Agenda 03/19/2007 W
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AGENDA
March 19, 2007
9:00 a.m.
BCC- Fire Commissioners Joint Workshop
3'. Floor Boardroom
W. Harmon Turner Building
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING,
SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES
UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE
ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
RECORDS DEPARTMENT.
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND 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 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Overview of the governing statutes and existing conflicts in the Florida Building Code
and the Florida Fire Prevention Code related to life-safety, building code construction,
and inspections.
3. Overview of the duplication of plan review effort between the Collier County Building
Review and Permitting Department and Collier County Fire Code Official's Office
4. Discussion of the requirement under statute to eliminate duplication of effort in plans
review and inspections.
5. East Naples Fire Control and Rescue District Requested Issues
. Phased permitting/start work early letters
. Lifting North Naples Fire District red tag issue
. Building Department issuing a Certificate of Occupancy (CO) without Fire
approval
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6. Review of the methods for adopting a local amendment to the Florida Fire Prevention
Code as defined in state statute,
7. Discussion as to whether Collier County should of the repeal Ordinance 2005-32.
8. ALS Engine Program
9. Public Comment
10. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
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EXECUTIVE SUMMARY
Joint Collier County Board of County Commissioners and East Naples Fire Control and
Rescue District Workshop to review issues and concerns related to fire review and
inspections associated with the building plan review and permitting process and the
application of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the
Collier County Fire Prevention and Protection Code pertaining to adopted standards and
codes of the National Fire Code published by the National Fire Protection Association
(NFPA)
OBJECTIVE:
To provide the Board of County Commissioners (Board) and the East Naples Fire Control and
Rescue District background information related to the schedulcd issues below that will be
discussed at the joint workshop.
1. Overview of the governing statutes and existing conflicts in the Florida Building Code
and the Florida Fire Prevention Code related to life-safety, building code construction,
and inspections.
2. Overview of the duplication of plan review effort between the Collier County Building
Review lmd Permitting Department and Collier County Fire Code Official's Office.
3. Discussion of the requirement under statute to eliminate duplication of effort in plans
review and inspections.
4. Review of the methods for adopting a local amendment to the Florida Fire Prevention
Code as defined in state statute.
5. Discussion as to whether Collier County should repeal Ordinance 2005-32.
BACKGROUND:
Prior to the State adopting the statewide Florida Fire Prevention Code, the Fire Code Official for
Collier County, an employee of the East Naples Fire Control and Rescue District, deemed it
necessary to provide for specific local regulatory requirements in the Collier County Fire
Prevention and Protection Code and as such, created a local ordinance to establish local fire and
life-safety codes. That ordinance was vetted through the Development Services Advisory
Committee, subsequently approved by a vote of 5-0 by the Board as Agenda Item SC on October
S, 2002, and then codified as Chapter 5 S in the Collier County Code of Laws and Ordinances.
The code was subsequently amended on June 2S, 2005, Agenda Item 170, as Ordinance 2005-32
to comply with tne fire codes mandated by the 2004 Florida Fire Prevention Code. A copy of
Ordinance 2002-49 and Ordinance 2005-32 and the supporting executive summaries that
proffered these amendments before the Board are attached as Attachments I through 4.
At the February 13, 2007 Board of County Commissioners meeting, the Board, after a brief
discussion on Item SC, a request to repeal Collier County Ordinance 2002-49, as amended by
Ordinance 2005-32, directed that the request for repealing the fire code ordinance along with
related fire review and permitting matters be scheduled as topics of discussion for the upcoming
scheduled joint workshop between the Board and the Fire Control and Rescue District. The
request to repeal the ordinance was initiated by staff after detailed discussions by the Board
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related to Agenda Item l6E3, a recommendation to approve budget amendments for the
Courthouse Annex Parking Garage, Project 520 I 0, in the total amount of $400,000 during the
November 28, 2006 Board of County Commissioners (BCC) regular meeting.
Prior to initiating the request to repeal the local ordinance and under the direction of the Board,
County Manager Jim Mudd first sent the attached letter (Attachment 5) to Commissioner
Thomas G. Cannon, Chair, East Naples Fire Control and Rescue District Board, requesting that
the ordinance be amended and that the amendment be vetted through the DSAC and
representatives of the Collier Building Industry Association (CB1A) prior to scheduling the
ordinance for Board review and approval. In addition, with this revision, pursuant to Statute
633.0215(3), Mr. Mudd respectively requested that prior to adoption by the Board, the Fire
District submit the proposed amendment to the State Fire Marshal for review and for a
recommendation as to whether it should become part of the Florida Fire Prevention Code
applicable only tu the unincorporated areas of Collier County. While not contained in Mr.
Mudd's letter to Commissioner Cannon, staff also recommended that any local amendment to the
Florida Fire Prevention Code be reviewed and approved by the Florida Building Commission
pursuant to State Statute 553.73.
Buildinl!. Review and Permittinl!.
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Issue I - The authority of the Building Official is established under 9468.604 and 9553.79,
Florida Statutes: the authority of the Fire Code Official is established under 9633.121, Florida
Statutes and Rule 69A-60, Florida Administrative Code. Additionally, 9553.79, Florida Statutes,
specifically requires that no permit be issued until reviewed and found compliant by the Building
Official and the Fire Code Official with regard to the respective governing codes. There are
many sections of both codes that govern the same safety issue; i.e. means of egress, types of
occupancy, exit illumination, sprinklers and alarms. While it is the intent of the Legislature that
there is no conflict between the Florida Building Code and the Florida Fire Prevention Code,
there is no cleal direction on when the governance of one code shall have precedence over the
other, with respect to the related sections. The only direction given regarding the matter is
language to the effect stating, "When a conflicl arises between the codes, the conflict shall be
resolved by enforcing the code with Ihe highest/eve/ of/ife safety."
Issue 2 - Without clear direction within the language of the statutes regarding precedence of the
codes, many items which are included in both codes result in duplicate plans review comments,
as plans reviewers for the Building Code and plans reviewers for the Florida Fire Prevention
Code perform their respective reviews with diligence. This causes confusion and frustration for
the permit applicant and the design professional and results in duplicativc efforts and
inefficiencies for the Building Deparlmcnt and the Fire Code Official's staffs. This also results
in delays in the issuance of the permit when thc permit applicant is being required to resubmit
plans addressing the reviewers' comments. For example, a rcsubmittal response may resolve one
reviewer's comment, but if not addressed to the duplicate review comments it may result in
another rejection.
Issue 3 - As noted earlier, it is the intent of the Legislature that the interrelated sections of the
Florida Building Code and the Florida Fire Prevention Code do not result in duplicative effort.
. Specifically, Florida Administrative Code 969A-60.007, Enforcement of the Florida Fire
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Prevention Code. states:
(1) SeClion 63.1.025, FS., provides thai each municipality, county, and special districl with
firesafety respol1sibililies is required to enjhrce Ihe Florida Fire Prevention Code. Such
enjhrcement reqUires inspection of each new building su~;ect to Ihe Florida Fire Prevention
Code and includes periodic inspections of each existing building subject to the Florida Fire
Prevenlion Code.
(2) The Florida Fire Prevenlion Code conlains several provisions and requirements that may
interrelate with the Florida Building Code. 11 is not the intenl of the Florida Fire Prevention
Code that such inlerrelalion result in duplicate reviews and inspections by either the firesafety
official or the building official. The authority having jurisdiction over firesafety is responsible
for enforcement of the Florida Fire Prevention Code hereof and should discharge its
obligation in a manner that does not expose those regulated to unnecessary or unnecessarily
expensive duplication of effort. To that end, the authority having jurisdiction over firesafety is
directed to clear(v delineate responsibility for enforcement of the Florida Fire Prevention
Code...
At present, no clear deliniation of responsibility has been promulgated that will prevent this from
occuring. It would be appropiate for a local advisory board, in cooperation with the Building
Department and the Fire Code Official's Office, to develop plans review protocols that would
eliminate such expensive, UfilleCeSStlry and duplicative efforts.
Local amendments to the Florida Fire Prevention Code
With adoption of the Florida Fire Prevention Code (FFPC), Chapter 69A-60, Florida
Administrative Code, local governments were severely rcstricted in their ability to adopt local
amendments and variations. The legislative intent was to adopt a statewide unified Building
Code and Fire Prevention Code, and to minimize the number of local variations to them. (Section
58, Chapter 98-287, Laws of Florida). The legislature did provide tIuee methods for local
governments to amcnd the Florida Fire Prevention Code, S633.0215(3), S633.02l5(10) and
S633.025(4). In all cases the local amendment must be more stringent, that is, it must provide a
higher degree of life-safety, than the Florida Fire Prevention Code.
I. Method I: ~633.0215(3) -- Submission to State Fire Marshal, Rejection by State Fire
Marshal, Adoption by Local Government. Every three years the State Fire Marshal
must adopt the most current edition of NFPA I and NFPA 101 in the Florida Fire
Prevention Code. (see ~633.02]5(1)). In doing so, the State Fire Marshal is directed to
consider proposed local and regional amendments to the Florida Fire Prevention Code to
determine which can be adopted as local and regional amendments if in the best interest
of the State as a whole. (see S633.0215(3)(a)-(c)). Under this method, the local
government would:
a. Submit the proposed amendment to the State Fire Marshal, and
b. Have the State Fire Marshal accept or rejcct it.
c. If the State Fire Marshal accepts it, it becomes part of the Florida Fire Prevention
Code, but only applicable to the local city, county, or regions which proposed it.
If the State Firc Marshal rejects the local amendment, the local government may proceed
to adopt it as its own local variation of the Florida Fire Prevention Code. The local
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government then adopts the ordinance as it would any other local ordinance. There is no
record of Collier County having submitted any of its proposed amendments to the State
for review and approval. In addition, please note that this method may only be used
during each triennial review. The next triennial review is scheduled to occur in 2008 and
any submittals for consideration in this cycle were due to the state by February 27, 2007.
The County staff is not aware of any application submitted to the State for the upcoming
2008 cycle review.
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2. Method []: ~633.0215(1O) -- Amendment Must Meet 1 of 3 Statutory Requirements.
If the local government adopts a local amendment under this subsection, its local
amendment is not reviewable by the State Fire Marshal, nor does it sunset every three
years. It continues in force until the local government repeals it. To adopt a local
amendment under this subsection, the local ordinancc must meet one or more of the
following criteria:
a. The local authority has adopted, by ordinance, a fire service facility and operation
plan that outlines goals and objectives for related equipment, personnel, and
capital improvement needs of the local authority related to the specific
amendment for the next 5 years.
b. The local authority has adopted, by ordinance, a provision requiring proportionate
reduction in, or rebate or waivers of, impact or other fees or assessments levied on
buildings that are built or modified in compliance with the more stringent fire-
safety standards required by the local amendment; or
c. The local authority has adopted, by ordinance, a growth management plan that
requires buildings and structures to be equipped with more stringent fire-safety
requirements required by the local amendment when these fire-safety
req uirements are used as the basis for pi arming infrastructure development, uses
or housing densities.
If the local ordinance meets at least one of these criteria and provides a higher degree of
life-safety than the Florida Fire Prevention Code, the local government may adopt it as a
local ordinance and transmit it to the State Fire Marshal. The State Fire Marshal simply
"publishes it to" the Florida Fire Prevention Code, but such publication does not indicate
approval by the State Fire Marshal. Again, the local government's normal ordinance
adoption processes may be used. The current Collier County ordinance does not meet
any of the above criteria and as such is deemed not to have been adopted under this
method.
3. Method III: ~633.025( 4) -- Specific Statutory Procedures & Appeals. If the local
government chooses this method, the following procedures apply:
a. The local governing body shall determine, following a public hearing which has
been advertised in a newspaper of general circulation at least 10 days before the
hearing, if there is a need to strengthen the requirements of the minimum fire-
safety code adopted by such governing body.
b. The determination must be based upon a review of local conditions by the local
governing body, whose review demonstrates that local conditions justify more
stringent requirements than those specified in the minimum fire-safety code for
. the protection of life and property or justify requirements that meet special
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situations arlSlng from historic, geographic, or unusual conditions. Such
additional requirements shall not be discriminatory as to materials, products, or
construction techniques of demonstrated capabilities.
c. Paragraphs (a) and (b) apply solely to the local enforcing agency's adoption of
requirements more stringent than those specified in the Florida Fire Prevention
Code and the Life Safety Code that have the effect of amending building
construction standards. Upon request, the enforcing agency shall provide a
person making application for a building permit, or any state agency or board with
construction-related regulation responsibilities, a listing of all such requirements
and codes.
d. A local government which adopts amendments to the minimum fire-safety code
must provide a procedure by which the validity of such amendments may be
challenged by any substantially affected party to test the amendment's compliance
with the provisions of this section.
i. Unless the local government agrees to stay enforcement of the
amendment, or other good cause is shown, the challenging party shall be
entitled to a hearing on the challenge within 45 days.
n. For the purposes of such challenge, the burden of proof shall be on the
challenging party, but the amendment shall not be presumed to be valid or
invalid.
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Essentially, the local fire code, Collier County Ordinance 2002-29 as amended by Ordinance
2005-32, was adopted under Method 111. As previously noted the current ordinance was vetted
through the Development Services Advisory Committee and subsequently approved in a public
hearing by a vok of 5-0 by the Board on October 8, 2002 and subsequently amended and
approved by the Board on June 28, 2005.
Staff believes tnat the Collier County Fire Official must demonstrate that the local conditions
justify the more stringent requirements and/or special conditions exist to justify that the
ordinance remain 10 effect. Nothing historical, geographic or otherwise special in Collier County
exists as required by FS 633.025(4). The most contentious issue in this ordinance is the mandate
for fire flow stlmdards. The Collier County Building Official believes that the amendment
regarding fire flow would have to be done jointly with an amendment to the Florida Building
Code to be fully enforceable. Lastly, tne State Fire Marshal discourages adoplion of local
amendmenls, as does the Florida Fire Prevention Code, unless they are truly needed because of a
unique feature 0 f a local area. In summary:
1. If these 'illlendments are as important as claimed and considering that they have been in
effect for 5 years, why hasn't the local fire official forward the recommendations and
requirements in the ordinance to the State for inclusion in the triennial update in 2005 or
for 2008')
2. Likewise, being these are deemed critical, why didn't the local fire official propose an
amendment to the Growth Management Plan during the recent Evaluation and Appraisal
Report as recommend under FS 633.0215(10)?
3. What is so unique in this area of the state to warrant the additional protective measures?
4. Considering the additional protective measures are required, is there a commensurate
. reduction in the assessed fire impact fees?
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FISCAL IMPACT:
The total present worth costs to upgrade the Potablc Water System to meet Fire Flow
requirements as mandated in Ordinance 2005-32 is $12,144,000, which represents $6,263,000 in
construction cost and $5,881,000 in increased operating costs over 20 years. The water
transmission system, as it is designed and planned, currently meets the County's level of service
standard and State Fire Code requirements. See the attached report from the consultant on the
cost to upgrade tne High Service Pumps to provide the increased pressure.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSmERATlON:
Florida Statull, Title XI County Organization and Intergovernmental Relations, Chapter
125, County Government, Part 1, COUNTY COMMISSIONERS: POWERS AND
DUTIES, Section 125.56 -- Enforcement and amendment of the Florida Building Code and
the Florida Fire Prevention Code; inspection fees; inspectors; etc.-
(1) The board a/county commissioners of each oflhe several counlies of the state is authorized
to enforce the Florida Building Code and the Florida Fire Prevention Code, as provided in ss.
553.80. 633.02., and 633.025. and, at its discrelion, 10 adopt local technical amendments to the
Florida Building Code, pursuant to s. 553. 73(4)(b) and (c) and local technical amendments to
the Florida Fire Prevention Code, pursuanllo s. 633. 0215. to provide for the safe conslruclion,
erection, altera/ion. repair, securing, and demolition of any building within its territory outside
the corporate limits of any municipality. Upon a delermination to consider amending the Florida
Building Code or the Florida Fire Prevention Code by a majorily (}f Ihe members of the board of
county commissioners of such county, Ihe board shall call a public hearing and comply with Ihe
public notice requiremenls of s. 125.66(2). The board shall hear all interested parties at the
public hearing and may Ihen amend the building code or Ihe fire code consistent with the terms
and purposes of this acl. Upon adoption, an amendment 10 the code shall be in full force and
effect Ihroughoul Ihe unincorporated area of such county unlil otherwise notified by the Florida
Building Commission pursuanl to s. 553.73 or Ihe State Fire Marshal pursuant to s. 633.0215.
NOlhing herein contained shall be construed to prevenllhe board of county commissioners from
repealing such amendmenl to the building code or the fire code al any regular meeling of such
board.
Florida Statute Title XXXVII Insurance, Chapter 125, Fire Prevention and Control,
Section 633.0125 - Fire Prevention Code
(10) Notwithstonding other provisions of this chapter, if a county or a municipality within that county
adopts an ordinance providing for a local amendment to the Florida Fire Prevention Code and
that amendment provides a higher level of protection to the public than the level specified in the
Florida Fire Prevention Code, the local amendment becomes effective without approval of the State
Fire Marshal and is not rescinded pursuant to the provisions of this section, provided that the
ordinance meets one or more of the following criteria:
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(a) The lacal authority has adopted, by ordinance, a fire service facilities and operation plan that
outlines goals and objectives for related equipment, personnel, and capital improvement needs
. of the local authority related to the specific amendment for the next 5 years;
(b) The local authority has adopted, by ordinance, a provision requiring proportionate reduction
in, or rebate or waivers of, impact or other fees or assessments levied on buildings that are built
or modified in compliance with the more stringent fire-safety stondards required by the local
amendment; or
(c) The local authority has adopted, by ordinance, a growth management plan that requires
buildings and structures to be equipped with more stringent fire-safety requirements required by the
local amendment when these fire. safety requirements are used as the basis for planning
infrastructure development, uses, or hausing densities.
RECOMMENDATION:
That the Board and the Fire Control and Rescue District Board provide staff guidance on how to
proceed regarding the enforcement of the local amendment to the fire code, Ordinance 2005-32,
and the related issues regarding fire review and permitting.
Prepared by:
Joseph K. Schmitt, CDES Division Administrator
Bill Hammond, Director, Building Review and Permitting Department, Collier County Building Official
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Joint Collier County Board of County Commissioners and the
East Naples Fire District Workshop
Comments Regarding The Executive Summary
After reviewing the Executive Summary and considering the history leading to the
Workshop, it is clear that two circumstances have led to the present situation. The first
circumstancl' is related to the Courthouse parking garage and the expense related to the
need to install sprinklers. The second circumstance is a feeling, perhaps, that permits are
being unduly delayed as a result of the requirement for review by the Fire Code Office,
and the results of those reviews.
It is my plan to discuss both of these matters in this response. My concern is that the
Executive Summary, together with other matters provided to the Commission by staff,
may have led Commissioners to believe that these situations were somehow caused by
the Local Amendments to the Fire Code. This may also have led to the belief that
eliminating the Local Amendments would remedy the concerns some may have regarding
these matters.
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Repeal of the Local Amendments would have no effect on either circumstance. In fact
had the Local Amendments not been in effect at the time of permitting for the parking
garage, the garage as constructed would still have been subject to the fire flow
requirements and a fire sprinkler system would have been required. This is a requirement
ofNFPA 1 -- IS.3.1, the only effect of the Local Amendment is to provide an objective
formula for the convenience of architects, developers, etc. to allow them to determine in
advance what must be done to comply with the State wide requirement.
Issues 1,2 & 3 of the Executive Summary all appear to deal with concerns that the need
for fire official inspection of building plans is somehow improperly delaying the issuance
of permits for constructions. Fire official review and approval of such plans is
REQUIRED by State law, most notably Chapter 633 Florida Statutes. Dual review by
the Building Official and the Fire Official is exactly what is contemplated by Chapter 633
and 553 Florida Statutes. Further, both Chapters provide clear procedures for resolving
potential conflicts between the requirements of both sets of requirements, which are not
discussed in the Executive Summary.
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Issue I of the Executive Summary that "there are many sections of both codes that
govern the same safety issue: i.e. means of egress, types of occupancy, exit illumination,
sprinklers and alarms. While it is the intent of the legislature that there is no conflict
between the Florida Building Code and the Florida Fire Prevention Code, there is no
clear direction on when the governance of one code shall have precedence over the other,
with respect ttlthe related sections. The only direction given regarding the matter is
language to the effect stating, "When a conflict arises between the codes, the conflict
shall be resolved by enforcing the code with the highest level of life safety.""
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Although it is the intent of the legislature that there be no conflicts between the two codes
there is direction to resolve conflicts. FS 553.73 (I)(d) clearly recognizes that there are
and will be conflicts between the codes by setting a process to address such situations at
the State level. FAC 69A-60.007 (4)(b)(J) references FS 553.73 (1)(d).1 believe that
direction is clear.
Additionally F AC 69A-60.007 (4)(b)(2) refers to FS 553.73 (9) (a)-(f) relating to conflict
resolution for a specific project. Again 1 believe this is clear.
The Executive Summary indicates that many sections of both codes govern the same
safety issue. Although this is true each codes' approach is different and DIFFERENCES
between the codes do exist. The Florida Building Commission acknowledged this, as well
as the fact that there will always be differences between the two codes, because of each
codes approach to safety, as recently as their February 7, 2007 meeting in Tampa. They
also expressed that some duplication is not a bad tbing.
Issue 2 of the Executive Summary indicates that duplicative review comments causes
confusion and jrustration for the permit applicant and the design professional.
How could the same comment from two reviewers cause confusion and frustration for
anyone?
Should we issue permits that are NOT in compliance with the codes?
The applicant is required to comply with both the Fire Prevention Code and the Building
Code.
The real problem is when the Fire reviewer rejects an application and the Building
reviewer approves the application even though the item or items rejected by the Fire
reviewer are also a violation of the Building code (redundant requirements). Why are
these code deficiencies not listed as rejection comments by the building reviewers?
That's when my office hears" Well, then why did the building department approve it" or
"the building dqJartment approved it, you are holding us up". Once again the Fire Code
Office is the bad guy. The real problem is that the Building Department on occasion
approves plans that do not meet the necessary codes. When this occurs, one oftwo things
can occur, either an unsafe building is built or my office identifies the deficiency and
requires that it be corrected. The Fire Code review is surely not a duplicate of the
Building Department review, but does illustrate what the Building Commission meant
when they expressed that not all duplication is bad.
Issue 3
There is very little duplicative effort.
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The Building and Fire Codes are not identical. Just because some requirements are the
same in botn codes does not mean that they are always the same for different occupancies
or under fire sprinklered conditions.
We have addressed the issuc of duplication in the areas of Fire Alarms, Fire Sprinklers
and 61 G 15 Engineering reviews, as well as several inspection issues.
The inspection issue was address both in the interloca1 agreement between the Fire
Districts and the County providing for the Fire Code Office and the past Building
Official. Howc'ver the new building official has since required his staff to provide
duplicative inspections of some ofthe items listed in the interlocal agreement.
1 would also like to point out that Mr. Hammond recently brought the issue of issuing
Phased permit, without our approval to the local Board of Appeals and Adjustments. Mr.
Hammond argued that our approval would constitute unneeded duplication. The Board
found in our favor and the Building Official has been instructed that the plans must meet
our approval pdor to the issuance of a permit. This complies with FS 553.79(2).
Additionally, the County is currently issuing some permits without first collecting the
required impact fees, as is required by the interlocal agreement between the County and
the Independent Fire Districts relating to impact fee collection.
Local Amendments (Issue 4)
The Fire Districts did in fact elect option 111 as this was recognized by a former County
attorney as being the only option for us due to timing issues
During the adoption process for both County Ordinance 2002-49 and County Ordinance
2005-32, we conducted open, advertised meetings prior to the public hearings the County
conducted to hear concerns and answer any questions the public may have. We exceeded
the States' requirement on the number of meetings conducted. The County's legal
department elfectively drafted 2002-49, verifying legal defensibility. They were also very
active in the process to adopt 2005-32. Where were your concerns then? 1 admit Bill had
a couple of concerns, that the County Attorney's office determined were not valid.
Additionally, aJter local adoption, the Florida Building Commission reviewed the
document to verify that it did NOT conflict with the Building Code, which was Bill's
concern. Thc Florida Building Commission determined the Local Amendments did not
conflict with the Building Code.
If staff has a concern they should refer to FS 633.025( 4)(d) "For purposes of such
challenge, the burden of proof shall be on the Challenging party"
Questions posed in the Executive summary:
1. 1fthese amendments are as important as claimed and considering that they have
been in effect for 5 years, why hasn't the local fire official forwarded the
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recommendations and requirements in the ordinance to the state for inclusion in
the tliennial update in 2005 or for 2008?
Good question!
First, the fire official works for the Fire Districts of Collier County and proceeds, as
they deem appropriate. There are three legal methods to enact local amendments and
the question infers that because of the method chosen that the amendments are not
important. An assertion Mr. Schmitt is not qualified to make. This method was
chosen for 2002-49 due to timing issues as noted above. However, although the
suggested method would have been easier for the adoption of2005-32, if we didn't
want to adapt to local conditions, it would have been more difficult to change as
conditions change. The process we chose allows us flexibility to change our local
requirements as conditions in our area changc without going back through a more
cumbersome process. To see the need for this flexibility, one only has to look at the
two amendments to see a large reduction in local amendments in 2005-32 as
compared to 2002-49.
2. Likewise, being these are deemed clitical, why didn't the local fire official
propose an amendment to the Growth Management Plan during the recent Evaluation
and Appraisal Report as recommended under FS 633.0215(1O)?
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Again we chose the option provided for in FS 633.025(4) not the options allowed in
sections 633.0215(3) or 633.0215(10). We chose this option for the reasons listed
above.
As noted there are three methods for adoption oflocal amendments, there is no need
to further defend the method chosen. Each is legally valid.
2. What is so unique in this area ofthe state to warrant the additional protective
measures?
You will have to be more specific. There are different reasons for different
requirements. However, ifthere is a need to change the current Amendments, it
seems unwise to repeal the Local Amendments and then decide if they provided
important protections to the people of Collier County. It would seem a better
procedure and safer for Collier County citizens to consider the provisions in the Local
Amendments and to discuss and consider specific changes thoroughly. The current
course of action could endanger Collier County citizens needlessly, and as mentioned
abovc will not have any impact on the two circumstances of evident concern to the
Commission.
3. Considering the additional protective measures required, is there a commensurate
reducti 011 in the assed fire impact fees?
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Again mixing apples and oranges. The short answer is no and there is no requirement
to provide that reduction. That requirement is only applicable if you choose the option
outlined in FS 633.0215(10) or if a requirement to provide fire sprinkler protection
for one or two family dwellings was enacted.
Fiscal Impact
You must keep up with growth. Just a few short years ago the State stepped in to require
additions to the potable water system. The County can't or won't keep up with growth.
You seem to filrget that the Fire Districts must provide an acceptable level of protection
to the community. What happened to the millions of dollars in water impact fees that
have been collected?
Generally, operating costs are recouped through user fees; an expansion of the system
would add users, spreading the cost. Additionally, the water problem with the parking
garage is due to the City of Naples lack of supply to the area. This is a problem
throughout tnat part of the county.
The Executive Summary states; "The transmission system, as it is designed and pi armed,
currently meets the County's level of service standard and the State Fire Code
requirements". Could you provide the State Fire Code requirements that the County's
level of service currently meets, and could you show me the field tests and studies
conducted throughout the system that back up this claim? The public utilities depar1ment
has stated that the only requirement they must meet is to provide potable water to the
consumer at a minimum of 20 psi, and that they have NO requirement to provide water
for fire protection. The public utility department determines the amount of potable water
required by plumbing fixture count and meter sizing.
Have you allowed for future unknown growth or even allowed for anticipated growth,
such as currently approved but undeveloped SOP's?
Staff does not understand two clearly and distinctly different issues and continues to
address them as one issue.
The two issues are Minimum Fire Flow requirements for a specific building, and the
hydraulic design requirements for fire sprinkler systems.
The minimum fire flow requirement is a formula based on the Insurance Services
Organization fOlmula. This formula takes many factors into consideration, such as;
Building constmction type, total square footage, occupancy hazard, exposure distance
and fire sprinklers. The insurance industry uses such analysis to determine risk and
ultimately if a structure is an acceptable risk and at what premium. Numerous people
have had their insurance canceled due to lack of water supply.
The minimum fire flow requirements are usually met, through available fire flow,
changing the building construction type to a more fire resistive one or by installation of a
.
fire sprinkler system. The last two options reduce the required flow. When there is still a
deficiency tile Fire Districts have, on a case-by-case basis, worked with the developer and
have accepted an augmented supply either through draft hydrants, storage tanks, tanker
shuttles or some other means of mitigation. I cannot think of a single project or building
that was not built as a result of inadequate water supply.
The fire sprinkler system is a completely different animal. This is an automatic system
that is hydraul ically designed to provide a minimum amount of water over a specific
square footage area of a building at a minimum pressure. The available water supply is
critical to the successful operation of these systems. NFPA 13 section 15.2.1.2 states:
"The volume and pressure of a public water supply shall be determined from waterflow
test data. An adiustment to the waterflow test data to account for daily and seasonal
fluctuations. possible interruption by flood or ice conditions. laree simultaneous
industrial use. future demand on the water supply svstem. or other condition that
could affect the water supplv shall be made as appropriate."
.
The design community did not know how to address these conditions, specifically
seasonal fluctuations that do occur almost every year. Meetings with County Public
Utilities staff were not successful in addressing these issues either. Therefore we use an
extrapolated lire flow formula to try to insure that the majority of the fire sprinkler
systems installed will operate as designed under most anticipated situations. The process
is identical to the process used by Bonita Springs and similar to numerous other processes
throughout the state. As mentioned above, the formula in the Local Amendments do not
CREA TE the requirement that there be adequate flows, rather they simply provide an
objective fOIDlllla to make the determination.
This too is a compromise based on cost to the developer, if we were to design systems to
the known worst-case situation, most fire sprinkler systems would require a fire pump.
This would COSI at least $15,000.00 per building to install and hundreds of dollars each,
per year to maintain. Considering this, the upgrades the public water system doesn't
sound so bad. Again it's the Fire Service who is compromising and trying to be creative
in providing our fire protection services.
In closing, there are several points that need to be stressed:
2.
3.
4.
5.
i. 6.
I. FS 633.121 gives the Fire Chief within their respective District authority to
enforce the Fire Codes. The County has that authority only in the areas of the
Dependant Districts.
With or without the amended codes water flow requirements remain.
The origmal ordinance was enacted to provide uniformity of fire code
interpretation throughout the County. This has been largely accomplished.
Each Independent District has the right under Florida Statute to adopt local
amendments to the Florida Fire Prevention Code.
Adoption oflocal amendments by each Fire District could result in as many as
seven different Fire Codes in Collier County.
Repeal of the ordinance could put some citizens of Collier County at a higher risk.
.
Prepared by:
Edward J. Riley, Fire Code Official
For
Thomas G. Cann\)n
Chairman, East Naples Fire Control and Rescue District
Ie
.
Attachment 2
~7D
EXECUTIVE SUMMARY
RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE CODE OF
LAWS AND ORDINANCES OF COlLIER COUNTY, FWRIDA, AS ADOPTED BY
ORDINANCE NUMBER 02-49 mE COlLIER COUNTY FIRE PREVENTION AND
PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND
PROTECTION, ARTICLE n, FIRE SAFETY STANDARDS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION S8-26,
PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE
CODES PUBUSHED BY mE NATIONAL FIRE PROTECTION ASSOCIATION
(NFPA); AMENDING SECTION 58-27, PERTAINING TO AMENDMENTS TO
ADOPTED FIRE CODES, SPECIFICALLY NFPA I, 2003 EDITION; REPLACING
SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY
CODE, SPECIFICAlLY NFPA 101, 2003 EDITION, PROVIDING FOR THE
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECfIVE DATE.
OBJECTIVE:
To obtain Board of County Commissioner approval of an ordinance which adopts local
amendments to the Florida Fire Prtlvention Code and directing staff to complete the process to
make the amendment effective.
CONSIDERATION:
The State of Florida has updated the statewide Florida Fire Prevention Code with an effective
date of January )11, 200S. This update brought with it a "Sunset" provision, which effectively
repealed the Collier County Fire Prevention and Protection Code created by local ordinance, Prior
to the State updating of the Florida Fire Prevention Code. Collier County had deemed it necessary
to provide for specific local regulatory requirements in the Collier County Fire Prevention and
Protection Code based on the particular needs of Collier County. In order to re-introduce the
previous local regulatory requirements. the statewide Florida Fire Prevention Code also provide a
procedure for local governments to adopt local amendments by ordinance.
By directing staff to comply with the balance of the requirements for adopting local amendments
to the Florida Fire Prevention Code. and adopting the proposed ordinance. the County would
restore the level of fire protection deemed reasonable for Collier County and the affected Fire
Districts. In addition to the local amendments, the proposed ordinance would also consolidate a
majority of the Fire Code requirements for new development into one regulation. This would
simplify fire plan review and ease the development community's compliance with the applicable
regulations.
The Development Services Advisory Committee has reviewed and approved the adoption of this
ordinance.
FISCAL IMPACT:
By re-adopting the local amendments the County would largely re~create the previously effective
regulations, which should not result in any overall fiscal impact.
~7D
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the Growth Management Plan.
RECOMMENDATION:
Approve the Proposed Ordinance and direct staff to complete the process required to make it
effective.
Prepared By:
'0
Date: S'. 2 '/. (J ~
. Ed Riley. COl1ierS",~n: Code 9!Ji"ial
ReVleWedBY~~ Date: ..r-Zf-cP.l
Karl Reynolds, fin: M","ha' North Naples fin: District /
Approved By: ~ - /f.-.:-.C.. Date: .J Ii 'I ~ J
.
Nick Biondo, Fire Marshal East Naples Fire District
President, Collier County Fire Marshals' Association
.,' '(1181920
~..... <!T~:
-'Jf" ~ .....-e;
., --.. --<...--
iJ C,\II\. - J : ~ :=9
~. \tW~t\\ ,} ORDINANCE NO. 2005-~ ~f;
~ ~ ~:~;
"'-$>.eZI-~~ AN ORDINANCE AMENDING THE CODE OF LAWS AN!l",",'
ORDINANCES OF COLLIER COUNTY, FLORIDA, AS;~'.
ADOPTED BY ORDINANCE NUMBER 02-49, THE COLLIERgz.;
COUNTY FIRE PREVENTION AND PROTECTION CODE BY>>'"
AMENDING CHAPTER 58, FIRE PREVENTION AND
PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, BY
AMENDING SECTION 58-26, PERTAINING TO ADOPTED
STANDARDS AND CODES OF THE NATIONAL FIRE CODES
PUBLISHED BY THE NATIONAL FIRE PROTECTION
ASSOCIATION (NFPA); AMENDING SECTION 58-27,
PERTAINING TO AMENDMENTS TO ADOPTED FIRE
CODES, SPECIFICALLY NFPA 1,2003 EDITION; REPLACING
SECTION 58-28, PERTAINING TO AMENDMENTS TO THE
ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101,
2003 EDITION; PROVIDING FOR THE INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Attachment 1
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en
WHEREAS, the Board of County Commissioners of Collier County, florida
(Board) has fire safety responsibilities for Collier County; and
WHEREAS, Section 633.025, florida Statutes, subsection (I) establishes the
Florida Fire Prevention Code and the Life Safety Code, as adopted by the State Fire
Marshal as the state minimum code; and
WHEREAS, Section 633.025, florida Statutes, subsection (4) enables a county
with fire safety responsibilities to adopt more stringent fire safety standards or alternative
requirements where, as here, a detennination has been made that there is a need to
strengthen the requirements of the minimum fire safety code adopted and enforced by
Collier County; and
WHEREAS, the Board hereby delennines upon its review of local conditions _
which review demonstrates that local conditions justify more stringent requirements than
those specified in the minimum tire and life safety code for the protection of life and
property or justify requirements that meet special situations arising from historic.
geographic, or unusual conditions M that local amendments to the statewide minimwn
code are needed and will serve a public purpose; and
WHEREAS, as required by Section 633.0215, Florida Statutes, the State Fire
Marshal has recently adopted a new edition ofthe Florida Fire Prevention Code; and
WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly
advertised public hearing was held and all interested persons were affordad the
opportunity to provide any comments; and
WHEREAS, it is necessary to update the Collier County Fire Prevention and
Protection Code to reflect the foregoing matters; and
WHEREAS, the amendments to the statewide minimwn code set forth below are
essential to maintain an established and effective level of fire prevention and protection.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the
Code of Laws and Ordinances of Collier County, Florida, is amended as follows:
Sec. 58-26. Collier County Fire Protection and Prevention Code Adopted.
The standards and Code sections of the "National Fire Codes", as published by the
National Fire Protection Association (NFPA), as adopled by the rules of the Division of
the State Fire Marshal section 4 69A-3.012, 4 69A-60.005 or referenced by the 20oo;!
edition of NFP A I or NFP A 101 and those listed beLow by standard number and edition
and as amended herein, are hereby adopted by reference and made a part of the "Collier
County Fire Pre\'ention and Protection Code," intended to protect the health, safety,
common interest. and convenience of the citizens, visitors, and residents of Collier
County, Florida.
NFP A Code Standard Edition
18 1995
42 -1-99+2002
50A 1999
DescriDtion
Wetting Agents
Storage oj Pyroxylin Plastic
Gaseous Hydrogen Systems
70E 2000 Electrical Safety Requirements for Employee
Workplaces
79 +9'n2002 Electrical Standard/or Industrial
Machinery
97 2000 Glossary of Terms Relating /0 Chimneys and
Vents
170 J.9I)1)2002 Fire Safety Symbols
412 1998 Evaluating Aircraft Rescue and Fire
Figh/ing Foam Equip.
423 1999 Const. and Protection of Aircraft Engine
Test Facilities
513 1998 Molor Freight Terminals
560 .'99-5 S:SMge, llSifli!{.tg WId L~e o{E..h}le,ie
()"ffle
600 2000 Industrial Fire Brigades
601 2000 Security Service in Fire Loss Prevention
801 .'9f18 F.aei.'i:iM HSHfiJi. tg Rss/itule:i:'e } (ate, ia!s
901 2001 Standard Classifications for incident
Reporting
1961 1997 Fire Hose
1964 1998 Spray Nozzles
Sec. 58-27. Amendments to Fire Codes.
The "National Fire Codes, NFP A 1. Fire Prevention Code, ~2003 Edition," is hereby
amended by local amendment as follows:
(A) CHAPTER I ADMfNISTRA nON AND ENFORCEMENT
(I) BOARD OF APPEALS
i) Strike all existing text and amend -l--& 1.10 to
read as foHows:
-141.10 BOARD OF APPEALS
Will operate and be comprised as set forth in the Collier County Land Development
Code, Di/is/on 5.1Chaoter 8.05.00, except that the Collier County Fire Marshal's
Association may recommend those two members one of whom would be an architect or
engineer and one whom must be a fire protection specialist for consideration by the
Board of County Commissioners.
(2) NOTICE OF VIOLA nONS, PENALTIES
i) Amend 1-1-9l~,,1 to read as follows:
1-1-91-6-.;,1 Any person who fails to comply
with the provisions of this code or who fails to
carry out an order made pursuant of this code or
violates any condition attached to a pennit,
approval, or certificate shall be subject to the
penalties established by this jurisdiction.
Nothing herein contained is intended to prevent
the Independent Fire Districts of Collier County
from taking such other lawful action in any
court of competent jurisdiction as the District
deems necessary to prevent or remedy any
violation. Such other lawful action shall include,
but shall not be limited to, any equitable action
for injunctive relief or action at law for
damages. The Independent Fire Districts of
Collier County shall have the power to enforce
the provisions of this Code and ordinWlces by
meWlS of the Collier County Code Enforcement
Boards.
(8) CHAPTER I ADMINISTRATION AND ENFORCEMENT
(1) APPLlC.'.TION Referenced StWldards
i) Amend subsection -I-H 1.3.2.1 10 read as
follows:
-I-H 1.3.2.1 Details regarding processes,
methods. specifications, equipment testing and
maintenance, design standards, performance.
installation, or other pertinent criteria contained
in those standards and codes listed in Chapter';.f.
of this Code Wld those adopted pursUWlt to the
Collier County Fire Prevention and Protection
Code Section 58-26 shall be considered a part of
this code.
ii) Amend S~ubsection ~ 1.3.7 to read as
follows:
~ 1.3.7 Buildings in existence or permitted
for construction prior to the adoption of this
Code shall comply with the provisions stated
herein or referenced for existing buildings
00.3.3 ofNFPA I 2003 edition).
Existing buildings or installations that do not
comply with the provisions of the publications
referenced in ~ 1.3.2, I shall be permitted to
be continued in use, unless the authority having
jurisdiction determines that the lack of
conformity with these standards presents an
imminent danger.
Exception: A limited but reasonable time
shall be allowed for compliance with any part of
this Code for existing buildings, commensurate
with the magnitude of expenditure, disruption of
services, and degree of hazard. Occupied
existing buildings shall cnmply with .J-..9.,2 4.5.4.
(2) OCCUPANCY
ij Amend Ssubsection -l--9.+ 4.5.4 to l'ell<l-a5
folia ,,'s: add condition #4
.J-9:..t ~le ae'l;: esftstnletisft Bf eldstiag sHilaiRg
shall Be eeeapieL:! iR ".hele aT in part ia "'ielatisR
Bf tHe ~Te\i!lieRS sf this Celie aT ether
Bppliesele Callier CellAt)" la'.9 aAEi erEiiFumses
ill All tenants and occupants shall obtain a
"Notice of Fire Compliance" certificate from the
appropriate fire district prior to the occupancy
and use of a new or existing building as
evidence of compliance with the Collier County
Fire Prevention and Protection Code. Such
original certificate shall be displayed in a
prominent location within the structure,
building, or portion thereof,
Exception: Occupants of one and two family
dwellings and residential tenants in multi. family
buildings are exempt from the requirement of
obtaining a ;;Notice of Fire Compliance",
(3) PElU.nn .'.n!) .\PPROV ALS
i) .'.HI'Ad g.h...tien J 16.16(3) ta r.ad eo
lellews;
BeRfires Bfld OliteteaF RlieeisR Fires. KiAdliRg
er W1siRtaiRiRg aRY apeR are €IT a fiFe ifl MY
"Helie street, alley, reaa, ar ether Plislie Br
J'fi.;ate gfewui. IflstnletieRs ana 5tifllil&HBH5 sf
l'effftit shall ee aahered te. CeeldRg Bfes &fia
small reereatieRal Hres Ret iftteRded fer
. egete.tieR SF FlJhhish di5~ssal. lIaeR esft8usted
safely ami 6ft the ~fepe~ ef the sllbjeet 81'e
ensmpt ana Ele ftet Feflklire 8 peRRit.
ii) )Jet ,lithstaREliRg ~e ahe~..e Jlftl',isisJ15. fer 39
days eSlfU'Refleing ':;ite. te.e deehlfa1isa sf a state
sf efRergeftey B) the CS'/smer af the Etets Bf
PleRda, eeeEH:Ise ef BHteRdea elrsught and the
resulting pateHtial fer 'A ildf.i.res, ".4Ueli hleh:lEles
all or parts ef Cellier Ce1:lll~'. tkere shall
heeeme effeeti:e a pFBkieitisa agaiB5t landliBg,
ereatif\g aF fA.aiRt!HniHg tUl5 eampHre, l:JeRfire.
8"88 ar earr-el hLifRing af tf8!:Jfl, EliseamiRg af
lighted smelling mateFials BotseeFS. sHlslaRg in
68"H1.:)' I'HHl~s. and tae sale Br liS! sf fife l.'eAm.
The use sf efteR b6f'l3eeues ar BeffleeUe "its
lJtilizJag ehal"e8al aT '..eed BRall ae "rehihited
withift (;9() ~'aFei5 sf ~ rorest, crasslaaEl,
':ISSeiS, wile lB.Hds 8F ffUIfSR l:If'ea 'vithin Callier
CS1:I.Rt) , The flrsaibitieRs enflfessl)" prsyiEled
hereiA fila:: ae enteneed h) resell:ltisR alii)"
.de~ted ay l.e aeard.
(4}) PLANS REVIEW
i) Amend S~ubsection ~ 1.J4.2 to read as
follows:
i--J.&;! I.J 4.2 It 5..lIa. the ,.""eo.;a;l;!>' ef lb.
applieaflt te eAStH'e that: The aDnlicant shall be
resDonsible to ensure that the followinlZ
conditions are met:
(1) The construction documents include all of the fire protection requirements
(2) The shop drawings are correct and in compliance with the applicable
codes and standards
(3) All plans for proposed new structures and square footage addition. to
existing structures include 8 and Ih x II page or pages entitled "Fire
Protection Plan" that depict the following:
(aJ Completed fonn titled "Collier County Fire Districts Pre-Incident
PlaMing Data". Fonn must be completely filled out, indicating
N/A where not applicable.
(b) Use of Uniform Drawing Symbols and Legend as published in
NFPA 170, Standard for Fire Safety Symbols (partie"lorly
ehllfll." 5 & 6) 1999 2002 Edition: Copyright National Fire
Protection Association.
(c) North arrow.
(d) Overall building dimensions.
(e) To scale site plan showing the entire property boundaries, entire
structural footprint, all building entrance openings, exit stairs,
pavement areas and fire lanes, fire hydrants, adjacent roadways
with names, and distances to all fire hydrants within 1000 ft
(304.8m) measured along the centerline of the street, driveway or
fire lane.
(I) Florida Building Code Construction Type.
(g) Number of stories of structure and total square footage under
roafper story.
(h) A wall detail/section from foundation through the roof
illustrating the predominant or typical floor(s), wall(s) and roof
materials. Such detail/section shall be keyed with a call mark on
the structural footprint required (a) above.
(i) Needed fire flow as required by section ++.-h-I-13.5.I.1.
(j) Fire district water supply flow test(s) as required by section +-
~ 13.5.1.5.
(k) Main utility (electric, gas, water, etc.) shutoff locations.
(1) Hazardous and/or combustible materials locations and estimated
quantities.
(m)Locations of features of fire protection systems (fire department
connections, fire sprinkler shut-ofT, fire alarm panels, standpipes
etc.)
Erceplion I: Group R-3. One and Two-family Residences.
Exception 2: Ancillary structures like guardhouses, restrooms etc.
Not exceeding 1000 square feet in area.
Exception 3: Square footage additions that do not exceed 1000
square feet.
(4) The contractor shall maintain an aooroved set of construction documents
on site.
(5) COST OF PERMIT
(i) Add Section I~ 11 to read as follows:
1~.J1COSTOF PERMIT
Refer to Collier County Resolution No. 01-313 !!!:
successor, (establishing fees), Exhibit B
(C) CHAPTER ill.DEFlNlTlONS
(I) DEFlNlTlONS
(i) Add the following definitions to read as follows:
~ 3.3.216 Fire Marshal - The Fire Chief or
hislher designee within each independent fire district or
the Collier County manager or his/her designee within
any dependant fire district within Collier County.
i!--I-.M+ 3.3.217 Fire Official- The individual
appointed by the FIRE DISTRICTS and employed by
the Administrative District who is responsible for the
fire plan review office.
i!---!-.-M8 3.3.218 Owner- Any person or entity having
a legal or equitable interest in the property.
~ 3.3.219/nterlocal agreement- An agreement
entered into between the board of County
Commissioners and any Independent Fire District(s).
i!-+.+7G 3.3.220 Manual Wet Standpipe- Refer to
NFPA l~
;!+.+-7J. 3.3.221 Residential Occupancy (Group R) _
Refer to the Florida Building Code, 2000 Edition ror
the definition and sub-classification, or its SUccessor.
i) J.ffieRd 2 1.67 te road as felle'.vG;
2 1.67 fife lane means llA}' flFiye.V8}, reaa, aF
e.n8BstI'li8tea area, ";hieh ma~' 138 used hj the fire
deJ3tlftmeRt fer the mS':emeftt sf fire ','8hieles Sf
firefigktiRg eperstisB5.
(D) CHAPTER~.lQ GENERAL PRO'/ISlGlnS FIRE SAFETY
(I) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR
FIREPLACES.
i) Amend S~ubsection 3-+.+ illlll to read as
follows:
3-+.+ 10. 11.1 Permits. Permits are required and
shall comply with Section l-!-li 1.6.
Exception: Cooking fires and small recreational
fires not intended for vegetation or rubbish
disposal when conducted safely and on the
property of the subject. Notwithstanding the
above provisions, for 30 days commencing with
the declaration of a slate of emergency by (he
Governor of the State of Florida, because of
extended drought and the resulting potential for
wildfires. which includes all or parts of Collier
County, there shall become effective a
prohibition against kindling, creating or
maintaining any campfire, bonfire, open or
barrel burning of trash. discarding of lighted
smoking materials outdoors. smoking in county
parks. and the sale or use of fireworks. The use
of open barbecues or barbecue pits utilizing
charcoal or wood shall be prohibited within 600
yards of any forest. grassland. woods. wild
lands or marsh area within Collier County. The
prohibitions expressly provided herein may be
extended by resolution duly adopted by the
board
ii) AmaRa SUBseetisR 3 1.7 t9 reaa ~ fells'Ns:
3 4.7 no ohar.oal ~""'... .hall ~o I.u.dlod ar
maiJttaiRea eft BaIeeRies Br ".vithin I 9 feet Bf any
sWtieture.
&eepti3R: Sing-'e /OIftiJj tltl'eh'ings.
Hi) J 1.g J>Js gll5 f}feB eeslEiI\g grill shall Be Idnalea
sr RlaiRtalRIHi BR BslBeRies BY ...;ithin I 9 feet ef
BY sk lie'Wfe. L.P gas eyliRssfS in BHSBSS sf 21.~
Ihs, Miter .. eigJ:tt shaH Ret l:le sterea ":JitbiR I 9 ft
Bf a Fesiaefttial huihUftg.
8feeptifm: 8,:]tg!e jemily EAI eUi1fg~.
(2) FIRE bAl>lH8 DEPARTMENT ACCESS AND WATER
SUPPLY
i) )dRead S.~.e.lioH 3 5.2 to road.. r.n.,...;
3 S.2 ,"JI huileliRga tRat B fife ael'artHlent Mar
~e oalled t. proto.' thot ... HOt r.adily
aeeessil3le t8 an adjaeeRt leeal street shaH Be
p"''lided wilh a .oilahla lire lano or parallol
assess ariv! l:!Rless the analysis Bf the fife
ef.!Aeial iftaieates the are aseess is 1IfI:BeeessB:lY.
Sueh fin aesess is neeessary fer all Bwhiiftgs
three (3) ae mere sterie!; in height ....lHeh fife Bet
aajaseftt te a leeal stFeet.
a) Parlting sJ3sses aajaeeRt t8 stfUetul'es that, iR
the eI'iRisR sf tRe fire effieial, IBB)' mRser er
delay tiretigfttiRg ferees in tae perfeHlllmee sf
tReir eh:lties are J'rBftihites, limitea aesigRatea
p~dRg spse!s MB} Be Bl'IUS":es BY the Hre
atlieial ':,4teR altemati":e 8J1'BJ1gemeIHs are Riaae
pRey ts eSRstrn.etieft, "Nmeh Ruut inehu:te
a\itsMatie {he SUflpfessiea S} steH.S.
b) The FiFB etlieial Ma~ re!f\lire asaitlenal lire
lanes arsuftfi eemmereial l3l:ti.hfiftga "HileR his ee
her llRalysis inelieates aasitisRal aeeess t8 the
builsiRg is Reeded.
----'1
e) 1'18 Rew met ar ell? reteRtiaa ar aetentieR
areas sheIl Be laeatea E1ireetly eajaeent t8 &Ai'
sku.etufe LiRless prier aflprsyal is rasei'/ed frem
the lire effieial.
ii) l.ad stiBseetisR J 5.2.1 1s reaEl as faUsto's;
3 .1.2.1 Fire IOfto, ,holl ee Hot le05 than 29 II
(61ft) sf liRBB5tmsted '::iEltft, aide t8 :,~th stand
Ip,e leaas Bf Bre ftJ3J3Bf8tus, ana h&\'e a
minimum af 11 ft :eFtie&l eleSftlflae. TuFRiag
Rlelii fer tire lemes nat BuseeeiiRg a 99 degree
tYm v:here gaR'iag InliIEiings shaIl Be 23 ft
iltsiele aae 4~ ft Butsiele !lAd tUllliag RiEtH far tire
lanes sar:ing p8fldRg lets 8nl)' shall l3e 25 ft
inside ana 45 ft sLitsiele. Wliere Rtm3 elfeeed 99
degrees the standards fer NFftat'eWlels shall
&f3J31~'. }.R 8:pJ3rs':ea t1:lm B:lSUReI. fer fire
8J!IJ39:fBtl:Is shall l3e JUS'. idea ','Here an aeeeS5
read is a seaa eRd ans iR l!llleeS5 sf 1 SG ft (413m)
ifllengtn. The tLiffl8fSl:laa shall fiB'S a ffliaim\lffi
ssnterline faail:is sf 19 fuet (12.7m). Tae grede
swfaeB aaa JasatisR af the fire lane shall Be
&i'prsyeel Bj tHe &l.ithsrit)' he ing jl:U'isaietisn.
;\t leest BRB flle:stieR sf eaB" el:lilaiftg skill! he
aseessi1s1e ts tHe fire elepartmeRt. ReEfuired fife
lanes shall l3e J3Fe'. isea ":itA the hmer edge ef
tAe reaa"'a~' Re elsser than 1 9 feet ana se
farther than 39 feet [rem the BLiilfiiag. ~Lieh
18:Aes sHall haYB a sHrfaee designed ta
Bgeemmeaste fire l:tfIparams '\ ith a miRiffiHHl
'"eigAt sf 32 tOH5.
EJfeeptiolf }/s.} r :\eleq\ilae) sf emergese} :Bkiele aeeess
5hall139 aetemtiRed BY the sutheFity ha\'ingj\lRSaietieR.
&recpti8I1 A'a, 2: T Sf Y tHffiarSlifta ammgefRents shall
ee j3eRRi1tea.
&eep:io;, >.'3.3: When aeeeJ:ltable 18 the sLithefit)
Ae.':iAg j i;Jj"jselietiBn, tumar8URB 8fFBRgemBnts ether than
Ii el:ll de sae shall 13e peFffiittea ta he lIsea.
ii) Add ,ubsection 18.2.2.5.1.1 to read as follows;;
18.2.2.5.1.1 Fire deoartment access roads shall
have an unobstructed width of not Jess than 20 ft
(6ml and have an unobstructed vertical
cleanmce of not less than 14 ft. Minimum width
may be reduced to meet scecial access with the
aODroval of the fire official.
iii) Amend subsection 18.2.2.5.3 to read as
follows:
18.2.2.5.3 Tumin. Radius. The turnin. radius
for fIre lanes not exceedin2 a 90 de~e turn
where servin. buildin.s shall be 25 ft inside and
49 ft outside and turnin. radii for fire lanes
serviml oarkina lots only shall be 2S it inside
and 45 ft outside. Where turns exceed 90
del2:rees the standards for turnarounds shall
wmk
will) Amend subsection 18.2.2.5.4 to read as follows:
18.2.2.5.4 Dead Ends. An aooroved turn around
for fire 800aratus shall be nrovided
where an access road is a dead end and
in excess nf 150 ft (46m) in lenoth.
The turnaround shall have a minimum
centerline radius of 40 feet fl2.7mt
The erade surface and location of the
fire lane shall be anoroved bv the
authority havinlZ iurisdiction. At least
one elevation of each buiIdim! shall be
accessible to the fire dcnartment.
iiiiY) Add 8~ubsection ~ 10.12.2.1 to read as
follows;
~J 10.12.2.1 EMERGENCY VEHICLE
ACCESS
~.!.ll.lU1 This section is intended to
apply to all gate installations EXCEPT those
serving individual single-family residences.
iv) Add 8~ubsection 3,,S.U 10.12.2.2 to read as
follows:
3 ,'s.U 10.12.2.2 All electronic access control
gate to structures and properties that may
require emergency services that restrict the free
ingress and egress of emergency vehicles and
are not constantly attended 24 hours per day
shaJl be provided with an electronic
transmitter/receiver system capable of being
programmed with a unique activation code and
frequency approved by the authority having
jurisdiction. Such code or frequency shall not be
used by or provided to other gate users. Existing
installations shall comply within 180 days
subsequent to the notification date by the
authority having jurisdiction.
vi) Add 8~ubsection 3 '.'.2.3 10.12.2.3 to read as
follows;;
3 ,'s.2.310.12.2.3 All electronic access control
gates r""uired under section 3 ,'s.U 10.12.2.2
shall be compatible with the unifonn county-
wide transmitters. Said transmitters are carried
only within emergency services vehicles.
vii) Add Ssubsection 3 ,.s.2.1 10.12.2.4 to read as
followS;;
3 ,.s.3.1 10.12.2.4 All electronic access control
gates shall have a battery backup with a fail safe
override.
Exception No. I - Any other override
system acceptable to the Authority having
jurisdiction.
Exception No. 2 - Gates serving individual
single-family residences.
viii) Add S~ubsection 3 ,.s.2.s 10.12.2.5 to read as
follows;;
3 3.3.2.3 10.12.2.5 AIJ non-electronic access
conlrol gales to structures and properties that
may require emergency services that restrict the
free ingress and egress of emergency vehicles
and are not constantly attended 24 hours a day
shall be provided with a key box per section M
10.12.1.
Exception No. 1 - Gates serving individual
single-family residences.
"*iil!:) Add S~ubsection 3 3.3.3.6 10.12.2.6 to read as
folJows,;
33...2.6 10.12.2.6 All electronic gates are
required to receive a building pennit with fire
review prior to installation.
ix) Amend S~ubsection 3 3.6.:U ll.li.l to read as
follow,,;
33.6.2.118.3.4.1 Hydrants. Clearance of3 feel
to the rear and sides of fire hydrnnts and clear to
the street. No new wet or dry retention or
detention areas shall be located between the fire
hydrant and the fire access area unless prior
approval is received from the fire official.
xi) Amend S~ubsection 3 3.6.2.2 18.3.4.2 to read as
follows;
3 3.6.2.2 18.3.4.2 Fire Protection Appliances.
Clearance of 3 feet to sides and clear to the
street. No new wet or dry retention or detention
areas shall be located between the fire appliance
and the fire access arca unless prior approval is
received from the fire official.
(32) PUBLIC ASSEHBlAGES SPECIAL OUTDOOR
EVENTS. CARNIVALS FAIRS AND EVENTS
i) Ad6mend section ~ 10.16.3 to read as
follows;~
~lO.16.3 Ptihlie :'~sBemBlage5 ana E';eAl5
Life Safetv Evaluation. Life safety evaluations
are reauired and shall be in accordance with
12.4.1 of NFPA 101. Life Safetv Code. The
evaluation shall be submitted to the AHJ a
minimum of two weeks orior to the startiml date
of the event.
ii) A.. oUBseetiaR 3 19.7.1 ta fe.. 85 fellev:.;
l.\QieFe the autheFit)' Raviag j\ifisEJietiofl
aeteRHiReS that the gatkeFiag af perseRS iR a
s1:nleRlFe aT a1:Hside af a stfllettire ay the Rattus
sf the peyfsRHaRee. enm}'iti8f1, EJiSf'Ift) , eSfltest,
SF aeti-:ity preS81ng ar is predieteEJ t8 preseRt
\:1JlHsual aRe sigRifieltRt impse! 811 pu}'lie safety,
inehuiiftg aeeess t8 iniildiRg5, struetllres, fire
R,'EJrants. fife lanes, aRe the lilEe, sr etker
PF9\'isiens sf JlY'Blie safet) s8Fl'iees. iReludiag
fire fJFsteetisR amI emergeRB)' meEJieaI seF.:iees,
the Butflerity ks\'ing j1:H'isdietisR shaH have the
autJ:tsrit) ts ereler the deyeIs)3meRt sf or
pPesBl'iee B plan far the flFS ..isisR sf safety
serviaes '\'flieh pfs':iaes a reas8R&I:lle degree of
saret:). fur me attaRSee!!. pw=tieipants fmd ether
aifeet8d mefRB8FS sf the publie.
ii) }~dd EuhseetisR 3 10.:.2 ta reaa as fella ..s;
;] IG.7.2 The plan shall address suah items as
emergeRey ,ehiele iagress and egress, HFe
pfsteetisa, emeFgeRsy m.edieal seR iees, fife ana
sllfet~. iRspeetieRs. flyblie 8dsefftBly areas aRa
the elireetiRg sf atteRaSeS &fiR .. ehielea. :sRder
ana resa eeReesslsR dlstfi},utisa, and the aeed
fer tae preseRee ef Ia..... eRfereement, fire, wu:l
Rleaieal seF'.-iaes perseR"el at the e ;eRt. Said
f3JaR shall Be S\:lBlHitted ta the autkerity RB-\ iag
jurisaietieR a fHiRiml:i1H sf t.: e 'l:eehs fJFisr t8
the staftiag elate eftRe eveRt.
wiD Add S~ubsection ~ 10.16.4.1 to read as
follows~~
~1O.16.4.1 The alItherity ha<iRg
juri,.ietiaR AHJ is hereby authorized to
assess and collect reasonable compensation
for services rendered to public assemblages
and events covered by the provIsIOns of
section ~ 10.16.4, as it may deem
necessary in accordance with the applicable
service resolution of the governing body.
(4) CLOTHES DRYER "E~JTING
.\98 seedeR J II te reati as fells? s;~
YSfltiRg sf elethes Elf) SrB, '\ftether siestAs af ge HFeS
shall he Bf1 the Reer sf erigbl af iBle an appF81'ed shaft.
EJEeepf;Si.}: C. 8"'P R 1. f)etaeltBi Bite !HiS 1'118 /tmtil)
1le5idel1ees.
Met!p:i811 2. oo8r SffB:ftgement5 as Ma)' Be flI3flfa~.;ed
hy the al;fthafit) ftli;iRgjHAsElietisfl.
(E) CHAPTER:; 11 FIRE PROTECTION SYSTEMS
i) Alfteftdg 8~ubsection ~ 13.2.2.2.1 to read as follow,,;
13.2.2.2.1 ~reep:i8:f .': Buildings classified as R-2,
four stories in height are required to have manual
wet standpipes in accordance with NFP A 14.
ii) Add 8~ubsection 7 2.2.2.1 13.2.2.2.2 to read as follows:
72.2.2.1 13.2.2.2.2 Any building five stories or
more in height and not otherwise classified as a
high rise building as defined by the Florida Building
Code, 2001 Edition or its successor, shall have an
automatic wet standpipe system in accordance with
NFPA 14 capable of supplying the required gallons
per minute with a residual pressure of 6S psi at the
uppennost hose connection.
iii) Add 8~ubsection 7 2.2.2.2 13.2.2.2.3 to read as follow,,;
72.2.2.2 13.2.2.2.3Any high-rise building as
defined by the Florida Building Code, 2001 Edition
or its successor, shall have an automatic wet
standpipe system in accordance with NFPA 14
capable of supplying the required gallons per
minute with a residual pressure of 100 psi at the
uppennost hose connection.
iv) Add S~ubsection 7 2.2.2.3 13.2.2.4.2 to read as followSE
7 2.2.2.313.2.2.4.2 Fire department valves on
standpipe systems shall not be pressure-reducing
valves. Pressure restricting devices shall be instaIled
on any valve with pressure in excess of 175 psi.
Pressure restricting devices shall be so as to be
readily removable, leaving hose threads acceptable
to the authority having jurisdiction.
v) Add S~ubsection 72.2.2.113.3.1.6.1 to read as follows;;
7 2.J.2.113.3.1.6.1 All fire department connections,
other than those serving a high rise building, shall
be located within 50 ft (l5.25m) of a fire hydrant
and within 50 ft (15.25m) of a fire department
vehicle access road.
Exception 1: Fire department connections
supplying fire sprinkler systems in accordance with
NFP A 13R that are not a part of a standpipe system.
Exception 2: ActuaJ locations of fire department
connections shall be as approved by the authority
having jurisdiction.
vi} Add S~ubsection 72.2.2.5 13.3.1.6.2 to read as follows;;
72.2.2.513.3.1.6.2 New high-rise buildings shall be
equipped with two fire department cormections.
One connection shall be located at the building and
one shall be located within IS ft (4.6m) of a fire
hydrant. Either fire departmenl connection shall be
capable of operating independently of the other. The
second fire department connection required at the
building shall not be required to be located within
50 ft (l5.25m) ofa fire hydrant.
vii) AEklmend subsection ~ 13.3,1.1 to read as follows:
~lllJ.J. Automatic sprinklers shall be
installed and maintained in full operating condition,
as specified for the occupancy involved in the codes
or standards listed in Chapter ,,2. Installations shall
be in accordance with NFPA 13, Standard for the
Installation of Sprinkler Systems; NFPA 13R,
Standard for the Installation of Sprinkler Systems in
Residential Occupancies up to and Including Four
Stories in Height; or NFP A 13D, Standard for the
Installation of Sprinkler Systems in One and Two
Family Dwellings and Manufactured Homes, as
appropriate.
All fire sprinkler systems shall be designed with
hydraulic calculation method. System design will
be based on a current flow test. For flow tests with
a slatic pressure of 55 PSI or more the test will be
extrapolated to seasonal slatic of 50PS!. The
fennula is as follows:
X Factor ~ Seasonal Static I Measured Static
Design Res. Pres. ~ (Residual Pres)
x (X Factor)
Design Pitot PSI ~ (Pitot Press) x
(Xfactor)
For flow tests with a static of less than SQ,2, psi the
un-extrapolated flow test shall be used. However in
this case a minimum safety factor of 5 psi above the
demand point of the system shall be used. Fire flow
data shall be attached to the hydraulic calculations
as per section ++.hl- 13.5.1.1.
viii) Add to Section ~ 13.3.2 !.I to read as follows:
Automatic fire extinguishing systems shall be
provided, in accordance with NFP A 13, Standard
for the Installation of Sprinkler Systems. when
required by this Code, or referenced codes and
standards listed in Chapter l~; and in all new
residential occupancies containing more than four
(4) living units; and when otheIWise required by
Collier County.
Exception No.1: Residential occupancies up to four
(4) stories in height may be protected in accordance
with NFP A l3R, Standard for the Installation of
SprinJcJer Systems in Residential Occupancies up to
and Including Four Stories in Height. where not
otherwise required to be protected by sprinklers
pursuant to the Building Code or other applicable
standards.
ix) Add subsection 7 3.2.2.1,13.3.2.1.2 to read as follows;;
7 3.2.2.113.3.2.1.2 All Automatic fire extinguishing
systems, installed voluntarily, arbitrarily or
otherwise, shall provide an adequate means (stub-
out) for future fire sprinkler protection on lanais,
balconies and canopies in residential occupancies.
x) Amendg subsection ~ 13.3.1.7.1.1 to eliminate (2),(3)
Me (1). ;'.nd BaS t",8 eneeptiefl5 te the eniSling eneeptisfl
read as follows:
13.3.1.7.1.1 Valves connections to water sUDolies.
sectional control and isolation valves. and other
valves in suonlv cines to sorinklers and other fixed
water-based fire suooression systems. other than
13D systems installed in one and two family
dwellin~s. shall be sunervised bv Central station.
ofoorietarv or remote station silmalim! service
comDlvin. with NFPA 72. Each alarm Danel shall
electricallv monitor all fire sorinkler control valves
of the fire snrinkler system it monitors. All control
valves in 13D systems shall be chained and locked
in the ooen oosition.
EJree,:iSTJ >.'8 2: J 3D s~'stem.s ia BRe and t\':e fBHiily
d'\'elIiRgs.
aecJ1ria" Ala J: SJ3riBlder piJ3iag seF....iag Ret m.ere
tHan sin sJ3FiRltler9 eeRReeted direst!) ta B demestie
'YBter !itiJ3f1ly system.. lie ;/e o'er tHe eeRtFel \'Bl':e
SHall Be leeked iR the 8fleft pesitieR.
xi) Add S~ubsection M-+.+ 13.5.1. I to read as followSj;
M-+.+ 13.5.1.1 The following are fire flow
requirements for new construction, changes in
occupancy or use to a more hazardous classification
(according to National Fire Protection Association
10 I, 20ooJ. edition) or any physical enlargement of
existing buildings. All one and two family
dwellings are exempt f9PHt from these requirements
except new subdivisions as provided far ia (1) a
below:
New exclusive one and two family subdivisions:
Building Square Footage
(GPM)
Min.
Fire
Flow
Less than or equal to 5000
Grealer than 5000
500
750
Subdivisions not capable of delivering the required flre
flow shall provide automatic sprinkler systems in
accordance with NFPA 13, 13R or 13D, -1')99 2002
editions as applicable.
All other buildings shall calculate required fire flows in
accordance with the following fonnuls shown ift
subs..tien (3) below. This fonnula establishes a base
flow from which the degree of hazard, credit for fire
sprinkler protection and separation distance wiIJ result
in a final needed fire flow. National Fire Protection
Association 13, .J.99.9 2002 edition shall be used for the
purpose of detennining hazard classification.
NFP A classification
Fonnula application
Light
Ordinary I & II
Extra
Light
Ordinary
High
Fire flow based on the fonnula NFF~ [(18) x
COEFFICIENT FOR THE CONSTRUCTION TYPE)
x {SQUARE ROOT (BUILDING SQUARE
FOOTAGE)} x HAZARD FACTOR x EXPOSURE
FACTOR x FIRE SPRlNKLER FACTOR
Coefficients based on construction type.
1.5 = Wood (Type VI)
1.0 = Ordinary (Type V)
0.8 = Noncombustible (Type III & IV)
0,6 ~ . Fire resistive (Type I & II)
--'-~----_.._------_.._~
Coefficienl based on hazard.
0.75 = Light hazard
1.0 = Ordinary hazard
1.25 = High hazard
Coefficient based on exposure distance in feet.
0-10 = 1.25
11-30~ 1.2
31-60~ 1.15
61-100 = 1.1
101-150 ~ 1.05
>150= 1
Coefficient based on fire sprinklers.
0.5 = Fully fire sprinklered
1 ~ Not fully fire sprinklered
-Fire resistive construction need only be calculated on
the three (3) largest successive floors of highest hazard
classification.
A four-hour "fire wall" may be used to reduce total
square footage of a ouilding for the purposes of fire
flow requirements, providing the wall intersects each
successive floor of the building and complies with
NFPA 221.
The minimum required fire flow for commercial and
multi-family occupancies shall be 750 GPM.
Owners and developers shall make provisions to install
water lines and fire hydrants to meet spacing and fire
flow requirements. Where fire mains exist but do not
meet the fire flow requirements, alternative
arrangements may be made, prior to construction, with
the authority having jurisdiction. Due to the concern for
public safety, failure to meet the fire flow requirements
or come to alternative agreement shall be grounds for
refusal for the county to issue building pennits.
xii) Add subsection 13.5.1.2 to read as follows:
13.5.1.2. The reauired size of the water mains. installed
for fire Drotection. shall be detennined bv hydraulic
calculation based UDan a current a fire flow test (not
more than six months old). These calculations shall
extend from the location of the flow test to each fire
hydrant on site and shall indicate that the minimum
reauired fire flow detennined bv Section 13.5.1.1 is
available. This section is to be used for desil!D
DUmOS" onlv. Actual fire now availabilitv will be
determined at time of buildin2 DenDit aODUeation.
xiii) Add 8,ubsection ++.+,;! 13.5.1.3 to read as folloWSl;
++.+,;! 13.5.1.3 Where buildings are constructed, with
the furthest point of the structure being one hundred
fitly (150) feet or more tlom a public street, requires
private mains and fire hydrants which shall meet the
required fire flow with spacing to be determined by the
fire official, not to exceed three hundred (300) foot
maximum distance between hydrants. Hydrant spacing
and required fire flow may be altered by the fire official
if, by prior arrangement with the fire official, automatic
fire suppression systems are installed in all buildings on
the premises.
J<iii11ili:} Add subsection ++.-h; 13.5.1.4 to read as follows:
++.+,;! illJ.d Maximum distance between fire
hydrants shall be five hundred (500) reet in exclusive
one and two family areas with buildings not exceeding
5000 sq tl, and three hundred (300) reet in all other
areas.
..w xv)
Add subsection ++.h4 13.5.1.5 to read as follows:
++.h413.5.1.5 Where buildings are proposed in an area
not meeting the hydrant spacing requirements, the
owner or developer shall provide the number of
hydrants prescribed by the fire official, under the terms
of this section.
fW xvi)
Add subsection ~ !LU.& to read as follows:
~!LU.& Prior to development of new structures
or tire protection systems, a tire flow test in accordance
with NFPA 291 shall be preformed by the fIre dislrict
having jurisdiction. Such tests shall be completed no
longer than six months prior to the submittal for pennit.
Calculations of the available fire flow at a minimum of
20 psi residual shall be provided on the fire protection
plan required by section -!--h'I,;! ~ or with the
hydraulic calculation package submitted for fire
protection system pennits. Fire flow test reports shall
be submitted on the oflicialletterhead of the fire district
having jurisdiction.
~ xvii}
Add subsection ~ 13.5.1.7 to read as follows:
~ill.L1 Fire hydrants shall be provided for
structures in accordance with NFP A 24 and shall be
distributed so that the Needed Fire Flow determined by
the fire official may be delivered. Hydrant locations and
distances to proposed structures shaH be indicated on
the Fire Protection Plan required in section ~
~
.....;; xviii) Add subsection H+.7 .!.JdJJ! to read as follows:
H+.713.5.1.8 Proposed single structure site
developmenls within 1000 ft (304.8m) of existing water
mains shall extend such mains so that the main sizes
and hydrant locations comply with the provisions of
this code. Measurement of the distance shall be along
existing or proposed roads, street, driveways or fire
lanes as applicable. Where no piped water supply exists
within 1000 ft (304.8m) distance criteria, the
requirements of NFPA 1142. Standard on Water
Supplies for Suburban and Rural Fire Fighting +999
2001 edition, shall apply. Proposed multi-structure site
developments shall provide pennanent fire protection
water supply from a public or private utility system or
construct a private engineered water system acceptable
to the authority having jurisdiction and capable of
delivering the required Needed Fire Flow specified in
subsection~ 13.5.1.1.
JWffi xix) Amend Section 13.5.3 to add the followin~: a siOlz]e.
dedicated fire sorinkJer backflow assemblv. may serve a
maximum of two buildim!s.
"* xxi) Add subsection +-7+4 13.7.1.4.11.1.1 to read as follows:
+-=7+.413.7.1.4.11.1.1 All fire sprinkler systems shall be
monitored by a UL listed Remote or Central station
monitoring agency.
Exception No J: One and two family dwellings
orotectcd bv 13D systems.
xxi) Add subsection +-+.I-,,> 13.7.1.4.11.1.2 to read as follows:
+-+.1-,,>13.7.1.4.11.1.2 All fire sprinkler systems shall
activate one or more monitored audio/visual device located
on the exterior of the building. The munber and location of
the device(s) shall be approved by the authority having
jurisdiction.
Exception: Single family dwellings.
(1') CW_nTER D: COMHliRCIAL COOKINC liQUlP/'{li~IT
(I) 13 2 PORT.\Bbli FIRE EXTlNCUlSIIliRS
i) 'aeBe suhseatisft 13 2.3 1a eliminate the
eflSeptisR.
See. 58-28. Amendments to the Life Safety Code.
NFP A 10 I Code for Safety to Life from Fire in Buildings and Structures, 20001 Edition,
is amended as follows:
(A) CHAPTER 4: GENERAL
i) Add new subsection 4.82, "Use of Fire and
Spark Producing Devices in Public Places" to
read as follows:
4.82 Use of Fire and Spark Producing Devices in Public Places.
ii) Add new subsection 4.82.1 to read as follows:
4.82.1. It shall be unlawful for any person to smoke, light or carry
a lighted cigar, cigarette, pipe, match or use any spark,
flame, or fire producing device not specifically authorized
by the appropriate district or area fire chief or inspector in
any ofthe following areas: .
----~
1) In the board of county commission!<...rs~
chambers,and in all other public meeting rooms
in the county courthouse complex, and
administrative buildings, when a public meeting
is in progress.
2) In any public theater, church, tent, motion
picture house or other auditorium used for such
shows or performance when the public gathers.
3) In any mercantile store which voluntarily elects,
hy and through the actions of its management,
to be included within this section. This
prohibition shall not apply to restrooms,
restaurants. coffee shops, soda fountain
counters, executive offices or beauty parlors in
such mercantile stores.
(B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION
EQUIPMENT
(I) SECTION 9.6 FIRE DETECTION, ALARM, AND
COMMUNICA nON SYSTEMS
(I) GENERAL
I) Add Subsection 9.6. I. Hllto read as follows,;
9.6.l.IQl The authority having jurisdiclion may
approve and shall have the authority to require
listed manual fire alarm box covers or listed
double action pull stations to be installed
where manual fire alarm systems are
susceptible to malicious false alarms.
(II) OCCUPANT NOTIFICATION
il) Amend subsection 9-6.3.81 to read as follows,;
9-6.3.81 Audible a1ann notification appliances
shall be of such character and so distributed as
to be effectively heard above the average
ambient sound level occurring under normal
conditions of occupancy.
Residential occupancies: Audible alarm
indicating devices shall be clearly audible in all
bedrooms over background noise levels with all
intervening doors closed. The audible alarm
indicating 'device sounding shall be measuxc a
minimum of 7G.2. decibels at the pillow height in
all bedrooms.
(2) SECTION 9.7 AUTOMATIC SPRINKLERS AND 011lER
EXTINGUISHING EQUIPMENT
SECTION 9.7.4 MANUAL EXTINGUISHING
EQUIPMENT
i) Amend 9.7.4.1 to read as follows:
9.7.4.1 Portable fire extinguishers shall be
instaJled in all commercial and multi-fwnily
occupancy classifications in accordance with
NFP A 10, The Standard for the Installation of
Portable Fire Extinguishers.
SECTION TIIREE: Inclusion in the Code of Laws and Ordinances:
The provisions of this Ordinance are intended to become and to be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance
may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION FOUR: Contlict and severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive provisions are intended to apply. If any phrase or
portion of the Ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion is deemed a separate, distinct and independent provision and
such holding will not affect the validity of the remaining portion.
SECTION FIVE: Effective date.
This Ordinance becomes effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED. by the Board of County Commissioners of
day of
,2005
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~C~~/C:~
o
y
This ordinance filed with tk.
~etory of a.' Office thQ
d f :ZooS.
eyo --
Qnd acknowl gem ~ of that
fn~d~d.Y
pf '-'J#H9 .~,ItA/:y:
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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 2005-32
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of June, 2005.
DWIGHT E. BROCK_,",,::,aq..
Clerk of court@',,'i!'iid"C:lo!'~
Ex-officio tP~i!i.d~f(fipf' .......<_
County commikrsi'Oh~;rs' "'~.I\.:
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By: Linda A. HbJf"iiei:"''<.\: _
Deputy Clerk ~r::) ~
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Attachment 4
I I
EXECUTIVE SUMMARY
OBJECTIVE: To obtain Board approval of local amendments to the Florida Fire Prevention Code by
adopting an ordinance and directing staff to complete the process to make the amendments effective.
CONSlDERATION: The State of Florida's 8dop~on of the statewide FlorIda Fire Prevention Code on
January 1-, 2002, brought with It a .Sunsst- provision, which effectively repealed the Collier County Fire
Preventfon and Protection Code crealed by local ordJnance. Prior to the State adopting the statewida
Florida Fire PrevenUon Code, Collier County had deemed it necessary to provide for specific local
regulatory requirements in the Collier County Fir. Prevention and Protection Code based on rhe perUcular
need. of Collier County. In order to re-lntroduce the previous local regulatory requirements, the statewide
Florida Fire Prevention Code also provide 8 Procedure for local governments to adopllocal amendments
by ordinance.
By directing staff to comply with the balance of the requirements for sdopUng local amendments to the
Fire Prevention Code, snd adopting the proPOSed ordinance, the County would reslore the level of fire
protecUon deemed reasonable for Collier County snd the effected Fire Districts. In addition to the local
amendments, the proPOSed ordinance would slso consolidete malt of the Fire Code requirements for new
development Into one regulation. This would simplify fire plsn review by the County and the Fire Districts
.- and ease the development community's compliance with the applicable regulations.
The Development Services Advisory Committee has recommended approval of this ordinance.
FISCAL IMPACT: By re-adoptlng the local amendments the County would largely re-create the
Previously effective regulations, which should not result In any overall fiscsllmpact.
RECOMMENDATION: Approve the proPOSed Ordinance and direct staff to complete the process
requIred to make ft effective.
P..pared By:
Dote: q -I 9- ,~' c"...
Date: 1:79 /; 'l~ z.
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Reviewed By: -:L .~
ApPfOVedBy:VL-/.:t/ -./
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No. ~ ('
OCT 0 8 2002
PI. j
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Attachment 3
ORDINANCE NO. 2002-~
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AN ORDINANCE READOPTING THE COLLIER COUNTY
FlU PREVENTION AND PROTECTION CODE BY
AMENDING THE CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTI'. FLORIDA, AMENDING CHAl"TER 58,
FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE
SAFElY STANDARDS FOR THE UNINCORPORATED AREA
OF COu..n:R COUNTY, BY REPLACING SECTION 51-26,
PERTAINING TO ADOPTED STANDARDS AND CODES OF
THE NATIONAL FIRE CODES PUBLISHED BY '!'JSt"'J
::~~G Fm:E~~g~Ecr~~~7t ASS~~~~G(NFP~~i B
AMENDMENTS TO ADOPTED FJRI. CODES, SPEClFICALI.,Y
NFPA I, 2002 EDITION; REPLACING SECI10N Sa-Bo::'
PERTAINING TO AMENDMENTS TO THE ADOPTED LI~.; ='"
SAFETY CODE. gPEClFI.CALLY NFlA 101. 1002 EDmO~~ ~~
RESERVING SECTION 51-29; REPEALING CERTAJ5i!
ORDINANCES; PROVIDING FOR THE INCLUSION IN ~
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECOVE DATE.
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WHEREAS, the Board of County Commiuioners of Collier County, Florilk
(Board) has fire safety responsibilities for Collier County; and
WHEREAS, Section 633.025, Florida Statutes, subsection (I) establishel the
Florida Fire Prevention Code and the Life Safety Code as the state minimum code; and
WHEREAS, Section 633.025, Florida Statutel, subsection (4) enablCl a county
with fire lafety rapon,ibilitie. to adopt more Itrinpnt fire lafety mndarda or alternative
requirement, where, u herc:, a determination hu been made that there il a need to
strengthen the requiremenl' of the minimum fire safety code adopted and enforced by
Collier County; and
WHEREAS, the Board hereby determiR" upon iu review of local conditions _
which review demonstndCl that local condition, justify more stringent requiremenl' than
toose .pecified in the minimum fire and life safely code for the protection of life and
property or justifY requirements that meet special situ.tiOlll arising from historic.
geographic, or unusual coRdiiioRl - that local amendments to the staiewide minimum
code are needed and will serve a public purpose; and
WHEREAS, by operatlotl of oertain ltatutoly provl,ion. the previoully exiltins
local amendments to then cxistlna fire and Ufe ...rely code proviaion. then In effect have
been replaced by the Ilatewide minimum code making appropriate the repeal aCne longer
effective local ordinance. comprising Article II or Chapter 58 orthe Collier County Code
oClaWi and Ordinances; and
WHEREAS, in accordance with Section 633.025, subsection (4Xa) a properly
advertised public hearing wu held and all interested perlOns were afforded the
opportunity to provide any comments; and
WHEREAS, it is neceuary to update the Collier County Fire Prevention and
Protection Code to reflect the foregoing matten; and
WHEREAS, the amendments to the statewide minimum code set forth below 8TC
euential to maimain an established and effective leveJ oCfire prevention and protection
NOW, THEREFORE BE IT ORDAINED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COum-y, FLORIDA that:
SEcrION ONE: The text of the following sections of Chapter 58 of Article II, of the
Code of Laws and Ordinances of Collier County. Florida. are replaced with the teKt
which follows:
S<<. 58--16. Collier County Fire Proteetlon and Prevention Code Adopted.
The standards and Code sections of the "National Fire Cod"". as published by the
National Fire Protection Asaociation (NFPA), as adopted by the rules oftbe Division of
the State Fire Marshalllection 4A.J.012, 4A-60.005 or referenced by ,he 2000 edition of
NFPA I or NFPA 10) and tbase lilted below by standard number and edition and as
amended herein, are hereby adopted by reference and made a part of the "Collier County
Fire Prevention and Protection Code," intended to protect the health, safety. common
interest, and convenience of the citizens, visitors, and residents of Collier County,
Florida.
NFPA Ccxk Standard Fdition
J8 J995
-11 1997
50A 1999
70E 2000
79 1997
97 1000
170 1999
m 1998
4]] 1999
]fj 1998
560 1995
600 ,000
601 1000
801 1998
901 1001
1961 1997
1964 19t)8
See. 58-17. Amendmenlllo Fire CodCl.
Descrlnti()IJ
Wetting Agents
Storage ofPyroryUn Plaslfc
Gaseous Hydrogen Sy.rtems
Eleclrical Sa/ely Requirements/or Emplo~e
Workplaces
Electrical Standard/or Industrial
Machinery
GloJSary of Terms Relating to Chimneys and
Vents
Fin SaJel)l Symbols
EvalUaling Aircrqft Resr:u. and Fire
Fighting Foam Equip.
Const. and Protection 0/ Aircraft Engine
T.stFaciJities
Motor Freight 'Terminals
StQTage. Handling and Use 0/ Elhyhme
Oxkle
IndunrlaJ Firs Brigades
SecurIty Service in Fire Loss PreventlOfl
Facilities Handling Rr:doactive Mat.rlals
Standard CJassifications/or Incident
Reporting
Fire Hose
Sproy Nonles
The "National Fire Codes. NFP A I, Fire Prevention Code, 2000 Edilion, '. i, hereby
amended by local amendment 15 follows:
"
.
(A) CHAPTER I ADMINISTRATION ANti ENFORCEMENT
(I) BOARD OF APPEALS
i) Strike all existing text and amend ).8 to read..
follows:
1.8 BOARD OF APPEALS
Will Operate and be compriled .. let fortb in the Collier County Land Development
Code, Diviaion SA, except that the Collier Counly Fire Marshal', Allociation may
recommend those two members onc of whom would be an architect or engineer and onc
whom must be I fire protection specialist for consideration by the Board of County
Commillionen.
(2) NOTICE OF VlOLATIONS, PENALTIES
i) Amend 1-19.3 to read as follows;
l-19~J Any person who fail, 10 comply with the
provisions of Ihis code or who fail. to cany out
an order made pursuant of thi, code or violatel
any condition _l1ached 10 . permit, approval, or
certificate shall be subject to the penaUie.
established by Ihi. jurisdiction. Nothing herein
contained is intended to prevent the Independent
Fire Districts of Collier County from taking
such other lawful action in any court of
competent jurisdiction as the District deems
necessary to prevent or remedy any violation,
Such other lawful action shall include, but shall
not be limited to, any equitable action for
injunctive relief or action at law for damages
The Independent Fire Districts of Collier
County shall have the power 10 enforce the
provisionli of this Code and ordinances by
means of the Collier County Code Enforcement
Boards
(8) CHAPTER I ADMINISTRATION AND ENFORCEMENT
(1) APPLICATION
i) Amend subsection 1-5.2 to read 8S follows:
1-5.2 Ddaib resarding procoues, methods,
specifications., equipment testing and
maintenance. design standards, performance,
installation, or other pertinent criteria contained
in those standards and codes listed in Chapter ]2
of this Code and those adopted pursuant to the
Collier County Fire Prevention and Protection
Code Section 58.26 shall be considered a part of
this code
ii) Amend Subsection J -5 5 to read u follows:
1.5,5 Buildings in existence or permined for
construction prior to the adoption of this Code
shall comply with Ihe provisions stated herein or
referenced forcJ(jsting buildingll
.
Existing buildings or installltiooa that do not
comply with the provisions of the publicationl
refereneed in I-S.2 .hall be permitted to be
continued in use, unless the authority having
jurildiction determines that the lack of
conformity with these standards preaem. an
imminent danger
Ellception: A limited but reasonable time
ahall be allowed fOf compliance with any pan of
this Code for existing building., commcnlurate
with the magnitude of expenditure, disruption of
service.. and degree of hai:ard. Occupied
existing buildings shall comply with 1-9.2.
(2) OCCUPANCY
I) Amend Subsection 1-9.110 read as follows:
)89. I No new conatruction or existing building
shall be occupied in whole or in part in violation
of the provisions of this Code or other
applicable Collier Count)' law. and ordinances.
All tenants and OC&upants shall obtain a "Notice
of Fire Compliance" ccniticate from the
appropriate fire district prior to the occupancy
and use of a new or existing building as
evidence of compliance with the Collier County
Fire Prevention and Protection Code, Such
original certificate shall be displayed in a
prominent location within the structure,
building, or pOr1ion thereoF.
Exception: Occupanu of one and two family
dwellings and residential tenants in multi-family
buildings are exempt from the requirement of
obtaining a "Notice of Fire Compliance".
(3) PERMITS AND APPROVALS
i) Amend Subsection 1~16,16(3) to read ..
follows:
Bonfires and Outdoor Rubbish Fircs. Kindling
or maintaining any open fire or a tirc in any
public stleet, alley, road, or other public or
private ground. Instructions and stipulations of
pcrmit shall be adhered to. Cooking fires and
small rle(;reational fires not intended for
vegetation Of" rubbish disposal, when conducted
safely and on the propelly of the subject are
exempt and do not require I permit.
Ii) Not withltanding the above provisions, for 30
days commencing with the declaralion of a state
of emergency by the Govemor of the State of
Florida, because of extended drought and the
resulting potential for wildfires" which includes
all or parts of Collier County, there shall
become effective a prohibition against kindling,
creating or maintaining any campfire, bonfire,
open or barrel burning of trash, discarding of
"
lighted .making material, outdoor!, .molting in
county parks, and the sale or use of fireworks.
The use of Open barbecues or barbecue pill
utilizing charcoal or wood shall be prohibited
within 600 yards of any forclll, BfUlland,
woods. wild lands Of marsh area within Collier
County. The prohibitions expreuly provided
herein may be extended by resolution duly
adopted by the board.
(4) PLANS REVlEW
I) Amend Subsection 18.2 to read as follows:
1.)8.2 It mall be the reaponsibility of tbe
applicant to enllUre that.
(I) The construction documents include all oflhe fire protection requirement.
(2) The shop drawings are correct and in compliance with the applicable
codes and standards
(3) All plans for propollCd new structures and .quare footage additions to
exillting structures include 8 and Ii x I J pagc or paSCll entitled "Fire
Protection Plan" that depicllhe following:
ea) Completed form titled "Collier County Fire Districts Pre--Incident
Planning Data", Form must be completely filled out, indicating
N/A where not lpplicable.
(b) Use of Uniform Drawing Symbols and Legend u published in
NFPA ] 70, Standard for Fire Safety Symbols (Particularly
chapters S & 6) 1999 Edition' Copyright Nationll Fire Protection
Association.
(c) Nonh arrow.
(d) Overall buildin. dimensions.
(e) To scale sile plan showing the entire property boundaries, entire
slructun.l footprint, all building entrance openings, exil atain,
pavement areas and fire lanea. fire hydrants, adjacent roadways
with names, and distances to all fire hydrants within 1000 ft
(304.8m) mcallUroo along the centerline of the street, driveway or
tire lane
(t) Florida Building Code Construction Type.
(8) Number of stoncs of structure and total squarc footage under
roofperstol)'.
(h) A wan detaiVaection from foundation through the roof
illuatratina Ihe predominant or typical f1oor(s), wall(s) and roof
matcrials. Such detail/section shall be keyed with. call mark on
the slrucnJrlI footprint required ea) above.
(i) Needed fire flow u required by section 7-5.1.1.
(j) Fire district water supply flow testes) II required by section 7.
5U.
(k) Main utility (eloclric, gu, water, elc.) shutoff locations.
.'
(I) Hazardous and/or combustible material. locations and estimated
quantities
(m)Locationl offeaturea offirc protection .ystems (fire department
connections, fire sprinkler shut-off, tire alarm panela, Itandpipe.
etc,)
Exception J: Group R-3. One and Tw~f8mily Residences.
Exception 1: Ancillary structures like guardhoules. restroom. etc.
Not exceeding 1000 square feet in ~.
Exceplfon J: Square footage additioR! that do not exceed 1000
square feet.
(5) COST OF PERMIT
(I) Add Section 1-21 to (ead as folloM:
1-21 COST OF PERMIT
Refer to Collier County Resolution No. 01-313,
(establishing fees), Exhibit B
(e) CHAPTER 2 DEFINITIONS
(1) DEFINITIONS
(i) Add lhe following definitions to read 81 follows:
2-1,166 Fire Marshal - The Fire Chief or hislher
designee within CltCh independent fire district or the
Collier County manager or his/her designee within any
dependant fire district within Collier County.
2-1.167 Fire Official- The individual appointed by
the FIRE DISTRICTS and employed by the
Admini.trative District who is responsible for
the fire plan review office.
2- 1.168 Owner. Any perlOn or entity having a legal
or equitable interest in the property.
2-1.169 Inl~rlocaJ agre~men'- An agreement entered
into between the board of County
Commiasionera and any Independent Fire
District(s).
2-1.170 Manual We, SlW7dp/p._ Refer to NFPA
14:3-2.5
2-1.171 Residential (kCllpancy (Group R) - Refer to
the Florida Building Code. 2000 Edition for the
dellnition and sub.classitication, or ita successor
(II) Amend 2-1.67 to read as follows;
2-1.67 Fire lane meaN any driveway, road, or
unobstructed area. which may be used by the tire
6
.
dcpar1ment for the movement of fire vehicles or
fircfiahling operations.
(0) CHAPTER 3 GENERAL PROVISIONS
(I) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR
FIREPLACES,
i) Amend Subsection ]-4.1 to read 8. follows:
3-4.1 Permits. Permits are required and shall
comply with Section ]-16.
Exception: Cooking fire.s and .mall recreational
fires not intended for vegetation or rubbish
disposal when oonduClcd safely and on the
property of the subject. Notwithstanding 1M
ahol'fl provisions. lor JO c:hys COnIl1H!n&ing with
the rJeclaralion of Q stale of I!mBrgency by the
Governor of the State of Florida. bcJt:allSff of
extellded drought and the Ye.nllltng poI,,,,,ial for
wll4fires. which Include, all or part:s of Collier
County, thert! shall become effective a
prohibition ugai1ttl kindling, creating or
maintaining ally campfire, bonfire, open or
barre[ burning of trwh. discarding of lighted
mroking malerials outdoors, smoking in county
parks, and the sale or use of fireworks. The use
of Open barbecues or barbecu~ pits utilizing
charcoal or wood shall be prohibited within 600
yards of any forest, grassiand, lI'OOCis, wild
la/Ids or marsh QreQ withi" Collier Counly. The
prohibitions expressly provided herein may be
extended by resolution duly adopted by the
board
Ii) Amend Subsection 3",7 to read as follows:
3......7 No charcoal burners .haIl be ldndled aT
maintained on balconies or within 10 feet of any
structure.
Exception: Single-family dwllings.
Iii) 3-4.8 No BU-fired.cooking Will shall be kindled
OT maintained on balconies or within 10 feet of
any structure. LP gu cylinders in cxce.. of2l/2
Ib" water weight shall not be .tored within 10 ft
of a Tcsidential building.
acepllon: S;ngle- family dwllings.
(2) f'fRE LANES
i) Amend Subsection ),,5.2 to read as follows;
3-5.2 All buildings that I fire department may be called to
protect that Ire not readily accessible to an adjacent
local street shall be provided with a auitable fire lane or
pal1ll:lcl ac<:cu drivc' unles. the analy.i. of the fire
official indicates lhe firc access is unnecessary, Such
lire access i. necessary for all buildings three (]) or
more stories in heighl whicb are not adjacent to a local
street.
(a) Parking spacu adjacent 10 structures that,
in the opinion of the fire official, may
hinder or delay firefighting forces in thc
performance of their dutics arc prohibited.
Limited dcsignated parking spaccl may be
approved by the firc official when
alaemative arrangements are made prior to
construction, which must include
automatic firo IUpprenion Iystenu.
(b) The fire official may require additional
fire Janca around commercial buildinp
when his or her analysis indicates
additional acccu to the building is needed.
(c) No new wet or dry rccention or detention
areas shall be located directly adjacent to
any structure unless prior approval i.
received from the fire official.
Ii) Add subsection ].5.2.! to read as follows;
]-5.2.1 Fire lanes .hall be not Icslthan 20 ft (6m)
of unobstructed width, able to with stand
live loads of fire apparatus. and have a
minimum of 14 ft vertical c1carance,
Turning radii for fire lanel nol exceeding a
90 degree lum where serving buildings
shall be 2' ft inside and 49 ft outside and
turning radii for fire lancs serving parking
loti only s"'lI be 25 ft inside and 45 it
outside. Where turns cxceed 90 degrees
the standardl for turnarounds .hall apply.
An approved turn around for fire apparatus
shall be provided where an AcceSI road il I
dead cnd and in excess of 150 ft (46m) in
length. Thc turnaround shall have 8
minimum centerline radius of 40 feet
(12,7m). The grade surface and location of
the fire lane shall be approved by the
authority having jurisdiction. At leall one
elevation of each building .hall be
accessible lathe firc depanmcnl. Required
fire lane. shan be provided with the inntlJ"
edge of the roadway no closer than 10 feet
and no farther than ]0 feet ITom thc
building. Such Janes shall have a surf&cc
designed 10 accommodatc tire apparatus
with a minimum weight of32 tons,
Exception No.1: Adequacy of cmergcncy vehiclc accus
shall be determined by the authority having jurisdiction.
Excepllon No. Z; T or Y turnaround arrangcments shall
bepermined
Exception No.3: - When acceptable to the authority
havins jurisdict~n. turnaround IlJTlUlgements otheT than
a cu/-de-sac shall be permitted to be used
Iii) Add Subsection J.S,S,1 10 read as follows:
J-5.5.1 EMERGENCY VEIDCLE ACCESS
).5.S, 1 Thil leCtion is intended to apply to all sate
installationl EXCEPT lhose serving
individual single-family residences.
Iv) Add Subsection 3-5.S.I.1 to read ufollows:
3-5.5.1.1 All electronic a<<:css
control gate to structures and
properties that may require
emergency services that nmrlct the
free ill8fe.. and egress of emergency
vehicles and are not constantly
attended 24 hours per day shall be
provided with an electronic
transmitter/receiver system capable
of being programmed with a unique
activation code and frequency
approved by the authority having
jurisdiction. Such code or frequency
shall not be used by or provided to
oIher gate UIers. Existing
installations shall comply within 180
dlYs subsequent to the notification
date by the authority having
jurisdiction.
v) Add Subsection 3-5,5.2,) to read 8S follow.;
3-5.5,2,) All electronic accCl. control gates under
section )-5.5.1,1 shall be compatible with the
uniform county -wide transmitters. Said
transmitters are """ied only wilhin emergency
services vehiclcs.
vi) Add Subsection 3-5.5.2.4 to read as followa;
]-5.5,2.4 All electronic access control gatea sball
have a battery backup with a fail ..fe
override.
&c.ptlon No. J - Any otheT override
sy~em acceptable to the Authority having
jurisdiction
Exception NQ, 1 - Gales serving individual
single-family residences.
vii) Add Subsection )-5.5,2.5 to read IS follow.;
)-5,5.2.5 All non-eloctronic access control gales
to structW'ea snd properties that may
requirc emergency services that restrict
the fTee ingreu and egreu of emergency
vehicle. and are not constantly attended
24 hours a day .hall he provided with .
key bolt pe.- section 3-6.
ExuptiOlJ No. 1 - Gate. servina
individual .ingle-family residences
viii) Add Subaection 3-5.5.2.6 to read as follows;
3.5.5.2.6 AJI electronic gate. are required to receive
a building pe.-mit with fire review prior to
installation,
1:1) Amend Subsection 3-5.6.2. lto read as follows;
3-5.6,2.1 Hydnau. CIClrance of3 feet to
the rear and sides offire hydrants
and clear to Ihe street. No new
wet or dry retention or detention
areas shall be located between
the tire hydrant and the fire
access area unleu prior apprOval
ia received from the fire official.
x) Amend Subaection 3-5.6.2.210 read as follows;
).5.6,2.2 PIre Prolecllon Appllan.:es.
Clearance of ] feet to side. and
clear to the street. No new wet or
dry retention or detention areas
shall be located between the fire
appliance and the fire acceu area
unlesa prior approval is received
from the fire official.
(3) PUBLIC ASSEMBLAGES AND EVENTS
I) Addsection3~IO.7toreara.follows;
3-10.7 Public Auc:mblagesand Events
il) Add sul>>ection 3-10.7, I to read aa follows;
Where the authority having jurisdiction determines
that the gathering of persons in a structure or
outlide of a atructure or the nature of the
performance, elthibition, display, contest, or activity
prCllents or is pcedicted to preaent unulUal and
significant impact on public .afety, including access
10 building.. structures, fire hydrant.. fire lanes, and
the like, ~ other provisions of public safety
sefVice5, including fire protection and emersency
medica! services, the authority having jurisdiction
ahall have the authority 10 order the development of
or prescribe a plan for the provision of safety
aervicea which provides a re..onable degree of
safety for the attendees, panicipants and other
affected members oflhe public.
ill) Add Subsection 3~10, 7.2 to read as followa;
to
3-10.7.2 The plan shall address such items at
emergency vehicle ingre" and egress, fire
prolection. emergency medical service" fire
and safety inspections. public usembly areu
and the direcling of aUendees and vehicles,
vendor and food conceuion distribution, and
the need for- the preaence of law enforcement,
fire, and medical services personnel at the
evenl. Said plan .hall be submincd to the
aUlhorily having jurisdiction a minimum of
two week. prior to the Itarting date of the
event.
Iv) Add Subsection 3-10.1.3 to read as follows;
3-10.7.3 The authority having jurisdiction il hereby
authorized to utell and collect realOnable
compenlltion for services rendered to public
assemblages and events covered by the
provisions oflCCtion 3-10.7, as it may deem
necessary in accordance with the applicable
scrvice rcsolution of the governing body
(4) CLOTHES DR.YER VENIlNG
I) Add section 3-11 to read al follows;
Venting of clothes dryers, whether electric or gas fired
shall be on the floor of origin or into an approved shaft.
&c~pI;on I: Group R-3, Detached one and 1If'o--jamily
residences.
Exception 1: Other arrangements IS may be approved
by the authority having jurisdiction.
(E) CHAPTER 7 FIRE PROTECTION SYSTEMS
I) Amend Subsection 7-2.2.210 read as followl;
&cepUon J: Buildings cllSsified IUI R-2, four lIoriel in
height Ire required 10 have manual We! standpipes in
accordance with NFPA 14
ii) Add Subsection 7-2.2.2.1 to read a. follow.
7-2.2.2.1 Any building five slories or more in height
and not otherwise classified as a hiah ri.e
building as defined by the Florida Building
Code, 200] Edition, shall have an automatic
wet standpipe Iystem in accordance with
NFPA 14 capable of supplying the required
glllonl per minute wilh a rClicluaJ preuure
of65 psi al the uppermost holiC connection.
lil) Add Subsection 1-2.2.2.2 to read 81 follQWJ;
7-2.2.2.2 Any high-rise building al defined by the
Florida Building Code. 200 I Edition shall
have an automatic wet slandpipe system in
11
accordlll1(:e' with NFPA 14 capable of
supplying the required sallOnt peT minute
with a residual pressure of 100 psi at tbe
Uppermo.! hOle connection.
Iv) Add Subsection 1.2.2.2.3 to read u Callow.;
1-2,2.2.3 Fire dcpartmcnl valves on standpipe .y.tem.
shall not be prelSurc-reducins valves.
Prcilurc restricting dcvices shall be installed
on any valve with pressure in execlS of 11S
psi. Pressure I'eItricting deviCCl .hall be so
811 to be readily removable, leaving hOle
thread. acceptable 10 the aUlhority having
jurisdiction,
v) Add Subsection 7.2,2.7,4 to read as follows;
1.2.2.2.4 All firc depllltment connections, other than
thOle Sf:rving a high risc building, .hall bc
located within 50 ft (lS.2Sm) of a firc
hydrant and within 50 ft (IS.2Sm) of. firc
departmcnt vehicle acccss road
Exception J: Fire department connections supplying
firc sprinkler systems in accordance with NFP A 13R
that arc not I part of a standpipe system.
Exception 2: Actual locations of flrc department
connections shall be as approved by the authority
having jurisdiction.
vi) Add Subsection 7-2.2.2.5 to read AI follow.;
1-2.7.2.5 New high-risc buildings shill be equipped
with two fire departmcnt connection.. One
connection shall bc located at the building
and one shall be located within IS ft (4.6m)
of a firc hydrant. Eilher fire department
connection shall be capable of operating
independently of the other. The ICCOnd fire
department connection required at thc
building shall not be required to be located
within SO ft (IS.2Sm) ofa fire hydrant.
vii) Add subsection 7.3.1. I. to rcad as follows:
7.3.1.1. Automatic sprinklers shall be installed and
maintained in full operating condition, as
specified for the occupancy involVed in thc
code. or standards listed in Chapter 32.
Installations shall bc in accordance with
NFPA 13, Standard for the Instanation of
Sprinkler Systcm.; NFP A 13R, Standard for
the Installation of Sprinkler Systcm. in
Residential Occupancie. up to and Including
Four Slorics in Height; or NFPA 130,
Standard for the Installation of Sprinkler
Syslems in One and Two Family Dwellings
and Manufactured Homes, as appropriate
12
All fire sprinkler systems shall be designed
with hydraulic calculation method, Sy.tem
desian will be based on a current flow test
For flow test. with a static preuure of S5
PSI or more the tClt will he extrapolated to
lCuonal static of 50 PSI. The formula i. a.
follawa:
X Factor.. Selsonal Static I
MessuredStatic
Design Res. Pres. - (Residua' Pral)
x (X Factor)
Design Pitot PSI - (Pitot Prell) II:
(XfactOT)
For flow tests with a lIatic of lell than 50
PSI the un-extrapolated flow test shall be
used. However in this case a minimum
$Bfety factor of 5 psi above the demand
point of the system shall be uied, Fire flow
data ahall be attached to the hydraulic
calculation. as per section 7.5.1. I
viii) Add to Section 7-3.2.2 to read as follows;
Automatic fire clClinguishing systems shan be
provided, in IC4:0rdance with NFPA 13,
Standard for fhe hmallalla" of Sprinkler
Systems, when required by this Code, or
referenced codes and standards listed in Chapter
32; and in sll new reaidentiaJ occupancies
containing more than four (4) living units; and
when otherwise required by Collier County.
Exceplion No. J: Residential OCCUpancies up to
four (4) storict in height may be protected in
accordance with NFPA IJR, Standard for the
Installation of Sprillller Systems in Residential
Occupancies up to wid Including Four Stories
ill Height, where not otherwise required to be
prolected by liprinklers pursuant 10 the Building
Code or other applicable standards.
ia:) Add Il..Iblcction 7-3.2.2.1, to read.. folloWl;
7-3.2,2.1 All Automatic fire extinguishing .YRom..
in.talled voluntarily, lIbitrariJy or otherwiae,
shall provide an adequate JneIUll (ltub.out)
for future fire sprinkler protection on lanai..
balconies and canopies in residential
occupancie.
x) Amend aubsoction 7.).4.2 to eliminale (2),(3)
and (4). And add two exceptions to the exillillJl
exception a. follow.:
~.ption No 2: 13D systems in one and two family
dwellings.
Exception No J: Sprinkler piping serving not more
than six sprinklers connected directly to a domestic
JJ
..
water aupply system. However the control valve shall
be locked in the open position
J.i) Add Subsection 7.5_1, I to read as follows;
1-S.I,1 The following Ife fire flow requirements for
new construction, changes in OCCupancy or use 10 a
more hazardous classification (according to National
Fire Protection Ancciltion 101, 2000 edition) or any
physical enlargemenl of existing building.. All one and
two family dwellinjl are exempt fonn these
requirements except new .ubdiviaions al provided for
In (I) a below:
New exclusive one and two family subdivision.:
Building Square Footage
(GPM)
Min.
Fire
Flow
less than or equal to SOOO
Greater than 5000
500
750
Subdivision. not capable of delivcrinalhe required fire
flow shall provide aulomatic sprinkler system. In
accordance with NFPA 13, IJR or I3D, 1999 edition.
as applicable.
All other buildings shall calculate required fire flows in
accordance with the following formula shown in
sub5CQtion (3) below. This formula establishes a bale
flow from which the degree of hazard, credit for fire
sprinkler protection and separation dillance will result
in a flnal needed fire flow. National Fire Protection
Association lJ. 1999 edition shall be ulCd for the
purpose ofdctermining hazard classification.
NFPA clusjfication
Formula application
Light
Ordinary I & II
Extra
Light
Ordinary
High
Fire flow basccl on the fannula NFp.. [(18) x
COEFFICmNT FOR THE CONSTRUCTION TYPE)
x (SQUARE ROOT (BUILDING SQUARE
FOOTAGE)} x HAZARD FACTOR x EXPOSURE
FACTORxFmESP~ERFACTOR
Coefficients bued on construction type.
1,5 ... Wood (Typo VI)
1,0 = Ordinary (Type V)
0.8'" Noncombustible (Type IJl & IV)
0.6'" . Fire resistive (Type I & II)
Coefficient ba5<<ld on hazard.
0.75'" Light hazard
1.0" Ordinary huard
1.25 "'High hazard
14
Coefficient baaed on eXposure diltarn::e in feet.
O-lO" 1.25
11-]0"'"1.2
31-60'" US
61-100-1.1
101-150-1,05
>150.. I
Coet1lcient based on tire sprinklers.
O.S "" Fully fire sprinklered
I ... Not fully fire sprinklercd
.Fire Tes.istive construction need only be wcul.tocl on
the three (3) largest successive floon of highest hazard
classification
A fOUf"-hour "fire wall" may be used to reduce total
square footage of a building for the PUrpOICS of fire
flow requirements, providing the wall intersects each
succellive flOOr of the building and complies with
NFPA 221.
The minimum required fire flow for commercial and
multi-family occupancies shall be 750 GPM.
Owners and developers shall make provisions to install
waler lines and fire hydrants to meet spacing and fire
flow requirements. Where fire mains exist but do not
meet the fire flow requiremenls, alternative
arrangements may be made, prior to conllruClion, with
the authority having jurisdiction, Due 10 the concern for
public safety, failure to meet Ihe fire flow requirements
or come 10 alternative agreement shall be grounds for
refusal for the County to issue building permits.
xII) Add Subsection 7-5.1.2 to read as follows;
7-5. I ,2 Where buildings are <:onstrutted, with the furthest
point of the Itructure being one hundred fifty (ISO)
feet or more from a public street, requires private
mains and fire hydrants which shall meet the required
fire flow with spacing 10 be: detennined by the fire
official, not to exceed three hundred (300) foot
maximum distance between hydrants. Hydrantspacini
and required fire flow ,may be altered by the fire
official if, by prior arrangement with the fire official,
aUlomatic fire suppression systems are inslalled in all
buildings on the premises.
:slli) Add subsection 7-5, l.J to read a. follows:
7-5.1.3 Maximum dillance between tire hydrants shall be five
hundred (500) feet in exclusive one and two family
areas with buildings not exceeding 5000 sq ft. and
three hundred (JOO) feet in all other areas.
xlv) add subsection 7-5.1.4 to read as followt:
7~S.1.4 Where buildings are proposed in an srea not meeting
the hydrant spacing requirements. the owner or
"
developer shall provide the number of hydrantl
presuibcd by the fire officill, under the temu of this
section.
n) Add aulnectiOft 7-5.l.S to read as follows:
7-5.1.5 Prior to development of DeW structures or fin:
protection system.. a fire flow tcsl in accordance with
NFPA 291 .hall be preformed by the fire district
having jurildictioD. Such tells .shall be completed no
10llj:CIr than .ix month. prior to the aubmittal for
permit. CalculatiolU of the available fire flow al .
minimum of ZO psi rcsidual ,hall be provided on the
firc protection pl'li required by section 1-18.Z or with
thc hydraulic calculation package submilled for firc
prolClClion system permits. Firc flow tcst report. shall
be submitted on the offici,1 letterhead of the fire
district having jurisdiction
nl) Add subsection 7-5.1,6 to read al follows:
7-5.1.6 Fire hydrant. shan be provided for structures in
accordance with NFP A Z4 and shaJI be distributed 10
that the Needed Fire Fk>w determined by the firc
official may bc delivered. Hydrant locations and
distances to proposed structures mall be indicated on
the Fire Prmection Plan required in section 1-18,2
.lVii) Add IUbsection 7-5. 1.7 to read as follows:
7-5.1.7 Propoted singlc structure site developments within
1000 ft (J04.8m) of existina water mains shall extend
such mains so that the main sizes and hydranl
location! comply with the provisions of this code.
Measurement of the distance shall be along exiltins or
proposed roads, street, driveways or fire lanes as
applicable, Where no piped water supply exists within
1000 ft (J04.8m) di~tance criteria, the requirements of
NFPA 1142, Standard on Water Supplies for Suburban
and Rural Firc Fighting 1999 edition. shall apply.
ProJX*Cd multi-structure lite developments shall
provide permanent fire protection water supply from a
public or private utility Iystem or construct. private
CJlgineered water system acceptable to the authority
havin. jurisdiction and capable of delivering the
required Needed Fire Flow specified in subsection7.
5,1.1
J:Vlli) Add subsection 7-7.1.410 read as follows'
7-7.1.4 AJI fire Iprinkler systcms .hall be monitored by s UL
listed Remole or Central station monitoring aaency.
ExceplJon No J: One and two family dwelling.
:s:b) Add subsection 7-7. U to read as follows:
7-7-1.5 All fire sprinkler systems shall activate one or morc
monitored audio/visusl device located on the eXlerior
of the building. The number and location of the
devlce()) shall be approved by the authority having
jurisdiclion.
16
Exception: Single family dwellings
(f) CHAPTER 13' COMMERCfAL COOKJNG EQUIPMENT
(I) 1J-2 PORTABLE FIRE EXTINGUISHERS
i) Amend IUbsoction 13-2.3 to eliminate the
exception.
See. 51-21. AllleDdmenh to (be Lire s.rety Codt.
NFPA tol Code for Safety 10 Life from Fire in Buildings and Structures. 2000 Edition, is
amended as follows:
(A) CHAPTER 4: GENERAL
i) Add new subsection 4.8, "UHI offjreand Splrlc:
Producins Devices in Public Placet" to read as
follows:
4.8 Vte of Fire and Spark Producing Devices in Public Places.
II) Add new subsection 4.8.1 to read u follows:
4.8.1 It shall be unlawful for any person to smoke, light or carry
a lighted cigar, cigarette, pipe, match or use any spark,
flame, or fire producing device not specifically authorized
by the appropriate district or area fire chief or inspector in
any of the following areas:
t) In the board of county commiuionl chambers,
and in all other public meeting rooms in the
county courthouse complex, and administrativc
buildings, when a public meeting is in progress.
2) In any public thcater, church, tent. motion
picture house or other auditorium used for such
shows or performance when the public gathera.
3) In any mercantile store which voluntarily electa,
by and lhrough the actions of its management,
to be included within thi. section This
prohibition shall not apply to restrooms,
restaurants. coffee ahop.. lads founlain
counters, executive offices or beauty parlors in
IUch mcrcantileslOres.
(B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION
EQUIPMENT
(I) SECTION 9.6 FIRE DETECTION, ALARM, AND
COMMUNICATION SYSTEMS
(I) GENERAL
I) Add Subsection 9.6.1 10 to read al follow.;
9.6.1.10 The .uthorily having jurisdiction may approve
and shall have the authority to require Ii.ned
manual tire alarm box cove... or listed double
action pull slations 10 be instaJled where
manual fire alarm systems are susceptible to
malicious false alarms
17
(D) OCCUPANTNOTIFrCATrON
Ii) Amend subsection 9-6.3810 read 81 follows;
9-6.3.8 Audible alarm notification appliances .hall be
of lOch characler and so distributed as to be
effcctively heard above the avcrII8e ambient
iOund level OCCUrrinS under normal condifioD'
of Occupancy.
RaideDtial OCCUpancies: Audible alarm
indlcaains devices .haI1 be clearly audible in
all bedrooms over background noise levels
with all intervening doon e101ed. The lIUdible
alarm indicatina dcvico SOUndins shall be
measure Il minimum of 10 decibels a' the
pillow height in all bedrooms.
(2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER
EXTINGUISHING EQUIPMENT
SECTION 9.7.4 MANUAL EXTINGUISHING
EQUIPMENT
I) Amend 9.7.4.1 to read u follows'
9.7.4.1 Portable fire extinguishers shall be inataJled in
all l;ommerci.1 and multi-family occupancy
classifications in accordance with NFPA 10,
The Stlllldard for the Installation of Portable
Fire Elttinguishers.
8<<:. 58-29. Reserved.
SEcrJON TWO: Reptl.lll of cenain no longer effective ordinancel.
The followina Collie.. County ordin&nces. havina been preempted by operation of Itate
law, are hereby repealed and arc no longer of any force: or effect: Ordinance #', 76--7,
92~72, 98-74, 99-29, and 99-47.
SEcrJON lHREE: II'clusion in the Code afLaws and Ordinancet:
The provisions of this Ordinance an: intended to become and to be made a put of the
Code of Laws and Ordinances of Callier County, Florida. The sections of the Ordinance
may be renumbered or re-Iettered to accomplish such. and Ihe word "ordinance" may be
changed 10 "scctton," "article," or any other appropriate word
SEcnON FOUR: Conflict and severance.
In the event this Ordinance conflicts with any other ordinance of Collier County or oilier
applicable law, the more rCJtrictive provision. are intended to apply. If any phraae Dr'
ponion of the Ordinance: is held Invalid or unconstitutiOnal by any coun of competent
jurlidictlon, such ponion is doomed a aeparate, diltinct and independent provilion and
sueh holding will not affect the validity ofthe remaining ponion.
18
---.,..,-------
.
Sr:crION FIVE: Effective date.
Thil Ordinance becomes effective upon filing with the DeputmeJlt of Stille.
PASSED AND OUL Y ADOPTED by the Board of County Commiuionen of
CoRier-c.wnIY, Florida, thi, .9:t::L day of <D~ 2002
ATTES-T: ::' BOARD OF COUNTY COMMISSIONERS
DWI~irt B: BROCK, Clerk COLLIER COUNT~. ORID
4Ar..~~~:,v_7"'L-U- --./ BY:' r~
DeputyClefJ( Attlst IS to ChafF'lllll" . ~~hairm.n
.t~t~ lI"ll'
~;u 10 ~nn "
~~,.
Assistant County Attorney
This o,di"""'~~FjW with th{
Sec,etory ,.1: I~'~ Off,ce lhto
....~"y(C~,~
ond od..~",..., "dglllm.~ thot
fili~~lved this"" day
of .~ /
By ~-"~;:'rIi t'
Attachment 5
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples. Rorida 34112 . (239) 774.8383 . Fax (239) 774-4010
December 4, 2006
Commissioner Thomas G. Cannon
Chair, East Naples Fire Board
5089 Tamiami Trail E
Naples, FL 34113
.
Re: Request to amend Collier County Ordinance 2002-49, An Ordinance readopting the
Collier County Fire Prevention and Protection Code by amending the Code of Laws and
Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and
Protection, Article II, Fire Safety Standards for the unincorporated area of Collier
County, by replacing Section 58-26, pertaining to adopted standards and codes of the
National Fire Codes published by the National Fire Protection Association (NFPA)
replacing Section 58-27 pertaining to amendments to adopted fire codes, specifically
NFPA t, 2002 edition; replacing Section 58-28, pertaining to amendments to the adopted
life safety code, specifically NFPA 101, 2002 edition, reserving Section 58-29; repealing
certain ordinances; providing for the inclusion in the Code of Laws and Ordinances;
providing for conflict and severability, and providing an effective date.
Honorable Mr. Cannon:
On November 28, 2006 during the Board of County Commissioners (BCC) regular
meeting, while discussing issues associated.with Item 16E3, recommendation to approve
budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the
total amount of $400.000, the Board directed staff to review, amend and update as
required Ordinance 2002-49. AB with any ordinance involving permitting and
construction activities, I request that the amendment be vetted through the Development
Services Advisory Committee (DSAC) and that representatives of the Collier Building
Industry Association (CBIA) are DQtified prior to scheduling the ordinance for Board
review and approval. In addition; with this revision, pursuant to Statute 633.0215(3), we
respectively request that prior to adoption by the Board the fire district submit the
proposed amendment to the State Fire Marshal for review and for a recommendation as to
whether it should become part of the Florida Fire Prevention Code applicable only to the
incorporated and unincorporated areas ofeoIlier County.
I note that the Board's discussion centered on objections to the mattdatesspecified in
Section 7-5.1.1 which required the installation of a fire .sprinkler suppression system in
the Courthouse Annex Parking Garage.
.
.
Page 2
Thomas Cannon
December 4, 2006
I respectfully ask that you advise this office of the schedule for reviewing and, uneeded,
amending this ordinance so that I can scbedule for a future Bee meeting. If you have
any questions or need additional assistance, please call me at 774-8383 or Joe Schmitt,
Administrator, . Community Development and Environmental Services Division at 403-
2385.
Sincerely,
~
James V. Mudd
COlmty Manager
cc: Leo Ocbs, Deputy County Manager
Joseph K. Schmitt, CD&ES Administrator
Bill Hammond, Director, Building Review and Permitting
Ed Riley, Chief, Fire Plan Review
.
.
~
et.n:
LIII TO TBI 80m
II!IIOIllCI ITB ILooR
IT7lIO
2140469 OR: 2274 PG: 1354
IIcomo In tho OIllClAL RlCOIOS of COLLm coVIn, IL I
01/22/91 ot 11:1011 OIIGHT I. BROCl, CLlIl
Attachment 6
coms
I
li.OO
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into by and between Collier
County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY,"
and the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue
District, B,ig Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control
District, East Naples Fire Control and Rescue District, Ochoppee Fire District, Isle of Capri
Municipal Rescue and Fire Services Taxing District, and the Marco Island Fire Control District,
hereinafter collectively referred to as the "FIRE DISTRICTS."
WHEREAS, the Florida lnterloeal Cooperation Act of 1969, ~ 163.01, Florida Statutes,
authorizes the joint exercise of any power, privilege or authority which the public agencies
involved herein might exercise separately; and,
WHEREAS, the COUNTY and the FIRE DISTRICTS are public agencies, within the meaning
of the Florida Interlocal CooperatioR Act and desire the joint exercise of power which each might
exercise separately for the purpose of providing fire prevention within Collier COWlty; and,
WHEREAS, Section 553.79(2), Florida Statutes, requires review and approval, by both the
building official and the appropriate fire inspector, of plans and specifications for the
construction, erection, alteration, repair or demolition of any building before a permit for such
work may be issued;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises,
covenants, and duties hereinafter set forth, the COUNTY and the FIRE DISTRICTS formally
covenant, agree and bind themselves as follows:
SECTION ONE: Purpose.
The purpose of this Agreement is to provide for an expeditious, high-quality fire plan review and
fire inspection process for new construction, construction projects and existing structures within
the boundaries of the FIRE DISTRICTS by delineating the responsibilities of the COUNTY and
the FIRE DISTRICTS in order to enhance service to the citizens of Collier COWlty.
SECTION TWO: Definitious.
The following terms as used in this Agreement shall be defined as follows:
ADMINISTRATIVE DISTRICT - North Naples Fire Control and Rescue District.
ASSISTANT FIRE CODE OFFICIAL - An individual who is employed by one of the FIRE
DISTRICTS, and who serves in the absence of the Fire Code Official pursuant to this agreement.
OR: 2274 PG: 1355
BOARD - The Collier County Building Board of Adjustments and Appeals as established in
Division 5.4 of the Collier County Land Development Code.
BUILDING CODE- The Code adopted as the Collier County Structural/Building Hurricane
Code, Ordinance No. 96-26, as it may be amended or superseded.
BUILDING OFFICIAL - The Collier County Building Review and Permitting Director or his
designee.
COUNTY - The geneml purpose government of Collier County, which is a political subdivision
of the State of Florida.
FIRE CODE - The Collier County Fire Prevention Ordinance, Ordinance No. 92-72, the Stare
Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in
Chapter 633, Florida Statutes and any successor or amendment thereto during the life of this
Agreement.
FIRE CODE OFFICIAL - The individual appointed by the FIRE DISTRICTS and employed by
the Administrative District who is responsible for the following duties:
1. The accurate and timely review of building permit applications, plans and
specifications for compliance with the applicable Fire Code;
2. The establishment and maintenance of fire inspection criteria to assure that the
Fire Code is consistently applied throughout the COUNTY;
3, The perfonnance of timely and appropriate inspections of permitted buildings for
compliance with the Fire Code and building plans approved for Fire Code
compliance;
4. The performance of statutory functions of the Fire Marshal and Fire Code Official
for new construction; and,
5. Providing Collier County with assistance in updating the Fire Code and related
ordinances.
FIRE DISTRICTS - The independent fire control and rescue districts operating within Collier
County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples,
Marco Island and the dependent districts ofOchopee and Isle of Capri.
FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by
and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter
633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the
Division of State Fire Marshal pursuant to 9 633.05, Florida Statutes. The term as used in this
2
OR: 2274 PG: 1356
Agreement may refer to the Fire Code Official, the Assistant Fire Code Official or a Fire
Inspector employed by one of the FIRE DlSTRlCTS.
NEW CONSTRUCTION OR CONSTRUCTION - lbese tenos include any construction,
erection, alteration, repair or demolition of a building.
SECTION THREE: Administration of Fire District Duties.
In order to implement their duties and obligations under this Agreement, the FIRE DlSTRlCTS
have entered into separate interlocal agreements with the Administrative District. The FIRE
DlSTRlCTS represent to the COUNTY that the Administrative District is authorized by these
interlocal agreements to employ personnel, lease office space. receive payments, disburse funds,
and otherwise operate to represent the FIRE DlSTRlCTS and administer the FIRE DlSTRlCTS'
duties under this Agreement. The COUNTY. based upon the FIRE DISTRICTS' representations,
agrees to recognize the Administrative District as the FIRE DISTRICTS' agent for the
implementation and administration ~f this Agreement.
SECTION FOUR: Qualifications of Fire Code Official and Assistant Fire Code Official.
The FIRE DlSTRlCTS agree to provide a Fire Code Official and an Assistant Fire Code Official.
The Fire Code Official shall have the following qualifications:
I. A minimum of ten (10) years experience reviewing construction plans for Fire
Code compliance, A combination of training and experience may be considered,
2. A Fire Protection Engineering Degree is preferred, but an otherwise qualified
candidate with an Associate Degree in Fire Science or Fire Administration with a
combination of additional training and experience is eligible for the position.
3. Fire Service experience including fire district operations and fire prevention is
desired,
4. Experience in National Fire Protection Association codes and Model Code
interpretation and enforcement.
5. Certification as a Florida Municipal Fire Inspector.
6. Managerial skills that can be demonstrated either by experience or training.
7. The ability to provide a precise, technical and timely examination of construction
plans and specifications for the purpose of determining adequacy of fire and life
safety features.
3
OR: 2274 PG: 1357
8. All legally required licenses and certifications to fulfill his or her duties as
outlined in this Agreement including, but not limited to, all licenses and
certifications that may be required by Section 553.79 and Chapter 633, Flon-da
Statutes, as amended from time to time.
The ASSIST ANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in
paragraphs 3-8 above, and must have a minimum of five (5) years experience reviewing
construction plans for Fire Code compliance.
It shall be the responsibility of the Administrative District to ensure that the Fire Code Official
and Assistant Fire Code Official have and maintain the qualifications outlined in this section.
SECTION FIVE: Fire Plan Review Procedure. .
The Fire Code Official shall review the building construction plans and specifications of all new
construction and construction projects, except for one and two family dwellings, for compliance
with the Fire Code. .
I. The COUNTY shall provide copies of all commercial and multi-family building
pennit applications with plans and specifications as submitted by the applicant.
lbe Fire Code Official shall review such applications by the end of the 3rd
working day following the day the building pennit application is received. Single
family and duplex residential plans shall not be part of the fire plan review
process.
2. The Fire Code plan review shall be performed by the Fire Code Official while
COUNTY staff is reviewing separate copies of the building plans for compliance
with the Building, Plumbing, Mechanical, and Electrical Codes and performing
other reviews that are perfanned by COUNTY staff
3. After completing his review, the Fire Code Official shall submit the reviewed
plans along with his comments to the COUNTY for the COUNTY'S review and
to assure consistency with the Building Codes (Plumbing, Mechanical, Building
and Electrical Code). Any inconsistencies shall be resolved pursuant to Section
Ten of this Agreement.
4. After the construction plans have been reviewed and approved by the COUNTY
and Fire Code Official, the Fire Code Official shall deliver one (I) copy of the
plans to the particular Fire District in which the construction is to occur. The Fire
District hereby agrees to critique, with respect to the Fire Code, the review of the
plans by the Fire Code Official.
4
OR: 2274 PG: 1358
5. The Fire District shall, within three (3) working days after receipt of the plans,
notify the Fire Code Official of any objections or comments the Fire District may
have with regard to review and/or modifications of the plans.
SECTION SIX: Required Inspections and Fees.
1. Insnections Durimz Construction of Buildimls.
The FIRE DISTRICTS agree to perform the following inspections during construction of
buildings and the COUNTY agrees to pay the Administrative District at the rate provided in
Collier County Resolution No. 95.642. and any amended or successor resolution, for the
inspections. Unless otherwise noted herein, the current rate is $.012 per square foot of gross
floor area for buildings less than 75 feet in height and $.017 per square foot of gross floor area
for buildings 75 feet in height and above.
(a) Fire stopping I Draft stopping
(1) At time ofjn~tallation of penetrations through rated assemblies
(b) Temporary Stand Pipe
(1) After third floor
(2) Location
(3) Inspection at each floor
(4) Fire department access
(5) Operation
(c) Exit Lights
(1) Location
(2) Type
(3) Operation
(d) Smoke Detectors
(1) Location
(2) Type
(3) Operation
(c) Heat Detectors
(1) Location
(2) Type
(3) Operation
(I) Doors
(I) Type
(2) Rating
(3) Self closures
(4) Panic hardware
s
OR: 2274 PG: 1359
(5) Locks
(6) Operation
(g) Emergency Lighting
(I) Type
(2) Location
(3) Operation
(h) Trash Chute
(I) Location
(2) Rating
(3) Sprinklers in chute
(4) Sprinklers in trash room
(5) Height at roof
(i) Emergency Generat~r Operation
U) Elevator Operation During Alarm
(k) Fire Department Access
(I) Fire lanes
(2) Turning radius
(3) Obstructions
(I) Notice of Compliance Inspection
(m) Stand Pipes
(J) Fire hose cabinets
aa) Location
bb) Fire hose
j) Location
ii) Type
iii) Length
iv) Nozzle
(2) Pressure test
(3) Location
(4) Location of fire department connection
(5) Roof manifold
aa) Location
bb) Pressure
(6) Operation
6
OR: 2274 PG: 1360
(0) Fire Pump
(I) Type
(2) Size
(3) Valves
(4) Flow switches
(5) Tamper switches
(6) Location
(7) Operation
(0) Fire Alarm
(1) Speakers
aa) Type
bb) Location
cc) Operation
(2) Pull stations
aa) Type
bb) Location
cc) Operation
(3) Phone jacks
aa) Type
bb) Location
cc) Operation
(4) P.A. system
(5) Tape/alarm system
(6) Central control room
(7) Operation of alann
(P) Fire Extinguishers
(I) Size
(2) Location
(3) Type
(4) Service Tag
7
OR: 2274 PG: 1361
2. Construction Proiect Insoections.
The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to
pay the Administrative District at the rate provided in Collier County Resolution No. 95-642, and
any amended or successor resolution, for the inspections.
(a) Fire Sprinkler System Installations
The following inspections shall be performed at the rate of $.58 per sprinkler
head:
(1) Pressure test
(2) Pressure test after 2 hours
(3) Location of head
(4) Type ofhead~
(5) Fire department correction
(6) Location of fire department connection
(7) Gauges
(8) Operation
(9) Notice of compliance inspection
(b) Hood System Installation or Spray Booth Installation
The following inspections shall be conducted on kitchen hood systems or spray
booths with dry chemical, carbon dioxide or halon systems at the rate of$5.00 per head:
(I) Piping
(2) Heads - location
(3) Size
(4) Type
(5) Service tag
(6) Fan
(7) Height
(8) Clearances
(9) Operation
(10) Notice of compliance inspection
(c) Flammable Liquids and Gas Tank Installations
The following inspections shall be performed at the rate of$39.00 for the first
5,000 gallons and $16.00 for each additional 20,000 gallons or any fraction thereof;
(I) Location
(2) Anchoring
8
OR: 2274 PG: 1362
(3) Piping
(4) Notice of compliance inspection
(d) Fire Hydrant Installations
The following inspections shall be perfonned at the rate of$23.00 per hydrant:
(I) Thrust block inspection
(2) Type
(3) Height from streamer to ground
(4) Threads
(5) Location
(6) Access
(7) Notice of compliance inspection
(e) L. P. Gas Installations
The following inspections shall be perfonned at the rate of $36.00 for all tanks or
tank systems greater'than 24 gallon capacity or 100 pounds liquefied petroleum
(L.P.) gas capacity and $14.00 for each additional 20,000 gallons or any fraction
thereof:
(I) Location
(2) Anchoring
(3) Piping
(4) Notice of compliance inspection
(f) Minimwn Fire Inspection Fee
A minimum fee of $32.00 shall be charged for each inspection.
3. Re-insoection fees.
The COUNTY shaH pay the Administrative District in accordance with the Collier County re-
inspection fee schedule found in Collier County Resolution 95-642, and any amended or
successor resolution, for every properly documented reinspection conducted by the FIRE
DISTRICTS.
4. Certificates ofOccuoancv.
No Certificate of Occupancy shall be issued until a determination is rendered by the Building
Official, or his designee, that the construction is in compliance with the Collier COlUlty Building
Codes (Plumbing, Mechanical, Building and Electrical Code) and a Notice of Fire Compliance
has been issued by a FIRE DISTRICT.
9
OR: 2214 PG: 1363
S. Collection and Disbursement oflnsoection Fees.
The COUNTY shall be responsible for the collection and disbursement of fees to the
Administrative District, including building plan review, fire inspection fees and fire reinspection
fees, based upon infonnation provided by the Fire Code Official and the FIRE DISTRICTS.
Disbursement to the Administrative District shall occur by the twentieth (20") working day
following the last day of the calendar month in which the fees were collected.
SECTION SEVEN: Required Inspection for Existing Structures.
The FIRE DISTRICTS agree to perform the following inspections on existing structures within
their districts at no charge to the COUNTY. These inspections to be performed include, but are
not limited to, the following types dr inspections:
(a) Fire Extinguishers
(1) Type
(2) Size
(3) Location
(4) Height
(5) Service Tag
(b) Means of Egress
(1) Fire Rating
(2) Doors
(3) Emergency Lighting
(4) Obstruction
(5) Travel Distance
(c) Fire Sprinkler
(I) Existing Fire Sprinkler Systems shall be inspected perNFPA 25.
(d) Fire Alarms
(1) Manual Pull Stations Locations
(2) Smoke Detector Locations
(3) Heat Detector Locations
SECTION EIGHT: Position Funding.
The position of the Fire Code Official shall be funded by the current funding operation. The
current funding arrangement is that the fire plan review fee, which is equal to 15% of the
10
OR: 2274 PG: 1364
building (structural portion) pennit fee, is coJlccted by Collier County in accordance with Collier
County Resolution No. 95-642, and any amended or successor resolution. The fire plan review
fees shall continue to be collected by Collier County and forwarded to the Administrative
District in the appropriate amount. The Administrative District shall utilize these funds to
support the hudget for the Fire Code Official.
SECfION NINE: General.
1. The Fire Code Official shall represent all independent and dependent FIRE
DISTRICTS in Collier County which are parties to this Agreement.
2. The COUNTY shall provide rental space within the Development Services
building for the Fire Code Official to conduct his duties. Said rental space shall
be provided in accordance with the Lease Agreement dated ~ Z /5' J' .7
entered into between Collier County and the North Naple Ire Control and
Rescue District, wh!ch Lease is attached hereto as Exhibit "A." Said Lease
Agreement addresses the amount of rent to be paid to Collier County for the Fire
Code Official's office in the Development Services building and also addresses
issues such as access to the COUNTY'S computer system, office equipment and
telephone system, as well as the provision of secretarial support to the Fire Code
Offici.1.
3. The FIRE DISTRICTS shalj provide an Assistant Fire Code Official for the Fire
Code Official when he is unable to perform his duties for more than two (2)
consecutive days.
4. The Fire Code Official's office shaH be open during the normal business hours of
other offices in the Development Services building.
5. The FIRE DISTRICTS shall provide Fire Safety Iospectors, io accordance with
Chapter 633, Florida Statutes, to perform the required fire inspections listed in
Section Six of this Agreement. The FIRE DISTRlCTS need not provide certified
firesafety inspectors to perform inspections of existing structures pursuant to
Section Seven of this Agreement; however, these inspections ~hall be performed
by appropriately trained personnel of the FIRE DISTRICTS.
6. The COUNTY shall provide the necessary enforcement authority for the FIRE
DISTRICTS to conduct plan review and inspections for new construction.
7. The FIRE DISTRICTS agree to continue to enforce the Fire Code on existing
buildings and when violations are found the FIRE DISTRICTS, or anyone of
them, shall pursue enforcement through the Collier County Code Enforcement
Board, State Attorney, or other agencies as allowed by law. The FIRE
DISTRlCTS, or anyone of them, shall prepare and present the case to these
II
OR: 2274 PG: 1365
agencies, perform all follow-up investigations and provide any necessary
documentation for future action by the FIRE DISTRlCTS, or anyone of them,
with the agency involved.
8. The COUNTY shall adopt the Fire Coders) required by Florida Statutes and shall
review amendments requested by the FIRE DISTRICTS.
9. The Fire Code Official shall be an employee of the Administrative District and
subject 10 the personnel policies and rules of the Administrative District. The
Assistant Fire Code Official shall be an employee of one of the FIRE DISTRICTS
and subject to that Fire District's personnel policies and rules. In no event is the
COUNTY intended to stand in an employer.employee relationship with either the
Fire Code Official or Assistant Fire Code Official.
SECTION TEN: ConDict. and Appeal..
1. In the event of a contlict between the applicable minimum Building Code and the
applicable minimum Fire Code, it shall be resolved by agreement between the
Building Official and the Fire Code Official in favor of the requirement of the
code which offers the greatest degree of life safety or alternatives which would
provide an equivalent degree of life safety and an equivalent method of
construction.
2. In the event that the Building Official and Fire Code Official are unable to agree
on a resolution of the conflict between the applicable minimum Building Code
and the applicable minimum Fire Code, the Building Official shall render a
temporary decision to resolve the conflict.
3. An applicant for a building permit may appeal any decision made by the Fire
Code Official and the Building Official or any temporary decision made by the
Building Official to the Board in accordance with the procedures stated in
Division 5.4 of the Collier County Land Development Code. Should construction
continue during the appeal of a decision or temporary decision, it shall be at the
risk of the contractor or permit holder.
4. All decisions of the Fire Code Official and/or the Building Official and all
decisions of the Board shall be in writing. Decisions of general application shall
be indexed by Building and Fire Code sections and shall be available for
inspection at the COUNTY'S Development Services building during normal
business hours.
5. In the event a conflict of code or interpretation develops between the Fire Code
Official and a representative of one of the FIRE DISTRICTS, the conflict shall be
resolved by a committee of five (5) members to be know as the Fire Board of
12
OR: 2274 PG: 1366
Adjustments and Appeals. The persons on this committee shall be members of
the Collier County Fire MlU1Ihals Association ("CCFMA "). The President of the
CCFMA shall appoint the members to serve on any such committee and they shall
operate in accordance with the procedures attached as exhibit "B", Each
committee member shall have one (I) vote and any decision shall be rendered by
majority vote. All decisions of this committee shall be in writing and mailed to
each Fire District, the Fire Code Official and the Building Official.
6. Major field modifications shall be directed thru the Fire Code Official's office by
way of a revision process.
SECTION ELEVEN: Notices.
Any notice made pursuant to this Agreement by the COUNTY to the Administrative District
shall be in writing and delivered by hand or by the United States Postal Service, certified mail,
return receipt requested, postage prepaid, addressed to the following: North Naples Fire Control
and Rescue District, 1441 Pine Ridg~ Road, Naples, Florida 34109. AU invoices and payments
shall be sent to the North Naples Fire Control and Rescue District.
Any notice required or made pursuant to this Agreement by the Administrative District to the
COUNTY shall be in writing and delivered by hand or by the United States Postal Service,
certified mail, return receipt requested, postage prepaid, addressed to the following: Neil Dorrill,
COlUlty Administrator, Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida 34112 with a copy to Vincent A. Cautero, Administrator, or his successor, Community
Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida
34104.
Any notice required to be provided to any FIRE DISTRICT shall be mailed to the Chief of the
Fire District at the fire station in which his office is located.
SECTION TWELVE: Term and Termination.
The Agreement shall remain in effect until terminated by either the COUNTY or the
Administrative District. The COUNTY or the Administrative District may terminate this
Agreement with or without cause by providing written notice to all other parties to this
agreement. Such termination shall be effective forty-five (45) days from receipt of such written
notice.
If an independent or dependent Fire District that is a party to this Agreement wishes to withdraw
from this Agreement, it shall provide written notice of its withdrawal to the COUNTY and the
COUNTY shall have forty~five (45) days to give notice of termination to the Administrative
District if the COUNTY wishes to tenninate this Agreement. If no such termination notice is
delivered by the COUNTY, this Agreement shall be deemed modified to exclude the
withdrawing district.
13
~._--,._----- --_._-_.~._-----_._--_._-. ----,~----...-
OR: 2274 PG: 1367
SECTION THIRTEEN: Entire Agreement and Amendment orthis Agreement.
This Agreement contains the complete and entire understanding of the parties. Other than as
stated in Section Twelve, this Agreement may only be amended by a written instrument duly
executed by the parties with the same fonnalities as the original.
SECI'ION FOURTEEN: Termination of Prior Interlocal Agreements.
Upon the effective date of this Agreement, all prior interlocal agreements between the COUNTY
and the FIRE DISTRICTS on the same subject shall be terminated.
SECTION FIFTEEN: Recording.
In accordance with ~ 163.01(11), Florida Statutes, this Agreement shall be recorded by the Clerk
of the Circuit Court in the official records of Collier County, Florida.
SECTION SIXTEEN: Effective Date.
This Agreement shall become effeclive upon its execution by the COUNTY and the FIRE
DISTRICTS and its filing in the Official Records ofCoHier Counly, Florida.
IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respeclive
dates set forth below.
'.,'
~~.
toess
/J4;b4~~
Witness
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~/ib~
DATE: / Aiel?
'.
ArrEST: ~i:
DWIGHT E. BR09,~ Clerk
M:t~':~~rL
NORTH NAPLES FIRE CONTROL and
RESCUE D1STRlCI'
'v I}+- ;J{. ~J
By: vi ~(7 elf;'\.- 71L-a.'4-
Chairman
Date: If /fY/ 9'(,
, ,
14
OR: 2274 PG: 1368
tCiZ?~!1;l; "~
b ~~~.
Q-~RIf~
Witness
GOLDEN GATE FIRE CONTROL aDd
RESCUE DISTRICT
By:
;(JAMb/) M
Chairmal}
Dale: 11/" /9(,
, ,
&cd /lfa~~
Witness
Y':I/~j-tf~
t' Wilne..
BIG CORKSCREW ISLAND FIRE CONTROL
aDd RESCUE DISTRICT
L~;? ~ _
By: fL-~
ChairM '\ /
Dale: 1.!'<'oL.cJ,,/f Ly,,~) 1I/IZhb
f1jhJ<,\~ 0 rOil ~
l:' WilDe..
IMMOKALEE FIRE CONTROL DISTRICT
~J-g~
. itness
By:iiklr iJa,7J~
Chairman
Dale: /1 - IF- /~
,
ro:
~7 ~~~
Wlt)le..
Gy'-.-j' II
Y... _ \i4<V1-1....lA-
Witness
EAST NAPLES FIRE CONTROL aDd
RESCUE DISTRICT
Byr-~O C
Chairman
Date: H-~ 'L-~ '"'
zJ2 C?=;-
&c..v't/-I.b.eb...
Witness
MARCO ISLAND FIRE CONTROL DISTRICT
*** OR: 2274 PG: 1369 ***
Dote:
'..;~, y:.,
A UEST:I illi>i~(
~ " ,'~~~' <~
- '~ " . .:.f-
',' DWIGHT',/!;"IJROf;K, Clerk
::. ,~' '1,,'_;,
-;,Jr.: F" p;~ "~r'll
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BOARD OF THE OCHOPEE
FIRE DISTRICT
.,.vP.rL
,
By: 7di~i7k~
Dote: I/:
"
I :"'" "\
AUEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF THE
ISLE OF CAPRI MUNICIPAL RESCUE AND
FIRE SERVICES TAXING DISTRICT
:~ ~:fIt~
.;\{..I:i..l
/./i
DWI.GHT E. BR,OCK, Clerk
Jv:,i0.4c~/1 . _AJ.rl
--. '. ~,<., \'. '. .,.
"
..,'.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
rLI.. j Arlti--_
Heidi F. Ashton
Assistant County Attorney
h:hra\misc.llnterlocalagreementflredlstrictli\9_16-96
16
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
Evaluation of Potable Water System to Meet Fire Flow Requirements
Greeley and Hansen LLC
December 22. 2006
Introduction
This study was conducted to determine the cost associated witn increasing the County Level
of Service Standard for water transmission system pressure under maximum day demand conditions
with a fire flow from 40 psi to 55 psi.
The Level of Service Standard currently in place in Collier County requires that the minimum
pressure in a water transmission main, generally l2-inch diameter or larger, be 40 psi during
maximum day demand conditions witn a tirc flow. This level of service in the County water
transmission system provides rcasonable assurance that a minimum pressure of20 psi, as required by
Florida Statutes, can be maintain in tne cntire water distribution system during maximum day
demand plus tire flow condition. Tne County, currently. can meet this requirement in the water
transmission system.
The County initiated tnis study in response to new Fire Protection and Prevention Code
Requirements (Fire Code), which have been adopted (Ordinance No. 2005-32) by the Collier County
Board of Commissioners. However. a review of the new Fire Code does not indicate any specific
requirements for increasing the water transmission main operating pressures, but does include
requirements for design of on-sitc fire protection systems. Tne Fire Code requires tnat all new
connections with fire protection systems be designed utilizing the hydraulic calculation method based
on a current flow test at tne proposed point of connection to tne County watcr system. At proposcd
conncction locations where flow tests indicate an existing County water system static pressure of 55
psi or greater, the fire protection system shall be designed based on a static pressure of 50 psi. At
proposed connection locations where flow tests result in a static pressure of less tnan 55 psi, the fire
protection system shall be designed based on a static pressurc of 5 psi less than the measured static
pressurc.
If the County water transmission systems were designed to provide watcr at 55 psi under
maximum day conditions, proposed new connection locations at smaller (distribution) water mains
may still result in static pressures at connection points of less than 55 psi.
There are three options available to upgrade the transmission system pressure by 15 psi as
follows:
I. Increase tne transmission system pressure by upgrading the high service pumps at the
treatment plants and upgrading the booster pumps at the remote pumping stations;
2. Installing parallel water transmission mains and/or replacing smaller diameter mains with
latcr diameter mains; or
Page I of3
3. Combinations of options I and 2 above.
Since most oftne existing water transmission mains are along congested road corridors and
since pipeline construction is very expensive, only option I above is considered practical.
A summary of preliminary improvement recommendations and costs for increasing the
maximum day demand operating pressure to 55 psi are described below.
Capital Improvement Costs
Increasing Collier County's maximum day demand operating pressure to 55 psi tnrougnout
tne existing potable water transmission system will require plant discharge pressures to increase a
minimum of 15 psi. Preliminary analysis oftne existing high service pumps at the North County
Regional Water Treatment Plant (NCR WTP) and South County Regional Water Treatment Plant
(SCR WTP), based on final expansion of both plants, indicates that the cumulative horsepower
produced by the existing pumps is insufficient to increase plant discharge pressures by 15 psi. In
addition, larger pumps than what is currently being designed for tne Northeast Regional Treatment
Plant (NERWTP) will also be required.
Upgrading the high service pumps at the NCR WTP and SCR WTP will also require
significant electrical, mechanical, and structural improvements. Costs for tne required improvements
to upgrade the NERWTP have been provided by tne plant designer. The SERWTP is not scheduled
to be on line until 2017. Additional costs to upgrade the future SER WTP nign service pumps will be
similar to increased costs for tne NERWTP.
Conceptual capital improvement costs were prepared for eacn treatment plant. Costs are
generally shown occurring in the year each plant expansion is forecast to be completed, and are
escalated from 2006 costs at eignt percent per year. Since the final SCR WTP expansion is currently
ongoing, conceptual improvement costs are shown occurring in 2009 to account for additional time
associated witn design, bid and construction for tne new nigh service pumps. Conceptual capital
improvement costs are provided in Table 1.
Estimated Operatinl! Costs
Larger horsepower pumps use more energy, wnicn results in higher operating costs.
Estimated additional annual operating costs were determined for operating the larger nigh service
pumps for each plant. Costs are based on water demands for each year as forecast in tne 2005 Water
Master Plan Update. The estimated additional costs are assumed to begin in 2009 to allow for
improvements to be designed and constructed. A summary oftne estimated additional annual
operating costs is shown on Table 2.
Advantal!es and Disadvantal!es of Improvements
The advantages and disadvantages associated with increasing the water transmission pressure
to 55 psi are briefly outlined as follows:
Advantages
. Increased revenues. Increasing pressure will increase customer use.
Page 2 of 3
. Better systems pressures to meet fire flow demands in the extremities of the system.
. Reduced costs for new facilities requiring on-site fire protection.
Disadvantages
· The capital costs for these improvements are not forecast in current CIP. High service pump
improvements will be necessary to increase service pressure througnout Collier County's
existing transmission system. In tne case of the SCR WTP, new pumping and electrical
equipment will be required to replace facilities thai were recently installed.
. Higner operating costs. Higher operating pressures require more energy.
. Potential pipeline failures. The existing transmission and distribution system provides
reliable service under the current operating conditions. Increasing tne system operating
pressures increases the risk for unknown weak points within system to experience pipeline
failure. Because the location and extent of these weak points are currcntly unknown,
reasonable repair and replacements cost arc difficult to estimate. Also, pressure reducing
valves may be required at certain locations, particularly tnose locations near the treatment
plants.
. Per capita water demand will increase, resulting in potential changes to construction
schedules for proposed water supply, treatment and transmission facilities. This is
contradictory to tne South Florida Watcr Management District and County goals for water
conservation.
Summary
Tne total present worth costs for the upgrade is $12.144,000, which represents $6,263,000 in
construction cost and $5.88 J ,000 in increased operating costs over 20 years. The water transmission
system, as it is designed and planned. currently meets tne County's level of service standard and
State Fire Code requirements. Given tne upgrade costs and the otner disadvantages described above,
it is not recommended to upgrade the transmission system pressures.
Page 3 of 3
.'
:t;<(.'~~
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CIJ....",.'AIII4!N
Tbomu O. Canaoa
CbairmIo
Rldwd Olbbo..
Vice auunnan
An&c1a S. Davis
SecIelaIyIlieaI\ll'er
David DaVllllpOl'l
Rob Boyer
om.-"
, .. Robert &Iwlt
FiIe Chief
Rob Pouciaer
Auiltaot Chief
Leo Davis
Ocpuly a1lef
Oparad!llll
Oo\JgJ.. B.Dym
Deputy Chief
Support Sorviceo
!tICk Biondo
Deputy Cmet
FiIe Prevention
1.. Keith Teague
Deputy Chief
Training
http://www.cu1.d.org
.
P.ast :Napfes 'Fire Contro{ ana ,%scue CfJistrict
4198 ([Javis (]Joufevanf · !Nap~ tEL 34104
<plUme.. (239) 114-7111 tEa:{; (239) 114-1782
EACH COMM.~ Rf.C'O COp'r
Jim Coletta, Chairman Of fH TH f((J!) RECEIVED
Board of Collier County Commissioners I4AR 0 7 2II1l
3301 E. TamJamJ Trail . . ....,.,~eon......_
Naples, FL 34104.__-....
Dear Chairman.
In response to receiving the agenda titled March ] 9, W07 BBC _ Fire
Commissioners Joint Workshop, I would like express my appreciation for the
timely respoll8C to our request for a meeting between the commissions. As this
meeting was initiated by the East Naplcs Board of Fire Commissioners. I
respectfully ask that several issues be added to the agenda. In addition to the
proposed agcrula, we arc requesting the following issues be added;
. Phased permitting! start work carly letters
. Lifting North Naples Fire District red tag issue
. Building Department issuing a C.O. (Certificate of Occupancy)
without Fire approval
. ALS Engine Program
We are looking forward to this workshop and the opportunity to establish a clear
and conscience communication path between Collier County and Ihe Fire Districts.
-.. Q c_J:~'-
Chairman
-
.
;
.
e
~~;Y~;;~~~la
. r7:
v.....'l ~~ 2Il11
,
MEMO
DATE:
TO:
FROM:
Maroh 8, 2007
Jim Mudd, County Manager
Jim Coletta, Chairman,
Commissioner, District 5
SUBJECT: Joint BCCIEast Naples Fire Control & Resc:ue District Worlrahop
After you have had an opportunity to read the llUached letter from Mr. Thomas G. Cannon,
Chainnan of the East N aplea Fire Control and Resc:ue District, I would like to talk to you.
I realize our meeting time would be insufficient to hear all these issues. We may want to
schedule a 8CICOIld workshop in an attempt to discuss all these issues.
Je: nkr
etta,
Cc>mmiosioncr, District 5
.
An: Thomas G. Cannon's Letter received March 7, 2007
.
". :',
.
>JtClltHv.:'>~-L-UnSlIlUllL n: VIew ;:,uulI(es: Unllne ,:')unsnme
Page] ot5
.
Select Year: 2006
~I
The 2006 Flcrida Statutes
Ii~lIt
REGULATIO ~ OF TRADE, COMMERCE,
INVESTMENT;, AND SOLICITATIONS
Cbaplliill
BUILDING CONSTRUCTION
STANDARDS
'&:Itlo1ire
Chajlter
553.79 Permits; al)~licatfons; issuance; inspections.--
(1) After the effective date of the Florida Building Code adopted as herein provided, it shall be
unlawful for any pel "son, firm, corporation, or governmental entity to construct, erect, alter, modify,
repair, or demolish '''y building within this state without first obtaining a permit therefor from the
appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of
the authorized statE' (,r local enforcing agency, be delegated authority to issue such permits, upon the
payment of such re'"onable fees adopted by the enforcing agency. The enforcing agency is empowered
to revoke any such permit upon a determination by the agency that the construction, erection,
alteration, modification, repair, or demolition of the building for which the permit was issued is in
violation of, or not in conformity with, the provisions of the Florida Building Code. Installation,
replacement, remo, ai, or metering of any load management control device is exempt from and shall not
be subject to the pHflit process and fees otherwise required by this section.
.
.
(2) Except as provicled in subsection (6), an enforcing agency may not issue any permit for construction,
erection, alteration. modification, repair, or demolition of any building or structure until the local
building code adminis':rator or inspector has reviewed the plans and specifications required by the
Florida Building Cod~, or local amendment thereto, for such proposal and found the plans to be in
compliance with thE Florida Building Code. In addition, an enforcing agency may not issue any permit
for construction, erection, alteration, modification, repair, or demolition of any building until the
appropriate firesafety inspector certified pursuant to s. 633 081 has reviewed the plans and
specifications required by the Florida Building Code, or local amendment thereto, for such proposal and
found that the plans omply with the Florida Fire Prevention Code and the Life Safety Code. Any
building or structurE which is not subject to a firesafety code shall not be required to have its plans
reviewed by the firescfety inspector. Any building or structure that is exempt from the local building
permit process may net be required to have its plans reviewed by the local building code administrator.
Industrial construch)r, on sites where design, construction, and firesafety are supervised by appropriate
design and inspection ,orofessionals and which contain adequate in-house fire departments and rescue
SQuads is exempt, Sl b. ect to local government option, from review of plans and inspections, providing
owners certify that "policable codes and standards have been met and supply appropriate approved
drawings to local bu l(.ing and firesafety inspectors. The enforcing agency shall issue a permit to
construct, erect, alt2f, modify, repair, or demolish any building or structure when the plans and
specifications for su<:h proposal comply with the provisions of the Florida Building Code and the Florida
Fire Prevention CodE' ind the Life Safety Code as determined by the local authority in accordance with
http://www.leg.state. j].IJs/statutes/index.cfm?mode~ View%20Statutes&SubMenu~ 1 &App... 2/13/2007
.
.
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- ~ ._~~~ -- "--'\JUU"H.., _H '11 . V lc;W ,...HmUlC:; ,---'LUUO-..?LflU.),)j->;:jectIOo / J : UnJtne ,sunshine
Page I uti
(9)(a) In the even; e f .3 conflict between the Florida Building Code and the Florida Fire Prevention Code
and the Life Safety (ode as applied to a specific project, the conflict shall be resolved by agreement
between the local )[ ilding code enforcement official and the local fire code enforcement official in
favor of the requir,'" lent of the code which offers the greatest degree of lifesafety or alternatives which
would provide an eqllivalent degree of lifesafety and an equivalent method of construction.
(b) Any decision made by the local fire official and the local building official may be appealed to a local
administrative board designated by the municipality, county, or special district having firesafety
responsibilities. If I h" decision of the local fire official and the local building official is to apply the
provisions of either tile Florida Building Code or the Florida Fire Prevention Code and the Life Safety
Code, the board may not alter the decision unless the board determines that the application of such
code is not reasonabl~. If the decision of the local fire official and the local building official is to adopt
an alternative to the codes, the local administrative board shall give due regard to the decision
rendered by the local officials and may modify that decision if the administrative board adopts a bette.-
alternative, taking mo consideration all relevant circumstances. In any case in which the local
administrative boarj ,dopts alternatives to the decision rendered by the local fire official and the local
building official, sw:h alternatives shall provide an equivalent degree of lifesafety and an equivalent
method of construcie.n as the decision rendered by the local officials.
(c) If the local building official and the local fire official are unable to agree on a resolution of the
conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety
Code, the local administrative board shall resolve the conflict in favor of the code which offers the
greatest degree of lifesafety or alternatives which would provide an equivalent degree of Iifesafety and
an equivalent method of construction.
http://www.leg.state.fl.us/Statutes/index.cfin? App mode=Disp1ay Statute&Search String... 2/14/2007
fj/
~~...~-~-~ -- .......'-'..'-'''''..'...,U . V l\">H uH.HI.Hc;:"l. \.JJIJJIIt:: ~UIJSllJne
Page 1 0[2
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Select Year: 2006
IGol
The 2006 FlllIida Statutes
IiLe JOOill
REGULATION Of f ROFESSIONS AND
OCCL'P \TIONS
Chilj:!ter.46ll
MISCELLANEOUS PROFESSIONS AND
OCCUPATIONS
View Entire
Cb.apter
468.604 Responsihilities of building code administrators, plans examiners, and inspectors.--
(1) It is the responsibility of the building code administrator or building official to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair,
remodeLing, or demolltion of structures and the installation of building systems within the boundaries of
their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida
BuILding Code and any appLicabLe locaL technical amendment to the FLorida Building Code. The buILding
code administrator or building officiaL shall faithfully perform these responsibilities without interference
from any person. These responsibilities include:
.
(a) The review of con;truction pLans to ensure compliance with aIL applicable sections of the code. The
construction plans fI' ust be reviewed before the issuance of any building, system installation, or other
construction permit. T he review of construction plans must be done by the building code administrator
or building official 0'- by a person having the appropriate plans examiner License issued under this
chapter.
(b) The inspection of .~ach phase of construction where a building or other construction permit has been
issued. The building cede administrator or building official, or a person having the appropriate building
code inspector Licen,e issued under this chapter, shall inspect the construction or installation to ensure
that the work is perf "med in accordance with applicable sections of the code.
(2) It is the responsi.)i'ity of the building code inspector to conduct inspections of construction,
alteration, repair, remJdeLing, or demolition of structures and the installation of building systems, when
permitting is required, to ensure compLiance with the Florida BuiLding Code and any applicabLe Local
technical amendmen: '0 the FLorida Building Code. Each building code inspector must be Licensed in the
appropriate category a i defined in s. 'l6116.ll.1.. The building code inspector's responsibilities must be
performed under the dIrection of the building code administrator or building official without
interference from an:, unlicensed person.
.
(3) It is the responsil.oil ;ty of the pLans examiner to conduct review of construction pLans submitted in
the permit applicatio 1:0 assure compliance with the Florida BuiLding Code and any applicabLe Local
technical amendment t) the FLorida Building Code. The review of construction pLans must be done by
the building code adnlillistrator or building officiaL or by a person licensed in the appropriate pLans
examiner category as d.,fined in s. 1f!!L6D3~ The pLans examiner's responsibilities must be performed
http://www.leg.state.fl.ui/Statutes/index.cfin?mode= View%20Statutes&SubMenu= 1 &App... 2/13/2007
IllalUleS (5l Lonstltutol :Vlew Statutes: Online Sunshine
Page I of2
.
Select Year: 2006
f&'l
The 2006 F10rida Statutes
Iille.;QQill
REGULATION OF PROFESSIONS AND
OCCU"J\TIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND
OCCUPATIONS
~n1ire
ChaRter
468.604 Responsibilities of building code administrators, plans examiners, and inspectors.-.
(1) It is the responsibility of the building code administrator or building offfcialto administrate,
supervise, direct, enfc\rce, or perform the permitting and inspection of construction, alteration, repair,
remodeling, or demolition of structures and the installation of building systems within the boundaries of
their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida
Building Code and any applicable local technical amendment to the Florida Building Code. The building
code administrator or building official shall faithfully perform these responsibilities without interference
from any person. Th'~se responsibilities include:
.
(a) The review of construction plans to ensure compliance with all applicable sections of the code. The
construction plans mu:.t be reviewed before the issuance of any building, system installation, or other
construction permit. The review of construction plans must be done by the building code administrator
or building official 0" by a person having the appropriate plans examiner license issued under this
chapter.
(b) The inspection of each phase of construction where a building or other construction permit has been
issued. The building code administrator or building official, or a person having the appropriate building
code inspector license issued under this chapter, shall inspect the construction or installation to ensure
that the work is performed in accordance with applicable sections of the code.
(2) It is the responsibility of the building code inspector to conduct inspections of construction,
alteration, repair, remodeling, or demolition of structures and the installation of building systems, when
permitting is required, to ensure compliance with the Florida Building Code and any applicable local
technical amendment to the Florida Building Code. Each building code inspector must be licensed in the
appropriate category as defined in s. 468 603 The building code inspector's responsibilities must be
performed under the direction of the building code administrator or building official without
interference from any unlicensed person.
.
(3) It is the responsibility of the plans examiner to conduct review of construction plans submitted in
the permit application to assure compliance with the Florida Building Code and any applicable local
technical amendment to the Florida Building Code. The review of construction plans must be done by
the building code administrator or building official or by a person licensed in the appropriate plans
examiner category a, defined in s. 468 603 The plans examiner's responsibilities must be performed
http://www.leg.state.D.I.s/Statuteslindex.cfin?mode= V iew%20Statutes&SubMenu~ 1 &App... 2/13/2007
.
.
.
,~ Enlincement of the Florida Fire Prevention Code.
(I) Section 633.,)2 5, F.S., provides that each municipality, county, and special district wilh firesafety
responsibilities i 5
required to enforce the Florida Fire Prevention Code. Such enforcement requires inspection of each new
building subject to the
Florida Fire Prevention Code and includes periodic inspections of each existing building subject to the
Florida Fire Pre,'elltion
Code.
(2) The Florida Fire Prevention Code contains several provisions and requirements that may interrelate
with the Florida
Building Code. 1t i:'i not the intent of the Florkla Fire Prevention Code that such interrelation result in
duplicate review.. (Iud
inspections by eicher the firesafety official or the building official. The authority having jurisdiction over
firesafety is respoDiible
for enforcement ,)f the Florida Fire Prevenlion Code hereof and should discharge its obligation in a manner
that does not expose
those regulated t<llmnecessary or unnecessarily expensive duplication of effort. To that end. the authority
having jurisdiction over
frresafety is directed to clearly delineate responsibility for enforcement of the Florida Fire Prevention Code
hereof, and, in th,~ event
that a dispute arises regarding the enforcement of the Florida Fire Prevention Code as related to the
enforcement offr'e Florida
Building Code, the authority having jurisdiction over firesafety shaH resolve the dispute by the procedures
set forth in Chapter 633
and Chapter 553, F.S., as required by Section 633.01, F.S.
(3) If deemed necessary by a fire official for a complete, accurale, and thorough firesafety plans review or
inspection, the fire
official may requesl assistance from a building, electrical, plumbing, or similar specialty inspector;
however, nothing in this rule
gives authority or jurisdiction to any person other than a frresafety inspector certified under Section
633.081, F.S., to perform
firesafety inspections required by law, rule, ordinance, or code.
(4)(a) Section 63:.01, F.S., provides that it is the intent of the legislature that there be no conflicts in the
interpretation and
enforcement of the Florida Fire Prevention Code and the Florida Building Code.
(b) In the event 0 d conflict hetween the Florida Fire Prevention Code and the Florida Building Code, the
procedures set fu II--
in Chapter 553. }, S . (nd specifically either
] Paragraph (d) I f uilsection (I) of Seclion 553.73, r.s.. relating 10 conflicts in general to be rcso]v~d
through mediatiL) , lr
~ Paragraphs (a) h ollgh (0 of subsection (9) of Section 553.73. F.S.. relating to contlicts in the
application of the ~' :JrIda Fire
Prcvt>llfinn Cod\.' n Ill!: rlorida Building (Ildt- [(I a "pcc1tk projec1. as appJkHble. .,hall be foIJo\\'.:J
69A-60.007 Enforcement of the Florida Fire Prevention Code.
. (I) Section 633.025, F.S. provides that each municipality, county, and special district with frresafety responsibilities is required
w enforce the Florida Fire?r,~vention Corle. Such enforcement requires inspection of each new building subject to the Horida Fire
Prevention Code and includ~s periodic inspections of each existing building subject to the Florida Fire Prevention Code.
(2) The Florida Fire Prevention Code contains several provisions and requirements that may interrelate with the Florida
Building Code. It is not the intent of the Florida Fire Prevention Code that such interrelation result in duplicate reviews and
inspections by either the frresafety official or the building official. The authority having jurisdiction over frresafety is responsible for
enforcement of the Fiorida Fi,.. Prevention Code hereof and should discharge its obligation in a manner that does not expose those
regulated to unnecessary or Wlnccessarily expensive duplication of efforL To that end, the authority having jurisdiction over
firesafety is directed to elearll delineate responsibility for enforcement of the Florida Fire Prevention Code hereof, and, in the event
that a dispute arises regarding the enforcement of the Florida Fire Prevention Code as related to the enforcement of the Florida
Building Code, the authority having jurisdiction over frresafety shan resolve the dispute by the procedures set forth in Chapter 633
and Chapter 553, F.S., as required by Section 633.01, F.S.
(3) lf deemed necessary by a fire official for a compJete, accurate, and thorough frresafety plans review or inspection, the fIre
official may request assistallc~ from a building, electrical, plumbing, or similar specialty inspector; however, nothing in this rule
gives authority or jurisdiction to any person other than a firesafety inspector certified under Section 633.08J, F.S., to perform
frresafety inspections required by law, rule, ordinance, or code.
(4)(a) Section 633.01, F.S., provides that it is the intent of the legislature that there he no conflicts in the interpretation and
enforcement of the Florida r ire Prevention Code and the Florida Building Code.
(b) In the event of a confl ict between the Florida Fire Prevention Code and the Florida Building Code, the procedures set forth
in Chapter 553, F.S., and specifically either
I. Paragraph (d) of subsection (1) of Section 553.73, F.S., relating to conflicts in general to be resolved through mediation, or
2. Paragraphs (a) through (I) ofsubseclion (9) of Section 553.73, F.S., relating to conflicts in the application of the Florida Fire
Prevention Code and the Florida Building Code to a specific project, as appJicable, shall be foHowed.
(5)(a) Section 633.01, F S, provides that the State Fire Marshal may issue, and if requested in writing by a substantially affected
.erson or by a local enforcing agency, i.e., an authority having jurisdiction, the State Fire Marshal shall issue declaratory statements
o interpret the Florida Fire Prevention Code.
(h) To request an interpretation of the Florida Fire Prevention Code from the State Fire Marshal through a declaratory statement,
a person who is not an authority having jurisdiction must proceed through the local appeal process and receive an adverse ruJing
from the local appeals board. ^ person does not become a substantially affected person WItil such person receives an adverse ruling
after having completed the local appeal process because the local interpretation with which the person disagrees, if challenged,
cannot be enforced until after having been upheld in the local appeal process.
(c) lfthe person who is not an authority havingjurisdiction receives an adverse ruling after proceeding through the local appeal
processj such person then becomes a substantially affected person within the meaning of Section 633.01, F.S., and may at that time
petition for a declaratory statement from the State Fire Marshal.
(d) Any petition for declaratory statement that has been received by the State Fire Marshal from a person who is not an authority
having jurisdiction and who has not proceeded through the local appeal process shall be dismissed, without prejudice to fe-bring the
petition after such person ha.':- received an adverse ruling through the local appeal process.
(e) An authority having jurisdiction may request a declaratory statement from the State Fire Marshal at any time, regardless of
whether the interpretation of Ule authority having jurisdiction has been chaJIenged; however, an authority having jurisdiction must,
in compliance with Section 120.565, F.S., be presented with an actual particular set of circumstances prior to petitioning for a
declaratory statement. Declaratory statements are not issued on a hypothetical set of facts if the authority having jurisdiction or any
other substantiaJIy affected pc:rson is not presented with an actual particular set of circumstances.
(f)1. A petition for a declaratory statement is not required to be in any particular fonn; however, each petition must comply fully
with Section 120.565, F.S., and Chapter 28-105, F.A.C.
2. Although there is no requirement that a petition be in any particular form, a form exists on the Division of State Fire Marshal
website located at http://www.fldfs.comlSFMJ which, if used, complies in all respects with the requirements of the law and will
assist the division in expediting the proceedings.
.Pecific Authority 633.01,633.0215,633.025 FS Law Implemented 633.01,633.0215,633.025 FS History-New 1/-15-01, Formerly 4A-60.007,
.
ADAMS, FEICHTHALER & BRINSON
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
AITORNEYS AT LAW
Hal_-\dml1~
J\IelviUe G Ellmon. Jl]
Ene p, Fe1Ch~1:l1er, Of C:o'.\nse1
8:15~) Srn.ngfellow Road
Unit .-\, Suite 102
St. Jilme~ City, FJ~ 33956
Telephone: 239-282-0551
Fax 239-282-0515
i\.G- Bl1nson's Direct Line:
239-282-0285
e-mail btinson@afblaw.com
j\ftlilingacldress
Post Office Box 69C!
St. .hunes Clry, FL 3395S
\'(/ebsite: ~)_'}~~w.,ll])bw,CJlll
December 21,2006
~(Q)rv
Joseph K. Schmitt, Administrator
Community Develcpment and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Schmitt:
. I have be'or! asked by Mr. Riley, the Fire Code Official for Collier County, to write
you addressing cartain concems associated with the activities of the Collier County
Building Official.
Issue 1
Issuance of Permanent and Temporary Certificates of Occupancy Without Approval
of the Fire Official
It is my understanding that the building official is issuing final and temporary
Certificates of Occupancy without approval of the Fire Official. It is Mr. Riley's position that
a Certificate of Occupancy cannot and should not be issued without approval by the Fire
Official, and that IS the Fire Official's prerogative to determine compliance with the Fire
Code.
The Fire Code is part of the Building Code. Section 110.10 of the Building Code 1'1f<!'! .t
requires the buildillg official to ensure compliance with the Building Code, i.e. no violations
of the Building Code. prior to the issuance of a Certificate of Occupancy. Section 110.1 of
the Building Code prohibits occupancy of a building or structure prior to the issuance of a
Certificate of Occ'Jpancy. Section 110.3 does allow temporary occupancy under certain
circumstances. The specific question is whether the building official can issue anv
Certificate of Occupancy without Fire Official approval and Fire Official confirmation that
the building meets Fire Code. Without this approval, the end result is that the building is
certified as fit for occupancy without any assurance that the building meets Fire Code and
is therefore compliant with Fire Safety requirements.
.
1(~1(J.434U,])()Ct
.Adams, FelChtbalcr 8: Brinson
Joseph K. Schnutt
December 21, 2(1(1(
Pagt ::: of 5
.
Issue 2
Building Offici81's Authorization of Construction Prior to the Issuance of Various
Building Permits
The Floricla Building Code provides in Section 10512 that the building official may
authorize work to ')e started prior to the final approval and issuance of the building permit,
provided that ally work completed is entirely at the risk of the permit applicant and
provided the wo"k does not proceed past the first required inspection. Section 1 05.13 of
the Florida Building Code allows phased permit approval. which in general allows a
building official to authorize the issuance of a permit for construction of such things as
foundations or pal1s of a building or structure before the construction documents for the
whole building o' structure have been submitted and prior to the issuance of the permit for
the entire struclure. Permits issued pursuant to Section 105.13 are subject to the 111.& .2
requirements of 3,3ction 553.79(2) and must be reviewed and approved by the appropriate
fire safety inspector.
.
It is my unclerstanding that the building official for Collier County is authorizing work
to proceed past the first required inspection without final approval and without issuance of
the building pennt. In addition to the legal objections my client has to this practice, the
practical difficult'! is that without the issuance of the final permit, it is not feasible to conduct
inspections because an inspector is unable to determine whether work complies with or
does not compl, with the permit requirements since there is no permit to measure the
work against. In addition, at various points when construction becomes more complete,
work can proceec' to the point where items requiring inspections, such as sprinkler pipes.
etc., are difficult or impossible to access because they are encased in completed
construction.
My client has asked that I send you this letter for the purposes of bringing this
matter to your a,'\ention for proper consideration.
Legal Discussion - Applicable Standards
It is well-settled Florida Law that statutory interpretations that render statutory
provisions superfluous are and should be disfavored, see Johnson vs Feder. 485 So.2d
401 (Fla 1986). Stated differently, statutes should be read in such a way so as to give
them meaning.
It is also well settled that "the Legislature's intent to establish fire prevention and
control regulations in Ch. 633 and building code regulations in Part VI, Ch. 553. The
purpose of Part VI, Ch.553, is to ensure safe and adequate construction of buildings and
structure while Ch. 633 governs fire safety pertaining to such buildings and structures.
See. Tampa-Hillsborough County Expressway Authority v. KE Morris Alignment Service,
Inc.. 444 So.2d P26 (Fla.1983) (statutes should be construed in light of manifest purpose
to be achieved)." A G Gp. 86-60 (1986). (,48:J
.
pXJIl4\413.DOC:
Adams, Feichthalel' & Brinson
Joseph K. SchmItt
December 2-1. 200(1
Page 3 of 5
.
In In reo t/!e matter of Collier County Fire Code Official. Case No. 80325-05-FM. the
building official for Collier Counly had enacted a policy which had the effect of precluding
or exempting reviElw and inspection by the Fire Official certain buildings and structures.
The Florida Department of Financial Services noted that while the building official may
take all actions he or she deems necessary to properly administer his or her duties under
the Florida Buildinq Code. no action the Building Official takes may interfere with. impede,
obstruct or impair the Fire Safety Official in carrying out his or her duties and
responsibilities under Chapter 633 Florida Statutes or Chapter 69 A-60, Florida
Administrative Code, the Florida Fire Prevention Code Further. the Department of
Financial Services clearly stated that the Building Official has no authority to determine
which plans the appropriate Fire Inspector mayor may not review.
I.
Leqal Discussion Issue 2
Neither Section 105.12 nor 105.13 of the Florida Building Code provides the
Building Official With any legal authority to allow work to proceed past the first required
inspection without the issuance of a Building Permit. Any such authorization or attempted
authorization by the Building Official would be contrary to the Florida BUilding Code and
would infringe upon the rights and duties of the Collier County Fire Code Official.
In Palmetto West Park, L.c. V. Miami-Dade County, an appellate decision from
Miami's "Board of Rules and Appeals", hereinafter "BORA", Case No 05-027 AP (Circuit
Court 11th Judicial Circuit. 2005) 2006 Fla. ENV Lexis 9, the Court was considering actions
by the BORA on the placement of a driveway. The Court noted:
".. .it is readily apparent that BORA, the Board entrusted to preside
over matters relating to the Building Code, would exceed its authority as it
evaluates the placement of a driveway when there are other governmental
entities that are expressly charged with the ultimate responsibility for the
use, scale and location of roads. paths, and driveways." at 14.
Courts interpret Statutes consistent with their plain language, specifically that the
enforcing agency for a particular construction issue has the jurisdiction and is required to
have issued a permit for the work before it may be commenced. I would also commend to
your attention AG Opinion 86-81. This opinion reinterprets AG Opinion 86-60 discussed
above. In this opinion. the Attorney General stated that
.
"" .tlle requirements in the standard or code as adopted by the State
Fire Marshal shall be the uniform requirements for those occupancies
required by the Legislature to meet uniform fire safety standards. Local
jurisdictions are preempted from and shall not impose any more stringent
requirements and shall not permit or enact or allow any occupancy to meet
any reqUirement less stringent that that imposed by the State Fire Marshal's
uniform standard or code". at 5-6.
100043413.Dor::
.
.
AdmTIs, Felchthaler 8.. Brinson
Joseph K. SchmItt
December 21. 21J(I(
Page '-\. of 5
It should b" noted that Section Ii:n 081(1)(2) clearly indicate that all Fire Safety IR(,; 'I
Code inspectionS3re to be conducted by 2J certified Fire Safety Inspector, that person for
Collier County is flY client, not the Collier County Building Official The Building Official's
actions in allowlni) construction to proceed beyond the point authorized by the Florida
Building Code, End further to Ihe point effective fire code safety inspections are rendered
impossible, violates both the building code and the fire safety code as set forth in Chapters
553 and 633 Flo'ieia Statutes.
I would further bring to your attention Section 553.79 Florida Statutes which is a
part of the Florida Building Code Section 553.79(2) very specifically provides that
".. an enforcing agency may not issue any permit for construction,
erection, 3lteration, modification, repair, or demolition of any building until the
appropriatE fire safety inspector certified pursuant to Section 633.081 has
reviewed the plans and specifications required by the Florida Building Code,
or local amendments thereto, for such proposal and found that the plans
comply witl1 the Florida Fire Prevention Code and the Life Safety Code"
Other than certain exceptions provided for in the Statute which are not applicable,
there is no equiVocating language in the Statute. it is absolutely clear that the Building
Official's actions \Iiolate Chapter 553 and that my client must inspect and approve plans
before they proceed beyond the point provided for by Sections 105.12 and 105.13 of the
Florida Building Code. It is clear that even an inspection by a fire safety inspector retained
by the County Nould not satisfy the requirements of Section 553.79(2), which requires
certification by an appropriate fire safety inspector. An appropriate fire safety inspector is
the Chief of a Fire District (in the case of Collier County) or the Chief's designee, which in
Collier County is IVlr. Riley. See Section 633.121. Florida Statutes.
It is clea' that plan review and the issuance of a permit is absolutely required with
regards to the Life Safety Code. As per the discussion of Section 105.102 of the Florida
Building Code above. un-permitted work may not proceed past the first required inspection
and there is no exception for phased permits. Further, the Building Official's actions can
not in any way In'Tude upon or supercede the Fire Official's responsibilities and duties with
regards to Fire:ode or Life Safety Code issues.
Based cn all of the law discussed herein, it is inarguable that the Collier County
building officia's actions violate Section 553.79 Florida Statutes and that they are
inconsistent both with the building code and the fire code. See Sections 120.569 and
120.57 Florida Statutes. n;$ 5
.
{IW"i[)43413.l)(X:i
.
.
.
Ad~ms, Feichthak:: to{. Bnnson
Joseph K Schn-utt
December 2"ll 2001)
Page 5 of 5
Very sincerely,
//
rv1elville G. Brinson, III
MGBIII/pas
cc: William Hammond, Collier County Building Director
David Weigel. Collier County Attorney
fllIW14341JDOCl
.
COLLIER ('OUNTY BUILDING REVIEW &
PERJ\1ITTING DEPARTMENT
-, ---.-" ,.--.---".-".- ".-_."..,~ -- ",-,., '~-'~--. ...._--,-_....,.-.... ,".---- "- -- .-
28')0 N. Horseshoe Dlive " Naples, Florid~ 34104 . (239) 403-2401 e Fax (239) 213-2906
January 5, 2007
Adams, FeichthE le:r & Brinson, Attorneys at Law
P.O. Box 690
St. James City, FL 33956
Attn: Melville G. Brinson, III, Esq.
Subject: Your letter to Joseph K. Schmitt, dated December 21, 2006
Enclosure: (1) Application to appear before the Board of Adjustments and Appeals
(2) Memo to Ed Riley, dated January 2, 2007
Dear Mr. Brinson:
.
Mr. Schmitt Ilas asked that I reply to the letter noted above and in an effort to maintain clarity
I will respond by ifslJe, as identified by you.
Issue 1
Issuance of Permanent and Temporary Certificates of Occupancy Without Approval of the
Fire Official
Your letter quotes the applicable section of the 2004 Florida Building Code, 110.1, but you
did not include encuqh of the section to fully explain the requirements of the section, which states:
110.2 After the buildmg official inspects the building or structure and finds no violations of the
provisions of this cocle or other laws that are enforced by the department of building safety, the
building official shall issue a certificate of occupancy that contains the following...
When you consider this section with 11 0.1, you understand what must occur to allow r/1-/J J.
issuance of a certificate of occupancy (CO). What must occur are inspections, to the point that the
Building Official is assured (finds) no vioiations of the code. These inspections are performed by the
Building Department, the governing Fire Districts, and other agencies responsible for other laws as
applicable. No CO is issued until the Building Department receives a Certificate of Fire Compiiance
from the governing Fire District. I find no reference within the code to a requirement for the Fire
Official to approve a CO; the requirement is for inspections. Further, you state "The specific
question is whether the building officiai can issue any Certificate of Occupancy without Fire Official
approval..."
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Given the ianguage of the Code, I do not understand the grounds under which the "question"
is presented. Mr,,~iley is not inspecting the buildings, and as you note, Mr. Riley is a designee of the
Chief of the Fire Districts and not vice versa. In fact the Interlocal Agreement between the
Independent Fire Districts and the Board of County Commissioners specifically states under section
4. Certificates 0,' Occupancy; No Certificate of occupancy shall be issued unlil a determination is
rendered by the Building Official that the construction is in compliance with the Coliier County rl'fJ5 If
Building Codes... and a Notice of Fire Compliance has been issued by the Fire District. It appears
Mr. Riley is concerned I am following the rules of the Interlocal Agreement.
Is Mr. Riley asserting that the Certificate of Fire Compliance we receive from the inspecting
Fire District is insufficient proof that the requirements of the Florida Fire prevention Code have been
met for that structure? If this is the case, then I would consider Mr. Riiey's assertion possibly in
conflict with Florida Statute 468.604, Responsibilities of building code administrators, plans
examiners, and inspectors, which states: (1) It is the responsibility of the building code "J'?;/J t
administrator or building official to administrate, supervise, direct, enforce, or perform the permitting
and inspection of construction, alteration, repair, remodeling, or demolition of structures and the
installation of budding systems within the boundaries of their governmental jurisdiction, when
permitting is required, to ensure compliance with the Florida Building Code and any applicable local
technical amendment to the Florida Building Code. The building code administrator or buildIng
official shall faifhfully perform these responsibilities without interference from any person
Issue 2
Building Official's Authorization of Construction Prior to the Issuance of Various Building
Permits
Other than authorizations for early work starts, I have not allowed any construction to
proceed without permit and ail permits have the requisite inspections assigned. The phase permits IRa fD
allowed are deriv,scl permits from a parent permit; no phase permit is ailowed until the parent permit
has been reviewed, no phase permit is allowed if the scope of work under the phase permit is in
conflict with any review comments, whether building code or fire code. It is my opinion issuing
phase permits under these conditions satisfies the intent of the applicable Florida Statutes, noted
below respectively; 468.608 (notes the responsibilities of the Building Official) and 553.79 (notes
plan review requirements);
4GB. flOe (a)... The construction plans must be reviewed before the issuance of any building, system ""'ff~ (,
insfallation, or other construction permit.
553.79 ... an enforcing agency may not issue any permit for construction, erection, alteration,
modification, repoir. or demolition of any building until the appropriate firesafety inspector certified
pursuant to s. 633.Jl81 has reviewed the plans and specifications required by the Florida Building
Code.
Additionally, sending the phase permit application back to the Fire Official to review that
which it has reviewed in the parent permit appears to be in conflict with Florida Administrative Code,
Florida Fire Prevention Code chapter 69A-60.007 Enforcement of the Florida Fire Prevention Code,
which states;
(2) The Fiorida Fire Prevention Code contains several provisions and requirements that may
interrelate with the Florida Building Code. It is not the infent of the Florida Fire Prevention Gode thet
such interrelafion result in duplicate reviews and inspections by either the firesafety official or the -r1f6 7
building official. The authority having jurisdiction over firesafety is responsible for enforcement of the
.
55~1-3
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Florida Fire Prevention Code hereof and should discharge its obligation in a manner that does
not expose t/; ose regulated to unnecessary or unnecessarily expensive duplication of effort.
Leaal Discussion Issue 2
Within this section you state "it is absolutely clear that the Building Official's actions violate
chapter 553..." Given the references noted above, i submit I have acted within the spirit and intent
of the all applic'lhle statutes and codes. But, what is clear is we have a conflict between the Fire
Official and me t,le Building Official. However, the law has aliowed for resolution of this as well;
Florida Statute-Sf~lso states; (c) If the local building official and the local fire official are unable
to agree on a resolution of the conflict between the Florida Building Code and the Florida Fire .7"7/-~ i/
Prevention Code and the Life Safety Code, the local administrative board shall resolve the conflict in
favor of the code which offers the greatest degree of lifesafety or alternatives which would provide
an equivalent degree of lifesafely and an equivalent method of construction.
In this case the local administrative board is the Collier County Board of Adjustments and
Appeals, as authorized under the Collier County Land Development Code chapter 8.05. /l1-a 7
Accordingly, I hav'3 included an application to appear before the Board so that you may forward it to
your client. I look forward to a discussion of these matters by the Board in a public forum; aiso in an
effort to remain as amenable as possible, I wili temporarily suspend the practice of issuing phase
permits under current policy untii a determination has been made by the Board. Further, in a related
matter I have been informed of actions taken by the North Naples Fire District with regard to a phase
permit issued by this Department, in which the District issued a stop work order to the contractor.
My position in this Tlatter is contained within encl: (2).
Sincerely, , C
/ / .
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Brli'Ha:nmolld, CBO
Director of Building Review and Permitting
cc: file
Jarnos Mudd, County Manager
Joseph K. Schmitt, Administrator, Community Development and Environmental
Services
Jeffrey Kiatzkow, Assistant County Attorney
Ed Hiley, Collier County Fire Code Official
Fire Chief, East Naples Fire District
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_ Co~!SOHl'lt~
II
II
MEMORANDUM
DATE:
TO:
January 2, 2007
Ed Riley, Collier County Fire Code OHicial
FROM:
Bill Hammond, Director, Building review
Permitting
SUBJECT:
Phase Permit number; 2006120044
Ed,
I have been informed that the North Naples Fire District issued a stop work order to the
contractor periorming work under this permit. Further, I have been informed the reason for the
stop work order was that the phase permit, under which the work was being periormed, is not
considered a legal permit by the Fire District and not because the work violated the Florida Fire
Prevention Code. I can oniy assume that the Fire District considers the permit illegal because of
the letter I received from your attorney last week stating you feei these permits do not satisfy the
requirements of FS 553. For the record, as I do feel my actions fulfill the spirit and intent of the
statute I must consider your letter official notification that a conflict exists between me, as the
Building Official and you, as the Fire Code Official. Given, this I must inform you that i consider
the Fire District's act of issuing a stop work order for the permit, for the reasons noted above, to
be beyond the authority of the Fire District and the stop work order is not valid.
I do not come to this decision lightly or without diligence. Your attorney's letter sets into
motion certain required actions: the proper, official course of action for such resolution when a
disagreement or conflict arises between the Building Official and the Fire Code official is spelled
out by ordinance and statute. Under the Interlocal Agreement, section 10; in the event the Fire
Code Official and Building Official are unable to agree on a resolution, the Building Official shall
issue a temporary decision to resolve the conflict; under FS 553, when the Fire Code Official and
the Building Official are unable to agree on a resolution the issue shall be taken to the local
governing board for resolution; in this situation the Board of Adjustments and Appeals
Neither of these required actions has occurred, the Fire District issued a stop work order
prior to the fulfillment of either due process. Accordingly, since the stop work order occurred
without these required processes, I cannot support the continuance of the stop work order nor do
I consider the stop work order binding on the contractor. I have informed the contractor that he is
authorized to continue work under the phase permit issued to him by this Department.
I realize the Fire District may do whatever they wish, but I feel it is my responsibility to
inform you that I consider their actions a violation of the applicable ordinance and statute. In an
effort to avoid further disruption and penalty to the contractor, I encourage you will relay this
information to the Fire District.
/=,pG L (;2.)
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I appreciate you have concerns about the phase permit process as currently instituted,
but our conflicts must be resolved in accordance with established procedure. I look forward to the
opportunity to discuss these matters as the process moves forward.
Copy: file;
permit file
Joseph Schmitt, Administrator, Community development and Environmental
Services
Supervisors
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North Naples Fire Control and Rescue District
1885 Veterans Park Drive -- Naples, FL 34109
(239) 597-3222 Fax (239) 597-7082
January 16, 2007
William Hammond, Director
Building Review !lUd Permitting
2800 North Horseshoe Drive
Naples, FL 34104
Subject: Phase Permit Number 2006120044 for Perrrrit Number 2006034598
Dear Mr. Hammond:
In response to ym'r letter of January 2, 2007 I am disappointed that you would take action on
hearsay and not contact us to get our input. North Naples Fire Prevention did issue a stop work
order on December 29,2006.
This stop work order was issued for violations of the 2004 Florida Fire Prevention Code,
specifically NFPA 1 Section 1.7.11.3, and Collier County Ordinance 2005-32 Section 1.14.2(4). 1lft5 1.2
The District has lbe authority to enforce the Florida Fire Prevention Code and County Ordinance
2005-32.
I feel that you ha ve gone beyond your authority by authorizing the contractor to continue work.
Please understand that although we have not decided a specific course of action at this time, we
will vigorously defend our authority to enforce the Fire Code within the jurisdiction as granted
by Florida Statute ,533.121.
Sincerely,
e~'"-:f3.1 ~
Fire Chief Michael L. Brown
MLB/KKRJbek
Xc: James Mudd, County Manager
Leo Oches, Deputy County Manager
Joseph K Schrrritt, Adrrrinistrator, Community Development Services
Chris Marsala, Esq.
Ed Riley, Fire Code Official
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North Naples Fire Control and Rescue District
1885 Veterans Park Drive n Naples, FL 34109
(239) 597-3222 Fax (239) 597-7082
January 16, 2007
William Hammond, Director
Building Review and Permitting
2800 North Horseshoe Drive
Naples, FL 34104
Subject: Phase Permit Number 2006120044 for Permit Number 2006034598
Dear Mr. Hanunond:
In response to your letter of January 2, 2007 I am disappointed that you would take action on
hearsay and not ,x,ntact us to get our input. North Naples Fire Prevention did issue a stop work
order on December 29, 2006.
This stop work order was issued for violations of the 2004 Florida Fire Prevention Code,
specifically NFPA I Section 1.7.11.3, and Collier County Ordinance 2005-32 Section 1.14.2(4). (.lft5 1.2-
The District has ,be authority to enforce the Rorida Fire Prevention Code and County Ordinance
2005-32.
I feel that you ha VI: gone beyond your authority by authorizing the contractor to continue work.
Please understand that although we have not decided a specific course of action at this time, we
will vigorously defend our authority to enforce the Fire Code within the jurisdiction as granted
by Florida Statute 633.121.
S incerel y,
~a:er.l ~~
Fire Chief Michael L. Brown
MLB/KKR/bek
Xc: James Mudd, County Manager
Leo Oches, Deputy County Manager
Joseph K. Schmitt, Administrator, Community Development Services
Chris Marsala, Esq.
Ed Riley. Fire Code Official
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_ 4~r County
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MEMO
DATE:
February 1, 2007
TO:
Ed Riley, Fire Code Official
FROM:
Bill Hammond, Director Building Review and Permitting
SUB":
Collier County Board of Adjustments and Appeals
(BOAA)
(1) Excerpt from Florida Statute, 553.73
(2) Excerpt from the Interlocal Agreement between the
Independent Fire Districts and the Collier County Board
of Commissioners
(3) Agenda for the February 22, 2007 meeting of the
BOAA
Encl:
Ed,
I have received your email dated January 30, 2007, where you state your
attorney recommends you seek declaratory statements from the DCA and State
Fire Marshall's Office. And, that your attorney further advises that the BOM is
not the appropriate venue to hear our opposing arguments, stemming from the
letter your attorney sent to Joseph Schmitt on December 21, 2006. I can
appreciate this recommendation from your attorney, and in many situations I
would concur; however given the very specific reference within enclosure (1)
regarding our situation, clearly seeking a declaratory statement is not the
required course of action. In addition, seeking the statements conflicts with the
direction included within enclosure (2), in which an interim resolution to the
matter of a disagreement between the Fire Code Official and the Building Officiai
would be temporarily resolved by a decision by the Building Official.
Accordingly, this memo will serve as notice my decision is in place, in that
I temporarily suspended the issuance of phase permits (in their current form) until
a determination has been made by the BOM; and that the matter of your
assertion that the Building Official has no authority to issue certificates of
occupancy without approval by the Fire Code Official will be heard by the BOM;
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both stated in my response to your attorney dated January 5, 2007. This
decision was made in strict accordance with the references noted above.
Therefore, I am compelled to proceed with the BOM and therefore will
convene the Board on February 22, 2007; I strongly encourage you to attend and
actively participate. Further, as the Secretary of the BOM, I arn required to
assemble all supporting documents to be presented to the Board. In order for
the Board to fully review the documents and allow time to answer any questions
the Board rnay have regarding the information, or to respond to any request for
further information, I must forward the information packages to the Board no later
than February 15th, 2007. In order to accomplish this, your supporting
documents must be in my office no later than the close of business February
13th, 2007; my office will make all required copies, you need only submit one
copy. If you choose not to appear at the Board, I will supply the Board with the
letter your attorney sent to Joseph Schmitt on December 21, 2007 and I will
include full copies of the statutory and code references noted within the letter.
And, I will make such testimony as required to support the references I include in
my response to your attorney dated January 5th, 2007. Any other discussion by
the Board or any testimony by witnesses, or by public attendees who may
request permission to speak before the Board, and all printed information
provided to the Board will be recorded for the public record. It is important you
understand the Board will convene and hear testimony.
Again, I hope you appreciate it is imperative both of our positions be
placed in the public record, before the Board and subject to discussion; such
opportunity does not occur in the declaratory statement process. In order to do
this in accordance with enclosure (1), I have no choice but to convene the BOM.
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File;
Joseph Schmitt, Administrator COES
Bill Mountford, Assistant County Attorney
Supervisors
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Excerpt from Florida Statute 553.73. (9)
(c) If the local building official and the local fire official are
unable to agree on a resolution of the conflict between the
Florida Building Code and the Florida Fire Prevention Code
and the Life Safety Code, the local administrative board
shall resolve the conflict in favor of the code which offers
the greatest degree of lifesafety or alternatives which
would provide an equivalent degree of lifesafety and an
equivalent method of construction.
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ENCLOSURE 1
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Excerpt from Section 10: Conflicts and Appeals contained within
the Interlocal Agreement between the Collier County
Independent Fire Districts and the Collier County Board of County
Commissioners, recorded with the Collier County Clerk of Courts
January 22, 1997.
2. In the event that the Building Official and the Fire Code
Official are unable to agree on a resolution of the conflict
between the Building Code and the applicable minimum Fire
Code, the Building Official shall render a temporary decision to
resolve the conflict.
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ENCLOSURE 2
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ADMINISTRATION
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1.7.7 Interference with Enforcement. Persons shan not inter~
[ere or cause conditions thll would interfere with an AlU carry.
iog out Wly duties or functioJls prescribed by this Code.
1.7.8 Impersonation. Per5or:s shall not use a badge, uniform, or
other credentials to impers, mate the AHl
1.7.9 Investigation.
1.7.9.1 Authority. The Al-U shall have the authority to investi-
gate the cause, origin, and circumstances of any fire, explosion,
release of hazardous material;;, or other hazardous condition.
1.7.9.2 Evidence. The AH,f shall have the authority to take cus~
tody of all physical evidenct relating to the cause of the fin;
explosion, release of hazard\)us materials, or other hazardous
condition.
].7.9.3 Limiting Access. '(11<:: AHJ shall have the authority to
limit access to emergencies or other similar situations.
1.7.9.4 Trade Secret. InfOlrnation that could 1tP related to trade
secrets or processes shall not be made part of the public record
except as could be directed by a COUI1 of law.
1.7.10 Plaos and Specification. The AHJ shall have the autbor~
ity to require plans and specifications to ensure compliance with
applicable codes and standa!'ili..
1. 7.11 Florida Fire Prevention Code and Florida Building
Code Interrelation. The Florida Fire Prevention Code con-
tains several provisions and requirements that may interrelate
with t:4e Florida Building Code, It is not the intent of this Code
that such interrelation resu!t in duplicate reviews and inspec-
tions by either the firesafecy official or the building official.
The authority having jurisdiction over firesafety is responsible
for enforcement of the Florida Fire Prevention Code hereof,
and, in the event that a dispute arises regarding the enforce-
ment of the Florida Fire Prevention Code a::; related to the
enforcement of the Florida Building code, the authority having
jurisdiction over firesafety shall resolve the dispute by the
procedure set forth in Chapter 633 and Chapter 5.53, Florida
Statutes, as required by Sec!ioi1633.01(5).IR~peetiBH sleaR
struetioD aDd IRstQllotioR.
1.7.11.1 The AHJ shall be notified by the person performing
the work when the in~1allation lS ready for a required inspection.
1.7.11.2 Whenever any installation subject to inspection prior
to use is covered or concealed without having first been in-
spected, the AHl shall have: the authority to require that such
work be exposed for inspecti,)n
1.7.11.3 When any constnlctwn or installation work is being
performed in violation of the plans and specifications as ap-
proved by the AHl, a writtc n notice shall be issued to the re-
sponsible party to stop wor~ 011 that portion of the work that is
in violation.
1.7.11.4 The notice shali state the naOlre of the violation,
and no work shall be continued on that portion until the viola.
tion has been corrected.
F 1.7.11.~ P.flflF"",'al. ,,[the Hre..e..:lf'ElJ1me&t aesass 8fl8 all tests fer
L fwe alafffi, 8!teea68, and sH_~r-es!li8H systems, smelts lW8eUB
F aSH s)'stemB, ane life safe!:, ~.y:.tem.s shall ge eeHeluetee ~r.jer te
L BAal iasJleatiaR BBet i!i9l:l.anetl of a semBeat" af ees!Iflaney.
1.7.12 Stop Work or Evacul\tion.
1.7.12.1 The AHJ shall have th~ authority to order an operation
or use stopped and the immedJate evacuation of any occupied
building or area when such bi.lilding or area has hazardous con-
ditions that present imminent darJger.
J.7.12.2 Whenever any work i5 being done contrary to provi-
sions of this Code, the AlIJ lS Itereby authorized to order such
work stopped.
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1.7.12.3 Such work shall immediately stop until authorized
by the AllJ to proceed.
F 1.7.12.4 Approval of the fire department access and all tests for
L fire alarm, detection, and suppression systems, smoke t:vaCUB~
F tion S>>1ems, and life safety systems shall be conducted prior to
L final structural inspection and issuance of a certificate of occu-
r paney, Rejections of any of the above provisions must include
F specific reference, in writing. to the code section upon which the
l rejection is based.
1.7.13 Standby Fire Personnel.
1.7.13.1 The AllJ shall have the authority to require standby
fire personnel or an approved fire watch when potentially haz~
ardous conditions or a reduction in a life safety feature exist due
to the type of performance, display, exhibit, occupancy, contest
or activity, an impainnent to a fire protecti,on feature, or the
number of persons present. .
1.7.13.2'" The owner, agent, or lessee shalf'employ one or more
qualified persons, as required and approved, to be on duty.
1.7.13.3 Such standby fire personnel or fire watch personnel
shall be subject to the AHJ's orders at all times and shall be
identifiable and remain on duty dUling the times such places are
open to the public, when such activity is being conducted, or as
required by the AID.
1.7.14 Public Fire Education.
1.7.14.1 The AHJ shall have the authority to develop and im-
plement a public fire safety education program as deemed nec-
essary for the general welfare with respect to the potential fire
hazards within the jurisdiction.
1.7.14.2 The AHJ shall have the authority to ensure duly au-
thorized public fire safety education programs or public fire
safety messages are disseminated to the general public.
1.8 Duties and Powers of the Incident Commander.
1.8.1 Authority. The incident commander conducting opera.
tions in connection with the extinguishment and control of any
fire, explosion, hazardous materials incident, natural disaster,
rescue, and/or other emergency shall have authority to direct all
operations of fire extinguishment, mitigation of a hazardous
materials incident, natural disaster, rescue, and/or control and to
take necessary precautions to save life, protect property, and
prevent further injury or damage.
1.8.2 Controlling Scene. During any emergency described in
1.8.1, inclUding the investigation of the cause of such emer-
gency, the incident commander shall be permitted to control or
prohibit the approach to the scene of such emergency by any
vehicle, vessel, or person.
1.8.3 Obstruction of Operations. No person shall obstruct the
operations of the fire department or disobey any command of
the incident commander or Wly part thereot: or any order of a
police officer assisting the fire department
1.8.4 Scene Barrier. The incident commander in charge of an
emergency scene shall have the authority to establish barriers to
control access in the vicinity of such emergency and to place, or
cause to be placed, ropes, guards, barricades, or other obstruc-
tions across any street or alley to delineate such emergency
scene barrier.
1.8.~ No person, except as authorized by the incident com-
mander in charge of the emergency, shall be permitted to cross
barriers established in accordance with 1.8.4.
1.9 Liability.
1.9.1 The ARl, and other individuals charged by the AHJ or the
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pulllie Mfeet. alley, rea&, aT ether puhlie SF
pri :tlte grSLiIl8. lr.!lfUa1iS88 &BEl Mipulatienfl sf
per..m 5hal1 he HReNd te. ~e8hing fiRs BIlB
slnall reell!laRenal HN!I Bet mteMed fer
. egMBjaSR Sf Mbish dillpBSal, "'k'H E!8Bdu.Btea
818ie.ly ad 6ft the pf6pert}' sf 1M sahjeet Bre
a9UlltJflt ell tie Be. Rl~am, a Juueit.
ijJ
Net :Jitllsten:diog the ahe, 8 11118 AilisB&, for 3fl
days SBlRmeftsing 'Tl..th die Hal8AHiSft sf a sta.te
at elBlH'!e!l.SY hy the ge~/eIt1sr af the €tate af
FleRe, besause sf Bnteudei fife. &BEl the
res&lBsg psteu8al fer l,ildti""eS. .hie ineltleBl
all ef' PM! sf Callier CeUH~ ~ there aksU
heeome eft'eefi"s a prehiWti.ee 1': .... Itin.EHiog~
~ Sl maffileiniag lHl5 alUBpfiN~ heN,
SlieR Sf ltaReI ltWBing sf masIt. fliseBRiing af
lighted 6Hleh:iag lIlateHals auld-ups. lIfftslEiag iB
eelfBl'} PuliS; and tits saJe 8F uee sf fiR'" erIES.
111. tlSe sf SpSR harbUlll8 6r hBmUtlS pita
utilizing shares&) SF ,/ssa &MIl 11, plshihited
"ithis 600 ) a:rd5 sf ~ feN~ IfB6llBDeI,
'vaed9. Rid lands Sf ffi8f8k 11ft! 'ithie Csllier
CS1UH}, The JJl'Elhihitisns Bli:pft8Sl)' 'Fe ABed
hereia Rial he _mlled ~ rssslutisa ~
IUIBptea 8)" the bellfEl.
(41) PLANS REVIEW
i) Amend S!ubsection .j.&i! ~ to rcod as
follows:
~ .l.J..1,21t shalllle the NSJlon&ihilitr sfths
8J'f1lisBftt ie eftfJUM thee 'The armlir.mt th.11 be
resoons:ible to -...... that the followinll
conditions are met'
(1) The construction doeumenls include aU of the fbe pn>teetIoo lequiromeDts
(2) The shop ""'winp .... comcI and in CClIIlpIim:e with tho applicoble
codes and standards
(3) All plans for proposed new structures and square footage additions to
existing structures include 8 end ~ x 11 page or pages entitled "Fire
Protection Plan.' that depict the following:
.'
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105.12 Work sta~ting before permit issuance.
Upon approval of the building official, the scope of work delineated in the building permit
application and pl3n may be started prior to the final approval and issuance of the permit,
provided any wc,rk completed is entireiy at risk of the permit applicant and the work does not
proceed past the lirst required inspection.
105.13 Phased permit approval.
After submittal of the appropriate construction documents, the building official is authorized to
issue a permit for the construction of foundations or any other part of a building or structure
before the constl"uction documents for the whole building or structure have been submitted. The
holder of such permit for the foundation or other parts of a building or structure shall proceed at
the holder's own risk with the building operation and without assurance that a permit for the
entire structure will be granted. Corrections may be required to meet the requirements of the
technicai codes
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http://infosolutions.comhcce/gateway.dll/3/8?f=templates$fu=docurnent _ frame.htm$ 3 . O$q... 2/14/2007
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SECTION 110
CERTIFICATE OF OCCUPANCY
'110.1
110.1 Use and (,ccupancy.
No building or st 'ucture shall be used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the building official
has issued a cenif'cate of occupancy therefor as provided herein. Issuance of a certificate of
occupancy shall not be construed as an approvai of a violation of the provisions of this code or
of other ordinance:> of the jurisdiction.
110.2 Certificate issued.
Alter the building official inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the department of building safety, the
building official shall issue a certificate of occupancy that contains the following:
1. The iJuilding permit number.
2. The -3c1dress of the structure.
.
3. The n8me and address of the owner.
4. A de$cription of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the buiiding official.
7. The edition of the code under which the penmit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3 .
9. The type of construction as defined in Chapter 6 .
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any speCial stipulations and conditions of the building permit.
110.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the penmit, provided that such portion or portions shall
be occupied safely. The building official shall set a time period during which the temporary
certificate of occupa ncy is valid.
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110.4 Revocation.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the certificate is issued in error, or
on the basis of incorrect information supplied, or where it is determined that the bUilding or
structure or portion thereof is in violation of any ordinance or regulation or any of the provisions
http://infosolutions.com'icce/gateway.dIU3/l3?f=templates$ fu=document - frame .htm$3. 0$... 2/1 3/2007
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BUILDING BLOCKS
rtI.
TEMPORARY CERTIFICATE OF OCCUPANCY
REQUIREMENTS
Effective November 24, 2004
It is the policy of this Department that permitted projects will be fully inspected
and receive a certificate of occupancy prior to use by the public or residents;
however in certain situations a Temporary Certificate of Occupancy (TCO) may
be required. A letter requesting a TCO must be submitted on contractor
company letterhead and signed by an officer of the company. If the request is
from an owner builder the permit applicant must sign the letter. The Building
Official or his designee must approve the TCO. The letter must contain the
following information and the all the following criteria must be met in order to
obtain a "Temporary Certificate of Occupancy";
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. Must detail the reason for the TCO*
. Must detail how long the TCO will be needed
. Must detail what inspections are not completed
. Must detail when the inspections will be completed
. Must state whether the TCO is for occupancy
. No life safety items shall be incomplete
. Must include a statement that the Collier County Government will
be held harmless from any incident which may occur as a result of
the TCo.
* The reason must be for a specific and significant hardship, TCO's will not be
allowed for reasons of convenience. Significant hardship will include, but not be
limited to, financial loss.
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11/24/2004
A-89
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BUILD.lN6 BLOCKS
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Application for a Phased Permit
EFFECTIVE DATE: June 16, 2006
REVISED: November 14, 2006
The ;W04 Florida Building Code section 105.13 allows for a phased permit
to be issuec before the entire building has been reviewed for approval. All work
performed under the phase permit will be "at your own risk". "At risk" means
there will be no sustainable rebuttal should any work performed under the phase
permit be required to be removed, modified or otherwise declared by this
Department or the goveming Fire District to be noncompliant. Issuance of the
phase permit will be construed as acceptance of the "at risk" condition.
The following outlines the process required for the issuance of a phased
permit for commercial projects;
1. There must an existing parent permit application in apply status.
2. The parent permit shall have an approved site development plan, no
exceptions to this requirement will be considered.
3. A letter of request, for a phased permit must be submitted by the
hold'3r of the parent permit application. The letter must be on company
letterhead and signed by an authorized representative, further the
letter of request must contain a specific list of the work to be performed
under the phase permit.
4. ThE! plans review for the parent permit must have completed the first
full review by the Commercial Plans Review Department and the Fire
Code Officials Office. The review comments shall not contain any
comments indicating noncompliance or requiring clarification with any
portion of the work to be performed under the phase permit.
5. Two sets of signed and sealed copies of the sheets from the parent
penlllt containing the details for the work under the phase permit shall
be submitted with a long form permit application. If the sheets contain
designs for work not within the scope of work of the phase permit,
these designs shall be marked through with an "X" and noted as "not in
perrnit". Do not submit the entire plans set.
6. Phase pennits shall be issued within ten business days of application
unless otherwise disapproved. A minimum permit fee shall be charged
for the phase permit and a plans reviewer shall assign inspections
based on the scope of work included within the letter of request. No
further plan review is required for the phase permit.
Bill Hammond, CBO
Director Building Review & Permitting
2/14/2007
A.96
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COLLlEF I~<)UNTY BUILDING REVIEW & PERMITIING DEPARTMENT
~ ~ Q North Horseshoe Drive Napies Florida 34104, phone 239-403-2401
March 12, 2007
Subject: Phased permit
To whom it may concern:
In accordance with the Florida Building Code section; 105.13, a phased pemnit
has been issued for parent permit number
The only work authorized under this permit are the construction
activities specifically noted in the letter attached to these plans and stamped
by his Department. No other work may be performed; any work beyond the
authorized scope will result in your being fined a minimum of two times the
permit application fees.
All work performed under the phase pemnit will be "at your own risk". I want to
ensure you fully appreciate the term "at your own risk". There will be no sustainable
rebuttal should any work you perform under the phase permit be required to be
removed, modified or otherwise declared by this Department or the governing Fire
District to be noncompliant. Issuance of the phase pemnit will be construed as your
acceptance of the "at risk" condition. Also, it is my responsibility to inform you that
should further plan review reveal submittal deficiencies you will be required to comply
fully with all the review comments and in no way is any applicable Florida Building
Code or applicable Florida Fire Prevention Code requirement waived.
If you have any questions or need any further information regarding this matter
please contact our office at 239-403-2401.
Sincerely,
Bill Hammond,
Director of Building Review and Permitting
cc:
file
permit file
Ed Riley, Fire Code Official
Supervisors, Building Review and Permitting
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COLLlEr~ COUNTY BUILDING REVIEW & PERMITTING DEPARTMENT
_ ~ 00 North Horseshoe Drive Naples Florida 34104, phone 239-403-2400
Subject:
Your request for early work authorization regarding permit(s)
number
Dear
In accordance with 2004 Florida Building Code section 105.12, and in
consideration of your request; prior to the issuance of the penmit(s) this Department
has authorized work to proceed as described and contained within the submitted
permit plans. The scope of work authorized by this letter is very limited and only
includes any work prior to the required first inspection of the respective technical
codes, whether Florida Building Code or Florida Fire prevention Code, regardless of
which technical code inspection occurs first.
This is NOT a permit and NO work may proceed beyond the work required to
reach the first inspection. Further, the work will be entirely at the permit applicant's
risk and proceeding with the work will be construed as acceptance of the "at risk"
condition. I want to ensure you fully appreciate the tenm "at your own risk"; you will
have no sustainable rebuttal, should any work you perfonm be required to be
removed, modified or otherwise declared by this Department or the governing Fire
District to be noncompliant. Further, should a visit to the site by any representative of
this Department, Code Enforcement or the governing Fire District reveal the work has
proceeded beyond the authorized point; you will be fined a minimum of two times the
permit application fee.
Further, you are advised no requirement of the 2004 Florida Building Code or
the 2004 Florida Fire Prevention Code is waived.
If you have any questions or need any further information regarding this
authorization please contact our office at 239-403-2401.
Sincerely,
Bill Hammond,
Director of Building Review and Permitting
cc: file
permit file
Supervisors
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OR: 2274 PG: 1365
ageneies, perform all follow-up investigations and provide any necessary
documentation for future action by the FIRE DISTRlCTS, or anyone of them,
wit:l':he agency involved. .
8,
The COUNTY shall adopt the Fire Code(s) required by Florida Statutes and shall
review amendments requested by the FIRE DISTRICTS.
9,
The Fire Code Official shall be an employee of the Administrative District and
subjeet to the personnel policies and rules of the Administrative District. The
ASSistant Fire Code Official shall be an employee of one of the FIRE DISTRlCTS
and subject to that Fire District's personnel policies and rules. In no event is the
COUNTY intended to stand in an employer-employee relationship with either the
Fire Code Official or Assistant Fire Code Official.
SECTION TEN: Conflicts and Appeals.
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I. In the event of a conflict between the applicable minimum Building Code and the
appl'c'lble minimum Fire Code, it shall be resolved by agreement between the
Building Official and the Fire Code Official in favor of the requirement of the
code which offers the greatest degree of life safety or alternatives which would
provide an equivalent degree of life safety and an equivalent method of
cons.ruction.
2.
In the event that the Building Official and Fire Code Official are unable to agree
on a .'esolution of the conflict between the applicable minimum Building Code
and II" applicable minimum Fire Code, the Building Official shall render a
temporary decision to resolve the contlict.
3. An applicant for a building permit may appeal any decision made by the Fire
Code Official and the Building Official or any temporary decision made by the
Building Official to the Board in accordance with the procedures stated in
Division 5.4 of the Collier County Land Development Code. Should construction
continue during the appeal of a decision or temporary decision, it shall be at the
risk oflhe contractor or permit holder.
4. All de.c,sions of the Fire Code Official and/or the Building Official and all
decisions of the Board shall be in writing. Decisions of general application shall
be indexed by Building and Fire Code sections and shall be available for
inspection at the COUNTY'S Development Services building during normal
business hours.
5,
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In the event a conflict of code or interpretation develops between the Fire Code
Official and a representative of one of the FIRE DISTRlCTS, the conflict shall be
resolv~d by a committee of five (5) members to be know as the Fire Board of
12
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OR: 2274 PG: 1362
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(3)
(4)
Piping
Notice of compliance inspection
(d) Fire Hydrant Installations
The following inspections shall be performed at the rate of$23.00 per hydrant:
(1) Thrust block inspection
(2) Type
(3) Height from streamer to ground
(4) Threads
(5) Location
(6) Access
(7) Notice of compliance inspection
( e) L. P. Gas Installations
The following inspections shall be performed at the rate of$36.00 for all tanks or
tank systems greater'than 24 gallon capacity or 100 pounds liquefied petroleum
(L.P.) gas capacity and $14.00 for each additional 20,000 gallons or any fraction
ther,~of:
(I)
(2)
(3)
(4)
Location
Anchoring
Piping
Notice of compliance inspection
(f) Minimum Fire Inspection Fee
A minimum fee of $32.00 shall be charged for each inspection.
3. Re-insDection fees.
The COUNTY shall pay the Administrative District in accordance with the Collier County re-
inspection fee schedule found in Collier County Resolution 95-642, and any amended or
successor resolution, for every properly documented reinspection conducted by the FIRE
DISTRICTS,
4. Certificates of OccuDancv.
No Certificate of 0< cupancy shall be issued until a determination is rendered by the Building
Ofticial, or his desigllee, that the construction is in compliance with the Collier County Building
Codes (Plumbing, Mechanical, Building and Electrical Code) and a Notice of Fire Compliance
has been issued by a FIRE DISTRICT.
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9