Agenda 09/15/2009 Item #16A 5
Agenda Item No. 16A5
September 15, 2009
Page 1 of 18
EXECUTIVE SUMMARY
To provide to the Board of County Commissioners (Board) information regarding the
requirement as specified in the 2007 Florida Building Code to obtain a building permit
when replacing a water heater, and to inform the Board of the final decision rendered by
the Florida Building Commission on this matter.
OBJECTIVE: To provide to the Board of County Commissioners (Board) infonnation
regarding the requirement pursuant to 2007 Florida Building Code for contractors as well as
homeowners to obtain a building permit when replacing a water heater, and to infonn the Board
ofthe final decision rendered by the Florida Building Commission on this matter.
CONSIDERA TION:
On April 14, 2009, under Agenda Item 15, Staff and Commissioner General Communications,
the Board raised the issue regarding the 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 from the Florida Building Commission regarding the
intent, interpretation and application of the Florida Building Code regarding the requirement for
plumbing contractors to obtain a permit when replacing a water heater.
-
The 2007 Florida Building Code went into effect on March 1, 2007. Based on an interpretation
of the new code where it clearly defined the requirements where a permit is required, Mr. Bob
Dunn, Collier County Building Official and Director, Building Review and Permitting
Department, directed that it was his interpretation that the new code now mandated that a pennit
is required when replacing a water heater. Inclusive in this permitting process would be the
necessary electrical, mechanicaVplumbing and where needed structural reviews and the conduct
of all applicable final on site construction inspections.
The implied requirement for obtaining a pennit to install or replace water heaters has been in the
Florida Building Code since its inception in 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 confusion in the interpretation and application of
the code. The 2007 Florida Building Code, which was delayed by the state due to the need to
update several areas, went into effect on March 1, 2009. Effective that date, along with
numerous other changes in the code, the county Building Department began to enforce the
requirement that all water heater replacement installations shall be permitted and a final
inspection obtained.
-
Under the state 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. In the case of water heaters, the members of the
Florida Building Commission (FBC) determined that due to the potential danger if these
Agenda Item No. 16A5
September 15, 2009
Page 2 of 18
appliances are improperly installed, a final technical inspection should be performed by a
licensed technical professional from the local building department.
Following the April 14 BCC meeting and based on the Board direction, Community
Development and Environmental Services Division (CDES) Administrator Joe Schmitt
announced that the permitting requirement would be suspended pending the official ruling or
declaratory statement from the Florida Building Commission. Prior to seeking the declaratory
statement from the FBC, the County was directed to 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); and third, the Florida Building Commission, Code
Administration Technical Advisory Committee (T AC).
Board of Adjustment and Appeals (BOA A)
As defined in Section 2-11810fthe 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 attached (Attachment A).
Building Officials Association of Florida (BOAF).
The BOAF is a private professlonal organization which promotes the maximum safety to life,
health, and property, at minimum building cost, through education and tralning of buildlng
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 adminlstration 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-Blnding, Advisory Interpretatlons of the
Florida Buildlng Code. This agreement was authorized by Section 16 Chapter 2002-293, Laws
of Florlda, 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 interpretation on
the Building Code Information System. Such interpretations 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
2
Agenda Item No. 16A5
September 15, 2009
Page 3 of 18
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.
Attached at 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 1 05.1 to require permits for the replacement of gas and electric
water heaters. No, water heater replacements are not exempt from pennit requirements."
Florida Building Commission, Technical Advisory Committee (T AC).
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 commlSSlOn 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. Attached at Attachment C are the agenda and the committee report from that
meeting. After review the facts, the recommendation was as follows:
Question:
Is it the intent of 2007 Florida Building Code section 105. f and f 05. 2 to allow
any ovvner, contractor or authorized agent, to replace, relocate, enlarge, change
energy source of or alter installation ola gas or electric vvater heater without
filingfor an application for a permit?
Answer:
No. As per Section 105. f, 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 Committee/Program Oversight Committee or legal staff, Commission
3
Agenda Item No. 16A5
September 15, 2009
Page 4 of 18
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 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.
Attached at 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 11 th and will
be signed by the chair on or about September 11, 2009
With this final ruling, the Building Official is now required by code to enforce the requirement to
obtain a 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.
FISCAL IMPACT: The permit fee for replacing a water heater is $50 per pennit when
purchased in a group of 10 as a commercial contractor "convenience permit" and $75 when
purchased as a single pennit.
LEGAL CONSIDERATIONS: This item raises no legal issues. -JW
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board reviews the conclusions of the advisory committees as
well as the final Order of the Florida Building Commission and unless otherwise directed to seek
a judicial review or an appeal of the Order pursuant to State Statutes, staff will comply with the
Order.
Prepared Bv: Joseph K, Schmitt, Administrator, CDES
.-
4
Item Number:
Item Summary:
Meeting Date:
.r (lbC; 1 Vi 1
Agenda Item No. 16A5
September 15, 2009
Page 5 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
To provide to the Board of County Commissioners (Board) information regarding the
requirement as specified in the 2007 Florida Building Code to obtain a building permit when
replacing a water heater, and to inform the Board of the final decision rendered by the Florida
Building Commission on this matter.
9/15/200990000 AM
Prepared By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
8/19/200911 :48:29 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
8/19/20093:44 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
8/20/2009 2:55 PM
Jeff Wright
County Attorney
Assistant County Attorney
Date
Approved By
County Attorney Office
8/20/20095:02 PM
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
8/21/20092:58 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
8/24/2009 1 :53 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
8/25/2009 8:36 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
8/26/20093:55 PM
Agenda Item No. 16A5
A TT'AJ ~f~tA"
Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Contact: (239) 252-8848
www.collier~ov.net
April 14, 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 :()O 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, contl"actor or authorized agent, to replace,
relocate, enlarge, change energy source of, or alter installation of a gas or electric water heater
without filing for an application for a permit. The Collier County Building Official
interpretation is that all 'water heater installation or replacement will be permitted and
inspected in accordance with the 2007 FBe.
In Regard to the Public Meeting:
All interested parties are invited to attend, and to register to speak and to submit their objections, if
any, in writing. to the board/committee prior to the meeting if applicable.
Collier County Ordinance No. 03-53. as amended, 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 :1ssistance. Please contact the
Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida,
34112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the County
Commissioners' Office.
For more infonnation contact: Paula Brethauer at 252-2401.
-End-
Agenda Item No. 16A5
September 15, 2009
Page 7 of 18
April 30,2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
BOARD OF ADJUSTMENT AND APPEALS
Naples, Florida, April 30, 2009
LET IT BE RE1v1EMBERED, 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 SESSTON at the Collier
County Community Development Services Conference Room #609/610,
2800 N. Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIR."MAN: Ken Rech
Aaron Hokanson
Bill Silvestor
John tvfelton
Randy Anderson
ALSO PRESENT: Bob Dunn, Building Director
Ed Riley, Fire Code Official
Jeff Wright, Assistant County Atty.
Paula Brethauer, Operations Analyst
Joe Schmitt, CDES Division Administrator
1
Agenda Item No. 16A5
September 15, 2009
Page 8 of 18
April 30, 2009
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 is for the Board to
review his interpretation of the Florida Building Code, Specitically, that a County
permit is required for the instaJlationireplacemcnt of gas or electric hot water heaters.
He noted the following:
. His interpretation is based on the 10/1/1007 version oftlIe Florida
Building Code (FBC) was adopted on March 1,2009.
. Section J 05.1 and ] 05.2 of the rBe outlines the requirements [or
permits and exemptions for the replacement and installation of water
heaters.
. Beginning March 1, 2009, the County began requiring pennits for
replacement of hot water heaters.
. Members of the public and County Commissioners expressed concern
over the interpretation and the requirement \vas temporarily suspended
pending investigation.
. On April 21, :2009, an "Infom1a11nterprctation Report #6136" from the
Department of Community Affairs, Building OiTicials Association of
Florida was issued to the County, which states, "it is the intent of
Florida Building Code - Building section 105.1 10 require permits for
the replacement (~r gas and electric wafer heaters. WaLeI' heater
replacemenTs are not exempt from permit requirements, "
. Staff is also requesting an GUidal Declaratory Statement from the
Department of Community Affairs (DCA) regarding this issue.
. Upon n:eeipt of this document. an Executive Sunuuary will be
provided to the Board of Coullty Commissioners for a detennination of
the requirement.
Under Board discussion, the following was noted:
. Jeff Wright, Assistant County Attorney noted he has reviewed the
applicable Sections ofthc Code and in regards to the issue ifpem1its
for replacement ohvater heaters are required, is not clearly srated. It
\vould be helpful if the DCA issued an Oilicial Dedaru10ry Statement
clarifying the intent of the Code,
. A pcnnit will not be required for "repairs" of existing \vater heaters.
. A hOmeD\Vner replacing his own water heater will not be exempt from
the requirements.
. The permit fee is $50.00 for a commercial contractor pennit
("convenience permits"): and S75 for a homeowner pennit.
. Any replacements v/ill require the installation comply \\'ith current
building codes.
. All units v.ill be required to be installed under manufacTures
specifications, including electrical service,
. The requirement will primarily affect unlicensed indh.iduals and
single-family homeo\.'vners installing/replacing hot water heaters.
"
.:.
'1
Agenda Item No. 16A5
September 15, 2009
Page 9 of 18
April 30,2009
Joe Schmidt, CDES Division Administrator addressed the "permit burden" on a
homeO'\\lner replacing his own water heater. He noted a separate class of permitting
cannot be established for exempting a homeowner from the requirement as the
County Attorney's Office indicated this exemption would not meet "equal protection"
under the law.
Bob Dunn noted some code interpretations, that involve pre-existing constraints, may
need to be resolved on a case-by-case basis.
He concluded, requesting the Board support his interpretation of the FEe to require a
permit for the installation and/or replacement of a hot water heater.
Mr. Anderson moved to accept the permit requirement based on the information
provided, (that the installation/replacement o/hot water heaters require.. the
issuance of a permit by tlte County). Second by Mr. Melton. Motion carried 4
'yes" - 1 "110."
There being no further business for the good ofthe County, the meeting was
adjourned by tbe order of the Chair at 1 :35 PM.
COLLIER COUNTY BOARD OF ADJUSTMENT
AND APPEALS
~~
Chail-man Ken Recb
These Minutes were ~roved by the Board/Chainnan on __~j,%l '}
as presented __~, or as amended .
3
Att~~~J.t.M Wb.-.6A5
'S'~~t~ffi'l::J'm- 1~ 2009
Page 10 of 18
Informal Interpretation
Report Number 6136
Date: Tue Apr 212009
Report: 6136
Code:
Building
Code Year: 2007
Section: 105.1
Question:
Is It the intent of Florida Building Code . Building section 105.1 to require permits for the replacement of gas or electric water
heaters? Sections 105.1 and 105.2 are very specific as to required permits and what is exempt from permit. Since "water
heater" is not specifically mentioned, should they be exempt?
Comment:
Ch~pter 1 of Florida Building Code. Residential defers to Florida Building Code . Building. We feel that we have interpretated
the code as to the written intent and are requesting an informal interpretation.
Answer:
Yes. It is the intent of Florida Building Code. Building section 105.1 to require permits for the replacement of gas and electric
water heaters. No, water heater replacements are not exempt from permit requirements.
Commentary:
None.
Notice:
The Building Officials Association of Florida. in cooperation with the Rorida Building Commission, the Ronda Department of Community Affairs, ICC,
and Industry and professiona' experts offer this interpnJtation of the Florida Building Code in the inferest of consishmcy in their applic<<ton stBtewide.
Thisinterpretaffon ;s informa', non-binding and subject to acceptance and approVIIII by the local building official.
Agenda Item No. 16A5
September 15, 2009
Aifiruhirlel1t16C"
FLORIDA BUILDING COMMISSION
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:
. To Approve Agenda and minutes
. To Consider/Decide on Declaratory Statements
. To Consider other business from the public and Committee
Code Administration T AC: .................................... .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
,- Toe Bigelow - 850-922-9] 60 - joe.hi gelowiddca.state. fl.us
110 Madani - Manager - 850-921-2247 - mo.madani@dea.state.fl.us
Agenda Item No. 16A5
September 15, 2009
Amwhme>>t1 ec"
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
Agenda Item No. 16A5
September 15, 2009
Page 13 of 18
Attachment "C"
Issue: DCA09-DEC-121 by Robert Dunn of Collier County Building Department. The
Petitioner is requesting clarification regarding Section 105.1 and 105.2 regarding whether
an application for a permit is required when a gas or electric water heater is replaced,
relocated..Etc. The Petitioner's specific question is as follows:
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 without filing for an
application for a permit.
Background:
(1) Situation: It is the contention that since the word "water heater" is not
specifically mentioned in Section 105.1 and 105.2 the replacement and new
installation of water heaters should be exempted. It is the BO's interpretation this
is work that requires permits and inspections due to the potential danger should
these appliances be improperly installed, a final technical inspection should be
performed by a licensed technical professional from the local building
department.
According to the Petitioner, the Collier County Board of County Commissioners
has not adopted a local amendment to the 2007 Florida Building Code as per
section l02.2.5.
(2) 2007 FloridaBuilding Code, Chapter 1: Administration
105.1 Required. 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, shaH first make application
to the building official and obtain the required permit.
105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code. Permits shall not be required for the following:
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Agenda Item No. 16A5
September 15, 2009
Page 14 of 18
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Stearn, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any part which does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal or metering of any load management
control device.
Plumbing:
1. The stopping ofleaks in drains, water, soil, waste or vent pipe provided, however,
that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective
and it becomes necessary to remove and replace the same with new material, such work
shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and
the removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures.
102.2.5 Each enforcement district shall be governed by a board, the composition of which
shall be determined by the affected localities. At its own option, each enforcement district
or local enforcement agency may promulgate rules bTfanting to the owner of a single-
family residence one or more exemptions from the Florida Building Code relating to:
1. Addition, alteration or repair performed by the property owner upon his or her
own property, provided any addition or alteration shall not exceed 1,000 square feet (93
m2) or the square footage of the primary 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.
Agenda Item No. 16A5
September 15, 2009
Page 15 of 18
3. Building and inspection fees.
Each code exemption, as defined in this section, shall be certified to the local board 10
days prior to implementation and shall be effective only in the territorial jurisdiction of
the enforcement district or local enforcement agency implementing it.
Staff recommendation:
Question:
Is it the intent of2007 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 without filing for an application for a permit.
Answer:
No. As per Section 105.1, a permit is required for the level of work in
question.
Atta~u.Q'il1.EafTl.ftl.o,.,16A5
~~~M~erl+!5, 2009
Page16of18
STATE OF FLORIDA
BUILDING COMMISSION
In the Matter of
COLLIER COUNTY BUILDING
REVIEW AND PERMITTING
DEPARTMENT
Case #: DCA09-DEC- I 21
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
in the petition, the material subsequently submitted and the subsequent request by the
Petitioner, it is hereby ORDERED:
Findines of Fact
1. The petition is filed pursuant to. and must confOnl1 to the requirements of Rule
28-105.002. Florida Administrative Code.
2. The Petitioner is an agency of Collier County and cnj()rces 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 \vater healers. Collier County has no ordinances ()r rules
restricting application of the Code related to watcr heaters.
4. The Petitioner inquires whether replacement of a gas or electric water heater
requires a bui Iding permit under the requirements of the Florida Building Code?
Agenda Item No. 16A5
September 15, 2009
Page 17 of 18
Conclusions of Law
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
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 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.1 10(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.
Agenda Item No. 16A5
September 15, 2009
Page 18 of 18
DONE AND ORDERED this
01'____, 2008, in Coral Gables,
Miami-Dade County. State of Florida.
H
Raul L. Rodriguez. AlA, Chair
Florida Building Commission
Department of Community Affairs
Sadowski Building
2555 Shumard Oak Blvd.
Tallahassee. FL 32399-2100
CERTIFICATE 01<' SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the
following by the method indicated on this __ day of___, 2008.
PAULA P. FORD
Commission Clerk
Via V.S. Mail
Via Hand Deliverv
Robert Dunn
Building Director
Collier County Building
Review and Pem1itting Department
2800 North Horseshoe Drive
Naples. Florida 34104
Mo Madani. C.B.O. !\lanager
Codes and Standards Section
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee. FL 3239G-21 00