411.
Thank you.
Attachment
17B
ORDINANCE NO. 2012- 14
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, 2010 EDITION, AND PURSUANT TO THE
AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE 2010 FLORIDA BUILDING CODE RELATING TO ADDITION,
ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER
ON HIS OR HER OWN PROPERTY; INCORPORATING UPDATED
LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF
ORDINANCE NO. 2009 -59 IN ITS ENTIRETY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida
Statutes provides that counties, as political subdivisions of the State, have the governmental and
proprietary powers to enable them to conduct government, perform services, and may exercise
any such powers for public purposes, except when expressly prohibited by law; and
WHEREAS, pursuant thereto, on November 10, 2009, the Board of County
Commissioners adopted Ordinance No. 2009 -59, which adopted by reference the Florida
Building Code, 2007 edition, to be enforced by Collier County in the unincorporated portions of
the County as well as local amendments to the administrative procedures of the Florida Building
Code as authorized by Section 553.73(4)(a), Florida Statutes; and
WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the
Florida Building Code adopted by a local government pursuant to this paragraph shall be
effective only until adoption by the Florida Building Commission of a new edition of the Florida
Building Code every third year; and
WHEREAS, since adoption of Ordinance No. 2009 -59, the Florida Building Commission
has adopted Florida Building Code, 2010 Edition; and
Page 1 of 1
17B
WHEREAS; on April 23, 2009, the Collier County Review and Permitting Department
petitioned the State of Florida Building Commission inquiring whether replacement of a gas or
electric water heater requires a building permit under the requirements of the Florida Building
Code; and
WHEREAS, the State of Florida Building Commission issued a Declaratory Statement
dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence
of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes
(2007), the Code requires a permit for the replacement of a gas or electric water heater "; and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2009-
59 in its entirety and formally adopt, by reference, the Florida Building Code, 2010 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 2010 Florida Building
Code (Work Exempt from Permit) relating to addition, alteration, or repairs performed by a
property owner on his or her own property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING
CODE.
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2010 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. Exemptions for minor repairs residential. The following permit exemptions have
been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code
and Section 553.80(3)(c), Florida Statutes.
Page 2 of 6
17B
Permit exemption is for owners of single family detached residences performing work on single
family properties. All work performed shall comply with the standards of the Florida Building
Code Residential.
Electrical
1. Repair work performed by licensed electrical contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair or replace existing light fixtures and ceiling fans.
3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less
and 120 volts.
4. Repair or replace the following low voltage (under 77 volts) devices:
(a) Telephone
(b) Television
(c) Data Cable
(d) Central Vacuum
(e) Burglar Alarm
(f) Intercom System
Plumbing
1. Repair /replace work performed by licensed plumbing contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair water solar panels by licensed plumbing contractors.
3. Change out of an above ground LP tank 100 lbs or less.
4. Repair irrigation system.
5. Repair domestic water service /lines.
6. Unclog sewer stoppage.
7. Repair sewer line excluding repair or replacement of interceptors, separators by
licensed plumbing contractors.
8. Repair /replace faucets.
9. Repair /replace water closet/bidet /urinal fixtures only.
10. Repair /replace sink/lavatory /drinking fountain fixtures only.
11. Repair /replace residential pool equipment other than pool heater.
12. Repair /replace shut off valve on a domestic water line.
13. Repair / replace and house pumps not exceeding 2 hp
14. Repair /replace residential disposal.
15. Repair /replace residential dishwasher.
16. Repair /replace like - for -like kind electric water heater up to 52- gallon capacity to
include electrical connection.
17. Repair /replacement of water purification/water softener equipment.
Mechanical
1. Repair work performed by licensed mechanical contractors that does not exceed
$1,500.00 in cost for parts and labor.
2. Repair of air conditioning duct.
3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical
contractor.
4. Repair or replace non - combustion heating by licensed mechanical contractors.
Page 3 of 6
17B
5. Repair ventilation fans.
6. Replacement of window air conditioning unit.
7. Installation of ductless ventilation and range hoods
Building
1. Repair work performed by licensed contractors per Florida Statute 489 that is not
structural in nature and does not change the occupancy, does not affect life safety and
the value of which does not exceed $1,500.00 in labor and materials.
2. The repair of any roof covering not exceeding $1,500.00 in value of materials and
labor or work not exceeding two roofing squares (200 sq. ft.) in extent.
3. Installation or repair of satellite dishes installed in accordance with manufacturers
specifications and in compliance with local zoning requirements.
4. Installation or repair of canvas or cloth covered awnings.
5. Installation or repair of rain gutters.
6. Enclosure of existing covered patios /balconies /porches with screening.
7. Cement plaster (stucco) applied directly onto structures constructed of concrete
masonry units. Application of cement plaster must meet or exceed the manufactures
recommendations. All other applications will require a permit including but not
limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other
application over metal lath or wire lath fabric.
8. Door replacement including swinging, sliding, pivoting, and rolling which does not
otherwise create a new opening, enlarge or reduce an existing opening, or require the
removal of any exterior or interior finish material serving a single family residence or
other miscellaneous utility building constructed on a residential zoned lot. This
exemption shall not allow nor relieve the building owner, unit owner, installer or
contractor from complying with wind load and opening protection requirements of
the Florida Building Code.
9. Movable cases, counters, and partitions not over 10 feet in height.
10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish
work. This exemption is not allowed nor applicable when the work or alteration
affects the structural integrity of a load bearing wall, or the fire resistant material of a
fire rated horizontal or vertical separation. Projects located within a designated flood
zone are required to comply with the substantial improvement requirements and
submit a cost breakdown for any work which may be exempted from permits.
11. Swings and other playground equipment accessory. This exemption shall not allow
nor permit the encroachment of setbacks or the erection of any unsafe, structurally
unsound, or dilapidated structure. In the event the structure violates setbacks or is
considered unsafe, structurally unsound, or dilapidated the building official may
require a permit.
Note: All work shall comply with all applicable laws, ordinances, building codes and zoning
regulations. To assure your safety and to assure proper construction and /or installation, those
homeowners who are not familiar with the provisions and requirements of the Florida Building
Code are encouraged to visit the website www2.icesafe.org /states /florida_codes/ to review code
requirements prior to doing any work or repairs or they can contact the county building
department if they have any questions. Homeowners lacking the technical background and
familiarity with the code requirements are encouraged to have the work done by a licensed
Page 4 of 6
ire
professional or in the alternative apply for a permit where they will receive a technical review of
the proposed work and where they will receive all required onsite technical inspections
performed by a state licensed professional building inspector.
SECTION TWO: INCORPORATION OF UPDATED WIND ZONE MAPS.
The Wind Zone Maps appended hereto, consisting of Category 1, Category 2, and Category 3
and 4, are hereby adopted.
SECTION THREE: REPEAL
Ordinance No. 2009 -59 is hereby repealed in its entirety.
SECTION FOUR. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: PENALTIES FOR VIOLATION.
If any person, firm, corporation, or other legal entity whether public or private, shall fail or
refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person,
firm, corporation, or other legal entity whether public or private, upon conviction of such
Page 5 of 6
17B
offence, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
court. Each day of continued violation or noncompliance shall be considered as a separate
offense. In addition, any person, firm, corporation, or other legal entity whether public or
private, convicted under the provisions of this section shall pay all costs and expenses involved
in the case. In addition, the provisions of this Ordinance may be enforced by any means
appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
fe
ATTEST:
DWI4r fit
l3ROCK, CLERK
ktt" t,9 ��,_ Jerk
uri► -'c +►
id
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Approved as to form
and legal sufficiency:
a�
Je f E right
As 'stant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAI AN
Page 6 of 6
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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 2012 -14
Which was adopted by the Board of County Commissioners
on the 27th day of March, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk,,
Ex- officio to Board of,. .
County Commissioners
By. Teresa Polaski, �' 3
Deputy Clerk
17B