Chapter 22 - Buildings and Building Regulations L
Chapter 22
BUILDINGS AND BUILDING REGULATIONS*
Article I. In General
Secs. 22-1-22-25. Reserved.
Article II. Florida Building Code
Sec. 22-26. Adoption of and additions to the Florida Building Code.
Sec. 22-27. Incorporation of updated wind zone maps.
Sec. 22-28. Penalties for violation.
Secs. 22-29-22-80. Reserved.
Article III. Contractors'Licensing,Zoning Investigators
Sec. 22-81. Designations.
Sec. 22-82. Duties.
Sec. 22-83. Training and qualifications.
Sec. 22-84. Issuance of citations.
Secs. 22-85-22-105. Reserved.
Article IV. Excavation
Sec. 22-106. Title and citation.
Sec. 22-107. Purpose.
Lool Sec. 22-108. Applicability;permit required.
Sec. 22-109. Exemptions.
Sec. 22-110. Excavation review procedures.
Sec. 22-111. Application requirements for excavation permits.
Sec. 22-112. Construction requirements for excavations.
Sec. 22-113. Inspection and reporting requirements.
Sec. 22-114. Fees.
Sec. 22-115. Performance guarantee requirements.
Sec. 22-116. Appeals.
Sec. 22-117. Penalties and enforcement.
Sec. 22-118. Severability.
Sec. 22-119. Compliance with state and federal permits.
Sec. 22-120. Variances.
Secs. 22-121-22-160. Reserved.
Article V. Building Trades
Division 1. Generally
Sec. 22-161. Title and citation.
Sec. 22-162. Definitions and contractor qualifications.
Sec. 22-163. Scope of county responsibility.
*Cross references-Housing finance authority,§2-866 et seq.;affordable housing commission,§2-966 et seq.;development
services advisory committee,§2-1031 et seq.;community development,ch.42;environment,ch. 54;fire safety standards,§58-26
et seq.;floods,ch. 62;impact fees,ch. 74;manufactured homes and trailers, ch. 86;planning, ch. 106;construction in public
rights-of-way,§ 110-26 et seq.
Special act reference-Special acts pertaining to buildings and building regulations,ch. 214.
State law references-Authority to adopt building regulations, F.S. § 125.01(1)(i); construction industry, F.S. ch. 553;
building construction standards,F.S. ch. 553.
lm/ Supp. No. 89 CD22:1
1/410/ COLLIER COUNTY CODE
Sec. 22-164. Penalties for violation.
Sec. 22-165. The contractors'licensing board.
Sec. 22-166. Stop work orders.
Sec. 22-167. Contractors'identification required on all advertising mediums.
Sec. 22-168. Business and financial records.
Secs. 22-169-22-180. Reserved.
Division 2. Certificates of Competency Required
Sec. 22-181. Required;permits;exemptions.
Sec. 22-182. Applications-General.
Sec. 22-183. Experience requirements.
Sec. 22-184. Standards for the issuance or denial of a certificate of competency.
Sec. 22-184.1. Additional requirements.
Sec. 22-185. Approved examiners.
Sec. 22-186. Examinations.
Sec. 22-187. Insurance.
Sec. 22-188. Dormant status.
Sec. 22-189. Restricted certificates of competency.
Sec. 22-190. Emergency restricted certificates of competency.
Sec. 22-191. Renewal of certificates of competency.
Secs. 22-192-22-200. Reserved.
Division 3. Standards of Conduct and Discipline
Sec. 22-201. Misconduct-Collier County/city certificate of competency.
Sec. 22-201.1 Misconduct-State certified contractors.
Sec. 22-202. Disciplinary proceedings.
Sec. 22-203. Disciplinary sanctions.
Sec. 22-204. Rehearing.
Sec. 22-205. Appellate-type review.
Secs. 22-206-22-225. Reserved.
Article VI. Property Maintenance Code
Sec. 22-226. Title.
Sec. 22-227. Purpose and scope.
Sec. 22-228. General provisions.
Sec. 22-229. Definitions.
Sec. 22-230. Rules of construction.
Sec. 22-231. Compliance with housing standards.
Sec. 22-232. Establishment of housing official-Designation; powers and
duties.
Sec. 22-233. Inspection of structures and premises.
Sec. 22-234. Notice of violation procedures.
Sec. 22-235. Method for designation and elimination of hazardous buildings.
Sec. 22-236. Standards for the repair or demolition of hazardous building by
the County.
Sec. 22-237. Assessment of costs to owner when abatement executed by
County.
Sec. 22-238. Notice for the vacation of hazardous buildings.
Sec. 22-239. Responsibility for property maintenance.
Sec. 22-240. Responsibilities of owners of nonresidential structure, vacant
buildings,vacant structures,and vacant or unimproved lots.
Sec. 22-241. Certificate required for boarding building.
Sec. 22-242. Nuisances specified.
Sec. 22-243. Standards for securing building.
Sec. 22-244. Exceptions to boarding requirements.
Sec. 22-245. Costs incurred by County;assessment of lien.
Sec. 22-246. Notice of hearing for revocation of boarding renewal certificate.
1/411." Supp. No. 89 CD22:2
V BUILDINGS AND BUILDING REGULATIONS
Sec. 22-247. Penalties.
Secs. 22-248-22-255. Reserved.
Article VII. Reserved
Secs. 22-256-22-285. Reserved.
Article VIII. Coastal Zone Protection
Sec. 22-286. Title.
Sec. 22-287. Definitions.
Sec. 22-288. Civil enforcement.
Sec. 22-289. Findings of fact.
Sec. 22-290. Purpose and legislative intent.
Sec. 22-291. Notice as to conflicting ordinance provisions.
Sec. 22-292. Scope and applicability.
Sec. 22-293. Appeal.
Sec. 22-294. Application for permits;certification by architect or engineer.
Sec. 22-295. Coastal construction requirements.
Sec. 22-296. Public access.
Sec. 22-297. Criminal penalty.
Secs. 22-298-22-320. Reserved.
Article IX. Seawalls and Revetments
Sec. 22-321. Definitions.
Sec. 22-322. Declaration of nuisance.
Sec. 22-323. Enforcement jurisdiction.
Sec. 22-324. Other enforcement remedies and penalties.
Sec. 22-325. Technical specifications for seawalls and revetments.
Secs. 22-326-22-345. Reserved.
Article X. Numbering of Structures
Sec. 22-346. Statutory authorization.
Sec. 22-347. Findings of fact.
Sec. 22-348. Statement of intent and purpose.
Sec. 22-349. Definitions.
Sec. 22-350. Requirements for posting of official address number.
Sec. 22-351. Exemptions from posting official address number.
Sec. 22-352. Specifications for posting official address number(s).
Sec. 22-353. Application for new official address number.
Sec. 22-354. Required conditions for new construction or building repairs.
Sec. 22-355. Procedure for establishing a uniform grid numbering pattern for
assignment of addresses or change of address.
Sec. 22-356. Procedure for changing non-conforming addresses.
Sec. 22-357. Duly advertised public hearing to rename a street.
Sec. 22-358. Procedures for re-naming of developments,subdivisions,streets
and buildings.
Sec. 22-359. Procedures for project and street naming.
Sec. 22-360. Providing street signs on renamed public or private streets.
Sec. 22-361. Appeal procedure.
Sec. 22-362. Abrogation and greater restrictions.
Sec. 22-363. Warning and disclaimer of liability.
Sec. 22-364. Enforcement and penalties.
Secs. 22-365-22-380. Reserved.
Supp. No. 89 CD22:3
COLLIER COUNTY CODE
Article XI. Moving of Buildings
Division 1. Generally
Sec. 22-381. Definitions.
Sec. 22-382. Intent and purpose.
Sec. 22-383. Penalty.
Sec. 22-384. Obligation of mover to utilities and other facilities.
Sec. 22-385. Traffic control.
Sec. 22-386. Movement of buildings at night.
Secs. 22-387-22-395. Reserved.
Division 2. Building Transport Permit
Sec. 22-396. Required.
Sec. 22-397. Size limitation.
Sec. 22-398. Special permit.
Sec. 22-399. Permit application requirements and conditions.
Sec. 22-400. Application review;approval,delay or denial;appeal.
Sec. 22-401. Bond.
Sec. 22-402. Insurance.
Sec. 22-403. Fees.
Supp. No. 89 CD22:4
ARTICLE I. IN GENERAL
Secs. 22-1—22-25. Reserved.
ARTICLE II. FLORIDA BUILDING CODE*
Sec. 22-26. Adoption of and additions to
the Florida Building Code.
1. Adoption. There is hereby adopted by refer-
ence, the Florida Building Code, Eighth Edition
(2023), and any amendments thereto, to be
enforced by Collier County in the unincorporated
portions of the County.
2. Additions. The following additions, adjust-
ments, amendments, and exemptions are added
to the Eighth Edition (2023) Florida Building
Code, as amended:
Definitions. For purposes of this section, the
following terms apply:
Repair. To restore by replacing a part or
putting together what is torn or broken; to
restore or renew any part for the purpose of its
maintenance or to correct damage.
Replacement. To put something new in the
place of, to remove the entire component (not
a part of) and install a new component in
former place or position.
Like for Like, Like Kind. Similar use, type,
operation and service connection.
105.2 Work exempt from permit.
The following permit exemptions have been
established for Collier County based on Sec-
tion 105.2.2 of the Florida Building Code and
Section 553.73(4)(a), Florida Statutes.
Exemptions from permit requirements of this
code shall not be deemed to grant authoriza-
tion for any work to be done in any manner in
violation of the provisions of this code. Permits
shall not be required for the following:
Mechanical:
9. Dustless ventilation isolated systems, that
do not affect any fire penetrations or
rated assemblies.
Plumbing:
3. Plumbing fixture repair or replacement,
that does not affect any fire penetrations
or rated assemblies.
Electrical:
1. Ceiling fixture replacement using exist-
ing outlet box and wiring, that does not
affect any fire penetrations or rated
assemblies.
Building:
1. Flooring installation.
2. Painting/wallpaper.
3. Finish trim work.
4. Interior door replacement not affecting
existing framed opening.
5. Drywall repair/replacement that are not
fire-related and are small areas that do
not exceed two sheets of drywall (64 sq.
ft.).
6. Gutters and leaders.
105.2.4. Exemptions for detached single-
family residences.
The following permit exemptions have been
established for Collier County based on Sec-
tions 102.2.5 and 105.2.2 of the Florida Build-
ing Code, and Sections 553.73(4)(a) and
553.80(3)(b)(1), Florida Statutes.
The following permit exemptions are for owners
of single-family or their hired licensed non-
owner (contractor) of detached residences
performing work on detached single-family
properties. All work performed shall comply
with the standards of the Florida Building
Code Residential and Florida Statutes.
*Cross reference—Fire safety standards, § 58-26 et seq.
Land development code reference—Building board of
adjustment and appeals, div. 5.4.
§ 22-26BUILDINGS AND BUILDING REGULATIONS
CD22:5Supp. No. 113
Exemptions from permit requirements of this
code shall not be deemed to grant authoriza-
tion for any work to be done in any manner in
violation of the provisions of this code. Permits
shall not be required for the following:
Electrical:
1. Repair work performed by licensed electri-
cal contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair or replace existing light fixtures
and ceiling fans.
3. Repair or replace electrical wall switches
and wall outlet devices of 20 amps or less
and 120 volts.
4. Repair/replace low voltage (under 77 volts)
devices.
Plumbing:
1. Repair work performed by licensed plumb-
ing contractors that does not exceed
$1,500.00 in value of materials and labor.
2. Repair water solar panels by licensed
plumbing contractors.
3. Change out of an above ground LP tank
100 lbs. or less.
4. Repair irrigation system.
5. Repair domestic water service/lines.
6. Unclog sewer stoppage.
7. Repair sewer line excluding repair or
replacement of interceptors, separators
by licensed plumbing contractors.
8. Repair/replace faucets.
9. Repair/replace water closet/bidet fixtures
only.
10. Repair/replace sink/lavatory fixtures only.
11. Repair/replace residential pool equip-
ment other than pool heater.
12. Repair/replace shut-off valve on a domestic
water line.
13. Repair/replace house pumps not exceed-
ing 2 horsepower.
14. Repair/replace residential garbage
disposal.
15. Repair/replace residential dishwasher.
16. Repair/replace like-for-like kind electric
water heater up to 52-gallon capacity to
include electrical connection.
17. Repair/replacement of water purification/
water softener equipment.
Mechanical:
1. Repair work performed by licensed
mechanical contractors that does not
exceed $1,500.00 in cost for parts and
labor.
2. Repair of air conditioning duct.
3. Repair/replace coil, compressor or refriger-
ant piping.
4. Repair/replace non-combustion heating.
5. Repair/replace ventilation fans.
6. Replacement of window air conditioning
unit utilizing existing electrical.
7. Installation of ductless ventilation and
range hoods.
Building:
1. Repair work performed by licensed
contractors per Chapter 489, Florida
Statutes, that is not structural in nature
and does not change the occupancy, does
not affect life safety and the value of
which does not exceed $1,500.00 in labor
and materials.
2. The repair of any roof covering not exceed-
ing $1,500.00 in value of materials and
labor or work not exceeding two roofing
squares (200 sq. ft.) in extent.
3. Installation or repair of satellite dishes
installed in accordance with manufactur-
ers' specifications and in compliance with
local zoning requirements.
4. Installation or repair of canvas or cloth-
covered awnings.
5. Installation or repair of rain gutters.
§ 22-26 COLLIER COUNTY CODE
CD22:6Supp. No. 113
6. Enclosure of existing covered patios/
balconies/porches with screening.
7. Cement plaster (stucco) applied directly
onto structures constructed of concrete
masonry units. Application of cement
plaster must meet or exceed the
manufacturers' recommendations. All
other applications will require a permit
including but not limited to wood, Exterior
Insulation Foam System (EIFS), brick,
siding, or other application over metal
lath or wire lath fabric.
8. Door or window repair including swing-
ing, sliding, pivoting, and rolling exclud-
ing the frame, which does not otherwise
create a new opening, enlarge or reduce
an existing opening, or require the removal
of any exterior or interior finish material
serving a building constructed on a
residential zoned lot. This exemption
shall not allow nor relieve the building
owner, unit owner, installer or contractor
from complying with wind load and open-
ing protection requirements of the Florida
Building Code.
9. Movable cases, counters, and partitions
not over 10 feet in height.
10. Cabinetry, countertops, painting, paper-
ing, tiling, carpeting, and other similar
finish work. This exemption is not allowed
nor applicable when the work or altera-
tion affects the structural integrity of a
load bearing wall, or the fire-resistant
material of a fire rated horizontal or
vertical separation. Projects located within
a designated flood hazard area are
required to comply with the substantial
improvement requirements and submit a
cost breakdown for any work which may
be exempted from permits.
11. Swings and similar playground equip-
ment accessory. This exemption shall not
allow nor permit the encroachment of
setbacks or the erection of any unsafe,
structurally unsound, or dilapidated
structure. In the event the structure
violates setbacks or is considered unsafe,
structurally unsound, or dilapidated, the
building official may require a permit.
Note: All work shall comply with all applicable
laws, ordinances, building codes and zoning
regulations. To assure your safety and to
assure proper construction and/or installa-
tion, those homeowners who are not familiar
with the provisions and requirements of the
Florida Building Code are encouraged to review
code requirements prior to doing any work or
repairs or they can contact the County build-
ing department if they have any questions.
Homeowners lacking the technical background
and familiarity with the code requirements
are encouraged to have the work done by a
licensed professional/contractor or as an
alternative apply for a permit where they will
receive a technical review of the proposed
work and where they will receive all required
onsite technical inspections performed by a
state licensed building inspector.
107.3.1 Approval of construction docu-
ments.
The following amendment to the administra-
tive provisions of the Florida Building Code
has been established for Collier County based
on Section 107.3 of the Florida Building Code
and Section 553.74(4)(a), Florida Statutes.
When the building official issues a permit, the
construction documents shall be approved, in
writing or by stamp, as "Reviewed for Code
Compliance." One set of construction docu-
ments so reviewed shall be retained by the
building official. The other set shall be returned
to the applicant, shall be kept at the site of
work, and shall be open to inspection by the
building official or a duly authorized representa-
tive. Digital copies available at the site of
work and open to inspection by the building
official or a duly authorized representative
will also be accepted.
(Ord. No. 2012-14, § 1; Ord. No. 2015-36, § 1;
Ord. No. 2017-52, § 1; Ord. No. 2020-48, § 1;
Ord. No. 2023-64, § 1)
§ 22-26BUILDINGS AND BUILDING REGULATIONS
CD22:7Supp. No. 113
Sec. 22-27. Incorporation of updated wind
zone maps.
The Wind Zone Maps appended hereto as
Exhibit "A", consisting of Category 1, Category 2,
Category 3 and Category 4, are hereby adopted.
§ 22-27 COLLIER COUNTY CODE
CD22:8Supp. No. 113
Exhibit A. Wind Zone Maps
§ 22-27BUILDINGS AND BUILDING REGULATIONS
CD22:9Supp. No. 113
§ 22-27 COLLIER COUNTY CODE
CD22:10Supp. No. 113
§ 22-27BUILDINGS AND BUILDING REGULATIONS
CD22:11Supp. No. 113
(Ord. No. 2012-01, § 2; Ord. No. 2015-36, § 2; Ord. No. 2020-48, § 2; Ord. No. 2023-64, § 2)
§ 22-27 COLLIER COUNTY CODE
CD22:12Supp. No. 113
BUILDINGS AND BUILDING REGULATIONS §22-83
Sec. 22-28. Penalties for violation. Sec. 22-82. Duties.
If any person,firm, corporation, or other legal (a) It shall be the duty of any person designated
entity whether public or private, shall fail or as a contractor's licensing investigator to enforce
refuse to obey or comply with, or violates, any of the provisions of the county contractors licens
the provisions of the Ordinance, such person, ing ordinance (article V of this chapter) and
firm, corporation, or other legal entity whether subsequent amendments thereto relating to
public or private,upon conviction of such offence, contractor's licensing.
shall be punished by a fine not to exceed Five (b) It shall be the duty of any person designated
Hundred Dollars ($500.00) or by imprisonment as a zoning investigator to enforce the provisions
not to exceed sixty(60)days in the County jail,or of the county zoning ordinance, protected tree
both, in the discretion of the court. Each day of ordinance,and exotics ordinance,and subsequent
continued violation or noncompliance shall be amendments relating to said ordinances.
considered as a separate offense. In addition,
any person, firm, corporation, or other legal (c) Nothing herein contained shall be construed
entity whether public or private,convicted under to authorize or permit any person designated as
the provisions of this section shall pay all costs a contractors' licensing investigator or zoning
and expenses involved in the case. In addition, investigator pursuant to this article to perform
the provisions of this Ordinance may be enforced any function or duties of a law enforcement
by any means appropriate under Section 125.69, officer other than specified herein. Said investiga-
Florida Statutes,or Chapter 162,Florida Statutes, tors designated, pursuant to this article, shall
or as set forth in the Code of Laws and Ordinances not make physical arrests or take any person
of Collier County,Florida,and the Collier County into custody and shall be exempt from the
Land Development Code. requirements relating to the state high-hazard
(Ord. No. 2015-36, § 6) retirement program and police standards and
training commission as defined and provided by
general law.
Secs. 22-29-22-80. Reserved. (Ord. No. 82-20, § 2; Ord. No. 85-34, § 2)
ARTICLE III. CONTRACTORS' Sec. 22-83. Training and qualifications.
LICENSING, ZONING INVESTIGATORS* (a) A training program for the certification of
contractors'licensing investigators for the purpose
Sec. 22-81. Designations. of authorization to issue citations for violations
of article V, of the county contractors' licensing
(a) Those agents or employees of the county ordinance and a training program for the certifica-
building code compliance department who are to tion of zoning investigators for the purpose of
serve as contractors'licensing investigators shall authorization to issue citations for violations of
be designated by the board of county commission- the county zoning ordinance, exotics ordinance,
ers' adoption of the appropriate resolution. and protected tree ordinance and amendments
thereto, shall include the following:
(b) Those agents or employees of the county (1) Ordinance definition:
zoning enforcement section who are to serve as
zoning investigators shall be designated by the a. Florida constitution authorizes the
board of county commissioners' adoption of the board of county commissioners to
appropriate resolution. enact ordinances for the governing
(Ord. No. 82-20, § 1; Ord. No. 85-34, § 1) of the county on matters of local
nature.
*Special act reference—Special acts pertaining to b. State statute vs. county ordinance:
contractors' licensing and zoning investigators, § 214-51 et
seq. 1. Authority to enforce.
Supp. No. 94 CD22:13
§22-83 COLLIER COUNTY CODE
(2) Provisions of the protected tree ordinance,
exotics ordinance, zoning ordinance and
contractors'licensing ordinance.
(3) Methods of enforcement:
a. Receiving complaints of alleged viola-
tions of ordinance:
1. Telephone.
2. In person.
3. Written.
4. Observation.
5. Referred by sheriffs depart-
ment or other agency.
b. Recognizing elements that constitute
violations of the zoning ordinance,
protected tree ordinance, exotics
ordinance, and contractors' licens-
ing ordinance, as applicable.
c. Enforcement:
1. Contact with complainant.
2. Contact with offender.
3. Instructions and advice.
4. Warnings, written, oral.
i. The numbers of warn-
ings.
ii. Time between warnings.
5. Prosecution:
i. Issue citations.
ii. Cases that require state's
attorney involvement.
6. Advise complainant of action
taken if appropriate.
[The next page is CD22:17]
Supp. No. 94 CD22:14
l , BUILDINGS AND BUILDING REGULATIONS §22-84
(4) Laws of evidence: e. Contact the offender and explain the
a. Tangible: violation.
1. Personal observation. f. Issue the completed citation form.
2. Photographs. g. Have defendant sign the citation form.
b. Statements: h. If the offender refuses the citation,
1. Sworn statements. seek prosecution through the state's
attorneys office.
2. Admissions by defendant.
i. Write a comprehensive report of the
3. Statements by defendant. violation for office records.
4. Statements of witnesses. j. Distribution of the issued citation
c. Obtaining and securing evidence: form and backup material, evidence,
1. Identifying photographs. etc.
2. Marking. k. What to do when:
3. Maintenance custody. 1. The offender refuses to give you
(5) Report writing: his identification or driver's li-
cense.
a. Composition: 2. The offender refuses to sign the
1. Who, what, where, when, why, citation.
how? (Ord. No. 82-20, § 3; Ord. No. 85-34, § 3)
b. Forms:
1. Complaint reports. Sec. 22-84. Issuance of citations.
2. Supplement reports. (a) Any person designated as a contractors'
3. Letters and correspondence. licensing investigator is hereby authorized to is-
sue citations for violations of article V of this
4. Warning citations or notices. chapter, the county contractor's licensing ordi-
5. Notice of violations (tags). nance, where such violations are witnessed by
6. Citations. said investigator.
(6) Procedure for issuing citations: (b) Any person designated as zoning investiga-
a. Establish that a violation of the or- for is hereby authorized to issue citations for
dinance occurred in the presence of violations of the county zoning ordinance, the
the officer. protected tree ordinance and subsequent amend-
ments relating to said ordinances, where such
b. Identify the violation. violations are witnessed by said investigator.
c. Identify the offender. (c) A citation issued by said investigators un-
d. Obtain all necessary evidence to prove der the provisions of this article shall be in
the violation of the ordinance. substantially the following form:
Supp.No. 26 CD22:17
§22-84 COLLIER COUNTY CODE
Agency Case #
IN THE COUNTY COURT, IN AND FOR
COLLIER COUNTY, FLORIDA
NOTICE TO APPEAR
STATE OF FLORIDA, COUNTY OF COLLIER
In the name of Collier County, Florida: The undersigned certifies that he has just and reasonable
grounds to believe, and does believe that:
On the day of , 19 , at (a.m.)
(p.m.)
Last Name First M.I. Aliases
Street, City and State Date and Place of Birth
Phone Race/Sex Height Weight Hair Eyes Scars/Marks
Occupation Place of Employment Employment Phone
Complexion Driver's License #Yr/St. Social Security
At (location)
in Collier County, Florida, committed the following offense:
(1) (2)
in violation of section(s): ( ) County Ord.
DID (Narrative):
Name of Officer ID# Agency
( ) Mandatory appearance in County Court,
Location
Supp.No.26 CD22:18
BUILDINGS AND BUILDING REGULATIONS §22-84
, 19 , at ( ) a.m. ( ) p.m.
Month and Day
( )You need not appear in court, but must comply with instructions on back.
Fine and Cost
CO-DEFENDANTS:
( ) Cited
1. ( )
Name DOB Address
( ) Cited
2. ( )
Name DOB Address
I agree to appear at the time and place designated above to answer the offense charged or to pay the fine
subscribed. I understand that should I willfully fail to appear before the court as required by this notice
to appear, that I may be held in contempt of court and a warrant for my arrest shall be issued.
Sworn to and subscribed before me this
day of , 19 Signature of Defendant
I swear the above and reverse and attached state-
Notary Public-State of FLA. ments are true and correct to the best of my
L..." knowledge and belief.
Complainant
Collier County Zoning Enforcement Section ( )
or
Collier County Building Code Compliance Department ( )
(d) Additional information shall be supplied on the back of the citation in the following form:
WAIVER INFORMATION
If you desire to plead guilty or nolo contendere (no contest) and you need not appear in court as
indicated on the face of this notice,you may present this notice at the county court named on the reverse
of this page.
From , to ,
Date Hour Date Hour
and pay a fine of dollars in cash, money order, or certified check.
The waiver below must be completed and attached. Read carefully.
Your failure to answer this summons in the manner subscribed will result in a warrant being issued
L., on a separate and additional charge.
Supp.No. 26 CD22:19
§22-84 COLLIER COUNTY CODEt"")
"In consideration of my not appearing in court, I, the undersigned, do hereby enter my appearance on
the affidavit for the offense charged on the other side of this notice and waive the reading of the affidavit
in the above-named cause and the right to be present at the trial of said action. I hereby enter my plea
of GUILTY ( ) or NOLO CONTENDERE ( ), and waive my right to prosecute appeal or error
proceedings."
"I understand the nature of charge against me; I understand my right to have counsel and waive this
right and the right to a continuance. I waive my right to trial before a judge or jury. I PLEAD GUILTY
( ) or NOLO CONTENDERE ( ) to the charge being fully aware that my signature to this plea will
have the same effect as a judgment of this Court."
Total Fine and Cost:
Defendant Signature:
Address:
ti
Fine and cost may be paid at or mailed to: Clerk of Courts
Check One: At: ( ) (Central Division) Collier County Court-
house, Naples, Fla. 33942
Or: ( ) (Eastern Division) Branch Courthouse,
Immokalee, Fla. 33934
(Ord. No. 82-20, § 4; Ord. No. 85-34, § 4) "Th
Secs. 22-85-22-105. Reserved. Sec. 22-108. Applicability; permit required.
It shall be unlawful for any person,association,
ARTICLE IV. EXCAVATION* corporation or other entity to create, attempt to
create, or alter an excavation without having
obtained a permit therefor, except for public cap-
Sec. 22-106. Title and citation. ital facility projects, or as otherwise provided
herein.
This article shall be known and may be cited as
the "Collier County Excavation Regulations". (1) Excavations are defined as the removal of
(Ord. No. 04-55, § 2.E.) any material to a depth greater than
three feet below the existing grade over
any area, or one foot below existing grade
Sec. 22-107. Purpose. over an area greater than 10,000 square
feet.
The purpose of this article is to establish a
reasonable regulatory framework to regulate ex- (2) Excavations on undeveloped coastal bar-
cavations within the county so as to minimize any riers shall be prohibited, except as speci
potentially adverse impacts of the excavation feed in section 3.03.07C. of the Land Re
activity on public health,safety and welfare of the velopment Code.
citizens of this county and its natural resources. (Ord. No. 04-55, § 2.E.)
(Ord. No. 04-55, § 2.E.)
Sec. 22-109. Exemptions.
*Editor's note—Ord. No. 04-55, § 2.E., provided for the
relocation of former LDC division 3.5, except § 3.5.11, as The following activities, to the extent specified 'ed.")
article IV, §§22-106-22-119. herein, are exempt from the requirements of
Supp.No. 26 CD22:20
BUILDINGS AND BUILDING REGULATIONS §22-110
these sections, provided that no excavated mate- tion plans have been approved by the
rial is removed off-site, but are subject to compli- Collier County or state department of
ance with all other applicable laws and county transportation.
ordinances:
(7) Farm animal watering ponds or excava-
(1) Earth moving in conjunction with any tions located on single-family lots/tracts
routine maintenance activity which re- where the net property size is two acres or
stores the excavation to the final, and more are exempt from the permitting pro-
previously excavated,slope and depth con- cedures contained in this article, but will
figuration approved by the board, or with require an Exempt excavation permit and
the installation of an underground utility must comply with all the construction
which is to be backfilled. Material gener- standards of this article.Such exemptions
ated by such maintenance activity may be apply only if excavation does not exceed
hauled off-site with administrative staff one acre in area and 20 feet in depth.
level approval, if so specified in an ap- Unless an excavation is located in an
proval letter. Agricultural zoning district, a building
(2) Foundations of any building or structure, permit for a single-family home must be
providing the excavation will be confined issued prior to the county issuing an Ex
to the area of the structure only. empt excavation permit.
Activities set forth in subsections 22-
(3) Excavations relating to the accessory use 109(1), (except removal of excess mate-
of property which by nature are of limited rial) 22-109(2), 22-109(3), 22-109(5), and
duration and designed to be filled upon 22-109(6)above do not require an Exempt
completion,i.e.,graves,septic tanks,swim- excavation permit. Activities set forth in
swim-
ming pools, fuel storage tanks, etc. subsections 22-109(4) and 22-109(7) re-
(4) The regrading only of any property for quire submittal of plans or drawings of
aesthetic purposes, including berming or the proposed activity to the Engineering
contouring, that does not create a body of Services Department for a formal letter of
water or affect existing drainage patterns exemption.
or remove native vegetation in excess of (Ord. No. 04 55, § 2.E.; Ord. No. 2006 04, § 1)
county standards.
Sec. 22-110. Excavation review procedures.
(5) Agricultural drainage and irrigation work
incidental to agricultural operations (see (a) Types of excavation permits. The permits
subsection 22-110(2) for off site hauling). required by this article shall be issued by the
Engineering Services Department in accordance
a. Excavations incidental to agricul- with the procedures set forth herein and shall
ture surface water management and come under one of the following categories:
water use facilities as included in
existing South Florida Water Man- (1) Private excavations. Private excavations
agement District permits. All exca are considered to be an excavation on
vated materials must remain on lands non-commercial property where the exca
under the same ownership.Any trans- vated material is not removed from the
property and where the disturbed surface
portation of materials over public
roads is subject to appropriate Right- area at grade does not exceed two acres.
of Way permits. Where more than one excavation is pro-
posed for the same piece of property or
(6) The grading, filling, and moving of earth properties under common ownership and
in conjunction with road construction the combined disturbed surface area ex-
within the limits of the right-of-way or ceeds two acres, the permits shall not be
construction easement when the construc- issued as a private excavation.
Supp.No. 26 CD22:21
§22-110 COLLIER COUNTY CODE
1
(2) Commercial excavations. Commercial ex- standards of this article have been met.
cavations are considered to be any exca- When, in his opinion, the standards have
vation wherein the excavated material is not been met, the application shall be
removed from the subject property. Ex- submitted to the environmental advisory
cept that up to 4,000 cubic yards of exca- council for recommendation with ultimate
vated material may be removed from an approval or denial required of the Board.
agriculturally zoned site if the fill is the (2) Issuance of commercial excavation per-
result of a legitimate agricultural use as mits. Applications for commercial excava-
defined in other sections of this Code. tion permits shall be reviewed by the
All approved developments with off-site community development and environmen-
hauling activities will be considered corn- tal services administrator, or his desig-
mercial excavations. See subsection 22- nee, and by the environmental advisory
110(a)(3)b. for exemption. council for recommendation and approved
(3) Development excavation.Development ex- by the board. When a request is made to
cavations are considered to be any exca remove surplus fill material from a previ-
vation located within the boundaries of a ously approved development excavation,
planned unit development, or subdivision the requirement for review by the envi
development, having approved construe- ronmental advisory council shall be waived,
tion plans (to include SDPs), or an indus-
trial or commercial project, or where the of fill to be hauled, staff may require
disturbed area of an excavation exceeds approval by Collier County Planning Com-
two acres,but no fill is removed from the mission.
subject property for whatever purpose pro- (c) Notice of meeting. The county manager ortaa.")
vided that: designee shall give prior written notice of the
a. The excavations were clearly de- environmental advisory council meeting, by first
fined and detailed as to location, class mail, as noted in subsection 22-111(a)(3)d.,
size, shape, depth and side slopes to all adjacent property owners(within 300 feet of
during the development's review pro- the property line or within 500 feet of the excava-
cess and, if applicable, approved by tion itself) as determined by reference to the
the Board after appropriate public latest official tax rolls.
hearings. For excavations located in Estates zoning dis-
b. If approved by the Board during the tricts, all owners of existing homes or homes
rezone and/or preliminary subdivi- under construction, (i.e. having broken ground
sion plat process, excavated mate- on the date of submittal of the excavation
rial in an amount up to ten percent permit application) within one mile of the site
(to a maximum of 20,000 cubic yards) along the haul route must be notified in accor-
of the total volume excavated maybe dance with section 22-111(a)(3)d. of this Code.
removed from the development. In- Such property owners may request that the
tentions to remove material must be item be heard by the Board of County Commis-
clearly stated during the sioners at a public hearing.
development's review and approval
process. (d) Excavation permit criteria. Approval by the
Engineering Services Director, or his designee,
(b) Issuance of permits. and the Board shall be granted only upon compe-
(1) Issuance of private and development ex- tent and substantial evidence submitted by the
cavation permits. The county manager or applicant, that:
designee may administratively approve (1) The excavation will not interfere with the
and issue private and development exca- natural function of any sanitary, storm or
vation permits where all of the applicable drainage system, or natural flow way, l
Supp.No. 26 CD22:22
BUILDINGS AND BUILDING REGULATIONS §22-110
whether public or private, so as to create wetland pursuant to the design require-
flooding or public health hazards or jeop- ments of Section 10.02.02 of the Land
ardize the functions of the natural re- Development Code.Any building site ad-
sources and environment of Collier County. jacent to a wetland and elevated by fill-
(2) Dust or noise generated by the excavation ing,must employ the same erosion control
will not cause a violation of any applicable devices. Fill must be stabilized using sod,
provisions of this article. Rock crushing seed, or mulch.
operations or material stockpiles that will (e) Other permits required.All appropriate state
be adjacent to any existing residential and federal permits or approvals for work in
area may require separate county ap- jurisdictional areas shall be provided to the county
proval. manager or designee prior to issuance of an
(3) The excavation will not adversely affect excavation permit.
groundwater levels, water quality, The excavation permit shall include authoriza-
hydroperiod or surface water flow ways.
The county manager or designee may tion to remove vegetation within 20 feet of the
require the applicant to monitor the qual lake control contour elevation and for the stock-
ity of the water in the excavation and pile area.
adjacent ground and surface waters. Un-
De-
der no circumstances shall the excavation (f) Fees and guarantees. Upon Community velopment and Environmental Services Adminis-
be conducted in such a manner as to trator, or his designee, approval on behalf of the
violate Collier County or applicable State Board of County Commissioners, the applicant
of Florida water quality standards. will, within 60 days of written notification from
(4) The excavation will be constructed so as the Community Development and Enviornmental
not to cause an apparent safety hazard to Services Administrator or his designee, pay the
persons or property. required permit/review fee, and post, if required,
The excavation does not conflict with the the appropriate performance guarantee, in a for-
(5) mat approved by the county attorney.
growth management plan or land devel-
opment regulations adopted pursuant Failure to pay the fees and post the guarantee
thereto, nor does it conflict with existing within this time period shall constitute aban-
zoning regulations. Special criteria and donment of the excavation permit application
approval procedures may be necessary for and will require complete reapplication and
projects within the Big Cypress Area of review in accordance with all requirements in
critical state concern. effect at the time of reapplication, with the
(6) In cases where a wetland is no longer following exceptions:
capable of performing environmental tune- (1) Upon receipt of an applicant's written
tions or providing environmental values request with sufficient justification, as
or in cases where it is determined that no determined by the county manager or
reasonable alternative exists other than designee, and payment of a time exten-
disrupting a wetland, certain alterations sion fee, the county manager or designee
may be allowed, except as otherwise au- may, one time only, authorize the exten-
thorized through previous county review sion of the permit issuance time for up to
processes. an additional 60 days.
(7) Flow of water within and through pre (2) All previously approved excavation per-
served wetlands shall not be impeded. mits that have yet to be issued by the
(8) Appropriate sediment control devices(hay county manager or designee become eligi-
bales, silt screens, etc.)shall be employed ble for the above time extensions upon the
to prevent sedimentation within the effective date of this article.
Supp.No. 26 CD22:23
§22-110 COLLIER COUNTY CODE /"")
(g) Duration of excavation permits. (2) Proof of ownership, legal description and
(1) Private excavation and commercial exca- location of the property involved.A small
vation permits located in Estates zoning location map, drawn on 81/2-inch by 11-
districts shall be valid for a period of 12 inch paper, shall accompany the applica-
months from the date of issuance. If the tion, clearly showing the location of the
work is not completed in that time, a proposed excavation(s)in relation to corn-
second application, with a reapplication monly recognized landmarks.
fee must be submitted to the county man-
ager or designee, requesting up to an (3) A signed Excavation Application provided
by the County and completed by the ap-
additional 12 months to complete the ex- plicant or his agent which includes:
cavation. If the county manager or desig-
nee finds sufficient good cause to grant a. A statement that he has read this
the request, a permit extension will be article and agrees to conduct the
issued. excavation in accordance with this
(2) Commercial and development excavation article, this Code and other county
permits will be of indefinite duration or and state codes and laws.
until the excavation reaches the limits of b. A statement of the purpose of the
the permitted size, provided the excavat- excavation and intended use of the
ing operation remains active in accor- excavated material.
dance with the requirements of this arti- c. Exhibits prepared and sealed by the
cle. Thirty (30) days prior to anniversary project's surveyor/engineer showing:
date of permit, an annual status report, a 1. The boundaries of the property.
renewal fee, and a 12 month inspection
fee, set by resolution, shall be required. 2. Existing grades on the prop- 1
(h) Excavation application time limit for re- erty.
view. Excavation application, once deemed com- 3. The level of the mean annual
plete and sufficient, will remain under review so high and low water table with
long as a resubmittal in response to County supporting information rela-
reviewers' comments is received within 270 cal- tive to how elevations were de-
endar days from the date on which the comments termined.
were sent to the applicant. If a response is not 4. The grades which will exist fol-
received within this time, the application for the lowing the completion of the
excavation review will be considered withdrawn excavation.
and cancelled. Further review of the project will
require a new application and payment of new 5. The volume of the excavation
application fees subject to the then current regu as measured from the natural
lations. grade.
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 2) 6. Easements, existing utilities,
Sec. 22-111. Application requirements for ex-
roads and setbacks, and zon-
cavation permits. ing.
(a) Unless otherwise directed, one copy of all 7. Drainage and flowways.
required application documents shall be submit- 8. Aerial limits of any special site
ted to the county manager or designee on a form vegetation such as mangrove,
to be supplied by Collier County. The application cypress or other wetland spe-
shall include, but not be limited to, the following cies.
information: 9. For development and all com-
(1) The name,address and telephone number mercial excavations,logs of soil
of the applicant or his agent,and,if known, auger borings with field classi-
the excavator. fication shall be provided, un-
Supp. No. 26 CD22:24
BUILDINGS AND BUILDING REGULATIONS §22-111
less existing recent data is avail- to the owners of those dwell-
able and provided to the county ings or dwellings under con-
manager or designee,for use in struction.
determining minimum and max-
imum depths and appropriate d. If the project is to be submitted to
side slope configurations and the Environmental Advisory Coun-
evidence of any confining lay- cil, a list of the names and ad-
ers, (this latter to determine if dresses, obtained from the latest of-
on-site or adjacent wetlands are ficial tax rolls,of all owners or owner
"perched".) The depth of the associations of property within one-
soil auger borings shall extend fourth mile of the excavation or on-
to a point at least one foot be- site vehicle access route or within
low the proposed bottom eleva- 300 feet of the property lines of the
tion of the excavation,and shall property on which the excavation is
be of at least the following den- to be performed, whichever is less,
sity according to size of each must be submitted to the Engineer-
excavation; zero to four and ing Services Director or designee.
nine-tenths acres/two locations; The applicant shall also furnish the
five to nine and nine-tenths Engineering Services Director or des-
acres/three locations; ten acres ignee with said owners' names and
or more/three locations plus one addresses on pre-addressed four
for each additional 20 acres or inches by nine and one-half-inch en-
fractional part thereof. velopes with first class, plus one
10. For private excavations,two au additional ounce, postage ready for
ger borings or a simple ma- mailing.
chine excavated hole to a depth e. Water management plan detailing
of 13 feet below the wet season methods for the conservation of ex-
water table must be submitted. isting on-site and off-site surface
11. For commercial excavations,the drainage systems and groundwater
site must be posted with a no- resources. Copies of an appropriate
tification of the date, time, and surface water management permit
location of the public hearing and/or water use permit (dewater-
before the board of county com- ing) as required and issued by the
missioners. South Florida Water Management
12. For commercial excavations lo-
cated in Estates zoning dis county manager or designee prior to
tricts,a list of homeowners and commencing the excavation opera-
a map of all existing dwellings tion.
and dwellings under construc- f. If excavated material will be re-
tion (i.e. having broken ground moved from the property, and un-
on the date of submittal of ap- less, due to site-specific circum-
plication) adjacent to the haul stances, the requirement is waived
route, and one mile in any di- by transportation operations direc-
rection, must be submitted for tor, a traffic and road impact analy-
notification to the Community sis will be made by the applicant to
Development Division Engineer- address the following:
ing Services Department along
with envelopes having postage 1. Identifying the project's zone of
for two ounces and addressed influence, that is, the distance
Supp.No. 26 CD22:25
§22-111 COLLIER COUNTY CODE /1
from the site that traffic is ei- County Planning Commission
ther generated from or attracted followed by review and action
to. by the board.
2. The existing condition of the g. The permittee may provide a phas-
road system within the excava ing plan whereby the required per-
tion project's zone of influence. formance guarantee may be reduced
3. The capacity of the road system provided that security requirements
within the zone of influence to are met in the first phase. No exca-
handle existing traffic, normal vation shall take place in future
growth in the traffic, and addi- phases until either the first phase is
tional traffic generated from the completed and approved by Collier
excavation project in consider- County or additional security require-
ation of the time frame of the ments are provided for the future
traffic generation and the wheel phase(s) of work. Performance guar-
loadings of such traffic. antees for platted lakes shall be in
4. The site-specific road work an amount equal to the engineer's
within the zone of influence certified construction estimate.
which is necessary prior to the
start of the project and which h. Should blasting be necessary in con-
will be necessary during the junction with the excavation,all blast-
project so as to assure that pre- ing shall be done under an approved
mature road failure and/or se- Collier County user/blaster permit
were road damage will not oc- with no overburden removed prior tota"")
cur. blasting from the area planned for
5. Road work to be undertaken by excavation unless otherwise approved
the applicant to mitigate ad- by the county manager or designee.
verse road impacts along with Said permits shall be obtained from
confirmation of the security, if the Collier County Engineering Ser-
applicable, to be provided by vices Department. Should approval
the applicant to assure comple- blasting not be granted to the
tion of the identified road work. applicant, the applicant shall re-
Any and all security and/or per- main responsible to meet any and all
formance guarantee required in requirements of an approved excava-
excess of$100,000.00 as set forth tion permit unless the subject exca-
in the road use analysis shall vation permit is modified in accor-
be secured or guaranteed prior dance with this article.
to Excavation permit issuance. i. If trees are to be removed as a result
Should there not be concur- of the excavating operation, a simul-
rence by transportation opera- taneous submittal shall be made to
tions director and the appli- the Environmental Services Depart-
cant, about the improvements, ment. Approval by Environmental
maintenance,performance guar- Services staff will constitute a per-
antee and/or other requirements mit for removal of the vegetation
on the part of both parties based when the excavation permit is
on the road impact analysis, granted.
the permit application along
with applicable information j. If the application is made by any
shall be subject to review and person or firm other than the owner
recommendation by the Collier of the property involved, a written
Supp.No.26 CD22:26
BUILDINGS AND BUILDING REGULATIONS §22-112
and notarized approval from the prop- ting a residentially zoned district,
erty owner shall be submitted prior the setback shall be 100 feet from
to processing of the application. the residentially zoned property. Ex-
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 3) ceptions to these setbacks may be
granted if the following criteria are
Sec. 22-112. Construction requirements for met: installation of proper fencing
excavations. (minimum six feet chain link),berms,
walls,or other engineered protective
All requirements of the South Florida Water measures for the portion of the prop-
Management District, Permit Information Vol- erty line within 100 feet of the lake.
ume IV, along with the following requirements, The minimum setback from any prop-
shall apply to all excavations. erty line to the control elevation con-
(1) Setbacks. Excavations shall be located so tour shall be 20 feet.
that the control elevation contour of the c. From jurisdictional wetlands set-
excavation shall adhere to the following backs will be determined using stan-
minimum setback requirements: Excep- dards set by SFWMD or the Depart-
tion, where an excavation crosses corn- ment of Environmental Protection,
mon parcel or property lines, the setback as applicable.
requirements are exempt at the contigu-
ous property lines. (2) Side slopes. The finished side slopes of the
excavated area, expressed as the ratio of
a. Fifty feet from the right-of-way line the horizontal distance in feet to one foot
or easement line of any existing or of vertical drop, shall be as follows:
proposed, private or public, street, A maximum four to one slope shall be
road, highway or access easement. graded from the existing grade to a
Exceptions to the above referenced breakpoint at least ten feet below the
setbacks may be developed and shall control elevation. Below this breakpoint,
be subject to final approval by the slopes shall be no steeper than two to one.
development services administrator
or his designee.Said exceptions shall a. All governing side slopes shall be
be based upon recognized standards considered from 20 feet outside the
for traffic engineering and road de-
sign(AASHTO and/or Manual of Uni- sulting excavation.
form Minimum Standards for De- b. If rock,homogenous to the bottom of
sign, Construction and Maintenance the excavation,is encountered at any
for Streets and Highways, State of elevation above the breakpoint,then
Florida) and shall incorporate such the remaining slope below the
factors as road alignment, travel breakpoint shall be no steeper than
speed, bank slope, road cross sec- 0.5 to one. If said homogenous rock
tion,and need for barriers.However, is encountered below the breakpoint,
lakes immediately adjacent to "T in- then the slope below the breakpoint
tersections" shall be located based shall be no steeper than two to one to
on a specific design analysis by the the rock elevation, and no steeper
applicant's engineer which provides than 0.5 to one from the rock eleva-
for safety and traffic considerations tion to ten feet below the control
at the intersection. elevation.
b. Fifty feet from side,rear,or abutting c. In the event that property where a
property lines, except where the ex- commercial or exempt agricultural
cavation is located in agriculturally excavation was previously excavated
or industrially zoned districts abut- is rezoned/developed for uses other
Supp.No. 26 CD22:27
§22-112 COLLIER COUNTY CODEt".")
than agriculture,the excavation shall feasible. The mean fetch shall be
be modified to the standards for de- computed as follows: (A+B)/2 where
velopment excavations in accordance "A" is the average length parallel to
with the requirements of subsection the long axis of the excavation and
22-112(b)or other criteria as may be "B" is the average width of the exca-
more stringent. vation as measured at right angles
d. Exceptions to the side slope require to the long axis.
ments that may be justified by such Commercial excavations shall not ex-
alternatives as artificial slope protec- ceed 20 feet in depth unless other-
tion or vertical bulkheads shall be wise supported by the "fetch formu-
approved in advance by the Engineer- la", or if it can be shown from a
ing Review Services Department Di- comparative water quality study that
rector, where justification shall be depths in excess of 20 feet will not,
documented in a design analysis pre- because of aquifer conditions or rel-
pared by a professional engineer reg- ative location to coastal saline wa-
istered in the State of Florida. Bulk- ters,have a detrimental effect on the
heads may be allowed for no more groundwater resources in the sur-
than 40 percent of the shoreline rounding area.
length. Exception to the breakpoint
depth may be granted by the Engi b. Minimum. In order to assure that
neering Services Department based unsightly conditions or undesirable
on historical water elevation data. aquatic growth will not occur in wet
retention areas during the dry sea-
e. No building construction permits will son of the year, the bottom elevation
be issued for any proposed construc- of these excavations shall be at least
tion around the perimeter of any six feet below dry season water ta-
excavation where the minimum clear- ble, unless the portion of the lake in
ance between the excavation top-of- question is a littoral zone planting
bank and the proposed building foun- area.
dation is less than 30 feet, unless
and until all side slopes adjacent to c. Over-excavation. In those instances
the proposed construction have been where the excavator over-excavates
completed and approved by the county the depth of the excavation by more
manager or designee. Exceptions to than an average of ten percent,writ-
this requirement will be made in ten justification shall be submitted
those instances where the perimeter to the county manager or designee
of the excavation will be bulkheaded by the project's surveyor/engineer pro-
in accordance with the provisions of viding an assessment of the impact
subsection 22-112(b)(4). of the over-excavation on the water
quality of the excavation. If, upon
(3) Depths. Unless site conditions,water qual-
review of the assessment statement
ity or soil information indicates other- by the county manager or designee
wise, the excavation depths as measured and Environmental Advisory Coun-
from the permitted control elevation shall cil,the increased depth is found to be
be as follows: unacceptable, the permittee shall be
a. Maximum.Private and development required to fill the excavation to the
excavations shall not exceed 20 feet permitted depth with materials and
in depth unless computations using methods approved by the county man-
the"fetch formula"of maximum depth ager or designee. If the depth is
= 5 feet + (0.015) x (mean fetch in deemed acceptable by the county /'"
feet)indicate that deeper depths are manager or designee and approved
Supp.No. 26 CD22:28
BUILDINGS AND BUILDING REGULATIONS §22-112
by the environmental advisory coun- contour and a 20-foot wide area around
cil, a penalty will be against the the entire perimeter of the excavation,
permittee for the volume of over- measured from the control elevation con-
excavated material.The penalty shall tour, shall be sodded or fertilized and
be set by resolution for each addi- seeded with a quick-catch seed variety
tional cubic yard of excavated mate- approved by the county manager or des-
rial. ignee within 60 days of the final side slope
(4) Fencing. If, at any time, the county man- shaping in order to minimize the poten-
ager or designee finds that the location tial for erosion.
and conditions of an excavation are not in,
or able to be brought into, compliance (7) Discontinuance of operations. If the exca-
with all requirements of this article, the vating operation is inactive for a period of
excavation shall be buffered with a mini- 90 consecutive days, except due to strikes
mum of a six-foot-high fence with "No or acts of God, all side slopes, including
Trespassing"signs as deemed appropriate the working face, shall conform with this
by the county manager or designee to article and a report so stating, prepared
deter passage of persons. and sealed by the project's surveyor/
(5) Hours of operation. Hours of equipment engineer shall be submitted to the county
and blasting operations shall be regulated manager or designee. Recommencement
by appropriate county ordinance and state shall also be reported to the county man
laws. Unless otherwise approved by the ager or designee. If the excavating opera
county manager or designee, all excava tion is never started or if discontinued for
tion operations with the exception of a period of one year, that permit is void
dewatering pumps,which are within 1,000 feet of developed residential property,shall unless a written request is made by thepermittee with sufficient justification for
be limited to operating hours between a time extension in which case the county
7:00 a.m. and 5:00 p.m., Monday through manager or designee may authorize a
Saturday. Hours of operation for private permit extension for up to 180 days. A
and for commercial excavations located in new permit must be approved prior to
Estates zoning districts shall be 7:00 a.m. commencement.
to 5:00 p.m., Monday through Friday.Ad-
ditionally,such excavation operations shall (8) Non-water management system lakes.Non-
be in compliance with any and all county water management system lakes of a sur-
ordinances which establish operating con-
trols by hours, days, noise level, or other riprapped along their entire shoreline un
parameters relating to public health,safety der the following conditions:
and welfare. a. Side slopes shall be no steeper than
(6) Restoration. Upon completion of the exca- a ratio of two to one.
vation operation,the subject property shall b. Littoral shelf areas must conform to
be restored as required by the 1986 State section 3.05.10 of the Land Develop
of Florida Resource Extraction Reclama-
tion Act(F.S. ch. 378,pt. IV).Reclamation ment Code.
shall mean the reasonable rehabilitation c. Riprapping must extend down to the
of the total disturbed area where the slope breakpoint required by subsec-
resource extraction has occurred,and shall tion 22-112(2).
meet the reclamation performance stan-
dards established by the state. All dis- d. The lake shall have protective barri-
turbed areas, including the excavation ers to prevent vehicular access where
side slopes above the control elevation necessary.
Supp. No. 26 CD22:29
§22-112 COLLIER COUNTY CODE
e. The lake shall meet all of the design d. Hours of operation for digging and/or
requirements of this article and sec- off-site hauling will be 7:00 a.m. to
tion 3.05.10 of the Land Develop- 5:00 p.m., Monday through Friday.
ment Code. e. All areas disturbed as a result of fill
(9) Amendments to approved excavations. Sub- storage must be seeded and mulched
stantial changes to any approved excava- upon completion of construction.Prior
tion permit, (i.e. changes resulting in an to release of the performance bond,
increase of 20 percent or more in exca- the planted seed must reach a height
vated volume resulting in less than 50,000 of six inches. Rye grass is acceptable
additional cubic yards), must be submit- for this purpose.
ted to the Engineering Services Depart- f. Lake location and size. For parcels
ment for review and approval, with such five acres in size and smaller, the
approval granted in writing prior to corn- surface of the lake can occupy a
mencement of any proposed change. Lit- maximum of 40 percent of the lot
toral shelf areas must conform to section area.
3.05.10 of the Land Development Code. For parcels over five acres and up to
Failure to comply with the permit require- ten acres, the surface area of the
ments shall be cause for the county man lake can occupy a maximum of 45
ager or designee to issue stop work orders percent of the lot area.
on all excavation related activities taking
place or planned for the subject property. For parcels over ten acres, the sur
Insubstantial changes shall not require face area of the lake can occupy a
prior written approval and shall include maximum of 50 percent of the lot
'61.4
reductions in surface area not affecting area. \1
water management design quantities of Finished lakes shall be irregularly
material to be removed.A written descrip- shaped with no corners less than 40
tion of proposed insubstantial change(in- feet in radius, and must otherwise
eluding an illustrated as-built as per the conform to section 5.05.08 of the
excavation permit) to any approved exca- Land Development Code.
vation shall be submitted in writing to the Setbacks less than 50 feet from con-
Engineering Services Department. trol elevation contour to property
(10) Special requirements for commercial exca- line are allowed if proper fencing(72
nations located in Estates zoning districts inches high and"childproof")is used.
are as follows: Under no circumstances will a set-
back of less than 20 feet from control
a. Commercial excavations must be au- elevation contour to property line be
thorized by a conditional use permit allowed. There shall be no excep-
for the parcel(s) where the excava- tions to the 50 foot front yard set-
tion occurs. back from the road right-of-way line.
b. Conditional uses and excavation per- g. Depths. Commercial excavations lo-
mits expire after one year, with a cated in Estates zoning districts shall
provision for one additional one-year not exceed 20 feet in depth. The
extension upon payment of renewal minimum depth shall be 6 feet below
and inspection fees. low water at the middle of the exca-
c. Blasting will not be permitted. If vation. See subsection 22-112(1) for
test holes show that rock is less than exceptions.
12 feet from the original grade, re- h. Sideslopes shall be no steeper than
moval methods must receive staff one foot vertical to four feet horizon- Pm.)
"
approval. tal to a depth of ten feet below con- 1
Supp.No. 26 CD22:30
BUILDINGS AND BUILDING REGULATIONS § 22-113
trol elevation and may be as steep as Sec. 22-113. Inspection and reporting re-
one foot vertical to two feet horizon- quirements.
tal below that elevation. Exception
to the breakpoint depth may be (a) Inspection.
granted by the Engineering Services
Department based on historical wa- (1) Collier County personnel, having given
ter elevation data. reasonable advance notice, shall have the
i. Building envelope. A minimum one- right to enter the property permitted for
acre building envelope is required. excavation and to carry out monthly in-
The envelope shall be contiguous, spections of the excavation site, which
rectangular in shape, and may ex- may include the collection of water sam-
tend to the property lines and in- ples to determine compliance with the
dude setbacks.The minimum dimen- provisions of this article and any special
sion of any side of the rectangle shall conditions attached to the excavation per-
be 150 feet. mit as issued by Collier County.
j. Stockpiles. The stockpile area may (2) Upon reasonable notice from Collier County
occupy the future homesite. Proper personnel that an inspection is to be con-
erosion control and sediment mea- ducted, which requires the assistance
sures (meeting PDES standards) and/or presence of the permittee or his
must be used at the stockpile site. representative, the permittee or his rep-
k. Littoral zone plantings must con- resentative shall be available to assist
form to section 3.05.10 of the Land and/or accompany county personnel in
Development Code. the inspection of the excavation site.
1. Federal and state agency permits. (3) Collier County personnel are not obli-
Any excavation in an area contain- gated to carry out a detailed topographic
ing SFWMD(Southwest Florida Wa- survey to determine compliance with this
ter Management District), DEP(De- Article.Upon a finding of violation of this
partment of Environmental Article or the special conditions of the
Protection)or USACE(United States excavation permit,the county manager or
Army Corps of Engineers) jurisdic- designee shall advise the permittee in
tional vegetation must obtain a per- writing by certified letter. The permittee
mit from the applicable agency prior shall, within 15 days of receipt of such
to issuance of the excavation permit. notice,have either the violation corrected
(11) Erosion control. Upon completion of any or submit in writing why such correction
lake construction, a silt fence must be cannot be accomplished within the 15-day
installed around all portions of the lake period. Such written communication shall
which are contiguous to proposed new also state when the violation is to be
construction. Portions of the silt fence corrected. If, in the opinion of the county
may be removed after the new construc- manager or designee,the delay in correct-
tion (i.e. residences, roads, drainage) ad- ing the violation is excessive, he may
jacent to that section of silt fence has been recommend to the board that the excava-
approved.Alternate means of erosion con- tion permit be temporarily suspended or
trol,meeting federal and state standards, permanently revoked. Upon correction of
may be approved by the Engineering Ser- the violation, the permittee may be re-
vices Director, or designee, upon submit- quired by the county manager or designee
tal of a plan showing the proposed erosion to have an appropriate report,letter and/or
control method. survey,whichever is applicable,prepared,
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 4) sealed and submitted to Collier County by
Supp.No.26 CD22:31
§22-113 COLLIER COUNTY CODE ^
the project's engineer/surveyor. Failure to cent property or tract lines,
do so shall be cause for revoking the if appropriate, with right
permit. angle cross sections taken
(4) Monthly inspections by county personnel which clearly show the as-
will be conducted for all commercial, de built side slope and depth
velopment, and private excavations. of the excavation at each
station. Unless otherwise
(b) Reporting. approved by the county
manager or designee,cross
(1) Status reports. The permittee shall pro sections shall be taken ev-
vide the community development and en ery 100 feet on excava-
vironmental services administrator,or his tions five acres or less,and
designee, with an excavation activities every 300 feet on excava-
status report as follows: tions over five acres. Par-
a. Private and commercial excavations tial cross sections show-
located in Estates zoning district. A ing the as-built side slopes
final status report within 30 days will be necessary on the
after the final completion of the ex- ends of the excavation and
cavation. around the perimeter of
b. Development and commercial exca the excavation where due
nations. An annual status report ev-
ery 12 months over the duration of base line right angle cross
the permit and a final status report sections do not accurately
con-
within 30 days after the final corn- depict the actual pletion of each phase of the excava- ti.")
strutted slopes. The cross
tion. If a final status report will be section survey data shall
filed within four months of the re- be plotted at an appropr
quired annual status report, then ate scale and the as-built
the need for the preceding annual side slope ratio computed
status report shall be waived. for each of the segments
between the survey data
The final status report shall consist points. The approved de-
of no less than the following infor- sign cross section, includ-
mation, and such other information ing the breakpoints, shall
as may be deemed necessary by the be superimposed on each
community development and envi- as-built cross section to fa-
ronmental services administrator,or cilitate visual verification
his designee, to accurately deter- of substantial compliance
mine the status of the excavation,its with provisions of this ar-
compliance with this Article and the tide. Side slopes shall be
special conditions of the excavation graded to within a reason-
permit: able tolerance as will be
1. A sealed topographic survey pre- determined by the county
pared by the project's surveyor/ manager or designee, de-
engineer,containing the follow- pending upon local site
ing: conditions.
a) A base line along the top b) On all planned unit devel-
of the perimeter of the ex- opment or subdivision
cavation,clearly referenced projects,the outline of the
to known points and adja- excavation's top-of-bank
Supp.No. 26 CD22:32
BUILDINGS AND BUILDING REGULATIONS §22-114
shall be accurately plot- article and any special stipula-
ted and referenced to tions placed upon the excava-
known control points in tion permit.
order that: 4. The annual status report shall
i) The surface area can consist of no less than the fol-
be verified as meet- lowing information, and such
ing size and reten- other information as may be
tion/detention stor- deemed necessary by the corn-
age needs. The munity development and envi-
computed surface ronmental services administra-
area at control eleva- tor,or his designee,to accurately
tion shall be shown determine the status of the ex-
to the nearest tenth cavation, its compliance with
of an acre. this article and the special ii) It can be determined con-
ditions of the excavation per-
mit:
that the excavation
was constructed a) An annual aerial photo-
within easements graph with a scale of no
dedicated for that less than one-inch equals
200 feet.
purpose.
b) Depth of excavation sound-
c) Calculation of value of ex-
cavated material as fol- ings taken on a 300-foot
lows: Cubic yards used on grid.
site+Cubic yards removed c) The property lines of the
from site + Cubic yards commercial excavation site
remaining on site in stock as shown on an aerial pho-
piles = Total cubic yards tograph.
excavated. d) At the completion of any
lake or phase of the exca-
2. A certification from the project's
to-
surveyor/engineer stating that vation permit,a sealed
pographic map by the
they have visually inspected all
project surveyor/engineer
dikes around any dewatering
shall be submitted in con-
storage areas, if any, and have formance to the preceding
alerted the permittee of any subsection 22-113(b)(1)
apparent weak spots or failures b.1.a).
which shall be promptly cor-
rected by the permittee to as (Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 5)
sure that there will be no po-
tential for dike rupture that Sec. 22-114. Fees.
would cause off site flooding. (a) Application fee. A nonrefundable and non-
3. A certification from the project's transferable application fee shall be paid at the
surveyor/engineer shall accom- time of application for private, commercial or
pany all final completion status development excavation permits to cover the costs
reports stating that, based on of processing the application. Should a road im-
their observations and surveys, pact analysis be required in accordance with
all work on the excavation(s) subsection 22-111(a)(3)f. of this article, the appli-
was completed within reason- cation fee shall be increased to cover the cost of
L...." ably acceptable standards of this the road impact analysis.
Supp.No.26 CD22:33
§22-114 COLLIER COUNTY CODEP.m.)
(b) Permit I review fee. Within 60 days after required of an independent special-purpose gov-
approval notification and prior to its issuance, an ernment in accordance with subsection 22-115(a)(3).
additional nonrefundable and nontransferable per- The excavation performance security agreement
mit/review fee shall be paid to cover the cost of the shall be guaranteed by one of the following three
project and plan reviews. methods:
(c) Time extension fee. Each written request for (1) Excavations performed in conjunction with
the extension of permit issuance time shall be a planned unit development or subdivi-
accompanied by a nonrefundable time extension
fee to cover the costs of processing the request and sion development where excavated mate
the county manager or designee shall not consider rials are not removed from the boundary
the request received until this extension fee is of the development and the plan for re
paid in full. vised topography has been approved by
the county manager or designee may be
(d) Reapplication fee. If a private excavation is guaranteed by a subdivision completion
not completed within a 12-month period,a second bond in accordance with Chapter 10 of the
application and a nonrefundable reapplication fee Land Development Code governing the
must be submitted to the county manager or final platting of a subdivision.
designee.
(e) Annual renewal fee. Annual status reports (2) All other excavations shall,within 60 days
filed on development or commercial excavations after approval notification,have their per
shall be accompanied by an annual nonrefund-
able renewal fee to cover the cost of reviewing the posit or certificate of deposit assigned to
annual status report. the Board of County Commissioners, (b)
an irrevocable letter of credit or surety
/°Th
(f) Monthly inspection fee. A monthly inspec- bond. Unless otherwise approved by the
tion fee, paid in advance for 12 months, and due county manager or designee, certificate
prior to issuance of a permit and then due 30 days assignments or letters of credit shall be
prior to the anniversary date of the permit, shall documented on forms to be provided by
be required for all private, development, and Collier County. The performance guaran-
commercial excavations. If the excavation is corn- tee posted for on-site excavation activities
pleted and approved with monthly inspection fees shall be in an amount of no less than
remaining, the remaining fees will be returned. $25,000.00, nor more than $1,000,000.00
(g) All fees required by this Ordinance shall be computed at the rate of $20.00 for sand
set by resolution. and$100.00 for rock per foot of total lake
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 6) bank perimeter to be excavated to ensure
compliance with the provisions of this
Sec. 22-115. Performance guarantee require- article, but such performance guarantee
ments. shall not act to limit any guarantees re-
quired for off-site road impacts that may
(a) Upon approval of any commercial or devel- be necessary in accordance with subsec-
opment excavation permit, but prior to the issu- tion 22-111(a)(3)f.
ance thereof, the applicant shall, after notifica-
tion that the permit has been approved, execute The County may require the performance
an excavation performance security agreement guarantee posted for on-site excavation
stating that the applicant will comply with the activities to be recomputed at any time
provisions of this article and the permit. Govern- during the project construction for corn-
mental entities shall be exempt from this require- pleted, approved lakes and/or the addi-
ment except for independent special-purpose gov- tion of lake bank perimeter. The recom-
ernment such as a community development district puted rate shall not be less than$25,000.00,
(CDD). Excavation performance security shall be nor more than$1,000,000.00.This perfor-
Supp.No. 26 CD22:34
BUILDINGS AND BUILDING REGULATIONS §22-117
mance guarantee shall not be returned the excavation under the terms of this article, or
until the final approval of the excavation to correct any off-site impacts of the excavation,
has been granted. the permittee shall be financially responsible for
(3) The excavation performance security for all legal fees and associated costs incurred by
an independent special-purpose govern- Collier County in recovering its expenses from the
ment such as a community development firm, corporation or institution that provided the
district (CDD) shall be in the following performance guarantee.
form: (Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 7)
a. Funds held by the bond trustee for a
community development district Sec. 22-116. Appeals.
which are designated for excavation All actions of the county manager or designee
improvements. The CDD shall enter shall, if at all, be appealed to the board. Any
into an excavation performance se- applicant who is aggrieved by the action of the
curity agreement with the county in board relative to the issuance of a permit, or any
a form acceptable to the county at person adversely affected by the issuance of a
torney. The excavation performance permit may challenge said action or issuance by
security agreement shall provide that: appropriate action in a tribunal or court of corn-
(a) all permits required for the con- petent jurisdiction within 30 days from the date of
struction of the excavations(s) shall said issuance or action. Failure to file an appro-
be obtained by the CDD prior to priate action within the prescribed time limit
excavation permit issuance by Col- shall operate as a bar to,and waiver of, any claim
Tier County,(b)the project as defined for relief.
in the CDD's bond documents must (Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 8)
include the excavation improvements
and cannot be amended or changed
without the consent of the county, Sec. 22-117. Penalties and enforcement.
and (c) the developer shall be re-
quired to complete the excavation In addition to the over-excavation penalty pro-
improvements should the CDD fail vided in subsection 22-112(3)(c), any person who
to complete same. violates any section of this article shall be prose-
cuted and punished as provided by F.S. § 125.69.
(b) The performance guarantee shall be exe- Each day a violation exists shall be considered a
cuted by a person or entity with a legal or finan- separate offense.The board or any persons whose
cial interest in the property and shall remain in interests are adversely affected may bring suit,in
effect until the excavation and the requirements the Circuit Court of Collier County, for damages
of section 3.05.10 of the Land Development Code or to restrain, enjoin or otherwise prevent the
are completed in accordance with this article. violation of this article. The county manager or
Performance guarantees may be recorded in the designee is vested with the authority to adminis-
official records of the county and title to the ter and enforce the provisions of this article and is
property shall not be transferred until the perfor- authorized to take action to ensure compliance
mance guarantee is released by the county man- with,or prevent violation of,the provisions of this
ager or designee. article, and shall have authority to issue admin-
(c) All performance guarantees shall be kept in istrative stay orders. Failure to file timely status
continuous effect and shall not be allowed to reports with accompanying permit renewal fees
terminate without the written consent of the and inspection fees, or failure to keep the perfor
mance guarantee in continuous effect shall be
county manager or designee.
cause for the county manager or designee to issue
(d) Should the county find it necessary to uti- stop work orders on all improvements or planned
lize the performance guarantee to undertake any improvements for the subject property.
corrective work on the excavation, or to complete (Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 9)
Supp.No. 26 CD22:35
§22-118 COLLIER COUNTY CODEPm')
Sec. 22-118. Severability. of actual receipt by the applicant of the
It is the intention of the board that each decision of the County Manager, or his
separate provision of this article shall be deemed
designee on the initial request.
independent of all other provisions herein, and it (2) An application for variance, and/or the
is further the intention of the board that if any granting of a variance, shall operate pro-
provisions of this article be declared to be invalid, spectively and shall not affect any then
all other provisions thereof shall remain valid and pending enforcement action against the
enforceable. property owner pursuant to the provi-
(Ord. No. 04-55, § 2.E.) sions of this subsection or otherwise.
(Ord. No. 2006-04, § 11)
Sec. 22-119. Compliance with state and fed-
eral permits. Secs. 22-121-22-160. Reserved.
The issuance of a permit in accordance with the
provisions of this article is not intended to pre- ARTICLE V. BUILDING TRADES*
dude the right or authority of any other federal or
state agency from requiring separate permits in
accordance with rules and regulations of that DIVISION 1. GENERALLY
agency. In a case where multiple permits are
required, the most stringent stipulations and re- Sec. 22-161. Title and citation.
quirements of each permit shall govern the work This article shall be entitled and may be cited
permitted under this article. as the "Collier County Contractors' Licensing
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 10) Board Ordinance."
(Ord. No. 90-105, § 6.1)
Sec. 22-120. Variances.
(a) Any person who is affected by the lake Sec. 22-162. Definitions and contractor qual-
location and sizing requirements of this subsec- ifications.
tion may make application to the County Man- The following words, terms and phrases,when
ager, or his designee, for a variance if strict used in this article, shall have the meanings
compliance with this subsection will impose a ascribed to them in this section, except where the
unique,unnecessary and inequitable hardship on context clearly indicates a different meaning:
the person or the affected property. Relief may be
granted only upon submitted proof that such Business organization means any partnership,
hardship is peculiar to that person or that af- corporation,business trust,joint venture,or other
fected property, the problem is not self-imposed, legal entity which engages or offers to engage in
and that the granting of the variance would be the business of contracting or acts as a contractor
consistent with the general intent and purpose of as defined in this section.
this sections and the variance is the minimum
variance necessary to eliminate the hardship. Contracting means, except as exempted in this
part, engaging in business as a contractor and
(1) The County Manager, or his designee, is includes,but is not limited to,performance of any
the only person authorized to grant or of the acts as set forth in subsection (3) which
deny variances for the lake location and define types of contractors. The attempted sale of
sizing requirements. The County Man- contracting services and the negotiation or bid for
ager, or his designee should render a a contract on these services also constitutes con-
decision on the variance request within
ten working days after actual receipt of a *Cross reference—Businesses,ch. 26.
State law references—Authority to adopt business reg-
complete application. Denial of a variance ulations, F.S. § 125.01(1)(h); contractors generally, F.S. ch.
request may be appealed to the Board of 489;preservation of certain powers of counties,F.S.§§489.131,
Zoning Appeals within ten working days 489.537. 1
Supp.No. 26 CD22:36
BUILDINGS AND BUILDING REGULATIONS §22-162
tracting. If the services offered require licensure (3) Residential contractor requires 48 months
or agent qualification,the offering,negotiation for experience with a passing grade on an
a bid, or attempted sale of these services requires approved test and a business and law test
the corresponding licensure. However, the term and means a contractor whose services
"contracting" shall not extend to an individual, are limited to construction, remodeling,
partnership, corporation, trust, or other legal repair,or improvement of one-family,two-
entity that offers to sell or sells completed resi- family, or three-family residences not ex-
dences on property on which the individual or ceeding two stories in height and acces-
business entity has any legal or equitable inter- sory use structures in connection therewith.
est, if the services of a qualified contractor certi- (See also the definition of subcontractor.)
fled or registered pursuant to the requirements of
this chapter have been or will be retained for the (4) Contractor qualifications for practice and
purpose of constructing such residences. restrictions include the following:
a. A general, building, or residential
Contractor means the person who is qualified contractor shall not be required to
for and responsible for the entire project con- subcontract the installation, or re-
tracted for and,except for those herein exempted, pair made under warranty, of wood
the person who, for compensation,undertakes to, shingles, wood shakes, asphalt or
or submits a bid to, or does himself or by others, fiberglass shingle roofing materials
any or all of the following: construct,repair, alter, on a new building of his own con-
remodel, add to, demolish, subtract from, or im- struction.Further,a general contrac-
prove any building or structure,including related tor on new site development work,
improvements to real estate, for others, or for site redevelopment work,mobile home
resale to others, as hereinafter defined in this parks, and commercial properties
section. shall not be required to subcontract
the construction of the main sani-
(1) General contractor requires 48 months tary sewer collection system, the
experience with a passing grade on an stormwater collection system, and
approved test and a business and law test the water distribution system, not
and means a contractor whose services including the continuation of utility
are unlimited as to the type of work which lines from the mains to the build-
he/she may do, except as provided in this ings. Further, as to mobile home
article or in the Florida Statutes. (See parks, the general contractor shall
also the definition of subcontractors.) not be required to subcontract the
(2) Building contractor requires 48 months continuation of utility lines from the
experience with a passing grade on an mains, and the continuations are to
approved test and a business and law test be considered a part of the main
and means a contractor whose services sewer collection and main water dis
are limited to construction of commercial tribution systems. However, no gen
buildings and single-dwelling or multiple- eral, building or residential contrac
dwelling residential buildings,which corn- tor state certified after 1973 shall
mercial or residential buildings do not act as, hold himself out to be, or
exceed three stories in height, and acces advertise himself to be a roofing con
sort' use structures in connection there- tractor unless he is certified or reg
with or a contractor whose services are istered as a roofing contractor.
limited to remodeling, repair, or improve- b. A general, building, or residential
ment of any size building if the services do contractor, except as otherwise pro-
not affect the structural members of the vided in this part, shall be responsi-
building. (See also the definition of sub- ble for any construction or alteration
contractor.) of a structural component of a build-
Supp.No. 26 CD22:37
§22-162 COLLIER COUNTY CODEP.")
ing or structure, and any certified specific job; and whose technical and personal
general contractor or certified under- qualifications have been determined by investiga-
ground utility and excavation con- tion and examination as provided in this part, as
tractor may perform clearing and attested by the department.
grubbing, grading, excavation, and
other site work for any construction Secondary qualifying agent means a person
project in the state. Any certified who possesses the requisite skill,knowledge, and
building contractor or certified resi- experience, and has the responsibility to super-
dential contractor may perform clear- vise, direct, manage, and control construction
ing and grubbing, grading, excava- activities on a job for which he has obtained a
tion, and other site work for any permit, and whose technical and personal quali-
construction project in this state, fications have been determined by investigation
limited to the lot on which any spe- and examination as provided in this part, as
cific building is located. attested by the department.
c. A general contractor shall not be
required to subcontract structural Specialty contractor means any person who
swimming pool work. assumes responsible charge and direction in the
performance of construction work requiring spe-
Contractor licensing supervisor means the in- cial skills, and whose principle contracting busi-
dividual who oversees contractor licensing and its ness involves the use of specialized building trades
investigations or presents complaints regarding and crafts usually a minor part of a complete
licensed contractors in Collier County, Florida. structure. Available categories of specialty con-
This individual holds office in the Building Re- tractors and their requirements are:
view and Permitting Department of the Commu-
nity Development and Environmental Services (1) Acoustical contractor requires 24 months
Division of Collier County Government. experience with a passing grade on a
business and law test and means any
Employee means any person who works for and person who is qualified to install, main-
is under the supervision and control of a licensee, tain, repair, and alter acoustical materi-
provided that said employee does not hold himself als. The scope of work permitted under
out for hire or engage in contracting except as an this classification shall include,but not be
employee. For the purposes of this article,indicia limited to, the installation of grid work
of an employment relationship shall include the used to support acoustical panels, includ-
employer's regular payment of wages and corn- ing luminous ceiling panels.
pensation, F.I.C.A. deductions, tax withholding
and provision of Workers' Compensation to the (2) Aluminum contractor, including concrete,
employee by the employer, all as prescribed by requires 24 months experience with a
law. passing grade on an approved test and a
Person means a human being or a legal busi passing grade on a business and law test
ness organization. and means those who are qualified to
fabricate, install, maintain, repair, alter,
Primary qualifying agent means a person who or extend accessories such as metal and
possesses the requisite skill, knowledge, and ex- vinyl siding, awnings, security shutters,
perience, and has the responsibility, to supervise, gutters, soffits and prefabricated rooms
direct, manage, and control the contracting activ- and portable metal or vinyl partitions.
ities of the business organization with which he is These contractors may form,place on grade
connected; who has the responsibility to super- reinforcing steel and miscellaneous steel,
vise, direct, manage, and control construction and pour, place, and finish nonstructural
activities on a job for which he has obtained the concrete on grade only, incidental to an
building permit and for financial matters,both for aluminum accessory structure and/or
the organization and in general and for each screen enclosures.
Supp.No. 26 CD22:38
BUILDINGS AND BUILDING REGULATIONS §22-162
(3) Aluminum contractor requires 24 months just, alter, extend, and design cabinets
experience with a passing grade on an and millwork.The scope of permitted work
approved test and a passing grade on a shall include,but not be limited to,kitchen
business and law test and means those cabinets,bathroom vanities,accessory cab-
who are qualified to fabricate, install, inets, counter tops, office furniture, and
maintain, repair, alter, or extend accesso- millwork items which have been manufac-
ries such as metal and vinyl siding, aw- tured for installation on job site locations.
pings, security shutters, gutters, soffits
and prefabricated rooms, screen enclo (6) Carpentry contractor requires 36 months
sures, and portable metal or vinyl parti experience with a passing grade on an
tions. approved test and a passing grade on a
business and law test and means those
(4) Alarm system contractor requires 24 who have the knowledge and skill to in-
months experience with a passing grade stall any wood and metal products includ-
on an approved test and a passing grade ing, but not limited to, rough framing,
on a business and law test and means a wood structural, wood and metal
person whose business includes the exe- nonstructural trusses, sheathing, panel-
cution of contracts requiring the ability, ing, trim, metal framing and cabinetry.
experience, science, knowledge, and skill Placement of fire safing and fire stopping
to lay out, fabricate, install, maintain, materials shall be permitted on wall, ceil-
alter, repair, monitor, inspect, replace, or ing and floor penetrations created within
service alarm systems for compensation. the scope of the work allowed by this
a. Alarm system contractor I means an section.
alarm system contractor whose busi (7) Garage door installation contractor re-
ness includes all types of alarm sys quires 12 months experience with a pass-
ing for all purposes. ing grade on a business and law test and
b. Alarm system contractor II means an means any person who is qualified to
alarm system contractor whose busi- install, repair, adjust or extend garage
ness includes all types of alarm sys- doors.
tems other than fire, for all pur-
poses. (8) Commercial cooking equipment exhaust
hood installation contractor means any
c. Alarm system means any electrical person who possesses a valid license as an
device, signaling device, or combina- air conditioning contractor, class A or B;a
tion of electrical devices used to sig- sheet metal contractor; or a mechanical
nal or detect a burglary, fire, rob- contractor; and who is qualified to install
bery, or medical emergency. exhaust hoods, duct work, replacement
d. Burglar alarm contractor means an air,exhaust fans,and grease filters.If any
alarm system contractor whose busi- hood which is to be installed includes a
ness is limited to the installation of fire suppression system, the contractor
burglar alarms in single-family homes shall be certified by the Florida State Fire
and two-family homes,mobile homes, Marshal's office.
and small commercial buildings hav-
ing a square footage of not more (9) Concrete forming and placing contractor
than 5,000 square feet. requires 36 months experience with a
passing grade on an approved test and a
(5) Cabinet installation contractor requires passing grade on a business and law test
24 months experience with passing grade and means those who are qualified to
on a business and law test and means any batch and mix aggregates, cement, and
person who is qualified to manufacture, water to agreed specifications, to con-
assemble,install,dismantle,maintain,ad- struct forms and framework for the cast-
Supp. No. 26 CD22:39
§22-162 COLLIER COUNTY CODE 'ea")
ing and shaping of concrete to place mis- business and law test and means any
cellaneous embedded steel and to pour, person who is qualified to operate hydrau-
place, and finish concrete. This category lic dredging equipment which digs and
does not include the plastering of the removes material by pump and which
interior of a pool. deposits the pumped material at a fill
(10) Concrete placing and finishing contractor location in one operation.
requires 36 months experience with a
passing grade on an approved test and a (15) Drywall contractor requires 36 months
passing grade on a business and law test experience with a passing grade on an
and means those who are qualified to approved test and a passing grade on a
pour place and finish concrete flat work business and law test and means those
(floors, slab on grade, sidewalks, etc.) in- who are qualified to install gypsum drywall
cluding placement of mesh reinforcement, products to wood and metal studs, wood
plastic vapor barriers and edge forms in- and steel joists, and metal runners in
cidental thereto. This category does not buildings of unlimited area and height.
include the plastering of the interior of a The scope of work shall include the prep
pool. aration of the surface over which the
drywall product is to be applied,including
(11) Concrete contractor(restricted to pneumat- the placing of metal studs and runners
ically placed concrete)requires 24 months and all necessary drywall preparation trim
experience with a passing grade on an and shall include the placement of fire
approved test and a passing grade on a safing and fire stopping materials as part
business and law test and means those of the overall drywall contract.
who are qualified to use and maintain
pressure equipment, mix material and (16) Hurricane shutter/awning contractor re-
apply according to building codes. quires 24 months experience with a pass-
(12) Decorative metal contractor requires 24 ing grade on an approved hurricane shut-
months experience with a passing grade ter installer test and a passing grade on a
on a business and law test and means business and law test, and means, those
those who are qualified to fabricate and who are qualified to install, maintain,
install decorative metal fixtures;such work repair or replace shutters and awnings
should be decorative in nature and that are designed to protect residential
nonstructural in function; the materials and commercial buildings from hurricane
used in the manufacturing and installa- and storm force winds and windborne
tion of said products may be of ferrous or debris all in accordance with Collier County
nonferrous materials. amendments to the Applicable Building
(13) Demolition or wrecking contractor re- Code, as amended from time to time.Any
quires 36 months experience with a pass electrical work connected with the instal-
ing grade on an approved test and a lation of the shutters or awnings must be
passing grade on a business and law test done by a licensed electrical contractor.
and means those who are qualified to Only nonstructural adjustments to exist-
demolish structures such as dwellings, ing openings may be performed as part of
commercial buildings,and foundations and the work. Contractors who hold current
to remove debris. The use of blasting and Collier County Aluminum Contractor In
explosives is not permitted under this cluding Concrete or Aluminum license on
category. the effective date of this amendment are
not required to pass this test, but must
(14) Dredging contractor requires 36 months apply for this Certificate not later than
experience with a passing grade on an one year from the effective date of this
approved test and a passing grade on a amendment.
Supp.No.26 CD22:40
BUILDINGS AND BUILDING REGULATIONS §22-162
(17) Epoxy stone contractor requires 24 months any aboveground system used for the stor-
experience with a passing grade on a ing and dispensing of gasoline, kerosene,
business and law test and means those diesel oils and similar liquid hydrocarbon
who are qualified to batch and mix aggre- fuels or mixtures(not to include pollutant
gates,epoxy,hardener,and gravel to spec- storage).
ifications,or to construct forms and frame-
work for the casting and shaping of epoxy (22) Glass and glazing contractor requires 24
and aggregate,or to pour,place and finish months experience, a passing grade on an
over concrete base. approved test and a passing grade on a
business and law test, and means those
(18) Excavation contractor requires 36 months who are qualified to select, cut, assemble,
experience and a passing grade on an and install all makes and kinds of glass
approved test and a passing grade on a and glass work, and execute the glazing
business and law test and means any frames,panels,sash and door and holding
person who is qualified to excavate to metal frames,ornamental decorations,mir-
obtain or remove materials such as rock, rors,tub,shower enclosures,and portable
gravel and sand; to construct or excavate partitions.The scope of work shall include
canals, lakes and levees, including the the installation of hurricane shutters or
cleaning of land of surface debris and devices that are integral with the window
vegetation as well as the grubbing of system.
roots; and to remove debris and level
surface land incidental and necessary (23) Insulation contractor:
thereto in compliance with all environ- a. All types except buildings - requires
mental laws, the building code, and other 36 months experience, a passing
applicable codes and regulations. Minor grade on an approved test and a
excavations,such as footings,backfill with- passing grade on a business and law
out compaction, and similar activities are test, and means those who are qual-
exempt hereunder. The use of explosives ified to install, maintain, repair, al-
is not included in this category. ter, or extend any insulation prima-
rily installed to prevent loss or gain
(19) Fence erection contractor requires 24 of heat, from internal or external
months experience and a passing grade sources on pipes, vessels, ducts, fire
on a business and law test and means any stopping materials, sprayed-on fire
person who is qualified to install, main- resistive materials,or built-up refrig-
tain or repair fencing.or decorative pre- erated boxes or rooms, and acousti-
fabricated walls on grade. cal materials.
(20) Floor coverings installation contractor re- b. Buildings-requires 24 months expe-
quires 24 months experience installing rience, a passing grade on an ap-
the specific product and a passing grade proved test and a passing grade on a
on an approved business and law test and business and law test, and means
means any person who is qualified to those who are qualified to install,
install carpet, sheet vinyl and/or all types maintain,repair,alter,or extend any
of wood flooring. This category does not insulation primarily installed to pre-
include, tile, marble, or terrazzo. vent loss or gain of heat from rooms
(21) Gasoline tank and pump contractor re or buildings.
quires 48 months experience and a pass- (24) Irrigation sprinkler contractor requires
ing grade on an approved test and a 24 months experience and a passing grade
passing grade on a business and law test on an approved test and a passing grade
and means those who are qualified to on a business and law test and means any
install, maintain, repair, alter, or extend person who is qualified to install, main-
Supp. No. 26 CD22:41
§22-162 COLLIER COUNTY CODE
tain,repair, alter or extend all piping and lifts and davits, and to do pile driving.
sprinkler heads used for irrigation,includ- Electrical service and wiring must be pro-
ing any required connections to a water vided by a licensed electrical contractor.
pump; however, such work does not in-
clude direct connection to potable water (28) Masonry contractor requires 36 months
lines. experience, a passing grade on an ap-
proved test and a passing grade on a
(25) Landscaping contractor requires 12 months business and law test and means those
experience and a passing grade on a busi- who are qualified to select, cut, and lay
ness and law test and means any person brick and concrete block or any other unit
who is qualified to install and/or remove masonry products, lay other baked clay
trees,shrubs,sod,decorative stone and/or products, rough cut and dress stone, arti-
rocks, timber and plant materials, and ficial stone and precast blocks,glass brick
concrete paving units for sidewalks, pa- or block, but who shall not pour or finish
tios and decks only, whether or not inci- concrete.
dental to landscaping, prepackaged foun- (29) Paving blocks contractor requires 24
tains, or waterfalls, provided same does months experience in the respective con-
not include connection to a sanitary sewer struction plus a passing grade on an ap-
system, portable water line, or to any proved test and a passing grade on a
electrical installation, which tasks must business and law test, and means those
be performed by tradesmen licensed in persons who are qualified to construct
the relevant trade.Landscape contractors driveways, sidewalks, patios and decks,
may contract for only removal and/or trim- using concrete paving units.
ming of trees and/or other combination of
the authorized services. (30) Painting contractor requires 24 months 1
experience, a passing grade on an ap-
All new applicants applying for landscap- proved test and a passing grade on a
ing license are required to obtain a pass- business and law test and means those
ing grade on an approved exam pertain- who are qualified to use spraying equip-
ing to pruning and safety, in addition to ment as well as hand tools to finish both
the business and law exam. exterior and interior work. A painting
(26) Liquefied petroleum gas installation con contractor may do paperhanging, sand
tractor means any person qualified and blasting, waterproofing, and may clean
licensed pursuant to F.S.ch. 527 to install and paint roofs.
apparatus, piping and tubing, and appli- (31) Paving contractor (commercial or unlim-
ances and equipment necessary for stor- ited) requires 36 months experience, a
ing and converting liquefied petroleum passing grade on an approved test and a
gas into flame for light, heat, and power. passing grade on a business and law test,
Placement of fire safing and fire stopping and means those who are qualified with
materials shall be permitted on wall, ceil- the experience and skill to construct roads,
ing and floor penetrations created within airport runways and aprons,parking lots,
the scope of the work allowed by this sidewalks,curbs and gutters,storm drain-
section. age facilities, and to perform the excavat-
(27) Marine, seawall, and dock construction ing, clearing, and grading incidental
contractor requires 36 months experience, thereto.
a passing grade on an approved test and a (32) Plastering and stucco contractor requires
passing grade on a business and law test, 36 months experience,a passing grade on
and means those who are qualified to an approved test and a passing grade on a
build and install bulkheads, revetments, business and law test, and means those /'�
docks,piers,wharves,groins,boathouses, who are qualified to coat surfaces, includ-
Supp. No. 26 CD22:42
BUILDINGS AND BUILDING REGULATIONS §22-162
ing lathing and drywall,with a mixture of tion includes a concrete base, the base
sand or other aggregate gypsum plaster, shall be limited in size to two cubic yards
Portland cement or quicklime and water, of concrete.
or any combination of such materials such
as to create a permanent surface coating. (38) Sealing and striping contractor requires
This category does not include the plas 24 months experience, a passing grade on
tering of the interior of a pool. a business and law test, and means those
who are qualified with the experience and
(33) Pollutant storage contractor means a con- skill to seal or stripe driveways, parking
tractor who installs a pollutant storage lots, sidewalks, and patios. The scope of
tank. Said contractor must have a state work shall include asphalt patching inci-
pollutant storage license.A county certif- dental to sealing up to 20 square feet per
icate of competency is not available for patch in a manner that does not use a
this category. mechanical spreader or paver.
(34) Reinforced steel contractor requires 36 (39) Exterior covering by artificial stucco sys-
months experience, a passing grade on an tern contractor, applicable to exterior insu-
approved test and a passing grade on a lation and finish systems (EIFS), exterior
business and law test, and means those one coat stucco systems, and exterior dry
who are qualified to fabricate, place, and stock block wall systems whenever the
tie steel reinforcing bars (rods) of any specific system requires its own certifica-
profile, perimeter, or cross-section, that tion (approval) of the installer. EIFS in-
are or may be used to reinforce concrete cludes, but is not limited to,the following
buildings and structures in such a man- registered trademarks/tradenames:
ner that, under all agreed specifications, SUREWALL, DRYVIT, PAREX EIFS,
steel reinforcing bars (rods) for concrete Vitricon energix, Senergy systems, TEC
buildings and structures can be fabri Ful-O-Mite systems,Pleko systems,Thoro's
cated, placed, and tied. EIFS systems, and USG EIFS. The appli-
(35) Roof coating,roof painting,and roof clean- cant must prove then current approval
ing contractor requires 24 months experi- from an authorized representative of the
ence, a passing grade on a business and specific system and must have a passing
law test, and means any person who is grade on a business and law exam.
qualified to clean, paint or coat a roof by (40) Nonelectrical sign contractor requires 24
means of pressure-operated equipment, months experience, a passing grade on a
hand application or otherwise. This cate- business and law test, and means any
gory does not include roof repair. person who is qualified to erect, install,
(36) Sandblasting contractor requires 24 repair, alter, extend or change any non-
months experience, a passing grade on a electrical sign, provided all work is per-
business and law test, and means any formed in accordance with applicable Col-
person who is qualified to operate a sand- Tier County and city ordinances. This
blasting machine. category does not include the construction
of freestanding structural signs.
(37) Satellite dish installation contractor re-
quires 24 months experience, a passing (41) Electrical sign contractor requires 24
grade on a business and law test and months experience, a passing grade on an
means any person who is qualified to approved test and a passing grade on a
erect, install, maintain, repair, alter or business and law test, and means any
design, where not prohibited by law, any person who is qualified to install, repair,
satellite dish provided all work is per- alter, manufacture, add to, or change any
formed in accordance with applicable Col- electrical wires,apparatus,raceways,con-
Tier County or city ordinances. If installa- duit or any part thereof on electrical signs
Supp.No. 26 CD22:43
§22-162 COLLIER COUNTY CODE ^
and is qualified to erect signs. Such con- (46) Tile, marble and terrazzo installation con-
tractor may contract for, and take out tractor requires 24 months experience, a
building permits for the erection of signs. passing grade on an approved test and a
The electrical service and wiring from the passing grade on a business and law test,
electrical service to the sign disconnect and means those persons who are quali-
must be supplied by a licensed electrical fled to mix, prepare, and finish terrazzo,
contractor. prepare the base, and set tile,marble and
(42) Solar heater installation contractor re- stone.
quires 24 months experience, a passing (47) Underground utility and excavation con-
grade on an approved test and a passing tractor requires 48 months experience, a
grade on a business and law test, and passing grade on an approved test and a
means those who have the knowledge to passing grade on a business and law test,
install, alter, repair, or replace any solar and means contractors whose services are
hot,water heating system for residences limited to the construction, installation,
or for residential swimming pools,includ- repair, on public or private property,
ing collectors,storage and expansion tanks, whether accomplished through open exca-
heat exchangers, piping, valves, pumps, vation or other means, including, but not
sensors and low voltage controls which limited to, directional drilling, auger bor-
connect to existing plumbing stub-outs ing, jacking and boring, trenchless tech-
and electrical disconnects. nologies, wet and dry taps, routing, and
slip lining of main sanitary sewer collec-
(43) Structural steel erection contractor re- tion systems,main water distribution sys-
quires 36 months experience, a passing tems,and storm sewer collection systems,
grade on an approved test and a passing and the continuation of utility lines from "")
grade on a business and law test, and the main systems to a point of termina-
means those who are qualified to erect tion up to and including the meter loca-
structural steel shapes and plates,includ- tion for the individual occupancy, sewer
ing such minor field fabrication as may be collection systems at property line on res-
necessary, of any profile, perimeter or idential or single-occupancy commercial
cross-section, that are or may be used as properties, or on multi-occupancy proper-
structural members for buildings and struc- ties at manhole or "wye" lateral extended
tures, and the erection of communication to an invert elevation as engineered to
towers, including riveting, welding and accommodate future building sewers,wa-
rigging, only in connection therewith. ter distribution systems, or storm sewer
(44) Structure moving contractor means per- collection systems at storm sewer strut
sons who are required to be general,build tures.These contractors may install empty
ing or residential contractors, and who underground conduits in rights-of-way,
are qualified to lift and secure structures easements, platted rights-of-way in new
and transport said structures from one site development, and sleeves for parking
site to another,whether or not such trans- lot crossings no smaller than two inches
port is across public roads, including the in diameter, provided the conduit system
proper placement of structures at a new is designed by a licensed professional en
location. gineer or by an authorized employee of a
municipality, county,or public utility, and
(45) Tile and marble installation contractor installation of such conduit shall not in-
requires 24 months experience, a passing dude installation of any conductor wiring
grade on an approved test and a passing or any connection to any energized elec-
grade on a business and law test, and trical system.An underground utility con-
means those persons who are qualified to tractor shall not install any piping that is
set tile, marble and stone. an integral part of a fire protection sys-
Supp. No. 26 CD22:44
BUILDINGS AND BUILDING REGULATIONS § 22-162
tern, as defined in F.S. § 633.021(7), be- on wall, ceiling and floor penetrations
ginning at the point where the piping is created within the scope of the work al-
used exclusively for such system. lowed by this section.
(48) Tree removal and trimming contractor re- (2) Roofing contractor requires 36 months
quires 12 months experience with a pass- experience, a passing grade on an ap-
ing grade on a business and law test and proved test and a passing grade on a
means those who are qualified to trim and business and law test and means any
remove trees and stumps. person whose services are unlimited in
All new applicants applying for tree ser the roofing trade and who has the experi-
vice license are required to obtain a pass- ence,knowledge,and skill to install,main-
ing grade on an approved exam pertained tain,repair,alter,extend,or design,when
to tree pruning and safety, in addition to not prohibited by law, and use materials
the business and law exam. and items used in the installation, main-
tenance, extension, and alteration of all
Subcontracting; subcontractors. A contractor kinds of roofing and roof waterproofing
shall subcontract the electrical,mechanical,plumb- and coating, except when coating is not
ing, roofing, sheet metal, swimming pool, and air represented to protect,repair,waterproof,
conditioning work for which a local examination stop leaks, or extend the life of the roof.
for a certificate of competency or a license is
required, unless such contractor holds a certifi (3) Mechanical contractor requires 48 months
cate of competency or license of the respective experience as a licensed journeyman or
trade category, as required by the appropriate equivalent, a passing grade on an ap
local authority. proved test and a passing grade on a
business and law test and means any
(1) Sheet metal contractor requires 24 months person whose services are unlimited in
experience and a passing grade on an the execution of contracts requiring the
approved test and a passing grade on a experience, knowledge, and skill to in-
business and law test and means any stall, maintain, repair, fabricate, alter,
person whose services are unlimited in extend, or design,when not prohibited by
the sheet metal trade and who has the law, central air conditioning, refrigera-
experience, knowledge, and skill neces- tion, heating, and ventilating systems,
sary for the manufacture, fabrication, as- including duct work in connection with a
sembling,handling,erection,installation, complete system only to the extent such
dismantling,conditioning,adjustment,in- duct work is performed by the contractor
sulation, alteration, repair, servicing, or as is necessary to make complete an air-
design, when not prohibited by law, of distribution system, boiler and unfired
ferrous or nonferrous metal work of U.S. pressure vessel systems,lift station equip-
No. 10 gauge or its equivalent or lighter ment and piping, and all appurtenances,
gauge and of other materials, including, apparatus, or equipment used in connec-
but not limited to, fiberglass, used in lieu tion therewith;and any duct cleaning and
thereof and of air-handling systems in- equipment sanitizing which requires at
cluding the setting of air-handling equip- least a partial disassembly of the system;
ment and reinforcement of same and in- and to install, maintain, repair,fabricate,
cluding the balancing of air-handling alter, extend, or design,when not prohib-
systems and any duct cleaning and equip- ited by law, piping, insulation of pipes,
ment sanitizing which requires at least a vessels and ducts, pressure and process
partial disassembly of the system. This piping,pneumatic control piping,gasoline
definition and qualifications does not in- tanks and pump installations and piping
dude roofing.Placement of fire safing and for same, standpipes, air piping, vacuum
fire stopping materials shall be permitted line piping, oxygen lines, nitrous oxide
Supp.No. 26 CD22:45
§22-162 COLLIER COUNTY CODE ^
piping,ink and chemical lines,fuel trans- control piping; to disconnect or reconnect
mission lines, and natural gas fuel lines power wiring and low voltage heating,
within buildings; to disconnect or recon- ventilating, and air conditioning control
nect power and low voltage heating, yen- wiring on the load side of an existing
tilating, and air conditioning control wir- electrical disconnect switch;and to install
ing on the load side of an existing electrical a condensate drain from an air condition-
disconnect switch;and to install a conden- ing unit to an existing safe waste or other
sate drain from an air conditioning unit to approved disposal other than a direct con-
an existing safe waste or other approved nection to a sanitary system. The scope of
disposal other than a direct connection to work for such contractor shall also in-
a sanitary system. The scope of work for dude any excavation work incidental
such contractor shall also include any thereto, but shall not include any work
excavation work incidental thereto, but such as liquefied petroleum or natural gas
shall not include any work such as lique- fuel lines within buildings, potable water
fled petroleum gas fuel lines within build- lines or connections thereto,sanitary sewer
ings, potable water lines or connections lines,swimming pool piping and filters,or
thereto, sanitary sewer lines, swimming electrical power wiring on the line side of
pool piping and filters, or electrical power the disconnect switch. Placement of fire
wiring. Placement of fire safing and fire safing and fire stopping materials shall be
stopping materials shall be permitted on permitted on wall, ceiling and floor pene-
wall, ceiling and floor penetrations cre- trations created within the scope of the
ated within the scope of the work allowed work allowed by this section.
by this section. (5) Class B Air Conditioning Contractor re-
/1")(4) Class A Air Conditioning Contractor re- quires 36 months experience as a licensed
quires 36 months experience as a licensed journeyman or equivalent with a passing
journeyman or equivalent with a passing grade on an approved test and a passing
grade on an approved test and a passing grade on a business and law test and
grade on a business and law test and means any person whose services are lim-
means any person whose services are un- ited to 25 tons of cooling and 500,000 BTU
limited in the execution of contracts re- of heating in any one system in the exe-
quiring the experience, knowledge, and cution of contracts requiring the experi-
skill to install,maintain,repair,fabricate, ence,knowledge,and skill to install,main-
alter, extend, or design, when not prohib- tain, repair, fabricate, alter, extend, or
ited by law, central air conditioning, re- design, when not prohibited by law, cen-
frigeration, heating, and ventilating sys- tral air conditioning, refrigeration, heat-
tems, including duct work in connection ing, and ventilating systems, including
with a complete system only to the extent duct work in connection with a complete
such duct work is performed by the con- system only to the extent such duct work
tractor as is necessary to make complete is performed by the contractor as is nec-
an air distribution system, boiler and essary to make complete an air distribu-
unfired pressure vessel systems and all tion system being installed under this
appurtenances, apparatus, or equipment classification; and any duct cleaning and
used in connection therewith; and any equipment sanitizing which requires at
duct cleaning and equipment sanitizing least a partial disassembly of the system;
which requires at least a partial disassem- to install, maintain, repair, fabricate, al-
bly of the system; to install, maintain, ter, extend, or design, when not prohib-
repair, fabricate, alter, extend, or design, ited by law,piping and insulation of pipes,
when not prohibited by law, piping, insu- vessels, and ducts; to disconnect or recon-
lation of pipes, vessels and ducts, pres- nect power wiring and low voltage heat-
"'""
sure and process piping, and pneumatic ing,ventilating, and air conditioning con-
Supp.
No. 26 CD22:46
BUILDINGS AND BUILDING REGULATIONS §22-162
trol wiring on the load side of an existing Municipality when that licensee complied
electrical disconnect switch;and to install with all reciprocity criteria of F.S.
a condensate drain from an air condition- § 489.1455.
ing unit to an existing safe waste or other
approved disposal other than a direct con- (8) Commercial pool/spa contractor requires
nection to a sanitary system. The scope of 36 months experience with a passing grade
work for such contractor shall also in on an approved test and a passing grade
on a business and law test and means a
dude any excavation work incidental contractor whose scope of work involves,
thereto, but shall not include any work but is not limited to, the construction,
such as liquefied petroleum or natural gas repair, and servicing of any swimming
fuel lines within buildings, potable water pool, or hot tub or spa, whether public,
lines or connections thereto,sanitary sewer private, or otherwise, regardless of use.
lines,swimming pool piping and filters,or The scope of work includes the installa-
electrical power wiring on the line side of tion, repair, or replacement of existing
the disconnect switch. Placement of fire equipment, any cleaning or equipment
safing and fire stopping materials shall be sanitizing which requires at least a par-
permitted on wall, ceiling and floor pene- tial disassembling,excluding filter changes,
trations created within the scope of the and the installation of new pool/spa equip-
work allowed by this section. ment, interior finishes, the installation of
package pool heaters, the installation of
(6) Class C Air Conditioning Contractor re- all perimeter piping and filter piping, and
quires 24 months experience as a licensed the construction of equipment rooms or
Journeyman or equivalent with a passing housing for pool/spa equipment, and also
grade on an approved test and a passing includes the scope of work of a swimming
grade on a business and law test and pool/spa servicing contractor.The scope of
means any person whose business is lim- such work does not include direct connec-
ited to the servicing of air conditioning, tions to a sanitary sewer system or to
heating, or refrigeration systems, includ- potable water lines. The installation,con-
ing duct alterations in connection with struction, modification, or replacement of
those systems he/she is servicing, which equipment permanently attached to and
may include duct cleaning and equipment associated with the pool or spa for the
sanitizing which requires at least a par- purpose of water treatment or cleaning of
tial disassembly of the system.Placement the pool or spa requires licensure; how-
of fire safing and fire stopping materials ever, the usage of such equipment for the
shall be permitted on wall, ceiling and purposes of water treatment or cleaning
floor penetrations created within the scope shall not require licensure unless the us
age involves construction, modification,
of the work allowed by this section.
or replacement of such equipment. Water
treatment that does not require such equip-
(7) Journeyman air conditioning license holder ment does not require a license. In addi-
requires four years as apprentice, a pass-
tion,a license shall not be required for the
ing grade on an approved test, and means cleaning of the pool or spa in any way that
those qualified to perform work in the air does not affect the structural integrity of
conditioning trade while employed or su- the pool or spa or its associated equip-
pervised by an air conditioning or mechan- ment.
ical contractor. This provision does not
apply to any individual who then holds a (9) Residential pool I spa contractor requires
valid, active journeyman's license in the 24 months experience with a passing grade
mechanical trade and that license was on an approved test and a passing grade
issued by any Florida County or Florida on a business and law test and means a
Supp.No. 26 CD22:47
§22-162 COLLIER COUNTY CODE
contractor whose scope of work involves, (10) Swimming pool/spa servicing/repair con-
but is not limited to, the construction, tractor requires 24 months experience with
repair, and servicing of any residential a passing grade on an approved test and a
swimming pool, or hot tub or spa, regard- passing grade on a business and law test
less of use.The scope of work includes the and means a contractor whose scope of
installation, repair, or replacement of ex- work involves, but is not limited to, the
isting equipment, any cleaning or equip- repair and servicing of any swimming
ment sanitizing which requires at least a pool, or hot tub or spa, whether public or
private, or otherwise, regardless of use.
partial disassembling, excluding filter
changes, and the installation of new pooh The scope of work includes the repair or
spa equipment, interior finishes, the in- replacement of existing equipment, any
stallation of package pool heaters, the cleaning or equipment sanitizing which
installation of all perimeter piping and requires at least a partial disassembling,
filter piping,and the construction of equip- excluding filter changes, and the installa
ment rooms or housing for pool/spa equip- tion of new pool/spa equipment, interior
refinishing, the reinstallation or addition
ment, and also includes the scope of work of pool heaters, the repair or replacement
of a swimming pool/spa servicing contrac- of all perimeter piping and filter piping,
tor. The scope of such work does not the repair of equipment rooms or housing
include direct connections to a sanitary for pool/spa equipment, and the substan-
sewer system or to potable water lines. tial or complete draining of a swimming
The installation, construction, modifica- pool, or hot tub or spa, for the purpose of
tion,or replacement of equipment perma- any repair or renovation. The scope of
nently attached to and associated with such work does not include direct connec
/1"")
the pool or spa for the purpose of water tions to a sanitary sewer system or to
treatment or cleaning of the pool or spa potable water lines. The installation, con-
requires licensure; however, the usage of struction,modification,substantial or corn-
such equipment for the purposes of water plete disassembly,or replacement of equip-
treatment or cleaning shall not require ment permanently attached to and
licensure unless the usage involves con- associated with the pool or spa for the
struction, modification, or replacement of purpose of water treatment or cleaning of
such equipment. Water treatment that the pool or spa requires licensure; how-
does not require such equipment does not ever, the usage of such equipment for the
require a license. In addition, a license purposes of water treatment or cleaning
shall not be required for the cleaning of shall not require licensure unless the us-
the pool or spa in any way that does not age involves construction, modification,
affect the structural integrity of the pool substantial or complete disassembly, or
or spa or its associated equipment. replacement of such equipment. Water
treatment that does not require such equip-
(9.1) Nonrecreational pond waterfall fountain ment does not require a license. In addi-
contractor requires 24 months experience tion,a license shall not be required for the
with a passing grade on a business and cleaning of the pool or spa in any way that
law test and means any person whose does not affect the structural integrity of
scope of work is limited to the construc- the pool or spa or its associated equip-
tion of nonrecreational ponds, waterfalls ment.
and/or fountains. However, the scope of (10.1) Swimming pool/spa servicing contrac-
such work does not include direct connec- tor requires 24 months experience with a
tions to a sanitary sewer system, potable passing grade on a business and law test
water lines, or to any electrical installa- and means any person whose scope of "I")
tion. work includes servicing or water treat-
Supp. No. 26 CD22:48
BUILDINGS AND BUILDING REGULATIONS §22-162
ment of any public or private swimming of the plumbing contractor also includes
pool, hot tub or spa, and, subject to F.S. the design, when not prohibited by law,
§487.0437, may include direct infusion of and installation, maintenance, repair, al-
chlorine gas. These contractors may dis- teration, or extensions of air-piping, vac-
assemble equipment permanently attached uum line piping, oxygen line piping, ni-
to or associated with the respective pool trous oxide piping,and all related medical
or spa for the purpose of water treatment gas systems; fire line standpipes and fire
or cleaning the pool or spa. sprinklers to the extent authorized by
applicable law; ink and chemical lines;
(11) Journeyman plumber license holder re- fuel oil and gasoline piping, except bulk
quires four years as apprentice, a passing storage plants;and pneumatic control pip-
grade on an approved test, and means ing systems, all in such a manner as to
those qualified to perform work in the comply with all plans,specifications,codes,
plumbing trades while employed or super- laws,and regulations applicable.The scope
vised by a plumbing contractor. This pro- of work of the plumbing contractor shall
vision does not apply to any individual apply to private property and public prop-
who then holds a valid,active journeyman's erty, shall include any excavation work
license in the plumbing trade and that incidental thereto, and shall include the
license was issued by any Florida County work of the specialty plumbing contractor.
or Florida Municipality when that lic- Such contractor shall subcontract, with a
ensee complied with all reciprocity crite- qualified contractor in the field con-
ria of F.S. § 489.1455. cerned, all other work incidental to the
(12) Plumbing contractor requires 24 months work but which is specified herein as
experience as a licensed journeyman or being the work of a trade other than that
equivalent with a passing grade on an of a plumbing contractor. Placement of
approved test and a passing grade on a fire safing and fire stopping materials
business and law test and means any shall be permitted on wall, ceiling and
person whose contracting business con- floor penetrations created within the scope
sists of the execution of contracts requir-
ing the experience,financial means,knowl- (13) Journeyman electrician requires four years
edge,and skill to install,maintain,repair, as an apprentice, a passing grade on an
alter, extend, or when not prohibited by approved test, and means those persons
law,design plumbing.A plumbing contrac- qualified to perform work in the electrical
tor may install, maintain, repair, alter, trades while employed or supervised by
extend, or, when not prohibited by law, an electrical contractor. This provision
design the following without obtaining does not apply to any individual who then
any additional local regulatory license, holds a valid, active journeyman's license
certificate,or registration:sanitary drain- in the electrical trade and that license
age or storm drainage facilities; venting was issued by any Florida County or Flor-
systems; public or private water supply ida Municipality when that licensee corn-
systems; septic tanks; drainage and sup- plied with all reciprocity criteria of F.S.
ply wells; swimming pool piping; irriga- § 489.5335.
tion systems; or solar heating water sys-
tems and all appurtenances, apparatus, (14) Electrical contractor requires 24 months
or equipment used in connection there- experience as a licensed Journeyman or
with, including boilers and pressure pro- equivalent with a passing grade on an
cess piping and including the installation approved test and a passing grade on a
of water, natural gas and storm and san- business and law test and means a person
itary sewer lines; and water and sewer who conducts business in the electrical
plants and substations.The scope of work trade field and who has the experience,
Supp.No. 26 CD22:49
§22-162 COLLIER COUNTY CODEtima)
knowledge, and skill to install, repair, Sec. 22-164. Penalties for violation.
alter, add to, or design, in compliance
with law,electrical wiring,fixtures,appli (a) Any person who violates this article or fails
to comply with any of its requirements shall be
antes, apparatus, raceways (including punished as provided by F.S. § 125.69. Each day
alarm system raceways if the contractor such violation continues shall be considered a
is then registered with the state),conduit,
or any part thereof,which generates,trans separate offense.
mits, transforms, or utilizes electrical en- (b) The board of county commissioners may
ergy in any form, including the electrical take any lawful action, including but not limited
installations and systems within plants to resort to equitable action, as is necessary to
and substations, all in compliance with prevent or to remedy any violation of this article.
applicable plans,specifications,codes,laws, (Ord. No. 90-105, § 6.3)
and regulations. The term means any
person, firm, or corporation that engages Sec. 22-165. The contractors'licensing board.
in the business of electrical contracting
under an express or implied contract; or (a) Composition.
that undertakes,offers to undertake,pur- (1) The contractors' licensing board, being
ports to have the capacity to undertake,or Collier County's "Local Construction Li-
submits a bid to engage in the business of censing Board",is composed of nine mem-
electrical contracting; or that does itself bers who shall be appointed by the board
or by or through others engage in the of county commissioners. A minimum of
business of electrical contracting.The term two of these members shall reside within
electrical contractor does not qualify any corporate city limits or shall be recom-
person, firm or corporation for the instal- mended to the board of county commis-
".")
lation of fire alarms which requires a sioners by the city council. The board of
separate state license. Placement of fire county commissioners may also appoint
safing and fire stopping materials shall be alternate members as it deems appropri-
permitted on wall, ceiling and floor pene- ate. Three members of the CLB shall be
trations created within the scope of the consumer representative members.No such
work allowed by this section. member shall be, or shall have ever been,
(Ord. No. 90-105, § 1.6; Ord. No. 92-61, § 1; Ord. a member or practitioner of any profes-
No. 94-34, § 1; Ord. No. 97-68, § 1, 10-28-97; Ord. sion regulated by the CLB or any profes-
No. 99-45, § 1.6-1.6.11, 6-8-99; Ord. No. 02-21, sion closely related to any such profession
§ 1(6.1), 5-14-02) regulated by the CLB. The members of
State law reference—State definitions of and classifica- the CLB who are not consumer represen-
tions for contractors,F.S. §§489.105,489.505,489.551. tative members should be either a li-
censed architect, a licensed general con-
Sec. 22-163. Scope of county responsibility. tractor, a licensed engineer, a licensed
(a) The county will provide active field super- electrical contractor, a licensed plumbing
vision within the city of licensed and unlicensed contractor, a licensed mechanical contrac-
activity through its investigation and citation tor, a licensed roofing contractor, a li-
authority. censed residential, or a licensed building
(b) The county shall be responsible for issuing contractor.Except for consumer represen
licenses in accordance with this article to autho tative members, this provision is merely
rize contractors to work within the geographic directory and failure to have members
boundaries of county and the city. The county appointed from these trades shall not be
shall collect the fees for those contractors licensed grounds for voiding or otherwise affecting
to work within the county and city. any action of the Board.
(Ord. No. 90-105, § 2.12; Ord. No. 92-61, § 2; Ord. (2) Collier County Ordinance No. 86-41, as
No. 99-45, § 2.12-2.12.1, 6-8-99) now or hereafter amended (or any ordi-
Supp. No. 26 CD22:50
BUILDINGS AND BUILDING REGULATIONS §22-165
nance that is a successor in function tractors'licensing board or shall rep-
thereto)shall be applicable to every mem- resent the county by presenting cases
ber appointed or reappointed to the CLB before the contractors'licensing board,
after the effective date of this article, but in no case shall the county attor-
except the following:each initial full-term ney or his designee serve in both
appointments of a member to the CLB capacities for the same case or at the
shall be for a term of three years. same time.
(b) Internal operating procedures. (c) Duties and powers of the contractors'licens-
(1) The contractors'licensing board shall elect ing board.
a chairperson and vice-chairperson from (1) Upon reference by the contractor licens-
its membership. ing supervisor or petition by an applicant,
(2) Meetings. the board shall have the power to deter-
mine the qualifications of applicants for
a. The contractors'licensing board shall the various categories of contractors' cer-
hold at least four meetings per year. tificates of competency as measured by
b. Upon the request of the contractor standards stated in this article.
licensing supervisor,or his designee,
or at such other times as may be (2) The board shall have the power to hold
necessary,the chairperson of the con- hearings to determine if a contractor or a
tractors' licensing board (and, in his journeyman possessing a Collier County
or city certificate of competency,or a state
absence, the vice chairperson or, in
the vice-chairperson's absence, the certified contractor doing business in Col-
temporary chairperson elected by ma- Tier County, should be disciplined pursu
jority vote of the members of the ant to division 3 of this article. It shall be
contractors'licensing board)may call the duty of the contractor licensing super-
hearings of the contractors'licensing visor to initiate disciplinary proceedings.
board. Hearings may also be called No member of the contractors' licensing
by written notice signed by at least board shall have the power to initiate
three members of the contractors' disciplinary proceedings in his/her capac-
licensing board.At any hearing, the ity as a member of the contractors'licens-
contractors' licensing board may set ing board.
a future hearing date. Minutes shall (3) The contractors'licensing board shall have
be kept of all meetings and hearings the power to adopt such policies, rules
and all meetings and proceedings and regulations as it deems necessary to
shall be open to the public. carry out the duties of the board in accor-
c. Five members shall constitute a quo- dance with the provisions and intent of
rum for any meeting, and a majority this article. Said policies, rules and regu-
vote of those present shall be re- lations, when and if reduced to writing,
quired to make any decision. shall be filed with the clerk to the board of
d. The Collier County Board of County the Collier County Board of County Com-
Commissioners shall provide such missioners.
clerical and administrative person- (4) The contractors'licensing board shall fur-
nel and legal services as may be ther have the power to:
reasonably required by the contrac-
a. Hold hearings;
tors' licensing board for the proper
performance of its duties. b. Take testimony under oath;
e. The county attorney,or his designee, c. Adopt rules and regulations for the
shall either be counsel for the con- conduct of its hearings;
Supp. No. 26 CD22:51
§22-165 COLLIER COUNTY CODEPim.)
d. Discipline contractors or journey- to display the qualifier's certificate of competency
men holding Collier County/City Cer- number and the "Doing Business As" name on all
tificates of Competency or state cer- advertising mediums used by the contractor, in-
tified contractors doing business in cluding but not limited to, contracts, brochures,
Collier County or the city pursuant business cards and vehicles used in their trade or
to division 3 of this article; business.The minimum height of each number or
e. Issue decisions,findings of fact, con- letter affixed to and displayed on vehicles shall be
clusions of law, impose disciplinary two inches.
sanctions, and issue orders to carry (Ord.No. 90-105,§ 1.5;Ord.No. 92-61,§ 1.5; Ord.
out the provisions of this article. No. 94-34, § 1)
(5) The contractors'licensing board shall also Sec. 22-168. Business and financial records.
have all other powers granted to said All contractors who operate in Collier County
board or otherwise by Florida law. shall maintain complete financial and business
(6) The contractor's licensing board shall have records for the immediately preceding three years
the power to make recommendations to at their licensed place of business. The business
the board of county commissioners regard- and financial records to be maintained shall in-
ing amendments to this article and shall dude minutes of corporate meetings, business
review amendments to the article pro- contacts, telephone records, insurance policies,
posed by county staff. letters of complaint,notices received from govern-
(Ord.No.90-105,§3;Ord.No.92-61,§3;Ord.No. ment entities, bank statements, canceled checks,
94 34, § 3; Ord. No. 95-11, § 2, 2 28 95; Ord. No. records or accounts receivable and payable,finan-
97 68, § 1, 10 28 97; Ord. No. 99-45, § 3.1-3.3.6, cial statements, loan documents, tax returns,
6-8-99; Ord. No. 02-21, § 1(3.3.4), 5-14-02) employee records and all other business and fi-
P.")
Cross reference—Boards,commissions, committees and nancial records the contractor maintains in the
authorities, §2-816 et seq. course of business. The contractor shall allow the
contracting licensing supervisor, or his designee,
Sec. 22-166. Stop work orders. access to all documents referenced in this section
upon demand and during normal business hours.
If it should become known to the contractor Copies of any documents requested by the con-
licensing supervisor that a construction project tractor licensing supervisor, or his designee shall
and/or contracting in the Collier County or the be provided by the contractor upon payment of
city is being undertaken by uncertified or reasonable reproduction costs, which shall not
nonexempt persons, the contractor licensing su- exceed the contractor's actual reproduction costs,
pervisor, or his/her designee, shall place a stop by the contractor licensing supervisor or his des-
work order on the relevant portion of said project ignee.
until such time as a certified contractor assumes (Ord. No. 94-34, § 2; Ord. No. 99-45, § 2.13,
supervision of the construction project.Any uncerti- 6-8-99)
fled and nonexempt person resuming construc-
tion prior to the removal of the stop work order by Secs. 22-169-22-180. Reserved.
the contractor licensing supervisor shall be in
violation of this article. DIVISION 2. CERTIFICATES OF
(Ord. No. 90-105, § 1.7; Ord. No. 92-61, § 1; Ord. COMPETENCY REQUIRED*
No. 99-45, § 1.7, 6-8-99)
Sec. 22-181. Required permits; exemptions.
Sec. 22-167. Contractors' identification re- (a) Unlawful to contract without a certificate of
quired on all advertising medi- competency. It shall be unlawful for any person,
ems. firm, partnership, corporation or other legal en-
All contractors licensed under the provisions of *State law reference—Local certification of building
this article shall be required to firmly affix and/or trades,F.S. §§489.131,489.537. "1")
Supp.No. 26 CD22:52
BUILDINGS AND BUILDING REGULATIONS §22-181
tity to: engage in any construction contracting tractor and providing direct,onsite super-
business, advertise or represent himself/herself vision themselves of all work not per-
or a business organization as available to engage formed by licensed contractors:
in any construction contracting business,or act in a. When building or improving farm
the capacity of a contractor or subcontractor for outbuildings or one family or two-
any of the trades listed in section 22-162, within family residences on such property
the unincorporated area of the county and the for the occupancy or use of such
incorporated area within the boundaries of the owners and not offered for sale or
City of Naples and within the city of Marco lease, or building or improving com-
Island, without having first made application for mercial buildings, at a cost not to
and having been issued a current and valid county/ exceed $75,000.00, on such property
city certificate of competency or an applicable for the occupancy or use of such
state certified license. Nothing herein shall be owners and not offered for sale or
construed to mean that there cannot be employ- lease. In an action brought under
ees in a trade who are not qualified or certified this part,proof of the sale or lease,or
within the definitions herein set forth if such offering for sale or lease, of any such
employees are employed by a licensed contractor structure by the owner-builder within
who exercises supervision and control over said one year after completion of same
employees. Indicia of an employment relationship creates a presumption that the con-
shall include the employer's regular payment of struction was undertaken for pur-
wages and compensation, FICA deductions, tax poses of sale or lease.
withholding and provision of workers' compensa-
tion to the employees, all as prescribed by law. b. When repairing or replacing wood
shakes or asphalt or fiberglass shin-
(b) Building permits. gles on one-family, two-family, or
three-family residences for the occu-
(1) No building permit shall be issued for the pancy or use of such owner or tenant
construction, alteration, or repair of any of the owner and not offered for sale
structure unless the applicant for the per- within 1 year after completion of the
mit possesses a current county/city certif-
icate of competency, an applicable state been damaged by natural causes from
certified license, or is exempt from the an event recognized as an emer
operation of this article. gency situation designated by exec-
utive order issued by the Governor
(2) It shall be unlawful for any owner-builder declaring the existence of a state of
to procure a building permit and to use emergency as a result and conse
said permit with the intent to aid or abet quence of a serious threat posed to
an unlicensed contractor to perform the the public health, safety, and prop-
ertypermitted construction, alteration, or re in this state.
pair. Such conduct shall be punishable as This subsection does not exempt any
a violation of this article and the permit person who is employed by or has a
and inspection shall be considered invalid contract with such owner and who
for that portion of the construction re- acts in the capacity of a contractor.
lated to the violation. The owner may not delegate the
owner's responsibility to directly su-
(c) Exemptions. pervise all work to any other person
unless that person is registered or
(1) Owner-builders. The provisions of this certified by the State or is licensed
Ordinance shall not apply to owners of by Collier County and the work be-
property when acting as their own con- ing performed in within the scope of
Supp. No.26 CD22:53
§22-181 COLLIER COUNTY CODEPge
that person's license. For the pur- people working on your building.It is your respon-
poses of this subsection, the term sibility to make sure that people employed by you
"owners of property" includes the have licenses required by the state law and by
owner of a mobile home situated on a county or municipal licensing ordinances. You
leased lot. To qualify for exemption may not delegate the responsibility for supervis-
under this subsection,an owner must ing work to a licensed contractor who is not
personally appear and sign the build- licensed to perform the work being done. Any
ing permit application and must sat- person working on your building who is not li-
isfy local permitting agency require- censed must work under your direct supervision
ments,if any,proving that the owner and must be employed by you, which means that
has a complete understanding of the you must deduct F.I.C.A.and withholding tax and
owner's obligations under the law as provide workers'compensation for that employee,
specified in the disclosure statement all as prescribed by law. Your construction must
in this section. If any person violates comply with all applicable laws,ordinances,build-
the requirements of this subsection, ing codes, and zoning regulations:
the local permitting agency shall with- An owner-builder will be issued a maximum of
hold final approval, revoke the per- one (1) owner-builder permit for the construction
mit, or pursue any action or remedy of a one-family or two-family home in any three
for unlicensed activity against the (3) year period.An owner-builder applying for or
owner and any person performing receiving more than one Building Permit for the
work that requires licensure under construction of a one-family or two-family home
the permit issued. The local permit- in any three (3) year period shall be prima facie
ting agency shall provide the person evidence of building/contracting without a license
with a disclosure statement in sub- which is a violation of this ordinance.
stantially the following form:
(2) Public works. The provisions of this Ordi-
Disclosure nance shall not apply to: an authorized
Statement employee of the United States, this state,
or any municipality,county,irrigation dis-
State law requires construction to be done by trict, reclamation district, or any other
licensed contractors. You have applied for a per- municipal or political subdivision, except
mit under an exemption to that law. The exemp-
tion allows you, as the owner of your property, to trustees,and community college boards of
act as your own contractor with certain restric trustees,unless for the purpose of perform-
tions even though you do not have a license. You ing routine maintenance or repair or con
must provide direct, onsite supervision of the struction not exceeding $200,000.00 to
construction yourself.You may build or improve a existing installations,if the employee does
one-family or two-family residence or a farm not hold himself or herself out for hire or
outbuilding. You may also build or improve a otherwise engage in contracting except in
commercial building, provided your costs do not accordance with his or her employment.If
exceed$75,000.00.The building or residence must the construction, remodeling, or improve-
be for your own use or occupancy. It may not be ment exceeds $200,000.00, school boards,
built or substantially improved for sale or lease.If state university boards of trustees, and
you sell or lease a building you have built or community college boards of trustees shall
substantially improved yourself within one year not divide the project into separate corn-
after the construction is complete, the law will ponents for the purpose of evading this
presume that you built or substantially improved section.
it for sale or lease, which is a violation of this (3) Persons holding current state certified cer-
exemption. You may not hire an unlicensed per- tificates of competency. Any person hold-
son to act as your contractor or to supervise ing a current state certified certificate of
Supp.No. 26 CD22:54
BUILDINGS AND BUILDING REGULATIONS §22-182
competency is exempt from obtaining a ule of fees and charges for applications for
county/city certificate of competency for certificates of competency, renewals, late
that trade for which he is certified by the fees and other charges, if applicable, per-
state, unless a local license is also re- taining to this article. It is the intent of
quired. Such person is required to possess these regulations that the county shall
a current occupational license issued by not be required to bear any part of the
the county tax collector, and his perfor- cost of applications made under this divi-
mance as a contractor shall be subject to sion. The schedule of fees and charges
all other requirements of this article not shall be posted in the office of the building
in conflict with applicable state law. review and permitting department of the
(Ord. No. 90-105, §§ 1.1-1.3; Ord. No. 92-61, § 1; community development and environmen-
Ord. No. 94-34, § 1; Ord. No. 99-45, § 1.1-1.3.3, tal services division of Collier County gov-
6-8-99; Ord. No. 02-21, § 1(1.3.1), 5-14-02; Ord. ernment and the city's building and zon-
No. 2006-46, § 1(1.3.1, 1.3.2)) ing division (department), and the
resolution establishing such fees shall be
Sec. 22-182. Applications—General. on file with the city's clerk and the clerk
to the board. The schedule of fees and
(a) Generally. Any person or business organi-
charges may be changed in accordance
zation desiring to obtain a certificate of compe- with standard resolution adoption and
tency shall make application under oath for such amendment procedures of the board of
certificate and shall submit such information as is county commissioners and repeal or
required by this division. amendment of the schedule shall not be
(1) Should the applicant be a business orga- subject to the procedure otherwise neces-
nization,the application shall be executed sary for amendment of this division. Cur-
by a legally authorized and empowered rent fees and charges are set forth in
representative of the business organiza Resolution No.87-108 and shall remain in
tion who shall show his authority to so act effect until said resolution is amended or
on the application. In addition, the appli- superseded.
cation shall name a qualifying agent au- (b) Individual. Any person desiring a certifi-
thorized to act on behalf of the firm in all cate of competency shall submit the following
subsequent proceedings, showing his au information on forms provided by the county
thority: contractor licensing supervisor:
a. To act for the firm in all matters and
in any manner connected with the (1) Name of applicant, date of birth, Social
contracting business; and Security Number and driver's license num-
ber;
b. To supervise the construction under
the certificate of competency issued (2) Home address and telephone number;
to the applicant. (3) Business address and telephone number.
(2) A qualifying agent may qualify no more A contractor is required to maintain an
than one firm, practicing the same trade, office in Collier County or have an agent
without prior approval of the contractors' in Collier County for purposes of receiving
licensing board, and in no event more notices pursuant to this article.
than two firms at the same time. (4) Name of applicant's business;
(3) No application shall be considered unless (5) Applicant's proposed contracting busi-
the applicant supplies all information as ness;
required by this division.
(6) If applicable, verification that applicant
(4) The board of county commissioners shall has properly registered under the ficti-
establish and adopt,by resolution,a sched- tious name statutes;
Supp. No. 26 CD22:54.1
§22-182 COLLIER COUNTY CODE /1
(7) Type of certificate of competency for which (c) Business organizations. If the applicant pro-
application is being made; poses to engage in contracting as a partnership,
corporation, business trust, or other legal entity,
(8) A complete list of all outstanding debts the applicant shall apply through a qualifying
related to the applicant's contracting busi- agent and comply with all requirements and
ness which the applicant has not paid or responsibilities contained in F.S. §§ 489.119 and
refuses to pay and a statement of the 489.1195. Any business organization desiring a
reasons for nonpayment; certificate of competency in Collier County shall
(9) Names and telephone numbers of two submit the following information on forms pro-
persons who will always know the vided by the Collier County Contractor Licensing
applicant's whereabouts; Supervisor.
(1) Business organization name;
(10) A statement whether the applicant has
ever been convicted of a crime related to (2) Business address and telephone number.
contracting and any crime of moral turpi A business organization must have an
tude; office in Collier County or have an agent
in Collier County for purposes of receiving
(11) Applicant's business or work experience notices pursuant to this article.
during the past ten years;
(3) Qualifying agent;
(12) Any formal training in the area of compe- (4) Proposed contracting business;
tency for which application is made;
(5) Type of certificate of competency for which
(13) In addition to the aforementioned infor application is made;
mation, the applicant shall attach or sub- (6) Names and addresses of all partners, di-
mit the following information: rectors and officers;
a. A credit report compiled by a nation- (7) Where applicable,a copy of a certificate of
ally recognized credit agency that incorporation or proof of recorded ficti-
reflects the financial responsibility tious name;
of the applicant; (8) A list of all contracting businesses owned
b. Affidavits as to the applicant's hon- by the business organization during the
esty,integrity,good business reputa- five years;
tion and competence in the trade (9) A credit report from a nationally recog-
category for which application for a nized credit agency if the business orga-
Collier County or city's certificate of nization has been in existence for more
competency has been made. Said af- than one year. If the business organiza-
fidavits shall be in substantially the tion has been in existence for less than
form issued by the county contractor one year,a credit report on every business
licensing supervisor or his/her desig- organization in which the applicant/qual-
nee; ifier was an agent is required.If neither of
c. Scores on the examination applica the above is applicable a personal credit
ble to the license applied for, includ-
ing the area of competency tested, quired.
the date of testing and the place of (10) A complete list of all outstanding debts
testing. Said examination shall have related to the business organization's con-
been administered by a testing agency tracting business which the business or-
recognized and approved throughout ganization has not paid or refuses to pay
the State of Florida as provided for and a statement of the reasons for non-
in section 22-185. payment;
Supp. No. 26 CD22:54.2
BUILDINGS AND BUILDING REGULATIONS §22-182
(11) The signature of an authorized officer of the authority to supervise construc-
the business organization; tion undertaken by such business
(12) Qualifier information: organization. Proof that a qualifying
agent is legally qualified to act for
a. The name of the qualifying agent the business organization includes,
and date of birth; but is not limited to, authority to
b. The name of the business organiza- sign checks for the business organi-
tion to be qualified; zation, training and supervision of
c. Type of certificate of competency for employees, hiring and firing of em
which application is made; ployees or other actions indicating
active involvement in the business
d. The home address of the qualifying organization.
agent;
e. The names and telephone numbers (d) Master or journeyman applications. Appli-
of two persons who will always know cations for a certificate of competency as a master
the qualifying agent's whereabouts; or journeyman shall contain the following infor-
mation:
f. Scores on any approved examina-
tion; including the area of compe- (1) The name of the applicant and date of
tency tested, the date of testing and birth;
the place of testing;
(2) Home address and telephone number;
g. Affidavits as to the qualifier's hon-
esty,integrity,good business reputa- (3) Business address and telephone number;
tion and competence in the trade
category for which application for a (4) Type of certificate of competency for which
�./ Collier County or city certificate of application is being made;
competency has been made; (5) The names and telephone numbers of two
h. A statement as to whether the qual- persons who will always know the
ifying agent has ever been convicted applicant's whereabouts;
of a crime related to contracting and
any crime of moral turpitude; (6) Scores on any approved examination, in-
cluding the area of competency tested,the
i. A complete list of all outstanding date of testing and the place of testing.
debts related to the qualifying agent's
contracting business which the qual- (7) A statement of the applicant's business or
ifying agent has not paid or refuses work experience during the past ten years;
to pay and a statement of the rea-
sons for nonpayment; (8) A statement of any formal training in the
trade categories for which application is
j. A statement of the qualifying agent's made for a competency card.
business and work experience dur-
ing the previous five years; (e) Additional requirements. In addition to the
k. A statement of any formal training foregoing requirements,each applicant shall sub-
mit the following information as a prerequisite to
possessed by the qualifying agent in
the trade category for which applica the issuance of a county competency card:
tion is made for a competency card; (1) The applicant's state registration number
1. Proof that the qualifying agent is or a statement that the applicant has
legally qualified to act for the busi- made application for a state registration
ness organization in all matters con- number (anyone not required to have a
nected with its contracting business state registration number by F.S. ch. 489
and that said qualifying agent has is exempted from this subsection);
Supp.No. 26 CD22:54.3
§22-182 COLLIER COUNTY CODEtimill)
(2) The applicants' individual or business an apprenticeship program registered with
organization's United States Internal Rev- the department of labor and employment
enue Tax number; security and demonstrates four years ver-
(3) Proof of insurance as required by section ifiable practical experience in those par
22-187; ticular trades, or demonstrates six years
verifiable practical experience in those
(4) A statement that the applicant has or will particular trades,except as may be autho-
comply with all workers' compensation rized by apprentice programs approved by
laws of the State of Florida prior to con- the bureau of apprenticeship training, di-
tracting in the City of Naples and in vision of labor, employment and training
Collier County; of the department of labor and employ-
(5) Where applicable, a statement that the ment security, which are hereby incorpo-
applicant has registered his fictitious name rated by reference as the required appren-
with the Florida Department of State, tice experience.
Fictitious Name Filing Section, as re-
quired by F.S. § 865.09; (b) To determine if the applicant possesses the
(6) When a certificate of competency is issued experience required by this section,the contractor
in the name of a business organization, licensing supervisor or his/her designee shall con-
the certificate shall be in the name of the sider the following forms of proof of experience:
business organization and the name of (1) Affidavits from former employers with
the qualifying agent shall be noted thereon. specifics as to the number of years of
The requirements of this section shall be
deemed to be a portion of the application experience,work performed and any other /um')
and any false statement made by an ap relevant information;
plicant as to information required by this
section shall be grounds for discipline as (2) Copies of other certificates of competency,
p if any, held by the applicant in other
provided for in section 22-202 of this arti- counties or cities;
cle.
(Ord. No. 90-105, §§ 2.1-2.4, 2.5.4; Ord. No. (3) Affidavits from any building director in
92-61, §2; Ord.No.94-34, §2;Ord.No.95-11,§ 1, locations where the applicant has worked;
2-28-95; Ord. No. 97-68, § 1, 10-28-97; Ord. No.
99-45, § 2.1-2.4, 6-8-99; Ord. No. 2002-21, (4) Affidavits from any union organization of
§§ 1(2.1-2.4), 5-14-02; Ord. No. 2006-46, which the applicant has been a member
§ 1(2.5.4.6), 10-10-06) relating to the trade for which the appli-
cant has made application;
Sec. 22-183. Experience requirements.
(5) Affidavits from any other source within
(a) As a prerequisite to, and as a requirement the trade applied for.
for, the issuance of a Collier County or city certif-
icate of competency, an applicant shall submit (c) Education at an accredited school may be
satisfactory evidence of experience in the trade presented to satisfy a portion of the experience
for which he/she desires certification. requirements of this section.Specifically,each full
(1) Contractors' experience shall be in that year of school-level work in the trade for which
particular trade,with at least one year of application is made shall be credited to the appli-
said experience being as a supervisor. cant as 0.75 years experience, but such credit
(2) Masters' experience shall be as journey- shall be for no more than one-half of the total
experience required by this section.
men.
(Ord. No. 90-105, § 1.8; Ord. No. 92-61, § 1; Ord.
(3) Journeymen's experience shall be as ap- No. 94-34, § 1; Ord. No. 97-68, § 1, 10-28-97; Ord.
prentices or trainees, having completed No. 99-45, § 1.8-1.8.2, 6-8-99) 1
Supp.No. 26 CD22:54.4
BUILDINGS AND BUILDING REGULATIONS §22-184.1
Sec. 22-184. Standards for the issuance or refer the application to the contractors' licensing
denial of a certificate of compe- board for a decision regarding approval or denial
tency. of the application.
(a) Contractors. The contractor licensing super (c) When an application is referred to the con-
visor or his designee, shall issue a certificate of tractors' licensing board, the board shall take
competency to the applicant if it appears, on the testimony from the applicant and shall consider
face of the application, as submitted by the appli- other relevant evidence regarding whether the
cant, that: application meets the requirements of this divi-
(1) The application is complete in accordance sion. Upon the evidence presented by the appli-
with the requirements of this division; cant and the contractor licensing supervisor, the
(2) The applicant possesses the experience contractors' licensing board shall determine
required by sections 22-162 and 22-183; whether the applicant is qualified or unqualified
for the trade in which application has been made.
(3) The credit report submitted indicates no Findings of fact and conclusions of law regarding
facts and circumstances which show a the approval or denial of the application shall be
failure to pay contracting related bills made by the contractors' licensing board. The
promptly; board may consider the applicant's relevant re-
(4) The applicant or qualifier meets the re- cent experience in the specific trade and based
quirements for financial responsibility set upon such experience may waive testing require-
forth in Rules 61G4-15.005 and 61G4- ments if convinced that the applicant is qualified
15.006, Florida Administrative Code, as by experience whereby such competency testing
they may be amended from time to time; would be superfluous.
(5) The applicant meets one of the following (1) If the Contractors'Licensing Board deter-
mines mines that an applicant is qualified for a
a. The applicant has taken and passed particular type of Certificate of Compe-
an examination approved and recog- a competency card shall be issued
nized throughout the state, as pro- by the Contractor Licensing Supervisor or
vided for in section 22-185, for the his/her designee.
area of competency for which appli- (Ord. No. 90-105, §§ 2.5.1-2.5.3; Ord. No. 92-61,
cation has been made; or § 2; Ord. No. 94-34, § 2; Ord. No. 97-68, § 1,
10-28-97; Ord. No. 99-45, § 2.5-2.5.3.1, 6-8-99)
b. The applicant meets all licensing
requirements provided for by this
division; Sec. 22-184.1. Additional requirements.
(6) All required affidavits have been submit- In addition to the foregoing requirements,each
ted; applicant shall submit the following information
(7) All required fees have been paid; as a prerequisite to the issuance of a Collier
County competency card:
(8) The applicant possesses a current county
occupational license; and (1) The applicant's state registration number
(9) The applicant or the qualifying agent is at or a statement that the applicant has
least 18 years of age. made application for a state registration
number (anyone not required to have a
(b) Referral of application to contractor's licens- state registration number by F.S. ch. 489,
ing board for decision. If it does not appear on the is exempted from this subsection);
face of the application that the applicant has
complied with the requirements of this article so (2) The applicants' individual or business
as to be eligible for a certificate of competency, organization's United States Internal Rev-
L...., then the contractor licensing supervisor shall enue Tax Number;
Supp. No.26 CD22:54.5
§22-184.1 COLLIER COUNTY CODEP"'")
(3) Proof of insurance as required by section relevant examination was taken and passed within
22-187 of this section. three years of the date of receipt of the new
application, pursuant to F.S. ch. 489.
(4) A statement that the applicant has or will
comply with all workers' compensation (Ord. No. 90-105, § 2.7; Ord. No. 92-61, § 2; Ord.
No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 2.7,
laws of the State of Florida prior to con- 6-8-99; Ord. No. 2006-46, § 2.7, 10-10-06)
tracting in the city and in Collier County;
(5) Where applicable, a statement that the Sec. 22-187. Insurance.
applicant has registered his fictitious name
with the Florida Department of State, All licensed contractors shall maintain liability
Fictitious Name Filing Section, as re- and other categories of insurance, as required by
quired by F.S. § 865.09; Florida law, at all times. Such insurance shall be
with an insurance company authorized to do
(6) When a certificate of competency is issued business in the State of Florida. The minimum
in the name of a business organization, limits of liability insurance required shall be not
the certificate shall be in the name of the less than $100,000.00 for bodily injury and
business organization and the name of $25,000.00 for property damage or any higher
the qualifying agent shall be noted thereon. minimums as required by Florida law.All licensed
The requirements of this section shall be contractors shall maintain applicable Workers'
deemed to be a portion of the application Compensation insurance as required by Florida
and any false statement made by an ap- law and/or federal law, including, but not limited
plicant as to information required by this to, the provisions of the Federal Employers' Lia-
section shall be grounds for discipline as bility Act,the Longshoremen's&Harbor Workers' ^
provided for in section 22-203. Compensation Act, the Defense Base Act, or the \r
(Ord. No. 99-45, § 2.5.4-2.5.4.6, 6-8-99) Jones' Act.
(Ord. No. 90-105, § 2.8; Ord. No. 92-61, § 2; Ord.
Sec. 22-185. Approved examiners. No. 99-45, § 2.8, 6-8-99; Ord. No. 2006-46, § 2.8,
10-10-06)
The approved examiners for the purpose of
administering proctored exams as required by Sec. 22-188. Dormant status.
this Ordinance are any testing agency with test-
ing standards recognized and approved through- (a) Any person or firm that holds a valid Col-
out the State of Florida and also approved by the Tier County/City Certificate of Competency may
Collier County Contractors' Licensing Board. place the Certificate of Competency on dormant
(Ord. No. 90-105, § 2.6; Ord. No. 92-61, § 2; Ord. status during which time said person or firm/
No.99-45,§2.6,6-8-99;Ord.No.2002-21,§ 1(2.6), entity shall not engage in contracting in Collier
5-14-02; Ord. No. 06-46, § 1(2.6), 10-10-06) County, but may retain the certificate on a dor-
mant status basis provided timely payment is
Sec. 22-186. Examinations. made of an annual renewal fee as set forth in
subsection 22-182(a)(4) and applicable resolu-
A minimum passing grade of 75% shall be tions enacted by the Collier County Board of
required on all examinations.Examinations shall County Commissioners.
be specific to the trade category for which appli-
cation for a certificate of competency has been (b) Persons or business organizations desiring
made. Said examinations shall be proctored and to renew dormant certificate may do so by coin-
graded by a testing agency meeting all the re- plying with the requirements of section 22-191
quirements of section 22-185. When a certificate relating to renewals.
of competency becomes void pursuant to section (Ord. No. 90-105, § 2.9; Ord. No. 92-61, § 2; Ord.
22-191 herein, all previous examination scores No.94-34,§2;Ord.No.99-45,§2.9-2.9.2,6-8-99;
shall be disregarded except when the most recent Ord. No. 2006-46, §§ 2.9-2.9.2, 10-10-06)
Supp.No.26 CD22:54.6
BUILDINGS AND BUILDING REGULATIONS §22-191
Sec. 22-189. Restricted certificates of com- have been predetermined by the contrac-
petency. tors' licensing board to be substantially
comparable to the Collier County require-
The contractors' licensing supervisor or desig- ments.
nee may issue a restricted certificate of compe- (Ord. No. 90-105, § 2.11; Ord. No. 92-61, § 2; Ord.
tency to an applicant for a certificate in a partic- No. 99-45, § 2.11-2.11.2, 6-8-99; Ord. No. 2002-
ular trade,which certificate is restricted to certain 21, § 1(2.11), 5-14-02; Ord. No. 06-46, § 1(2.11.2))
aspects of that trade where the applicant has
satisfactorily demonstrated that he/she is quali-
fied under this article in certain aspects of that Sec. 22-191. Renewal of certificates of com-
trade, but lacks the required experience in other petency.
aspect(s)of that trade. For example, an applicant
for a certificate as a floor covering installation (a) Certificates of competency shall expire an-
contractor may have the required experience in nually at midnight on September 30th of each
laying carpets and/or tiles, but not wood flooring. year.
Each staff level decision to restrict a certificate
shall be final unless reversed or modified by the (b) The contractor licensing supervisor shall
CLB upon appeal by the certificate holder. direct the mailing of renewal notices to all li
(Ord. No. 90-105, §2.10; Ord.No. 92-61, § 2; Ord. censed contractors at least one month prior to the
No. 99-45, § 2.10, 6-8-99) expiration date of the licenses.
Sec. (c) Applicants for renewal must present the
22-190. Emergency restricted certifi-
contractor licensing supervisor or his/her desig-
cates of competency. nee with the following:
In the event of a declaration of a state of
emergency in Collier County by the Collier County (1) Evidence of insurance as required by this
Board of County Commissioners or in the City by article.
the City Council, in which substantial damage (2) A current Collier County and/or city occu-
has occurred to buildings and structures so as to pational license, as applicable.
cause a shortage of available persons and firms/
entities in the contracting trades for which there (d) Any individual or business organization
are Collier County/City Certificates of Compe- failing to renew his or its certificate of compe-
tency, the Contractors' Licensing Board is hereby tency prior to midnight on September 30th of each
authorized to: year shall have until midnight December 31st of
(1) Declare an emergency contracting trade the same year to renew his or its certificate of
shortage of designated categories of con- competency;provided however,that in addition to
tractors and/or subcontractors listed in payment of the standard renewal fee as required
this article.This declaration shall be for a by this article, the applicant shall be charged a
period of time not to exceed six months. late fee in accordance with the schedule of fees
and charges adopted by resolution pursuant to
(2) Authorize the contractor licensing super- subsection 22-182(a)(4).
visor to prepare and regulate the selection
of contractors and/or sub-contractors from (e) Should September 30th or December 31st
other jurisdictions whose licensing require- be a Saturday, Sunday, or legal holiday, the re-
ments are substantially comparable to newal period shall not expire until midnight of
those licensed in Collier County and issue the next working day.
temporary licenses to those contractors
for a period of time not to exceed the (f) Any individual failing to renew his certifi-
declaration of emergency.The contractors cate of competency prior to December 31st shall
selected must be licensed in jurisdictions be required to make reapplication pursuant to
whose testing and licensing requirements this division.
Supp.No.26 CD22:54.7
§22-191 COLLIER COUNTY CODE /Th
(g) Any individual who fails to renew his/her DIVISION 3. STANDARDS OF CONDUCT
certificate of competency prior to December 31 of AND DISCIPLINE*
the year in which it expires shall have a delin-
quent certificate of competency. Sec. 22-201. Misconduct—Collier County/city
(h) Any individual who renews his/her certifi certificate of competency.
cate of competency by September 30 of the year The following actions by a holder of a Collier
following its expiration, but after December 31 of County/City Certificate of Competency shall con-
that year, shall have a suspended certificate and stitute misconduct and grounds for discipline
thereby must pay an additional late fee in accor-
dance with the schedule of fees and charges pursuant to section 22-202:
adopted by resolution pursuant to section 22-185 (1) Knowingly combining or conspiring with
herein, and must reapply in full including up- an unlicensed contractor by allowing one's
dated credit reports and all other documentation Certificate of Competency to be used by
required in Division 2 herein, but no re-testing an unlicensed contractor with intent to
shall be required. evade the provisions of this Ordinance.
(i) Any individual who fails to renew his/her When a licensed contractor acts as the
certificate of competency prior to December 31 of qualifying agent for any firm without first
the year following its expiration shall thereby making application under this Ordinance
automatically have a certificate of competency to represent said firm, such act shall
that is null and void.To acquire a valid certificate constitute prima facie evidence of intent
from the county the individual must pay the then to evade the provisions of this Ordinance.
applicable full application fee in accordance with When a certificate holder allows his cer
tificate to be used by one or more compa /'"
the schedule of fees and charges adopted by nies without having any active participa-
resolution 1
pursuant to subsection 22-182(a)(4) tion in the operations, management, and
herein, and must submit an entire new applica-
tion. If, as of the date of receipt by the county of control of such companies, such act con
said new application, three years have passed stitutes prima facie evidence of an intent
since the date of his/her most recent examination to evade the provisions of this Ordinance.
that the individual passed to acquire the former Active participation requires job site su
certificate, that individual must pass all then pervision, knowledge of and participation
applicable testing requirements. If the request is in the business operations of the
to reactivate a dormant certificate, the re-testing company(s),including all contractual mat
requirement can be waived by staff if the appli- ters.
cant proves that he/she has been active in the a. If any individual qualifying any busi-
trade in another jurisdiction, or has been active ness organization ceases to be affili-
as an inspector or investigator in the trade, or for ated with such business organiza-
other valid reason that would render such re- tion,he shall so inform the Board. In
testing superfluous. addition if such individual is the
(Ord. No. 90-105, § 1.4; Ord. No. 92-61, § 1; Ord. only certified individual affiliated with
No. 94-34, § 1; Ord. No. 97-68, § 1, 10-28-97; Ord. the business organization, the busi-
No. 99-45, § 1.4-1.4.9, 6-8-99) ness organization shall notify the
Board of the individual's termina-
Secs. 22-192-22-200. Reserved. tion and shall have no more than
sixty (60) days from the date of ter-
mination of the individual's affilia-
tion with the business organization
in which to affiliate with another
*State law reference—Discipline of contractors, F.S.
§§489.129,489.533.
Supp. No. 26 CD22:54.8
BUILDINGS AND BUILDING REGULATIONS §22-201
person certified under the provisions nancial mismanagement or misconduct
of this article. In any event, the includes, but is not limited to, any of the
business organization shall not en- following:
ter into any new contracts and may a. The contractor fails to fulfill his/her
not engage in any new contracting contractual obligations to a cus-
until such time as a qualifying agent tomer because of inability,refusal or
is employed. neglect to pay all creditors for mate-
(2) Contracting to do any work outside of the rial furnished or work or services
scope of his/her competency as listed on performed in the operation of the
his/her competency card and as defined in business for which he/she is licensed,
this Ordinance or as restricted by the under any of the following circum-
Contractors' Licensing Board. stances:
(3) Abandoning a construction project in which 1. Valid liens have been recorded
he/she is engaged or under contract as a against the property of a
contractor. A project may be presumed contractor's customer for sup
abandoned if the contractor terminates plies or services ordered by the
the project without just cause, or fails to contractor for the customer's
notify the owner in writing of termination job; the contractor has received
of the contract and basis for same,or fails funds from the customer to pay
to perform work for ninety (90) consecu for the supplies or services;and
tive days without just cause and no said the contractor has not had the
notice to the owner. liens removed from the prop-
erty, by payment or by bond,
(4) Diverting funds or property received for within 30 days after the date of
the execution of a specific contract project such liens;
or operation or diverting funds earmarked 2. The contractor has abandoned
for a specified purpose to any other use a customer's job and the per-
whatsoever. centage of completion is less
(5) Departing from or disregarding in any than the percentage of the total
material respect the plans or specifica contract price paid to the con-
tions of a construction job without the tractor as of the time of aban
consent of the owner or his duly autho donment, unless the contractor
rized representative. is entitled to retain such funds
under the terms of the contract
(6) Disregards or violates,in the performance or refunds the excess funds
of his contracting business in Collier within 30 days after the date
County,any of the building,safety,health, the job is abandoned;
insurance or Workers'Compensation laws 3. The contractor's job has been
of the State of Florida or ordinances of completed,and it is shown that
this County. the customer has had to pay
(7) Falsifying or misrepresenting any mate- more for the contracted job than
rial fact in his application and supporting the original contract price, as
papers for the purpose of obtaining a adjusted for subsequent change
Certificate of Competency under this Or orders, unless such increase in
dinance. cost was the result of circum-
stances beyond the control of
(8) Committing mismanagement or miscon- the contractor,was the result of
duct in the practice of contracting that circumstances caused by the
causes financial harm to a customer. Fi- customer,or was otherwise per-
Supp.No. 26 CD22:54.9
§22-201 COLLIER COUNTY CODE
mitted by the terms of the con- (13) Failing to maintain a current mailing
tract between the contractor and address.
the customer.
b. The contractor's job been completed, (14) Failing to appear in person or through a
duly authorized representative at any
and it is shown that the customer scheduled hearing on a complaint filed
has incurred financial harm by hav- against the contractor.
ing to seek a variance or other ad-
ministrative remedy because of ac- (15) Being convicted or found guilty, regard-
tions by the contractor. less of adjudication, of a crime in Collier
(9) Performing any act which assists a person County which directly relates to the prat
or entity in engaging in the prohibited tice of contracting or the ability to prat
unlicensed practice of contracting, if the tice contracting.
licensed contractor knows or should have (16) Allowing another to take a qualifying ex-
known that the person or entity was un- amination on the applicant's behalf.
licensed.
(10) Failing to promptly correct faulty work- (17) Engaging in contracting business in Col
manship or promptly replace faulty mate-
'Her County or the City when prohibited
rials installed contrary to the provisions from doing so by the ContractorsLicens-
of the construction contract. Faulty ing Board of Collier County.
work-
manship means work that is not com- (18) Proceeding on any job without obtaining
menced, not continued, or not completed applicable permits or inspections from the
in accordance with all specifications of the City building and zoning division or the
1
applicable written agreement.Faulty work- county building review and permitting
manship includes any material flaw(s) in department.
the quality and/or quantity of the unfin-
ished or finished work product, including (19) Failing in any material respect to comply
any item that does not function properly with the provisions of this Ordinance as a
as a part of the entire project. If there is contractor or as a qualifying agent for a
no written agreement provision regarding business entity engaging in contracting.
the specific faulty workmanship issue,
faulty workmanship exists if the work, (20) Signing a statement with respect to a
process, product or part thereof does not project or contract falsely indicating that
meet generally accepted standards in Col- the work is bonded;falsely indicating that
Her County in relation to the entire project. payment has been made for subcontracted
Faulty workmanship does not include mat- work, labor, or materials which results in
ters of esthetics unless the esthetically a financial loss to the owner,purchaser,or
related item clearly violates a written contractor;or falsely indicating that Work-
contract specification directly related ers' Compensation and public liability in-
thereto. surance are provided.
(11) Failure to maintain at all times, with an (21) Failure of a qualifying agent for a firm/
insurance company authorized to do busi- legal business entity to comply with the
ness in the State of Florida, the limits of requirements set forth in F.S. §§ 489.119
liability and other categories of insurance and 489.1195.
as required by this Ordinance.
(22) Falsifying or misrepresenting any mate-
(12) Failing to claim or refusing to accept rial fact to another person with the intent
certified mail directed to the contractor by or for the purpose of engaging in the
the Contractors' Licensing Board, or its contracting business, providing materials /'"."
designee. or services, or soliciting business for an l
Supp.No. 26 CD22:54.10
BUILDINGS AND BUILDING REGULATIONS §22-202
employer, as a contractor, or as an em- Sec. 22-202. Disciplinary proceedings.
ployee,regardless of any financial consid-
eration. (a) There are three categories of violations: (i)
Violations of F.S. § 489.127(1), and/or Section 1.1
(23) Failing or refusing to provide proof of of this Ordinance (§ 22-101), as amended; (ii)
public liability and property damage in- Violations of F.S. § 489.132(1); and (iii) other
surance coverage and workers compensa- violations within the jurisdiction of the Contrac-
tion insurance coverage. tor's Licensing Board.
(24) Misconduct in the practice of contracting (1) Florida Statutes §489.127(1), is incorpo
(see section 22-201.1, below). rated herein. (Lack of required license,
certificate, or registration). The following
(Ord. No. 90 105, § 4.1; Ord. No. 92-61, § 4; Ord. are designated to enforce F.S.§489.127(1):
No. 94-34, §4; Ord.No. 97-68, § 1, 10-28-97; Ord. Collier County Building Official, all Li
No.99-45,§4.1-4.1.24,6 8 99;Ord.No.2002 21, cense Compliance Officers,the Chief Build-
§§ 1(4.1-4.1.24); Ord. No. 2006-46, §§ 4.1— ing Inspector, Chief Electrical Inspector,
4.1.24, 10-10-06) Chief Plumbing/Mechanical Inspector,
and/or other inspectors authorized from
Sec. 22-201.1 Misconduct—State certified time-to-time by the Building Official.Pro-
contractors. cedures specified in this Ordinance shall
apply except to the extent,if any,that F.S.
The following actions by state certified contrac- § 489.127 or F.S. § 489.132, may require
tors shall constitute misconduct and grounds for different procedure(s). The penalties for
discipline pursuant to section 22-202 of this arti- each uncontested violation of F.S.
v cle. § 489.127(1) and/or F.S. § 489.132(1), are
one thousand ($1,000.00) dollars for the
(1) Failing or refusing to provide proof of first uncontested violation and two thou-
public liability and property damage in- sand ($2,000.00) dollars for the second
surance coverage and workers compensa- uncontested violation by the same individ-
tion insurance coverage as required by ual or entity. In the event of a third
Florida Statutes. uncontested violation,the Contracting Li-
censing Supervisor shall refer the matter
(2) Willfully violating the applicable building to the State Attorney's Office for filing of
codes or laws of the state, city or Collier charges. Notwithstanding the above-ref-
County. erenced penalties, in the event a first
uncontested violation is the result of the
(3) If the CLB finds through its public hear- violator engaging in the business or act-
ing process that the contractor was found ing in the capacity of a contractor of
by another county or municipality within advertising himself or herself or a busi-
the past 12 months, to have committed ness organization as available to engage
fraud or a willful building code violation in the business or act in the capacity of a
and the CLB finds that such fraud or contractor without being duly registered
other willful violation would have been or certified, the penalty shall be abated
fraud or a willful violation if committed in from $1,000.00 to $300.00 if the violator
Collier County or within the respective submits a completed application in accor-
city. dance with Section 2.1 and 2.2 of this
Ordinance(§22-182)within forty-five(45)
(4) Fraud. days of the date of issuance of the Citation
(Ord. No. 94-34, § 4; Ord. No. 99-45, §4.2-4.2.3, for the violation. Penalties for contested
6-8-99; Ord. No. 2002-21, §§ 1(4.2-4.2.3); Ord. violations of F.S. § 489.127(1), are as now
No. 06-46, § 1(4.1.8.2)) or hereafter specified in F.S. § 489.127.
L
Supp.No.52 CD22:54.11
§22-202 COLLIER COUNTY CODE
Penalties for contested violations of F.S. including every follow-up inspection or
§ 489.132(1), are as now or hereafter any other act then capable of being com-
specified in F.S. § 489.132. The Citation plied with, although late in time.
form attached hereto as exhibit "A" is
approved, which form may be amended (5) Withholding Permit Pulling Privileges of
from time-to-time by Resolution of the State Certified Contractor. Before the CLB
Board of County Commissioners. may withhold any permit pulling privi-
lege(s)of a State Certified Contractor,the
(2) Violations. The Contractor Licensing Su- CLB, after public hearing, must find that
pervisor, or his designee, may initiate the Contractor violated a provision of Sec-
disciplinary proceedings against a 1i- tion 4.2 (§ 22-201.1) of this Ordinance.
censed contractor for violations of this
Ordinance by filing a sworn complaint (b) Any person who believes that a contractor
with the Clerk to the Collier County Board holding a Certificate of Competency has violated
of County Commissioners or may issue a this Ordinance may submit a sworn complaint to
Notice of Non Compliance when (i) it is the Contractor Licensing Supervisor, or his/her
reasonable for Staff to assume that the designee. The complaint shall be in substantially
violator, at the time of violation, was not the form prescribed by the Contractor Licensing
aware of the provision that was violated Supervisor. The complaining party shall state
with particularity which section(s) of this Ordi-
or it can be assumed that it was not clear nance he or she believes has been violated by the
to the violator how to comply with the contractor and the essential facts in support thereof.
violated provisions; and(ii)that violation
has not then resulted in economic harm or (c) Upon the submission of a sworn complaint,
physical harm to any person.. the Contractor Licensing Supervisor, or his/her
designee, shall conduct a preliminary investiga-
(3) Failure of Non-State Certified Individual tion and determine whether the complaint sub-
to Promptly Pay Penalty to County. The mitted warrants the filing of formal charges. If
Collier County Building Department should charges are warranted, the Contractor Licensing
not issue any permit or any other re- Supervisor, or his/her designee, shall file the
quired authorization to any Collier County complaint with the Clerk to the Collier County
Certified individual who then has an ob- Board of County Commissioners and shall send,
ligation to pay a penalty to the County by certified mail, return receipt requested, a let-
imposed with finality under this Ordi- ter to the licensed contractor at his local address,
nance for any violation of this Ordinance or if applicable the local agent's address,as shown
(including a citation that is not contested) by the records of the Contractors'Licensing Board,
and that individual has not paid that enclosing a copy of the complaint and indicating:
penalty in full by the applicable deadline
date,plus reimbursement of the County's (1) The name of the complainant;
costs, such as recording fees and court (2) The date(s) of the commission of the al-
costs.An appeal of uncontested citations leged offense(s);
stays all such withholdings.
(4) Failure of Non State Certified Individual (3) The section(s)of this Ordinance alleged to
have been violated;
to Meet Permit Conditions. The County's
Building Department may withhold issu- (4) The range of disciplinary sanctions which
ance of any further permit(s)or any other may be imposed upon any contractor,pur-
authorization(s)to any individual who,or suant to this Ordinance by the Contrac-
entity that, has not then complied with tors' Licensing Board in the event said
any condition of all County-issued per- Board finds a violation of this Ordinance
mit(s) issued to that individual or entity, to have occurred;
Supp.No.52 CD22:54.12
BUILDINGS AND BUILDING REGULATIONS §22-202
(5) The date, time and place at which the expense of the party requesting the tran-
contractor shall appear before the Con- script. Any party may have a court re-
tractor's Licensing Board for a hearing porter present at the hearing at his/her
regarding the complaint. The date sched- own expense. Neither Collier County nor
uled shall not be sooner than twenty(20) the Contractors' Licensing Board shall be
days from the mailing date of the certified responsible for any failure of recording
letter. equipment during the conduct of the hear-
(d) The notice of hearing required by this Sec- ing.
tion may, in the alternative, be accomplished by (2) Each case before the Contractors' Licens-
hand delivery of said notice to the contractor by ing Board shall be presented by the County
the Contractor Licensing Supervisor, or his/her Attorney, an Assistant County Attorney,
designee,or by leaving said notice at the contrac- or by a member of the County staff. Re-
tor's business or usual place of residence with garding matters under the jurisdiction of
some person of his/her family over 15 years of age the Contractor's Licensing Board, the
and informing such person of the contents of the Building Official is authorized to issue
notice. subpoenas to the greatest extent then
(e) As an alternative to providing notice as set allowed by law, including F.S. § 162.08.
forth above, at the option of the Contractor Li (3) Assuming proper notice of the hearing
censing Supervisor, notice may be furnished to has been provided to the contractor, or
the contractor by publication as follows: was not received notwithstanding at-
(1) Such notice shall be published once dur- tempts to notify the contractor, as pro-
ing each week for four (4) consecutive vided for in subsection 22-202(c), a hear-
weeks (four publications being sufficient) ing may proceed in the absence of the
in a newspaper of general circulation in contractor. Evidence regarding "notice"
Collier County.The newspaper shall meet shall be received prior to receiving evi-
such requirements as are prescribed un- dence on the merits of the case.
der F.S.ch. 50,for legal and official adver-
tisements; (4) The Contractors' Licensing Board shall
proceed to hear the cases on the agenda
(2) Proof of publication shall be made as for that day.All testimony shall be under
provided in F.S. §§ 50.041 and 50.051. oath and shall be recorded. The Contrac-
Notice by publication may run concur- tors' Licensing Board shall hear testi-
rently with, or may follow an attempt or mony from the Contractor Licensing Su-
attempts to provide notice by hand deliv- pervisor, or his/her designee, from the
ery or by mail as required by this Section. contractor alleged to be in violation of this
(f) Although not required to prove that notice Ordinance,and from such other witnesses
was provided, evidence that an attempt has been as may be called by the respective parties.
made to hand deliver or mail notice as provided in
this Section,together with proof of publication as (5) Formal rules of evidence shall not apply,
provided in subsection(e)of this section, shall be but fundamental fairness and due process
sufficient to show that the notice of hearing re shall be observed and shall govern the
quirements of this Section have been met, with proceedings.Irrelevant,immaterial or cu-
out regard to whether or not the alleged violator mulative evidence shall be excluded; but
actually received such notice. all other evidence of a type commonly
relied upon by reasonably prudent per-
(g) Conduct of hearing.A hearing shall be held
sons in the conduct of their affairs shall be
concerning the complaint and it shall be open to admissible, whether or not such evidence
the public. would be admissible in a trial in the
(1) The proceedings at the hearing shall be courts of the State of Florida. Hearsay
recorded and may be transcribed at the evidence may be used for the purpose of
Supp.No.52 CD22:54.13
— §22-202 COLLIER COUNTY CODE
supplementing or explaining any evi- unless the Board orders otherwise. The
dence but shall not be sufficient,by itself, decision of the Board shall be filed with
to support a finding unless such hearsay the Clerk to the Collier County Board of
would be admissible over objection in civil County Commissioners promptly after said
actions in court. The rules of privilege decision is reduced to writing.
shall be effective to the same extent that (10) Should the Contractors' Licensing Board
they are now or hereafter may be recog be unable to issue a decision immediately
nized in civil actions. following any hearing because of ques-
(6) Any member of the Contractors' Licens- tions of law or other matters of such
ing Board may question any witness be- nature that a decision cannot be immedi-
fore the Board.Each party to the proceed- ately made,the Board may withhold issu-
ings shall have the right to call and ing its decision until a subsequent meet-
examine witnesses;to introduce exhibits; ing.In such case,further discussion of the
to cross-examine witnesses; to impeach pending matter and all deliberations re-
any witness regardless of which party lating thereto by members of the Contrac-
called the witness to testify and to rebut tors' Licensing Board shall take place
any evidence presented against the party. only at a public meeting of the Board.The
Board shall thereafter issue its decision
(7) The chairperson or, in his/her absence, pursuant to subsections(8)and(9)of this
the vice chairperson, shall have all pow- section.
ers necessary to conduct the proceedings (Ord. No. 90-105, §§4.2.1-4.2.4; Ord. No. 92-61,
at the hearing in a full,fair and impartial § 4; Ord. No. 94-34, § 4; Ord. No. 97-68, § 1,
manner and to preserve order and deco- 10-28-97; Ord. No. 99-45, § 4.3-4.3.4.11, 6-8-99;
1 rum. Ord.No. 02-21,§ 1(4.3.1,4.3.3), 5-14-02; Ord.No.
ip/ (8) At the conclusion of the hearing,the Con-
tractors' 06 46, § 1(4.3.2); Ord. No. 2013 67, § 1)
Licensing Board shall issue find Sec. 22-203. Disciplinary sanctions.
ings of fact based on evidence of record
and conclusions of law; impose disciplin- (a) Holders of Collier County or city certificates
ary sanctions, if warranted; and shall of competency. If, after hearing, the contractors'
issue whatever order is necessary and licensing board finds that there has been miscon-
proper to dispose of the complaint in ac- duct by a contractor, within the meaning of sec-
cordance with this Ordinance and Florida tion 22-201, said board may, but shall not be
law. Said findings of fact, conclusions of required to, impose any of the following enumer-
law, disciplinary sanctions, if any, and ated sanctions, alone or in combination:
any related order shall constitute the de (1) Revocation of a Collier County or city
cision of the Contractors'Licensing Board certificate of competency;
on the case heard before the Board.
(2) Suspension of a Collier County or city
(9) The decision of the Contractors'Licensing certificate of competency;
Board shall be stated orally at the hear-
ing and shall be reduced to writing and (3) Denial of the issuance or renewal of a
mailed to the parties within 30 days after Collier County or city certificate of co
the hearing. The findings of fact and con- petency;
clusions of law, disciplinary sanctions, if (4) A period of probation of reasonable length,
any, and any related order shall be made not to exceed two years,during which the
by motion approved by a majority of the contractor's contracting activities shall be
members of the Contractors' Licensing under the supervision of the contractors'
Board who are present and voting. The licensing board; and/or participation in a
decision of the Board shall be effective duly accredited program of continuing ed-
upon being stated orally at the hearing,
Supp.No.52 CD22:54.14
BUILDINGS AND BUILDING REGULATIONS §22-203
Lir/
ucation directly related to the contractor's the Contractors' Licensing Board shall consider
contracting activities. Any period of pro- all the evidence presented at the hearing as well
bation or continuing education program as:
ordered by the contractors'licensing board
may be revoked for cause by said board at (1) The gravity of the violation;
a hearing noticed to consider said pur- (2) The impact of the violation on the public
pose. The contents of said notice shall be health, welfare or safety;
substantially as provided for in section
22-202. Service of said notice shall be as (3) Any actions taken by the violator to cor-
provided in section 22-202. Evidence that rect the violation;
either of these methods of service have (4) Any previous violations committed by the
been utilized shall be sufficient to show violator;
that the notice of hearing requirements of
this section have been met, without re- (5) Any other evidence presented at the hear-
gard to whether or not the alleged violator ing by the parties relevant as to the
actually received notice; sanction which is appropriate for the case
given the nature of the violation and the
(5) Restitution; violator.
(6) A fine not to exceed $10,000.00; (d) Any disciplinary sanctions imposed by the
(7) A public reprimand; Contractors' Licensing Board shall be effective
upon being stated orally at the hearing unless the
(8) Reexamination requirement; or Board orders otherwise, all in accordance with
subsection 22-402(g)(9).
(9) Denial of the issuance of Collier County or
city building permits or requiring the is- (e) In addition to any action the Contractors'
suance of permits with specific conditions; Licensing Board may take against the individual's
or business organization's local license, and any
(10) Reasonable investigative and legal costs fine the Contractors' Licensing Board may im-
for the prosecution of the violation. pose,the Contractors'Licensing Board shall issue
(b) (1) Holders of State of Florida Certificates a recommended penalty for the State Construc-
of Competency. If, after hearing, the Con- tion Industry Licensing Board or if the action
tractors' Licensing Board finds that there involves an electrical contractor or an alarm con-
has been misconduct by a State certified tractor, the State Electrical Contractors' Licens-
contractor, within the meaning of section ing Board action.This recommended penalty may
include a recommendation for no further action,
22 201,said Board may deny the issuance
of Collier County/City building permits or or a recommendation for suspension, revocation,
require the issuance of permits with spe or restriction of the registration, or a fine to be
levied by the Construction Industry Licensing
cific conditions.
Board or Electrical Contractors' Licensing Board,
(2) Notification of and information concern- or a combination thereof.The Contractors'Licens-
ing such permit denial shall be submitted ing Board body shall inform the disciplined con-
to the Florida Department of Business tractor and the complainant of the local license
and Professional Regulation within 15 penalty imposed, the penalty recommended, his
days after the Contractors'Licensing Board rights to appeal, and the consequences should he
decides to deny the permit. decide not to appeal. The Contractors' Licensing
Board shall, upon having reached adjudication
(c) When imposing any disciplinary sanction immediately inform the Construction Industry
on a contractor or a person holding a Certificate of Licensing Board or Electrical Contractors'Licens-
Competency or a state certified contractor who ing Board of its action and the recommended
has been found to have violated this Ordinance, board penalty.
Supp.No. 26 CD22:54.15
§22-203 COLLIER COUNTY CODEtTh
(f) Fines and all other monetary penalties may which may be limited by the board to
be collected and disposed as authorized by and the specific issues for which the re-
subject to F.S. ch. 489. Should any monetary hearing was granted.
penalty imposed by the Board not be paid within b. Affirm, modify or reverse its prior
the time specified by the Board's Order,the Board decision, with or without receiving
may request from the Board of County Commis further evidence, providing that the
sioners authority to that appropriate legal action
to collect the penalty. change(s) is/are based on a finding
that the prior decision of the board
(Ord.No. 90-105, §4.2.5;Ord.No.92-61, §4;Ord. resulted from fundamental error or
No. 94-34, § 4; Ord. No. 99-45, § 4.3.5-4.3.5.6,
a ruling on a question of law or of
6-8-99; Ord. No. 2002-21, §§ 1(4.3.5-4.3.5.6), fact which the board has been in-
5-14-02; Ord. No. 06-46, § 1(4.3.5.1(f), 10-10-06) formed by its counsel was fundamen
Sec. 22-204. Rehearing. tal error or an erroneous ruling and
that further board action is required
Each respondent found to be in violation of this to correct such error(s).
article, any other party,the chairman of the CLB, (Ord. No. 90-105, § 5.1; Ord. No. 99-45, § 5.1—
the CLB as a body, or the assistant county attor- 5.1.2, 6-8-99)
ney who tried the case may request a rehearing of
any decision of the CLB.A request for rehearing Sec. 22-205. Appellate-type review
shall be in writing and shall be filed with staff
and a copy thereof should be delivered to all other (a) Each disciplinary action of the CLB is
parties within 20 days from the date of mailing or quasi-judicial. Each person or entity found to be
other method of delivery to the respondent(s) of in violation of this Ordinance may appeal a deci-
the board's written decision under this article.A sion of the Contractors' Licensing Board to the
request for rehearing shall be based only on the Collier County Circuit Court as authorized by
ground that fundamental error occurred which subsection F.S.§489.127(5)(k),in conformity with
resulted in a failure of due process, the decision Florida Rules of Appellate Procedure, and subject
was contrary to the evidence, or that the hearing to mandatory prerequisite rehearing under sec-
involved an error on a ruling of law and/or fact tion 5.1,above,if the error is correctable. Such an
which was fundamental to the decision of the appeal shall not be a hearing de novo but shall be
CLB. The written request for rehearing shall limited to appellate review of the record created
specify the precise issue(s) on which the request before the CLB in accord with Florida Rules of
for rehearing is based. The decision of the CLB Appellate Procedure. Any appeal shall be filed
which is the subject of the rehearing request shall with the Circuit Court and be served on the
remain in effect throughout the rehearing proce- parties within thirty (30) days of the rendition of
dure unless the county's licensing supervisor or the effective Final Order of the Board.If there has
the CLB orders otherwise. If any person with been a re-hearing request, the appeal shall be
standing claims that fundamental error has oc- filed with the Circuit Court and be served on the
curred and such error is capable of being cor- parties within thirty (30) days of the rendition of
rected,a request for a rehearing by the CLB must the Board's decision on re-hearing.
be filed with county staff.The CLB must issue its
final order on rehearing before any request for (b) In the event the person or entity found to
any type of appellate review can be filed with any be in violation of this article should elect to
court. appeal, a verbatim record and transcript relevant
(1) If the contractors' licensing board deter- to the case shall be as required by Florida Rules of
Appellate Procedure. It shall be the sole respon-
mines it will grant a rehearing, it shall: sibility of the person or entity seeking such review
a. Conduct a hearing where the parties to ensure that a record is made from which a
will be given the opportunity of pre- transcript may be prepared which includes the
senting evidence and/or argument testimony upon which an appeal may be taken.
Supp.No. 26 CD22:54.16
e' BUILDINGS AND BUILDING REGULATIONS §22-228
Neither Collier County, nor the CLB shall have b. Diminished property values; or
any responsibility to provide a verbatim record c. Detracting from the appearance of the
transcript of the proceedings. residential area.
(c) Subpoenas.Any party or the attorney for a 2. The provision of this Ordinance shall apply
party to a proceeding before the CLB may acquire in the unincorporated area of Collier County to
from staff free subpoenas for witnesses and/or for every portion of a building or premises, used or
production of tangible evidence, but not for any intended to be used as a dwelling unit in whole or
deposition. Rule 1.410 of Florida Rules of Civil in part, and every portion of a commercial or
Procedure apply thereto. As used in Rule 1.410, non-residential building or structure, regardless
"court" shall mean "the CLB" and "clerk" shall of the primary use of such building or structure
mean "county staff'. Each subpoena must be and regardless of when such building or structure
issued by the party or by an attorney for that was or is constructed, altered or repaired.
party. (Ord. No. 2010-02, § 2)
(Ord. No. 90-105, § 5.2; Ord. No. 94-34, § 5; Ord.
No. 99-45, § 5.2-5.2.3, 6-8-99; Ord. No. 02-21, Sec. 22-228. General provisions.
§ 1(5.2.2.), 5-14-02)
1. Maintenance. Equipment systems, devices
and safeguards required by this Code or a prior
Secs. 22-206-22-225. Reserved. code under which the structure or premises was
constructed, altered or repaired, shall be main-
ARTICLE VI. PROPERTY MAINTENANCE tained in good working order.The requirements of
CODE* this code are not intended to provide the basis for
removal or abrogation of the fire protection,safety
Loo Sec. 22-226. Title. systems and devices in existing structures. Ex-
cept as otherwise specified herein, the owner
This Ordinance shall be known and may be shall be responsible for the maintenance of build-
cited as the "Collier County Property Mainte- ings, structures and premises.
nance Code". 2. Application of other codes. Repairs, addi-
(Ord. No. 2010-02, § 1) tions or alterations to a structure, or change of
occupancy shall be performed in accordance with
Sec. 22-227. Purpose and scope. the procedures and provisions of the code appli-
1. This Ordinance establishes minimum stan cable at the time of construction. Nothing in this
dards for the maintenance, upkeep, and appear Code shall be construed to cancel, modify or set
ance of improved and unimproved premises; to aside any provisions of this section.
minimize impacts of construction; and provides a 3. Existing remedies. The provisions in this
just,equitable and practicable method to prevent: Code shall not be construed to abolish or impair
other remedies of any local, state or federal juris-
a. Residential and commercial buildings, diction or its officers or agencies relating to the
structures, and premises from causing removal or demolition of any structure.
and/or endangering life,limb,health,safety
or welfare of the general public or their 4. Requirements not covered by this Code. The
occupants; or Building Official shall determine requirements
necessary for the strength, stability or property
*Editor's note—Ord.No.2010-02,§§1-23,adopted Jan. operation and general conditions acceptable for
26,2010,amended Art.VI in its entirety to read as herein set
out. Former Art.VI, §§22-226-22-249,pertained to similar an existing fixture, structure or equipment not
subject matter and derived from Ord.No.04-58,§§1-22,24, specifically covered by this code.
25;and Ord.No.07-70, §§ 1-3.
Cross references—Community development,ch.42;health 5. Deviation from Code. Where practical diffi
and sanitation,ch.66;housing initiatives partnership(SHIP) culties are prohibitive in carrying out the provi-
program,§ 114-56 et seq. sions of this Code, the Community Development
L
Supp.No. 27 CD22:55
22-228 COLLIER COUNTY CODE
Administrator or designee, in coordination with 4. BOARDING—the placement of plywood
the appropriate licensed authority, if applicable, or some type of construction material as a
has the authority to grant modifications for indi- temporary barrier to cover and obscure a
vidual cases.The modification shall be in compli- window, storefront or access to a struc-
ance with the intent and purpose of this Code and ture.
shall not lesson health,life and fire safety require 5. BUILDING — a structure of any kind,
ments. The basis for granting modifications shall which is built or constructed of parts
be recorded and entered in the Department files. joined together in some definite manner,
6. Compliance. It shall be the duty of each and which requires a fixed location on, or in
every owner and operator of improved or unim- the ground attached to something having
proved property within the unincorporated County a fixed location on or in the ground.
to comply with the requirements set forth in this 6. BUILDING CODE — the Florida Build-
Ordinance. No premises or building, or combina- ing Code, or its successor, as amended by
tion, shall be used in a manner inconsistent with the Collier County Board of County Com-
or in conflict with the requirements of this Ordi- missioners.
nance.
7. BUILDING OFFICIAL — the individual
7. Conflict with other codes. The provisions of charged with the responsibility to admin-
this article shall apply to all buildings,structures istrate, supervise, direct, enforce, or per-
or premises in existence or built within the unin- form the permitting and inspection of
corporated County. Where the provisions of this construction, alteration, repair, remodel-
Ordinance impose a standard different than that ing, or demolition of structures and the
set forth in any other County ordinance or state installation of building systems to ensure
ll 'aw, the most restrictive standard shall apply. compliance with the Florida Building Code.
v(Ord. No. 2010-02, § 3) 8. CODE ENFORCEMENT BOARD —The
Collier County Code Enforcement Board
Sec. 22-229. Definitions. created by the Collier County Code En-
When used in this Code, the following terms forcement Board Ordinance as authorized
shall have the following meanings, unless the by F.S. ch. 162.
content clearly otherwise requires: 9. CODE ENFORCEMENT INVESTIGA-
1. ACCESSORY USE OR STRUCTURE — TOR — any authorized agent, represen-
a use or structure of a nature customarily tative, or County employee designated by
incidental and subordinate to the princi the Housing Official to ensure compliance
pal use or structure, and, on the same and enforcement of the provisions of this
premises. On the same premises with Code.
respect to accessory uses and structures 10. CONDEMNATION— the declaration by
shall be construed as meaning on the a Housing Official or designee that a
same lot or on a contiguous lot in the property or structure is unfit for use or
same ownership. Where a building is at- habitation or dangerous to person or other
tached to the principal building, it shall property pursuant to F.S. ch. 553, pt. VI,
be considered a part thereof, and not an with consultation from the Fire Depart-
accessory structure. ment, Health Department, Building Offi-
2. ATTIC — any story situated wholly or cial, or other applicable agency.
partly in the roof,so designated,arranged 11. COUNTY MANAGER — County Man-
or built to be used for storage or uninhab- ager or his designee.
itable space. 12. DANGEROUS BUILDINGS AND STRUC-
3. BOARD—Board of County Commission- TURES—all buildings,dwelling units or
ers of Collier County, Florida. structures which are unsafe, unsanitary,
Supp. No. 27 CD22:56
BUILDINGS AND BUILDING REGULATIONS §22-229
unfit for human habitation, or do not pliances; refuse, rubbish, trash or junk;
provide for adequate egress,or which con- used scrap or discarded lumber,pipe,steel,
stitute a fire hazard, or are otherwise plumbing fixtures, insulation, and other
dangerous to human life, or which in building material.
relation to existing use constitutes a haz-
14. DETERIORATION—a lowering in qual-
ard to safety or health by reason of inad ity in the condition or appearance of a
equate maintenance, dilapidation, obso building or parts thereof, characterized
lescence, or abandonment. Additionally, by holes, breaks, rot, cracking, peeling,
any building, dwelling unit or structure rusting,mold/mildew,graffiti or any other
that is deemed to be classified as any one
of the following: evidence or physical decay or neglect, or
excessive use, or lack of maintenance,
a. A structure or dwelling unit, which, including the landscaping and parking
in the opinion of the Fire Inspector areas.
constitutes a fire hazard; or
15. DILAPIDATED — substantial deteriora-
b. A structure or dwelling unit, which tion of a building or parts thereof, such
in the opinion of the Health Inspec- that said building, or a portion thereof,is
tor,constitutes a threat to the health no longer adequate for the purpose or use
of its occupants or to the health of for which it was originally intended.
the general public by reason of the
unsanitary,infectious or defective con- 16. DWELLING UNIT—A single unit within
dition of said building; or a building providing complete indepen-
c. A structure or dwelling unit, which dent living facilities for one or more per-
in the opinion of the Building Offi sons including permanent provisions for
cial or designee or a Florida State living, sleeping, eating, cooking and san-
Certified engineer falls below mini- itation.
mum structural standards; or 17. ELECTRICAL CODE—National Electri-
d. A structure or dwelling unit, the cal Code, as it may be amended or its
interior walls or other vertical struc- successor.
ture members of which list, lean or 18. FIRE INSPECTOR — One certified to
buckle to the extent that plumb line have met the inspection training require-
passing through its center of gravity ments by the Division of State Fire
falls outside of the middle third of its Marshall of the Department of Insurance.
base; or
19. GARBAGE — any animals or vegetable
e. A structure or dwelling unit, exclu- waste resulting from the handling, prep-
sive of the foundation, which evi- aration,cooking,and consumption of food,
dences 33% or greater damage to or including food containers of any type.
deterioration of the non-supporting,
enclosing, or outside walls or cover- 20. GAS CODE — the Building Code revi-
ing; or sions,as may be amended or its successor.
f. A structure or dwelling unit existing 21. HABITABLE ROOM—a space in a struc-
in violation of any provision of the ture for living,sleeping,eating or cooking.
Building Code or any other ordi- Bathrooms, toilet compartments, closets,
nance of the County. halls,screen enclosures, storage or utility
13. DEBRIS— any material which is stored space, and similar areas are not consid-
externally or internally and shall include, ered habitable space.
but not be limited to the following: dis- 22. HEALTH INSPECTOR—the Director of
carded household items; inoperative or the Collier County Health Department or
discarded machinery, automobiles or ap- his or her designee.
Supp.No.27 CD22:57
Lot 22-229 COLLIER COUNTY CODE
23. HOUSING OFFICIAL — the officer 31. OWNER—the holder of the title of prop-
charged with the administration and en- erty, if fee simple, and any person, group
forcement of this Code or a duly autho- of persons, company, association or corpo-
rized representative or representatives. ration in whose name tax bills on the
The Code Enforcement Director is hereby property are issued. It shall also mean
designated to be the Housing Official. any person who, alone or jointly or sever-
ally with others: (a) shall have legal title
24. IMPROVED PROPERTY — real prop-
erty,which contains a building(s)or other to any dwelling unit, with or without
accompanying actual possession thereof;
structural improvements. or (b) shall have charge, of or control of
25. INFESTATION—the presence within or any dwelling unit,as owner,personal rep-
around a structure of insects, rodents, or resentative, executor, executrix, adminis-
pests,which are detrimental to the public trator, trustee, guardian of the estate of
health, safety, and general welfare of the the owner, mortgage or vendee in posses-
residents or occupants, or neighboring sion, or assignee of rents, lessee, or other
properties. person,firm,or corporation in control of a
building; or their duly authorized agents.
26. INOPERATIVE VEHICLE(S) —vehicles Any such person thus representing the
or trailers of any type that are not imme- actual owner shall be bound to comply
diately operable, used for the purpose for with the provisions of this Code, and of
which they were manufactured,in need of rules and regulations adopted pursuant
mechanical or electrical repairs or the thereto, to the same extent as if he were
replacement of parts, do not meet the the owner.It is his responsibility to notify
definition of recreational vehicle as de- the actual owner of the reported infrac-
fined in the Collier County Land Develop- tions of these regulations pertaining to
ment Code,do not meet the Florida Safety the property, which apply to the owner.
Code, or does not have current valid li-
cense plates. 32. OXYGEN DEPLETION SENSING SYS-
TEM (ODSS) — an automatic pilot and
27. NONRESIDENTIAL STRUCTURE—any shutoff system. Incorporates a pilot de-
structure that is not a residential struc- signed to be stable within narrow condi-
ture. This term shall include, but is not tions of operation, which is designed to
limited to, any occupied or unoccupied blow out or lift off under reduced oxygen
structure,commercial structures or build- atmospheres,resulting in gas shutoff by a
ings, mixed use buildings or structures companion valve.
that include both dwelling units and office
or retail combinations, and every other 33. PERSON— any individual, firm, corpo-
structure that is not a dwelling. ration, association, partnership or other
entity.
28. NUISANCE — Unsanitary conditions or
anything offensive to the senses or dan- 34. PLUMBING CODE—the Building Code
gerous to health. revisions as may be amended or its suc-
cessor.
29. OCCUPANT— any person living, sleep-
ing,cooking or eating in,or having actual 35. PREMISES—a lot,plot or parcel of land,
possession of a dwelling unit, within the or portion thereof,including the buildings
confines of any building or structure. or structures thereon.
30. OPENABLE AREA — any part of a win- 36. RESIDENTIAL STRUCTURES — any
dow or door which is available for unob- dwelling unit or structure where any part
structed ventilation and which opens di- is used or intended to be used for living,
rectly to the outdoors. sleeping, cooking or eating.
Supp.No.27 CD22:58
BUILDINGS AND BUILDING REGULATIONS §22-230
37. RUBBISH — any waste material other substandard if built and maintained in
than garbage. accordance with the building code at the
38. SKYLIGHT — an opening through the time of construction.
roof and ceiling to admit light to a room, 44. VENTILATION—the process of supply-
including the window portion therein.The ing and removing air by natural or me-
assembly may or may not have an opera- chanical means to or from any structure,
ble section to provide ventilation. building or dwelling.
39. SPECIAL MAGISTRATE — an attorney 45. WEATHERPROOF — able to withstand
designated by the Board of County Corn- exposure to weather without damage or
missioners pursuant to F.S. ch. 162, who loss of function.
has the authority to hold hearings and
assess fines against violators of Collier 46. WEATHERTIGHT—able to exclude wind
County Codes and Ordinances. and rain under typical local weather con-
ditions.
40. STAIRWAYS — one or more flights or
stairs and the necessary landings and 47. YARD — an open, unoccupied space on
platforms which form a continuous and the same lot with a building, structure or
uninterrupted passage from one story to dwelling.
another,within or attached to the exterior
of a building or structure. 48. ZONING ORDINANCE — the Compre-
hensive Zoning Ordinance (or Land De-
41. STORY— that portion of a building in- velopment Code) for unincorporated Col-
cluding between the upper surface of any Tier County, as it may be amended.
floor and the upper surface of the floor (Ord. No. 2010 02, § 4)
next above, except that the topmost story
shall be the portion of a building,included Sec. 22-230. Rules of construction.
between the upper surface of the topmost
floor and the ceiling or roof above. For purposes of administration and enforce-
42. STRUCTURE—anything constructed or ment of this Housing Code, unless otherwise
erected which requires the fixed location stated in this ordinance, the following rules of
on the ground, or in the ground, or at- construction shall apply:
tacked to something having a fixed loca 1. The word "shall" is always mandatory
tion on or in the ground, including, but and not discretionary and the word"may"
not limited to, fences, buildings, towers,
smokestacks, utility poles and overhead is permissive.
transmission lines. 2. Words used in the present tense shall
43. SUBSTANDARD — any residential or include the plural future; and words used
commercial building or structure used as in the singular shall include the plural
and the plural singular, unless the con
-
a dwelling unit which is so damaged,
decayed, dilapidated, or vermin infested text clearly indicates the contrary; use of
that it creates a hazard to the health or the masculine gender shall include the
safety of the occupants/public. Any such feminine gender.
unit which lacks illumination,ventilation 3. The word"includes"shall not limit a term
or sanitation facilities adequate to protect to the specific example but is intended to
the health or safety of the occupants/ extend its meaning to all other instances
public shall be considered to be unsafe, or circumstances of like kind or character.
and unsanitary, as well as unfit for hu-
man habitation and therefore substan- 4. Whenever the words "structure", "build-
dard, except that it shall not be deemed ing", "dwelling unit", or "premises" are
Supp.No.27 CD22:59
22-230 COLLIER COUNTY CODE
used in this Ordinance, they shall be every required kitchen sink, lavatory ba-
construed as though they were followed sin, bathtub or shower at a temperature
by the words "or any parts thereof'. of not less than 120 degrees Fahrenheit.
(Ord. No. 2010-02, § 5) 4. HEATING FACILITIES — Every dwell-
ing or dwelling unit shall be equipped
Sec. 22-231. Compliance with housing stan- with heating equipment which shall be
dards. capable of safety and adequately heating
All dwellings units whether occupied or unoc- all habitable rooms to a temperature of 68
cupied,shall comply with the requirements of this degrees Fahrenheit under ordinary mini-
Section as hereinafter set forth: mum southwest Florida winter condi-
tions. Any electrical heating equipment
1. SANITARY FACILITIES REQUIRED — shall be installed and connected to elec-
Every dwelling unit shall contain not less trical circuits as prescribed in the Electri-
than one (1) kitchen sink with counter cal Code unless such equipment is ap-
work space,one(1)lavatory basin,one(1) proved by a nationally recognized testing
tub or shower,and one(1)commode,all in agency. Unvented fuel-fire heaters shall
good working condition and properly con- not be used in any location unless equipped
nected to an approved water and sanitary with an Oxygen Depletion Sensing Sys-
sewer system as approved by Collier tern (ODSS). Any appliance which has
County or the Collier County Public Health been converted from a vented to an
Department as applicable. Every plumb- unvented heater shall not be used under
ing fixture and water and wastewater any conditions.
pipe connection shall be properly in-
stalled in accordance with the Plumbing 5. COOKING EQUIPMENT—every dwell-
ing unit shall contain an operable stove or
working condition,free from defects,leaks range and refrigerator. All cooking and
and obstructions. Every plumbing fixture heating equipment and facilities shall be
shall be located within the dwelling unit, installed in accordance with the Building,
and be accessible to the occupants of the Gas, and Electrical Codes, and shall be
dwelling unit. The commode, tub, or operable and maintained in a safe, work-
shower, and lavatory basin shall be lo- ing condition.
cated in a room affording privacy to the 6. GARBAGE DISPOSAL FACILITIES —
user. Every dwelling unit shall have adequate
2. HOT AND COLD WATER SUPPLY — garbage or rubbish disposal facilities or
Every dwelling, or dwelling unit, shall garbage or rubbish storage containers.
have connected to the kitchen sink, lava- 7, LIGHT AND VENTILATION — Every
tory basin, tub or shower an adequate habitable room of a dwelling unit shall
supply of both hot and cold water, all in meet the minimum size and access require-
good working condition. All connections ments of the Building Code.
shall be supplied through an approved
pipe distribution system connected to a 8. BATHROOM—Every bathroom of a dwell-
potable water supply. ing unit shall comply with the minimum
light and ventilation requirements for hab-
3. WATER HEATING FACILITIES—Every itable rooms except that no window or
dwelling unit shall have water heating
facilities which are properly installed and skylight shall be required in adequately
ventilated bathrooms equipped with a me-
maintained in a safe and good working chanically ventilating air system.
condition and are capable of heating wa-
ter to a temperature as to permit an 9. ELECTRIC LIGHTS AND OUTLETS —
adequate amount of water to be drawn at Every dwelling unit shall be wired for
L
Supp.No.27 CD22:60
electric lights and convenience outlets.
Every room shall contain at least one
wall-type electrical convenience outlet as
specified in the provisions of the Electri-
cal Code, in effect at the time of violation.
10. LIGHT IN PUBLIC HALLS AND
STAIRWAYS — Every public hall and
stairway in a structure containing three
or more dwelling units shall be adequately
lighted at all times. Structures with less
than three dwelling units shall be sup-
plied with a conveniently located light
switch that controls an adequate light
system which can be turned on when
needed if continuous lighting is not
provided.
11. ELECTRICAL SYSTEMS — All fixtures,
convenience receptacles, equipment and
wiring of a dwelling or dwelling unit
shall be installed, maintained, and con-
nected to the source of electrical power in
accordance with the provisions of the
Electrical Code, in effect at the time of
violation.
12. EXTERIOR AND INTERIOR
STRUCTURES OF DWELLING UNITS
— all the following component of a dwell-
ing unit shall be maintained in good
condition.
a. FOUNDATION — The building
foundation walls or other structural
elements shall be maintained in a
safe manner and be capable of sup-
porting the load which normal use
may place thereon.
b. EXTERIOR WALLS — The exterior
walls shall be maintained free from
holes, breaks and loose or rotting
material. Such exterior walls shall
also be substantially weather tight
and weatherproof, and surfaces
properly coated as needed to prevent
infestation and deterioration.
Decorative features shall be
maintained in good repair with
proper anchorage. Any graffiti shall
be removed or repainted to match
existing surfaces.
c. ROOFS — Roofs shall be maintained
in a safe manner and have no defects
which might admit rain or cause
dampness in the wall or interior
portion of the building.
d. MEANS OF INGRESS/EGRESS —
Every dwelling or dwelling unit shall
have a safe, unobstructed means of
ingress/egress leading to a safe and
open space. A second means of escape
or egress may be required in
accordance with the Building Code
as amended by Collier County.
e. ATTIC ACCESS — Access to the
attic shall be provided by means of
an access panel within the dwelling
unit. This provision does not require
tenant access.
f. STAIRS, PORCHES, AND
APPURTENANCES — Every inside
and outside stairway, stair, porch,
and any appurtenance thereto, shall
be maintained in a safe condition,
capable of supporting a load that
normal use may place thereon, and
in accordance with the Building Code
as enacted by Collier County.
g. PROTECTIVE/GUARD RAILINGS
— Protective/guard railings shall be
required in the manner prescribed
by the Building Code. Such railings
shall be maintained in good condi-
tion and be capable of bearing
normally imposed loads.
h. HANDRAILS — Handrails shall be
required in the manner prescribed
by the Building Code.
i. WINDOWS AND EXTERIOR
DOORS — Every window, exterior
door, shall be properly fitted within
its frame, provided with lockable
hardware, and shall be weather-
tight and weatherproof, and
maintained in good repair. Every
window required for light and
ventilation for habitable rooms shall
be capable of being opened easily
and secured in a position by window
§ 22-231BUILDINGS AND BUILDING REGULATIONS
CD22:61Supp. No. 113
hardware. Windowpanes or approved
substitutes shall be maintained
without cracks or holes. Openings
originally designed as windows and
doors shall be maintained as such,
unless approved by the Building
Official for enclosure. The closing in
of a window or door shall be by
bricking the opening, blocking the
opening with concrete blocks and
stuccoing the exterior, utilization of
an authorized building material and
finishing the exterior with like mate-
rial of the original exterior surface,
or boarding the opening. When
boarding is used, it shall be trim fit,
sealed to prevent water intrusion,
and painted or stained to conform
with the other exterior portions of
the building. The boarding shall
remain in place no longer than 18
months, unless an extension is
granted by Code Enforcement Special
Magistrate.
j. WINDOW SASH — Window sashes
shall be properly fitted and weather-
tight within the window frame.
k. HARDWARE — Every door shall be
provided with proper hardware and
maintained in good condition.
l. SCREENS — Every window or other
device used or intended to be used
for ventilation which opens directly
to the outdoor space shall have
screens. Dwelling units which
contain operable central heating and
air-conditioning systems are not
required to have screens on doors
and windows.
m. PROTECTIVE TREATMENT — All
exterior surfaces other than decay-
resistant woods shall be protected
from the elements by painting or
other protective covering according
to manufacturer's specifications.
n. ACCESSORY STRUCTURE — All
accessory structures shall be
maintained and kept in good repair
and sound structural condition.
o. INTERIOR DOORS — Every
interior door shall be properly fitted
within its frame.
p. INTERIOR FLOOR, WALLS AND
CEILING — Every dwelling unit
shall have a permanent floor of
approved material prescribed by the
Building Code. Every floor and
interior wall shall be free from
infestation and maintained in good
repair to prevent deterioration and
shall be capable of supporting the
load which normal use may cause to
be placed thereon.
q. STRUCTURAL SUPPORTS —
Every structural element of a dwell-
ing unit shall be maintained in good
repair and show no evidence of
deterioration which would render it
incapable of carrying loads which
normal use may cause to be placed
thereon.
r. GUTTERS AND DOWNSPOUTS -
Gutters and downspouts shall be
maintained in good repair and shall
be neatly located and securely
installed.
13. OCCUPANCY STANDARD, DWELLINGS
— Every dwelling unit shall comply with
the minimum space footage require-
ments of the Land Development Code
and shall contain at least 250 square feet
of habitable floor space for the first
occupant and at least 200 additional
habitable square feet of floor area per
additional occupant, not to exceed more
than 4 unrelated individuals per
household. No habitable room other than
a kitchen shall have an area of less than
70 square feet as prescribed in the Build-
ing Code. However, the Board of County
Commissioners can approve a reduction
in the minimum square footage require-
ments through a rezoning for projects
that convert an existing building to a
multi-family use and include affordable
housing units with a minimum of 20
percent of the units income-restricted,
§ 22-231 COLLIER COUNTY CODE
CD22:62Supp. No. 113
provided the habitable floor area is not
less than 250 square feet for two
occupants.
14. MINIMUM CEILING HEIGHT — Habit-
able space other than kitchens, storage
rooms and laundry rooms shall have a
ceiling height of not less than the
minimum ceiling height requirements
specified in the building code at the time
of construction.
15. POOL MAINTENANCE, PRIVATE — all
swimming pools, spas and architectural
pools, ponds or other decorative bodies of
water, not otherwise regulated by the
Health Department, shall be properly
maintained so as not to create a safety
hazard or harbor insect infestation. Water
shall not be allowed to stagnate or become
polluted. All pools shall be free from
unsightly appearance, including but not
limited to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW
FLOOD ELEVATION — no space
constructed below the then minimum
flood elevation at the time of the original
construction shall be used as a habitable
space or dwelling unit. Use of such areas
shall be limited to storage or utilitarian
activity (i.e., game room) and improved
to meet FEMA requirements.
17. RESIDENTIAL PARKING FACILITIES
— all residential properties must provide
parking facilities in accordance with the
Collier County Land Development Code
and shall be treated with a stabilized
surface made of concrete, crushed stone,
asphalt, or brick pavers. Such facilities
must be maintained in good condition
and repairs to the parking surfaces must
be made with like material.
18. BOAT HOUSES- All boathouses within
the unincorporated County must be
maintained so as to prevent decay, as
characterized by holes, breaks, rot, rust-
ing or peeling paint. All exposed surfaces
of metal or wood shall be protected from
the elements, decay or rust.
19. SANITATION REQUIREMENTS —
a. All public or shared areas, and habit-
able rooms of any dwelling unit,
structure, accessory structure, or
building shall be kept in a clean and
sanitary condition by the occupant
or owner, in accordance with Health
Department standards.
b. Nothing shall be placed, constructed,
or maintained on any premise that
conflicts with this code so as to
constitute a nuisance or fire hazard.
c. All buildings, structures, accessory
structures (including private swim-
ming pools), dwelling units shall be
regularly maintained and kept free
of infestation.
d. The plumbing fixtures in every dwell-
ing unit, building or structure shall
be maintained in a clean and
sanitary condition as prescribed by
the Health Department.
20. SMOKE DETECTORS — All dwelling
units shall be equipped with smoke detec-
tors to meet the minimum Building and
Fire Code requirements. If the structure
was built without wired detectors, bat-
tery operated smoke detectors are recom-
mended for installation. All rental units
shall have smoke detectors that meet the
residential Landlord and Tenant Act.
(Ord. No. 2010-02, § 6; Ord. No. 2023-65, § 1)
Sec. 22-232. Establishment of housing
official—Designation; powers
and duties.
There is hereby established the position of
Housing Official who is hereby charged with the
duty of administering the applicable standards
set forth in the Ordinance and securing compli-
ance with the minimum Housing Standards set
forth in this Ordinance. The Code Enforcement
Director is hereby designated to be the Housing
Official established by this section. The Housing
Official is hereby authorized to:
1. Conduct inspections or take other
appropriate action to require compliance
with this Ordinance;
§ 22-232BUILDINGS AND BUILDING REGULATIONS
CD22:63Supp. No. 113
2. Investigate alleged violations of this
Ordinance and to enter upon real property
in the conduct of official business;
3. Issue notices of violation and written
demands to correct violations of this
Ordinance;
4. Initiate any and all other criminal or
civil enforcement action as may be
authorized by law to require compliance
with this Ordinance;
5. Appoint Code Enforcement Investigators
to assist with the enforcement of this
Ordinance.
(Ord. No. 2010-02, § 8)
Sec. 22-233. Inspection of structures and
premises.
1. Complaint-driven, requested, or inspector-
initiated inspections of properties subject to this
Ordinance shall be conducted by the County to
ensure that such properties are in compliance
with the provisions of this Property Maintenance
Code. This provision shall not be interpreted as
authorizing the County to conduct inspections of
properties without the consent of the owner or
occupant or without a warrant. The County shall
charge the property owner a fee for each unit
inspected consistent with the CDES Fee Resolu-
tion. In securing consent, or at the time of
inspection, the Housing Official or the Code
Enforcement Investigator shall present County-
issued identification and shall explain to the
owner, occupant or operator the purpose of the
inspection.
2. If the inspection of a property reveals
violations of the provisions of this Property
Maintenance Code, this shall trigger a request
for an inspection of the interior of the property
and/or a random sampling of the properties
involved which may include multiple units.
3. For inspections involving multiple units at
one location and upon consent of owner or designee
or issuance of inspection warrant, a random
sampling of the properties will be inspected as
follows:
a. 1 to 4 units, all units;
b. 5 to 10 units, 50% of units;
c. 11 to 29 units, 20% of units;
d. 30 to 49 units, 15% of units;
e. 50 or greater, if one location, 5% of the
units with a maximum of 20 units.
In the case of 50 or greater units, if the
Housing Official finds one or more seri-
ous, health, safety or habitability viola-
tions in 5% of the units, the Official may
ask to inspect more units to a total of
100% of the units in the development
community. The Housing Official may
assess a noncompliance inspection fee of
$50.00 per unit inspected, per re-inspec-
tion, if any violation still exists after
allowance of a reasonable time period for
compliance.
4. The Housing Official and all appointed
designees are authorized and directed, in
accordance with this Section, to enter and inspect
dwelling units, buildings, structures and premises
to determine their condition in order to assure
compliance with the provisions of this Code or
upon receipt of complaints or when the Housing
Official has cause to believe a violation of this
Code exists. Inspections shall take place during
the regular business hours of Collier County
Government, or at a time mutually agreed upon
by the Housing Official and the owner, operator
or occupants. Should the owner, agent, operator,
or occupant fail to make the mutually agreed
upon inspection, a final inspection must be
obtained within 30 days of the original inspec-
tion date.
5. The owner, operator, occupant or other
person in control of the dwelling unit, building,
structure or premises shall, upon consent, allow
the Housing Official or designee free and
unrestricted access to all areas subject to the
provisions of this Ordinance for purposes of a full
and complete inspection. In the event that the
Housing Official or designee is denied access or
cannot obtain access to a dwelling unit, building,
structure or premises for purposes of inspection,
the Housing Official or designee is authorized
and directed to seek and obtain an inspection
§ 22-232 COLLIER COUNTY CODE
CD22:64Supp. No. 113
warrant authorizing entry and inspection pursu-
ant to F.S. ch. 933, as it may be amended or
replaced.
(Ord. No. 2010-02, § 9)
Sec. 22-234. Notice of violation
procedures.
Whenever the Housing Official or Code Enforce-
ment Investigator determines that a violation of
this Ordinance exists, the following action shall
be taken:
1. The Housing Official or Code Enforce-
ment Investigator shall provide written
notice of any alleged violation to the
owner, operator or other party responsible
for the
§ 22-234BUILDINGS AND BUILDING REGULATIONS
CD22:64.1Supp. No. 113
1116'/ BUILDINGS AND BUILDING REGULATIONS §22-235
dwelling unit,building,structure or prem- shall be posted in a conspicuous place of
ises. Such written notice of violation shall the premises at which violations are lo-
include the following: cated and at the County courthouse at
a. A description of the location of the least 10 days prior to the hearing or prior
structure involved, either by street to the expiration of any deadline con-
address or legal description; tained in the notice. Posting of the prem-
ises shall be considered adequate even if
b. A statement of the facts supporting the notice is removed by the owner, oper-
the violation and the reason why the ator, occupant or any other unauthorized
notice of violation has been issued; or unidentified person prior to the 10 day
c. A reference to the Section or Sec- time period having lapsed. If the owner
tions of this Ordinance and any ap- does not occupy the premises, a copy of
plicable code or ordinance upon which the notice of violation shall also be pro-
the violation is based; vided to the occupant of the premises.
d. If repairs or alterations will bring 3. The Housing Official is authorized to con-
the structure into compliance with demn any building,dwelling, structure or
this Ordinance, a statement of the accessory structure, which is in violation
nature and extent of such repairs or of this Code and is unsafe,unfit or unsan-
alterations necessary to comply with itary for human occupation and constitute
this article; a dangerous building structure.The Hous-
e. If repairs or alterations are neces- ing Official may placard the premises and
sary for compliance, a specified time order the premises be vacated or closed to
within which such repairs or altera- occupancy when the premises are unsafe,
tions are required to be made; unfit or unsanitary for human occupancy.
The failure of any person to comply with
f. If the violation is of such character
such order within the time designated by
that repairs or alterations cannot said Housing Official shall be subject to
bring the structure into compliance, the penalties of this Ordinance. Any un-
a statement to that effect and an authorized person removing, defacing or
order for vacating the premises with mutilating any such notice, order or plac-
an explanation therefore and a time and as provided for in this Code shall be
frame for vacating the premises; deemed to be in violation of this Code and
g. The name or names of persons upon shall be subject to penalties as provided in
whom the notice of violation is served Section 24 of this Ordinance [Section 22-
as stated in subsection 2. of this 247 of this Article].
Section; (Ord. No. 2010-02, § 10)
h. A statement advising that the fail-
ure to cure the violation within the Sec. 22-235. Method for designation and
time period stated will result in the elimination of hazardous build-
Housing Official taking any and all ings.
action as may be permitted by law to If an appropriate person, as identified under
abate the violation. the definition of Dangerous or Hazardous Build-
2. The notice of violation may be either per- ing,identifies a hazardous or dangerous condition
sonally served upon the owner or served existing within a building or structure, he shall
by certified mail,return receipt requested, make an itemized report of all hazards within the
at the address of the owner as listed in the area of his expertise and certify said report to the
tax collector's office for tax notices. If a Housing Official. The Housing Official shall then
notice of violation sent by certified mail is notify the owner of the offending property, in
returned as unclaimed or refused, notice writing, and demand that said owner cause the
Supp.No.47 CD22:65
22-235 COLLIER COUNTY CODE
hazardous condition to be remedied. The notice tute a threat to the safety of its occupants and/or
may be either personally serviced,upon the owner the general public of Collier County. The specific
or served by certified mail, return receipt re- hazards are as follows:
quested, at the address of the owner listed in tax
collector's office for tax notices. If the building or (Describe/list hazardous conditions)
structure is occupied, the Housing Official shall You are hereby notified that unless the above
also cause a copy of the notice to be provided to dangerous conditions are remedied,so as to make
the occupant or occupants of the property,or upon
the Agent or Operator. In the event that personal the property in compliance with this Ordinance
service upon the owner or his Agent or operator, within thirty (30) days from the date hereof, the
cannot be performed after diligent search, then County will remedy the dangerous condition and
service shall be accomplished by physically post- the cost thereof will be levied as an assessment
ing the notice upon said property at which the against such property. You are further notified
violations are located and at the County court- that should you desire to contest the Housing
house at least 10 days prior to the hearing or prior Official's determination of the existence of a dan-
to the expiration of any deadline contained in the gerous building you may apply for a hearing
notice.Posting of the premises shall be considered before the Code Enforcement Board (CEB) or
adequate even if the notice is removed by the (Special Magistrate of Collier County). Such re
owner, operator, occupant or any other unauthor quest for hearing shall be made in writing to the
ized or unidentified person prior to the 10 day Secretary to the CEB/Special Magistrate within
time period having lapsed. fifteen (15) days from the date of this notice.
(Ord. No. 2010-02, § 11)
After service of the notice,the owner shall have
10 days to remedy the hazardous condition after Sec. 22-236. Standards for the repair or de-
8,,,...obtaining all applicable permits, or the County molition of hazardous building
will remedy the hazardous condition at the com- by the County.
plete cost of the owner. If the owner wishes to 1. If the owner fails to repair the hazardous
contest the Housing Official's determination of condition within thirty(30) days of service of the
the existence of a hazardous building he may notice that a hazardous condition exists,or within
apply for a hearing before the Code Enforcement fifteen(15)days of the final determination by the
Board or Special Magistrate of Collier County Code Enforcement Board or Special Magistrate
within fifteen(15)days from the date of service of that a hazardous condition exists,then the Hous-
the notice.The notice shall be in substantially the ing Official shall, in ordering the repair or demo-
following form: lition of dangerous buildings, be guided by the
following:
NOTICE OF DANGEROUS BUILDING
a. Whether the interior walls or other verti-
DATE: cal structure members list,lean or buckle
to the extent that plumb line passing
NAME OF OWNER: through its center of gravity falls outside
of the middle third of its base; or
ADDRESS OF OWNER:
b. Whether the non-supporting, enclosing,
Our records indicate that you are the owner(s)of or outside walls or covering, exclusive of
the following property in Collier County, Florida. the foundation, evidences 33% or greater
damage to or deterioration; or
(Describe property by legal description c. Whether a structure exists in violation of
or address) any provision of the Building Code or any
An inspection of this property discloses, and I other ordinance of the County.
have found and determined,that a hazardous and If the building is unoccupied and it is
dangerous building exists thereon so as to consti- deemed that demolition is not feasible,
Supp.No.47 CD22:6(6 ,
�./ BUILDINGS AND BUILDING REGULATIONS §22-239
the building should be secured in accor- whereupon,it was remedied by Collier County at
dance with the section of this ordinance a cost of $ ; such cost, has been
regulating the boarding of vacant build- assessed against the above property, in the same
ings or dwellings. manner as a tax lien in favor of Collier County on
(Ord. No. 2010-02, § 12) , 20 .You may request a hear-
ing before the Code Enforcement Board or Special
Sec. 22-237. Assessment of costs to owner Magistrate to show cause, if any, why the ex-
when abatement executed by penses and charges incurred by the County under
County. this Ordinance are excessive or unwarranted or
why such expenses should not constitute a lien
1. If the owner fails to remedy the hazardous against the property.
condition,the County shall remedy the hazardous Such lien shall be enforceable in the same
condition and notify the owner of the expense
incurred by certified mail, return receipt re- manner as a tax lien in favor of Collier County
quested at the address of the owner as listed in and may be satisfied at any time by payment
the tax collector's office for tax notices.The Hous- thereof including accrued interest. Notice of such
ing Official shall then certify to the Code Enforce- lien shall be filed in the office of the Clerk of the
ment Board or Special Magistrate the expense Circuit Court and recorded among the public
incurred in remedying the violation, whereupon records of Collier County, Florida.
such expense shall become payable within thirty 2. If the owner feels that the expense certified
(30) days. If the owner fails to pay the expense by the Housing Official for correcting the hazard-
incurred within the prescribed time limit, the ous condition is excessive, he may appeal the
Code Enforcement Board or Special Magistrate amount assessed by filing a written notice of
shall assess a lien and charge upon the property appeal with the County Manager, with a copy to
which shall be payable with interest at the legal the Housing Official,within ten(10)working days
rate as of the date of certification by the Housing after the notice of assessment. The owner may
Official. The notice of assessment shall be in then appear before the Board and present facts
substantially the following form: supporting his position. Thereafter, the decision
of the Board shall be final.
LEGAL NOTICE OF ASSESSMENT 3. The Property Appraiser shall keep complete
DATE: records relating to the amount payable for liens,
above described, and the amount of such lien
NAME OF OWNER: shall be included in tax statements thereafter
ADDRESS OF OWNER: submitted to the owners of lands subject to such
liens.
You, as the owner of record of the following (Ord. No. 2010-02, § 13)
property;
Sec. 22-238. Notice for the vacation of haz-
(Describe property) ardous buildings.
Are hereby advised that Collier County, Florida If a dangerous or hazardous building exists, to
did on the day of 20_, the extent that it causes danger of imminent peril
order that the hazardous or dangerous condition to life and health,the Code Enforcement Board or
which existed on the above property be remedied, Special Magistrate may order the building to be
and sending you notice thereof, the specific haz- vacated.
ards being: (Ord. No. 2010-02, § 14)
Sec. 22-239. Responsibility for property
(Itemize Hazards) maintenance.
A copy of such notice has been sent to you. You Every owner of real property within unincorpo-
have failed to remedy the hazardous condition; rated Collier County is required to maintain such
Supp.No.27 CD22:67
�s 22-239 COLLIER COUNTY CODE
property in a manner so as not to violate the to be placed thereon, and it shall be
provisions of this ordinance, and such owner maintained in sound condition and
remains liable for violations thereof regardless of repair.
any contract or agreement with any third party g. Every supplied plumbing fixture and
regarding such property. water and waste pipe shall be prop-
(Ord. No. 2010-02, § 15) erly installed and maintained in san-
itary working condition, free from
Sec. 22-240. Responsibilities of owners of defect, leaks, and obstruction.
nonresidential structure, va-
cant buildings, vacant strut- h. Every toilet,restroom and bathroom
tures,and vacant or unimproved floor shall be constructed and main-
lots. tained so as to be reasonably imper-
vious to water, and such floors shall
All owners of nonresidential structures,vacant be kept in a clean and sanitary con-
buildings,vacant structures and vacant or unim- dition.
proved lots shall comply with the following re- i. Every supplied facility,piece of equip-
quirements: ment or utility which is required
1. Nonresidential Structures: under this chapter shall be so Ion-
a. All nonresidential structures shall strutted and installed that it will
be watertight,weather tight,insect- function safely, and effectively, and
proof and in good repair. shall be maintained in good working
condition.
b. Every foundation, exterior wall and j. All exterior surfaces shall be pro-
roof shall be reasonably watertight, tected from decay by painting or
weather-tight and rodent-proof,shall
treat-
adequately support the building at other protective covering or
all times,and shall be in a workman- ment. Substantial evidence of mold-
like state of maintenance and repair. ing or chipping of the exterior sur
face will be required to be treated,
c. Every interior partition, wall, floor repainted or both.All siding shall be
and ceiling shall be reasonably tight weather-resistant and watertight.
and maintained in a workmanlike k. No abandoned,unlicensed or inoper-
state of repair and in a clean and ative vehicle shall be permitted on
sanitary condition. commercial or nonresidential prop-
d. All rainwater shall be so drained erty in view of the general public.
and conveyed from every roof, and 1. Exterior Lighting. All outdoor light-
the lot shall be graded and drained, ing shall be in compliance with the
as not to cause dampness in the following: a) non-vehicular light
walls, ceilings, floors or basement of sources that shine into the eye of
a structure. drivers of vehicles or pedestrian which
e. Every window, exterior door shall be could impair safe traverse are pro-
reasonably weather-tight,watertight, hibited; b) all lighting shall be
and rodent-proof and shall be main- shielded and aimed at owner's pre-
tained in sound condition and repair, mises or sidewalk and shall not cre-
and secured with proper hardware. ate an adverse affect on adjacent
f. Every inside and outside stairway, properties.
every porch and every appurtenance m. Landscaping maintenance. Where
thereto shall be constructed to be landscaping plans have been specif-
safe to use and capable of supporting ically incorporated and approved in
the load that normal use may cause a development plan, the landscape
Supp.No.27 CD22:68
BUILDINGS AND BUILDING REGULATIONS §22-240
areas shall be maintained in a man- sign removal prior to adoption
ner equal to the original landscaping of this article, such supporting
approval. member shall be removed within
n. Accessory structures. Garages, stor three months of the effective
age buildings and all other accessory date of this ordinance. Nothing
structures shall be maintained in in this subsection shall be con
good repair and sound structural con- strued to authorize any en
dition. Structures, attached or unat-
tached to the principal structure, walks or other parts of the public
which are found by the building of-
right-of-way.
ficial to be structurally deficient,shall (4) Where parking areas are to be
be repaired or demolished within the barricaded to prohibit vehicu-
timeframe set by the notice of such lar travel, it shall be accom-
condition. Maintenance of accessory plished by installation of park-
structures shall comply with the fol- ing bumpers pinned to the
lowing: pavement.
(1) The exterior of the building and 2. Structures and Unimproved Lots:
premises to include but not lim-
ited to parking areas and land- a. Every owner of a building, structure
scaping areas shall be main- or lot,vacant or occupied, shall keep
tained in a sound, clean and the premises in clean and sanitary
neat condition. condition, including yards, lawn,
(2) Signs shall be maintained in courts and driveways. Any dead or
good condition. Where the sign dying landscaping must be replaced
structure remains,the sign faces and maintained. Uneven or dam-
are to be placed with black pan- aged surfaces with or without holes
els (permit required). The de- must be repaired.
sign and color is subject to ap- b. Exterior premises shall be kept free
proval by the Building from the excessive growth of weeds,
Department under the applica- grass and other flora.
ble development regulations.
(3) All advertising structures, aw- c. Every owner of a building, structure
nings and accompanying sup- or lot, previously improved or occu-
port members shall be main pied, shall grade and maintain the
tained in good repair and shall exterior premises so as to prevent
not constitute a nuisance or the accumulation of stagnant water
safety hazard.Advertising struc thereon, except for permitted storm
tures or awnings not properly water management detention/reten-
maintained in accordance with tion purposes.
this subsection shall be re- d. Unauthorized motor vehicles are pro-
moved. Awnings or marquees hibited from parking on or driving
made of cloth, plastic or a sim- across any portions of a vacant lot,
ilar material shall not show ev- except for areas designated and ap-
idence of tearing, ripping or proved by the County.
holes. Upon removal of adver-
tising structure or awning, all e. Animals and pets shall not be kept
supporting members shall be on the premises in such manner as
removed. Where supporting to create unsanitary conditions or
members have been left from constitute a public nuisance.
Supp.No.27 CD22:69
Loi
22-240 COLLIER COUNTY CODE
f. Every owner of a building, structure cilities in accordance with the Col-
or lot shall keep the premises rea- her County Land Development Code
sonably free from rodents, insects and shall be treated with a stabi-
and vermin. lized surface. Such facilities must be
g. The roof of every building or struc- maintained in good condition and
ture shall be well drained of rainwa- repairs to the parking surfaces must
ter. be made with like material.Parking
shall be limited to designated areas
h. All exterior surfaces shall be prop- (striped parking spaces) and said
erly maintained and protected from areas must be clearly marked.At no
the elements by paint or other ap- time should the rights-of-way be uti-
proved protective coating applied in lized for storage or parking of cus-
a workmanlike fashion. tomer, employee or company vehi-
i. Every owner of a building, structure des parking,nor shall any item(s)be
or lot, vacant or occupied, shall be placed, abandoned or allowed to re-
responsible for removing any unau- main in any right-of-way.
thorized obsolete, non-complying or (Ord. No. 2010-02, § 16)
any deteriorated signs, posters and
graffiti from the building's exterior. Sec. 22-241. Certificate required for board-
j. All signs must be maintained and ing building.
comply with the provisions of the 1. A certificate of boarding is required for all
Land Development Code. Should a buildings that are boarded. The fee for certificate
wall sign be removed, the wall sur- of boarding shall be set by resolution of the Board
face must be painted in a workman- of County Commissioners.
like fashion in the same color as the
adjacent exterior walls of the build- 2. No person shall erect,install,place,or main-
ing to remove any shadowing cre- tain boards over the doors, windows, or other
ated by the removed sign. openings of any building or structure or otherwise
secure such openings by a means other than the
k. All materials used to board or secure conventional method used in the original construc-
a vacant building against entry shall tion and design of the building or structure with-
be painted in a workmanlike fashion out first applying for and, within 30 days of
in the same color as the adjacent application, completing all of the steps necessary
exterior walls of the building. for the issuance of a boarding certificate, and
1. Every owner of a building or struc- thereafter having a valid and current boarding
ture that is vacant and unsecured certificate issued by the county.
shall secure and maintain in secure 3. The Code Enforcement Department shall
condition all entrances and all other issue a boarding certificate upon the submission
openings of such building or struc- of a written application by the owner of the
ture including, but not limited to, property or his authorized representative or con-
windows and doorways. tractor;upon the payment of the required fee;and
m. Whenever any ground floor window upon the confirmation, through inspection by a
of a vacant commercial storefront is Code Enforcement Investigator,that the boarding
found to be shattered,cracked,miss- or other method of securing the building or struc-
ing or broken, the owner of such ture has been done in compliance with this ordi-
building shall repair or replace the nance.
window. 4. The boarding certificate issued pursuant to
n. All non-residential and commercial this section shall authorize the boarding or other
properties must provide parking fa- securing of a building or structure for a period of
Supp.No.27 CD22:70
BUILDINGS AND BUILDING REGULATIONS §22-243
no greater than six months from the date of the of hearing for the revocation of a renewal
issuance.Renewal of the boarding certificate may certificate shall be done in accordance
be granted by Code Enforcement Director or des- with this Ordinance.
ignee after the initial six-month period for an
additional six months. A property owner or his 5. A boarding certificate may not be extended
representative or contractor seeking renewal of beyond the renewal period except upon demon-
the boarding certificate must file written request stration that good cause for the renewal exists.
with the Code Enforcement Department no later Good cause shall require a showing by the owner
than ten business days prior to the expiration of that the certificate renewal is made necessary by
the original certificate.The issuance of a renewal conditions or events beyond the owner's control,
boarding certificate shall be subject to all of the such as inability to obtain financing for repair or
following conditions: rehabilitation, unanticipated delays in construc-
tion or rehabilitation,or unanticipated damage to
a. The boarding or other method of securing the property.In addition,where appropriate,good
the building or structure has been done in cause shall also require a showing by the owner
compliance with this Ordinance, as con- that the owner has exercised reasonable and due
firmed by a Code Enforcement Investiga diligence in attempting to complete the needed
tor after inspection of the building or correction,repair,or rehabilitation,or is attempt-
structure by the investigator. ing to sell the property. If the Code Enforcement
Board or Special Magistrate determines that there
b. The owner or his authorized representa- exists good cause to renew the certificate, the
tive or contractor has submitted to Code certificate may be renewed by the Code Enforce-
Enforcement, 10 days prior to the expiry ment Board or the Special Magistrate for a period
tion of the original certificate, a detailed of up to, but not more than, an additional six
plan for correction, repair, or rehabilita- months, subject to all of the same conditions
tion of violations of state or local building imposed on the original renewal certificate.
and housing standards and for the secur-
6. No occupied building shall be permitted to
ing of the doors,windows,and other open be boarded for a period greater than 60 days.
ings by the conventional method used in (Ord. No. 2010-02, § 17)
the original construction and design of
the building or structure or,alternatively,
a detailed plan for sale of the property to Sec. 22-242. Nuisances specified.
another person or entity with provision in
the sale of correction, repair, or rehabili- It is declared unlawful and a public nuisance
tation. for any owner of any property in the County to
allow any vacant and unoccupied building that
c. The owner or his authorized representa- has doors, windows, or other openings broken or
tive or contractor has submitted to Code missing, allowing access to the interior, on his
Enforcement, prior to the hearing, a time property which is not secured in compliance with
line for applying for all appropriate per- this Ordinance.
mits for such work and for completing (Ord. No. 2010-02, § 18)
such work prior to the expiration of the
renewal certificate or,alternatively,a time Sec. 22-243. Standards for securing build-
line for the sale of the property. ing.
d. The renewal certificate may be revoked 1. Compliance with county specifications. The
by the Code Enforcement Board or Spe- boarding of the doors,windows,or other openings
cial Magistrate if the owner fails to corn- of any building or structure, or any means of
ply with the plan for such work or fails to securing such openings,other than by the conven-
adhere to the submitted time line. Notice tional method used in the original construction
Supp.No. 27 CD22:71
S2-243 COLLIER COUNTY CODE
and design of the building or structure, shall 2. Property that is under the jurisdiction of
comply with the specifications as required by this the Code Enforcement Board (CEB), pur-
Ordinance. suant to an order rendered by the CEB.
2. Additional requirements. In connection with 3. County-initiated boarding and securing.
the boarding of the doors, windows, or other (Ord. No. 2010-02, § 20)
openings of any building or structure, or any
means of securing such openings, other than by
the conventional method used in the original Sec. 22-245. Costs incurred by County; as-
construction and design of the building or struc- sessment of lien.
ture, the owner shall also comply with all of the
following requirements: All costs incurred by the County for actions
taken by the County to cure violations of this
a. All electrical service to the building or Ordinance shall be charged and billed to the
structure shall be shut off for safety pre- person in violation of this Ordinance. Unless
cautions.Compliance with this subsection payment is made within 30 days of such billing,
may be waived in writing by the Building the Code Enforcement Board or Special Magis-
Official or designee as to the electric util- trate shall assess against the property a lien in
ity service if electricity is needed to power the amount of the charges outstanding. Assess-
exterior security lighting, an alarm sys- ment liens levied in this manner shall be filed
tern, or equipment to be used in connec- with the Clerk of Courts and in the public records
tion with the rehabilitation of the build- of the County as a lien against the property and
ing or structure for which there is an shall be prior in dignity to all other liens against
active and current building permit. the property, save and except a lien for taxes.
b. The sewer shall be capped in a manner Such assessments shall bear interest at the legal
approved by the County so as to prevent rate and such liens may be foreclosed in the same
the accumulation of methane gas in the manner in which mortgage liens are foreclosed.
building or structure. (Ord. No. 2010-02, § 21)
c. The interior of the building or structure
shall be cleaned of all trash, junk, gar- Sec. 22-246. Notice of hearing for revoca-
bage, debris, and solid waste, and per tion of boarding renewal certif-
sonal possessions shall be removed from irate.
the interior of the building or structure,so
as to eliminate any fire or health hazard 1. The Secretary to the Code Enforcement Board
and to prevent hindrance to firefighting or Special Magistrate shall send out a Notice of
equipment or personnel in the event of a Hearing to the owner or his authorized represen-
fire. tative by either certified mail, return receipt
(Ord. No. 2010-02, § 19) requested,hand delivery upon a party,posting on
the property and at the courthouse, or in any
Sec. 22-244. Exceptions to boarding require- manner authorized as provided by the Ordinance
establishing the Code Enforcement Board or Spe-
ments. cial Magistrate, as appropriate. The Secretary to
A boarding certificate shall not be required in the Board shall provide Notice to the owner as
the following circumstances: herein provided at least ten(10)days prior to the
hearing at which the revocation consideration
1. Temporary emergency situations, includ- will be presented.A copy of said Notice shall be
ing, but not limited to, an activation of a sent to the supervisor of the Code Enforcement
Local State or Federal response plan,hur- Investigator involved, the Code Enforcement In-
ricane preparation and damage caused by vestigator involved and if applicable,the attorney
local weather. for the Board.
Supp.No.27 CD22:72
BUILDINGS AND BUILDING REGULATIONS §22-287
2. The Notice of Hearing shall inform the damages.Further,nothing in this Section shall be
property owner that he or she is permitted to construed to prohibit the County from prosecut-
provide an evidentiary packet of information to ing any violation of this Ordinance by means of a
the Secretary to the Board or Special Magistrate Code Enforcement Board or Special Magistrate
for distribution prior to the Hearing. In order to established pursuant to the authority of F.S. ch.
have the information provided to the reviewing 162.
body prior to the Hearing, the property owner All remedies and penalties provided for in this
should submit fifteen (15) copies of his or her Section shall be cumulative and independently
information to the Secretary to the Board five(5) available to the County and the County shall be
days prior to the scheduled hearing. The Secre- authorized to pursue any and all remedies set
tary to the Board shall distribute the evidentiary forth in this Section to the full extent allowed by
packet to the reviewing body. If the Code Enforce- law.
ment Investigator intends to provide an evidentiary (Ord. No. 2010-02, § 22)
packet prior to the Hearing,the evidentiary packet
must be delivered to the property owner along Secs. 22-248-22-255. Reserved.
with the Notice of Hearing. The Secretary to the
Board shall not deliver his or her evidentiary
packet to the reviewing body until he or she ARTICLE VII. RESERVED*
receives the owner's evidentiary packet or until Secs. 22-256--22-285. Reserved.
the deadline by which the owner's packet of
information must be received by the Secretary
has passed.If the owner timely delivers his or her ARTICLE VIII. COASTAL ZONE
evidentiary packet, the Secretary to the Board PROTECTIONt
shall deliver all preliminary evidentiary packets
together. Sec. 22-286. Title.
`" (Ord. No. 2010-02, § 22) The provisions contained in this article shall
constitute the coastal construction code for con-
Sec. 22-247. Penalties. struction within the coastal building zone and
coastal barrier islands in the county, and shall be
If any person, firm or corporation, whether referred to as the "Collier County Coastal Zone
public or private,or other entity fails or refuses to Protection Ordinance."
obey or comply with or violates any of the provi (Ord. No. 87-20, § 1)
sions of this Ordinance, such person, firm, corpo-
ration or other entity, upon conviction of such Sec. 22-287. Definitions.
offense, shall be guilty of a misdemeanor and The following words, terms and phrases,when
shall be punished by a fine not to exceed Five used in this article, shall have the meanings
Hundred Dollars ($500.00) or by imprisonment ascribed to them in this section, except where the
not to exceed Sixty(60)days in the County Jail,or context clearly indicates a different meaning:
both,in the discretion of the Court.Each violation
or non-compliance shall be considered a separate Beach means the zone of unconsolidated mate
and distinct offense. Further, each day of contin rial that extends landward from the mean low
ued violation or non-compliance shall be consid- *Editor's note—Ord.No.2004-58,§23,adopted Sept.21,
ered as a separate offense. 2004,repealed art.WI§§22-256-22-265,entitled,"Housing
Code",which derived from:Ord.No. 89-06,§§ 1-8;Ord.No.
Nothing herein contained shall prevent or re- 96-76,§§ 1,2,4;Ord.No.99-58,§1;Ord.No.0-205,§1;Ord.
strict the County from taking such other lawful No. 02-05,§ 1;and Ord.No. 05-70,§ 1.
action in any court of competent jurisdiction as is tCross references—Floods, ch. 62; planning, ch. 106;
necessary to prevent or remedy any violation or waterways,ch. 146.
non-compliance. Such other lawful actions shall Land development code references—Private boat-
houses and docks,§2.6.21;sea turtle protection,div. 3.10.
include, but shall not be limited to, an equitable State law references—Coastal zone protection, F.S.
action for injunctive relief or an action at law for §161.52 et seq.;local coastal construction codes,F.S.§161.56.
Supp.No.48 CD22:73
L. 22-287 COLLIER COUNTY CODE
water line to the place where there is marked (8) The Ten Thousand Islands,including,but
change in material or physiographic form, or to not limited to, Coon Key, Tripod Key, Hog
the line of permanent vegetation, usually the Key, Panther Key, Round Key, Neal Key,
effective limit of storm waves. "Beach" is alterna- and Ramsey Key.
tively termed "shore." Coastal building zone means:
Breakaway wall or frangible wall means a (1) For mainland areas which front directly
partition independent of supporting structural upon the open waters of the Gulf of Mex-
members that will withstand design wind forces, ico, the land area between the seasonal
but which will fail under hydrodynamic, wave high-water line and a line 1,500 feet land-
and runup forces associated with the design storm ward from the coastal construction con-
surge. Under such conditions, the wall shall fail trol line.
in a manner such that it breaks up into compo-
nents which minimize the potential for damage to (2) For mainland areas where a coastal con-
life or adjacent property. It shall be a character- struction control line has not been estab-
istic of a breakaway or frangible wall that it shall lished, the coastal building zone shall be
have a horizontal design loading resistance of no the land area seaward of the most land-
less than ten nor more than 20 pounds per square ward velocity zone(V-zone)boundary line
foot. established by Federal Emergency Man-
agement Agency and shown on the flood
Building support structure means any struc- insurance rate maps.
ture which supports floor, wall or column loads, (3) For coastal barrier islands, the land area
and transmits them to the foundation. The term between the seasonal high-water line and
shall include beams, grade beams or joists, and a line 5,000 feet landward from the coastal
'ncludes the lowest horizontal structural member construction control line or the entire is
' xclusive of piles, columns or footings. land, whichever is less.
Coastal barrier islands means geological sur- (4) For coastal barrier islands on which no
face features above mean high water which are coastal construction control line has been
completely surrounded by marine waters, that established, the land area seaward of the
front upon the open waters of the Gulf of Mexico most landward velocity zone (V-zone)
and are composed of quartz sands, clays, lime- boundary line established by the Federal
stone, oolites, rock, coral, coquina, sediment, or Emergency Management Agency and
other material,including spoil disposal.Mainland shown on the flood insurance rate maps.
areas which are separated from the mainland by
artificial channelization for the purpose of assist- Coastal construction control line means the
ing marine commerce shall not be considered landward extent of that portion of the beach-dune
coastal barrier islands. For purposes of this arti system which is subject to severe fluctuations
cle,the term coastal barrier island includes,but is based upon a 100-year storm surge, storm waves,
not limited to, the following: or other predictable weather conditions as estab-
lished by the department of natural resources in
(1) Barefoot Beach/Little Hickory Island. accordance with F.S. § 161.053.
(2) Keewaydin Island. Coastal or shore protection structure means
(3) Cannon Island. shore-hardening structures,such as seawalls,bulk-
heads, revetments, rubble mound structures,
(4) Marco Island. groins, breakwaters and aggregates of materials
other than beach sand used for shoreline protec-
(5) Kice Island. tion;beach and dune restoration;and other struc-
(6) Cape Romano Island. tures which are intended to prevent erosion or
protect other structures from wave and hydrody-
(7) Helen Key. namic forces.
L°gupp. No.48 CD22:74
BUILDINGS AND BUILDING REGULATIONS §22-287
Column action means the potential elastic in-
stability in piles or columns resulting in axial or
lateral bending of the member due to compressive
stress.
Construction means the building of or substan-
tial improvement to any structure or the clearing,
filling or excavation of any land. It shall also
mean any alterations in the size or use of any
existing structure or the appearance of any land.
When appropriate to the context, "construction"
refers to the act of construction or the result of
construction.
Dune means a mound or ridge of loose sedi-
ments, usually sand-sized, deposited by natural
or artificial means, which lies landward of the
beach.
FEMA Flood Insurance Rate Map "V"(velocity)
zone means the area where high-energy dynamic
wave action occurs and is shown as the "V" or
velocity zone in the flood insurance rate maps
[The next page is CD22:83]
Supp.No.48 CD22:75
BUILDINGS AND BUILDING REGULATIONS § 22-288
pared and forwarded to the county by the Federal cent chance of being equaled or exceeded in any
Emergency Management Agency. given year, during any 100-year interval.
Major structure includes but is not limited to Seasonal high-water line means the line formed
residential buildings, including mobile homes, by the intersection of the rising shore and the
commercial, institutional, industrial and other elevation of 150 percent of the local mean tidal
construction having the potential for substantial range above mean high water.
impact on coastal zones.
State minimum building code means the
Mean high-water line means the intersection of building code adopted by the county pursuant to
the tidal plane of mean high water with the shore. the requirements of F.S. § 553.73.
Mean high water is the average height of high
waters over a 19-year period. Substantial improvement means any repair, re-
construction or improvement of a structure, the
Minor structure includes but is not limited to cost of which equals or exceeds cumulative total
pile-supported,elevated dune and beach walkover of 50 percent of the market value of the structure
structures; beach access ramps and walkways; either:
stairways; pile-supported elevated viewing plat-
forms,gazebos and boardwalks;lifeguard support (1) Before the repair or improvement is started;
stands;sidewalks,driveways,parking areas,shuf- or
fleboard courts,tennis courts,handball courts,rac- (2) If the structure has been damaged and is
quetball courts and other uncovered paved areas; being restored,before the damage occurred.
earth retaining walls;sand fences,privacy fences,
ornamental walls, ornamental garden structures, For the purposes of this definition, "substantial
aviaries, and other ornamental construction. It improvement"is considered to occur when the first
shall be a characteristic of minor structures that alteration of any wall,ceiling,floor or other struc-
they are considered to be expendable under de- tural part of the building commences, whether or
sign wind, wave and storm forces. not that alteration affects the external dimen-
Mobile home means manufactured housing sions of the structure. The term does not, how
which conforms to the Federal Manufactured ever, include either any project for improvement
Housing Construction and Safety Standards or the of a structure to comply with existing state or
Uniform Standards Code ANSI A-119.1 pursuant local health, sanitary or safety code specifications
to F.S. § Stand 320.823. which are solely necessary to assure safe living
conditions; or any alteration of a structure listed
Nonhabitable major structure includes but is not on the National Register of Historic Places or the
limited to swimming pools;parking garages;pipe- state inventory of historic places.
lines;piers;canals, lakes,ditches,drainage struc- (Ord. No. 87-20, § 6)
tures,and other water retention structures;water Cross reference—Definitions generally, § 1-2.
State law reference—Definitions for state requirements,
and sewage treatment plants; electrical power F.S. § 161.54.
plants,transmission and distribution lines,trans-
former pads, vaults, and substations; roads,
bridges, streets, and highways; and underground Sec. 22-288. Civil enforcement.
storage tanks. In addition to any criminal penalties which may
NGVD means National Geodetic Vertical be sought or imposed pursuant to this article, the
Datum, a geodetic datum established by the Na- county shall have recourse to such remedies in
tional Ocean Service and frequently referred to as law and equity as may be necessary to ensure
the 1929 Mean Sea Level Datum. compliance with the provisions of this article, in-
cluding,but not limited to, injunctive relief to en-
100-year storm means a shore incident hurri- join and restrain any person from violating this
cane or any other storm with accompanying wind, article.
wave and storm surge intensity having a one per- (Ord. No. 87-20, § 11)
CD22:83
§ 22-289 COLLIER COUNTY CODE
Sec. 22-289. Findings of fact. Sec. 22-290. Purpose and legislative intent.
The board of county commissioners hereby
makes the following findings of fact which sup- The purpose of this article is to provide min
port the establishment of a coastal building zone imum standards for the design and construction
and the imposition of construction standards re- of buildings and structures to reduce the harmful
lating thereto: effects of hurricanes and other severe storms oc-
curring along the coastal area of the county which
(1) Coastal areas play an important role in pro- fronts on the Gulf of Mexico. These standards are
tecting the ecology and the public health, intended to specifically address design features
safety and welfare of the citizens of the which affect the structural stability of the beach,
county, but in recent years the county's dunes and topography of adjacent properties. It is
coastal areas have been subjected to in- therefore the intent of this article that the coastal
creasing growth pressures;and unless these building zone, beach and coastal barrier islands
pressures are controlled, the very features be managed through the imposition of strict con-
which make coastal areas economically,aes- struction standards in order to minimize damage
thetically and ecologically rich will be de- to the natural environment,private property and
stroyed. life.
(2) Coastal areas form the first line of defense (Ord. No. 87-20, § 3)
for the mainland against both winter storms
and hurricanes in that the dunes of coastal
areas perform protective functions for public Sec. 22-291. Notice as to conflicting ordi-
and private property,but placement of per- nance provisions.
manent structures in these protective areas
may lead to increased risks to life and prop- This article is not intended to encompass all
erty and increased costs to the public. building regulations to which a person may be
Coastal areas often protect lagoons, salt subject during or prior to construction. Some pro-
marshes, estuaries, bays, marine habitats visions of this article may be duplicative or may
and the mainland from the direct action of conflict with other county ordinances, including
ocean waves or storm surges; absorb the but not limited to the county flood prevention or-
forces of oceanic activity;protect calmer wa- dinance (chapter 62, article II of this Code). This
ters and stable shores;and are dynamic geo- article is not intended and shall not be construed
logic systems with topography that is sub- to exempt any person from the requirements of
ject to alteration by waves, storm surges, the flood prevention ordinance or other applicable
flooding or littoral currents. ordinances.Where requirements conflict,the more
(3) Coastal areas are one of the county's most restrictive requirement shall apply.No provisions
valuable resources and have extremely high in this article shall be construed to permit any
recreational and aesthetic value which construction in any area prohibited by city,county,
should be preserved and enhanced. Coastal state or federal regulation.
areas provide a unique habitat for birds, (Ord. No. 87 20, § 4)
wildlife,marine life,and plant life and pro-
tect waters that are vital to the food chain. Sec. 22-292. Scope and applicability.
(4) It is anticipated that there will be a tre-
mendous cost to the county and state for (a) Applicability. The requirements of this ar-
postdisaster redevelopment in the coastal tide shall apply to the following types of construc-
areas, but the costs can be reduced by pre- tion in the coastal building zone and on coastal
ventive measures which should be taken barrier islands in the county:
on a continuing basis in order to reduce the
harmful and costly consequences of natural (1) The new construction of, or substantial im- —�
and manmade disasters or emergencies. provement to major structures, nonhabit-
(Ord. No. 87-20, § 2) able major structures,and minor structures.
CD22:84
BUILDINGS AND BUILDING REGULATIONS § 22-295
(2) Construction which would change or other- Sec. 22-293. Appeal.
wise have the potential for substantial im-
pact on coastal zones (i.e., excavation, (a) An owner of a building or structure, or his
grading, paving, etc.). duly authorized agent, may appeal a decision of
the building code compliance director, in accor-
(3) Construction located partially within the dance with the provisions of this section,where it
coastal building zone. is alleged that:
(4) Reconstruction,redevelopment or repair of (1) The building code compliance director has
a damaged structure from any cause which refused to approve the mode or manner of
meets the definition of substantial improve construction proposed to be followed or ma
ment. terials to be used in the erection or alter-
ation of that building or structure;
(b) Exceptions. The requirements of the coastal (2) It is alleged that the provisions of this ar-
code shall not apply to the following: tide do not apply to the structure, in part
(1) Minor work in the nature of normal beach or in whole;
cleaning and debris removal. (3) It is alleged that an equally good or more
desirable form of construction can be em-
(2) Structures in existence prior to the effec- ployed in a specific case to comply with the
tive date of the ordinance from which this provisions of this article; or
article was derived, except for substantial
improvements. (4) It is alleged that the true intent and
meaning of this article or any of the provi-
(3) Construction for which a valid and unex- sions thereunder have been misconstrued
pired building permit was issued prior to or wrongly interpreted or applied by the
the effective date of the ordinance from building code compliance director.
which this article was derived.
(b) An appeal as provided hereunder shall be
(4) Construction extending seaward of the sea- made to the board of adjustments and appeals and
sonal high-water line which is regulated by shall comply with all procedures and requirements
the provisions of F.S. § 161.041 (i.e.,groins, as established for the board of adjustments and
jetties,moles,breakwaters,seawalls,piers, appeals.
revetments, beach nourishment, inlet (Ord. No. 87-20, § 12)
dredging, etc.).
Sec. 22-294. Application for permits; certifi-
(5) Construction of nonhabitable major struc- cation by architect or engineer.
tures, except for the requirements of sec-
tion 22-295(c). Applications for building permits for all con-
struction in the coastal building zone shall be cer-
(6) Construction of minor structures,except for tified by an architect or professional engineer reg-
the requirements of section 22-295(d). istered in the state. Such certification shall state
that the design plans and specifications for the
(7) Structures listed in the National Register construction are in compliance with the require-
of Historic Places or the state inventory of ments and criteria established by this article.
historic places. (Ord. No. 87-20, § 7)
(8) Construction for improvement of a major Sec. 22-295. Coastal construction require-
structure to comply with existing state or ments.
local health, sanitary or safety code speci-
fications which are solely necessary to as- (a) General. Construction within the coastal
sure safe living conditions. building zone and on coastal barrier islands shall
(Ord. No. 87-20, § 5) meet the requirements of this article. All struc-
CD22:85
§ 22-295 COLLIER COUNTY CODE
tures shall be designed so as to minimize damage dance with the requirement of section 1205
to life,property and the natural environment.As- of the 1986 revisions to the 1985 Standard
sistance in determining the design parameters to Building Code using a minimum fastest-
minimize such damage may be found in the fol- mile wind velocity of 110 miles per hour.
lowing reference documents: (5) Foundations. The elevation of the soil sur-
face to be used in the design of foundations,
(1) Shore Protection Manual,U.S.Army Corps calculation of pile reactions and bearing ca-
of Engineers, 4th edition, 1984. pacities shall not be greater than that which
(2) U.S. Department of the Army, Coastal En- would result from the erosion reasonably
gineering Research Center's Technical Pa- anticipated as a result of design storm con-
pers and Reports. ditions. Foundation design and construc-
tion of a major structure shall consider all
(3) Florida Department of Natural Resources, anticipated loads acting simultaneously
Division of Beaches and Shores Technical with live and dead loads. Erosion computa-
and Design Memoranda. tions for foundation design shall account
(4) Naval Facilities Engineering Command De for all vertical and lateral erosion and scour
sign Manual, NAVFAC DM-26, U.S. De- producing forces, including localized scour
partment of the Navy. due to the presence of structural compo-
nents. Foundation design and construction
(5) Coastal Construction Manual, Federal shall provide for adequate bearing capacity
Emergency Management Agency, Feb- taking into consideration the type of soil
ruary, 1986. present and the anticipated loss of soil above
(b) Structural requirements for major structures: the design grade as a result of localized
scour. Erosion computations are not re-
(1) Design and construction. Major structures, quired landward of coastal construction con-
except for mobile homes, shall be designed trol lines established or updated since June
and constructed in accordance with section 30, 1980. Upon request the department of
1205 of the 1986 revisions to the 1985 Stan- natural resources may provide information
dard Building Code using a fastest-mile as to those areas within coastal building
wind velocity of 110 miles per hour. Major zones where erosion and scour of a 100-year
structures, except mobile homes, shall also storm event is applicable.
comply with the applicable standards for (6) Wave forces. Calculations for wave forces
construction found elsewhere in the resulting from design storm conditions on
building code. building foundations and superstructures
(2) Mobile homes. Mobile homes shall conform may be based upon the minimum criteria
to the Federal Mobile Home Construction and methods prescribed in the Naval Facil
and Safety Standards or the Uniform Stan- ities Engineering Command Design
dards Code ANSI A119.1, pursuant to F.S. Manual,NAVFAC DM-26,U.S.Department
§ 320.823, as well as the requirements of of Navy;Shore Protection Manual,U.S.De
subsection (3) of this subsection. partment of the Army Corps of Engineers;
U.S. Department of the Army Coastal En-
(3) Elevation, floodproofing and siting. All gineering Research Center Technical Pa-
major structures shall be designed, con- pers and Reports;the Technical and Design
structed and located in compliance with the Memoranda of the Division of Beaches and
National Flood Insurance Regulations as Shores, Florida Department of Natural Re-
found in 44 CFR parts 59 and 60 or chapter sources; or other professionally recognized
62,article II of this Code,whichever is more methodologies which produce equivalent de-
restrictive. sign criteria.
(4) Velocity pressure. Major structures, except Breaking,broken and nonbreaking waves
mobile homes, shall be designed in accor- shall be considered as applicable. Design
CD22:86
BUILDINGS AND BUILDING REGULATIONS §22-296
wave loading analysis shall consider ver- conditions or shall otherwise be designed to func-
tical uplift pressures and all lateral pres- tion when submerged under such storm condi-
sures to include impact as well as dynamic tions.
loading and the harmonic intensification re-
sulting from repetitive waves. (d) Structural requirements for minor structures.
Minor structures need not meet the specific struc-
(7) Hydrostatic loads. Calculations for hydro- tural requirements of subsection (b) of this sec-
static loads shall consider the maximum tion,except that they shall be designed to produce
water pressure resulting from a fully the minimum adverse impact on the beach and
peaked,breaking wave superimposed upon dune system and shall comply with the applicable
the design storm surge with dynamic wave standards of construction found in chapter 62, ar-
setup.Both free and hydrostatic loads shall tide II of this Code.
be considered. Hydrostatic loads which are (e) Location of construction. Construction, ex-
confined shall be determined by using the cept for elevated walkways, lifeguard support
maximum elevation to which the confined stands, piers, beach access ramps, gazebos, and
water would freely rise if unconfined.Ver- coastal or shore protection structures, shall be lo-
tical hydrostatic loads shall be considered cated a sufficient distance landward of the beach
both upward and downward on horizontal to permit natural shoreline fluctuations and to
or inclined surfaces of major structures(i.e., preserve dune stability. Construction, including
floors, slabs, roofs, walls). Lateral hydro- excavation, may occur to the extent that the nat-
static loads shall be considered as forces ural storm buffering and protection capability of
acting horizontally above and below grade the dune is not diminished.
on vertical or inclined surfaces.Hydrostatic (Ord. No. 87-20, § 8)
loads on irregular or curved geometric sur- State law reference—Coastal construction restrictions,F.S.
\_, faces shall be determined by considering § 161.55.
the separate vertical and horizontal compo-
nents acting simultaneously under the dis- Sec. 22-296. Public access.
tribution of the hydrostatic pressures.
Where the public has established an accessway
(8) Hydrodynamic loads. Hydrodynamic loads through private lands to lands seaward of mean
shall consider the maximum water pres- high tide or water line by prescription, prescrip-
sures resulting from the motion of the water tive easement or other legal means, development
mass associated with the design storm.Full- or construction shall not interfere with such right
intensity loading shall be applied on all of access unless a comparable alternative ac-
structural surfaces above the design grade cessway is provided. The developer shall have the
which would affect the flow velocities. right to improve, consolidate or relocate such
public accessways so long as they are:
(c) Structural requirements for nonhabitable
major structures. Nonhabitable major structures (1) Of substantially similar quality and conve-
must meet the specific requirements of subsection nience to the public;
(b) of this section, and shall be designed to pro (2) Approved by the board of county commis-
duce the minimum adverse impact on the beach sinners and approved by the department of
and dune system and shall comply with the appli natural resources whenever improvements
cable standards of construction found in chapter are involved seaward of the coastal con
62, article II of this Code. All sewage treatment struction control line; and
and public water supply systems shall be flood-
proofed to prevent infiltration of surface water (3) Consistent with the coastal management
anticipated under design storm conditions.Under- element of the local comprehensive plan
ground utilities, excluding pad transformers and adopted pursuant to F.S. § 163.3178.
vaults, shall be floodproofed to prevent infiltra- (Ord. No. 87-20, § 9)
\`� tion of surface water expected under design storm Cross reference—Public beach access, § 146-61 et seq.
CD22:87
§ 22-297 COLLIER COUNTY CODE
Sec. 22-297. Criminal penalty. (b) It is further declared unlawful and a public
nuisance for any property owner to fail to remove
Any person who violates any provision of this from his property or an adjacent body of water the
article shall, upon conviction, be punished by a debris and rubble of any failed seawall or revet-
fine not to exceed $500.00 or by imprisonment in ment.
the county jail for a term not to exceed 60 days,or (Ord. No. 85-2, § 2; Ord. No. 85-26, Art. 1)
by both,pursuant to the provisions of F.S.§,125.69.
Such person also shall pay all costs and expenses Sec. 22-323. Enforcement jurisdiction.
involved in the case. Each day such violation con-
tinues shall be considered a separate offense. In any area of the county where a code enforce-
(Ord. No. 87-20, § 10) ment board exists, such code enforcement board
shall have jurisdiction to enforce the provisions of
Secs. 22.298-22-320. Reserved. this article; however the jurisdiction of the code
enforcement board shall not be exclusive.The code
enforcement board shall have such enforcement
powers to be exercised in such manner as may be
ARTICLE IX. SEAWALLS AND provided by county ordinance or state statute, in-
REVETMENTS* eluding the authority to levy a fine not to exceed
$250.00 for each day a violation continues past
Sec. 22-321. Definitions. the date set by the code enforcement board's order
for compliance.
The following words, terms and phrases, when
used in this article, shall have the meanings as—
cribed to them in this section, except where the Sec. 22-324. Other enforcement remedies and --�
context clearly indicates a different meaning: penalties.
County means the unincorporated area of Col- (a) Violation of the provisions of this article, or
her County, Florida. failure to comply with any of the provisions of this
article shall constitute a misdemeanor.Any person
Failed seawall or revetment means a seawall or who violates this article or fails to comply with
revetment that has failed structurally or that has any of the provisions of this article shall upon
moved from its original position or that does not conviction thereof be fined or imprisoned,or both,
serve to stabilize the position of the shoreline. as provided by law, and in addition shall pay all
Revetment means a sloping structure which costs and expenses involved in the case. Each day
serves to separate real property and/or any im- such violation continues shall be considered a sep-
provements thereon from any natural or man- arate offense.
made body of water. (b) In addition, the board of county commis-
Seawall means any solid upright structure sioners may take any other lawful action in any
which serves to separate real property and/or any court of competent jurisdiction as is necessary to
improvements thereon from any natural or man- prevent or remedy any failure or refusal to comply
made body of water. with any of the provisions of this article. Such
(Ord. No. 85-2, § 1) other lawful action shall include,but shall not be
Cross reference—Definitions generally, § 1-2. limited to,an equitable action for injunctive relief
or action at law for damages or foreclosures of
Sec. 22-322. Declaration of nuisance. liens. Nothing contained in this article shall be
construed to limit or otherwise adversely affect
(a) It is hereby declared unlawful and a public an adjoining property owner's right to seek re-
nuisance for any property owner in the county to dress for damages resulting from a failed seawall
permit or to fail to repair or reconstruct,any failed or revetment.
seawall or revetment upon his property. (Ord. No. 85-2, § 4) -�
State law reference—Penalty for ordinance violations,F.S.
*Cross references—Floods, ch.62;waterways,ch. 146. § 125.69.
CD22:88
BUILDINGS AND BUILDING REGULATIONS §22-348
Sec. 22-325. Technical specifications for sea- ARTICLE X. NUMBERING OF
walls and revetments. STRUCTURES*
(a) There is attached to Ord. No. 85-2 and
incorporated by reference herein a document en Sec. 22-346. Statutory authorization.
titled "Collier County Seawall and Revetment
Regulations—Technical Specifications," consist-
inghas,of pages 1 through 9, inclusive of design Chapter 125, Florida Statutes, delegated the re-
figures.All seawalls and revetments constructed, sponsibility to local governmental units to adopt
reconstructed,repaired, altered, projected or pro- regulations designed to promote the public health,
longed in the county after the effective date of this safety and general welfare of its citizenry
article must meet or exceed these technical spec- (Ord. No. 07 62, § 1)
ifications as follows:
Sec. 22-347. Findings of fact.
(1) Minor repairs to the seawall or revetment
which do not necessitate physical alter- The Board of County Commissioners of Collier
ation to the existing structural support County, Florida, after a public hearing with due
system are exempt from the technical public notice, has determined that the public
specifications. health, safety, comfort, good order, convenience,
(2) Major repairs to the seawall or revetment and general welfare would best be served by the
which necessitate physical replacement of exercise of the power granted to said board by
any portion of the structural support sys- said Chapter 125,Florida Statutes,and the adop-
tein shall require compliance with all ap- tion of this article.
plicable provisions of the technical speci—
fications for that portion of the seawall or
revetment.Any portion of a seawall which Sec. 22-348. Statement of intent and pur-
still has useful life maybe utilized,regard- pose.
less of its compliance with these technical
specifications, upon certification by a li- It is the intent and purpose of this article to
censed engineer and submission of said promote the public health, safety and general
certification to the county building depart- welfare of the citizens and persons in Collier
ment. County,Florida by requiring the posting of official
address numbers on principal or accessory struc-
(3) Reconstruction of any seawall or revet- tures, establishing a procedure for numbering
ment requiring the complete reinstalla- and renumbering developments and procedures
tion of the sheet pile portion of the struc- for naming,renaming and monitoring street names
tural support system, or any new seawall in the unincorporated areas of Collier County for
or revetment section installed adjacent to the purpose of providing emergency services such
or independently from any existing sea- as fire, police, and ambulance; to facilitate deliv-
wall or revetment, shall require complete ery of mail, official notices, goods and merchan-
conformance with all sections of the tech- dise; and assist in locating various points of
nical specifications for that portion of sea- interest throughout the county.
wall or revetment. (Ord. No. 07-62, § 3)
(b) Failure to comply with these technical spec- *Editor's note—Ord. No. 07-62, § 20, adopted Oct. 9,
ifications shall constitute a violation of this arti 2007, repealed Art. X in its entirety. Sections 1-19 of said
ordinance provided for a new Art.X to read as herein set out.
Cle. Formerly, said article pertained to similar subject matter as
(Ord. No. 85-2, § 5) enacted by Ord.No.03-14,§§1-20,adopted April 8,2003;as
subsequently amended. Exhibits 1-4 referenced herein are
not set out,but available as an attachment to Ord.No.07-62
Secs. 22-326-22-345. Reserved. in the appropriate county offices.
Supp.No.23 CD22:89
§22-349 COLLIER COUNTY CODE ^\
Sec. 22-349. Definitions. open spaces as are required. Such lot shall
have frontage on a public street or on an
Unless specifically defined below, words or approved private street and may consist of:
phrases used in this article shall be interpreted so (1) A single lot of record;
as to give them the meaning they have in common
usage and to give this article its most reasonable (2) A portion of a lot of record;
application. (3) A combination of complete lots of
Accessory structure: An accessory structure record,or complete lots of record and
is a structure of nature customarily incidental portions of lots of record, or portions
and subordinate to the principal structure and, of lots of record; or
unless otherwise provided, on the same pre- (4) A parcel of land described by metes
mises. On the same premises with respect to and bounds.
accessory uses and structures shall be con- Master planned community:A master planned
strued as meaning on the same lot or on a community is a plan of development for an area
contiguous lot under the same ownership. of land in which all of its geographic parts are
Administrative official:The county manager joined together by a system of streets which in
or his designee is hereby designated as the turn share common access to the county's ma-
administrative official and shall be responsible jor street system. Characteristics include com
for the implementation and enforcement of this mon recreation amenities, common open space
article. and a master property owners association.
Occupant: Any person, association, partner-
Auxiliary official address number: An offi- ship, trust, organization or corporation, other
cial address number used to identify an acces- than the owner,who is occupying or leasing the
sory structure, a mobile home or recreational principal or accessory structure for a period
vehicle within a mobile home rental park or exceeding 30 days.
recreational vehicle park,an apartment or con-
dominium unit, individual units within a corn- Official address number: The official identi-
mercial site, or any other structure which has fication number assigned to a principal or
been determined by the administrative official accessory structure by the administrative offi-
to require an auxiliary official address. cial for the purpose of providing its expeditious
location.
Development: The act, process or result of
placing buildings/and or structures on a lot or Owner: Any and all persons, partnerships,
parcel of land. trusts,organizations or corporations which own
the fee title to the property upon which a
Emergency service: Means, but is not to be principal structure or accessory structure is
limited to, fire and police protection, ambu- located.
lance service and the delivery of medical ser- Principal structure: The structure which
vices by a physician. serves as the principal use permitted in the
Grid:A pattern of lines, governed by a point zoning district within which it is located.
of origin,on a map of Collier County to identify Private street: Thoroughfare, used for vehic-
reference points for the assigning of addresses. ular traffic, which affords the principal means
of access to abutting properties, used exclu-
Lot: For purposes of this article, a lot is a sively for the residents therein.
parcel of land of at least sufficient size to meet
the minimum requirements of the zoning dis- Public street: Right-of-way either paved or
trict in which it is located, for use, coverage, unpaved, which is intended for vehicular traf- ---�
and area, and to provide such yards and other fic.
Supp. No. 23 CD22:90
BUILDINGS AND BUILDING REGULATIONS §22-352
Neighborhood informational meeting:A meet- the owner and a determination by the adminis-
ing to provide the public with general informa- trative official that one of the following may
tion pertaining to the changing of address apply:
numbers or street names; usually for ten or (1) The architectural design is such that strict
more properties. enforcement will interfere with the func-
(Ord. No. 07-62, § 4) tion and utility of the architectural theme
of the structure.
Sec. 22-350. Requirements for posting of of- (2) In the case of multi-residential struc-
ficial address number. tures, mobile homes and recreational ve-
hicles, strict compliance is not reasonably
(a) The owner or occupant of a lot upon which possible due to the arrangement, number
a structure is located shall post an official address and location of units involved. Reference
number on the principal or accessory structure Exhibits 1 and 2.
located on said lot,in accordance with the require- (3) Where unusual conditions exist or where
ments of this article or within 90 days of the the literal interpretation of sections 22-
notification of the address change as provided in 350 and 22-352 will create a hardship,the
section 22-356. administrative official may deviate from
the specifications of sections 22-350 and
(b) In addition to posting the official address
22-352 provided such deviation will not
number on the principal or accessory structure,it circumvent the intent and purpose of this
shall also post the official address number on the article.
seawall, on the end of a dock or pier or on the
boathouse, in accordance with this section. In the granting of an exception, the ad
ministrative official may specify condi-
(c) Official address numbers and/or the range tions and specifications upon which excep-
of official address numbers shall be posted within tion is granted.
the upper third or in the area defined in Section (Ord. No. 07 62, § 6)
5.06.00 of the Land Development Code of commer Sec. 22-352. Specifications for posting offi-
cial and residential signage that utilizes the fol- cial address number(s).
lowing sign types: Pole sign, ground sign and
directory signs. (a) Official address number(s):
(Ord. No. 07-62, § 5) (1) One and two-family structures shall have
official address numbers in Arabic design
Sec. 22-351. Exemptions from posting offi- and have a minimum height of four inches.
cial address number. (2) All other new structures shall have num-
bers of Arabic design and a minimum
(a) Unimproved lots upon which no structures height of six inches. Existing buildings,
are located, with the exception of those legal other than one- and two-family struc-
nonconforming waterfront lots for which a condi- tures, shall have address numbers that
tional use has been granted allowing the construc- comply with the six-inch minimum height
tion of a boat dock facility; such lots must post a and all other specifications of this section.
sign showing the street address number facing Numbers shall be mounted in a secure
and visible from the road right-of-way as demon- fashion to the structure's front wall or
strated in Exhibit 4. other fixed appurtenance in the front of
the structure within five feet of the main
(b) The administrative official may grant an entryway or main path of travel which
exception to the requirements of sections 22-350 leads to the main entrance from a public
and 22-352, after application for an exception by or private street or shall be otherwise
Supp.No. 23 CD22:91
§22-352 COLLIER COUNTY CODE
separately mounted in a manner upon the numbers no less than four inches in height
face of a wall or fence or upon a post in the and the principal address numbers shall
front yard of the property. be no less than six inches in height and
shall be indicated as demonstrated in
(3) Numbers for all structures shall be Exhibit 1.
mounted at a height between four feet
and ten feet above the adjacent street (c) Mobile home and recreational parks:In the
grade or exterior landing beneath, but case of a mobile home park or recreational vehicle
never higher than 15 feet above the ad- park, the park and the lots within the park shall
joining grade. They shall be sufficiently be numbered as follows:
legible as to contrasting background, ar-
rangement, spacing, size and uniformity (1) The mobile home park or recreational
of integers so that the numbers may be vehicle park shall be considered as the
read with ease during daylight hours by a principal structure and shall be num-
person possessing at least 20/40 vision if bered in accordance with sections 22-350
he views the numbers from the center line and 22-352(a), above.
of the abutting street. The numbers shall
be placed so that trees, shrubs and other (2) In addition to the official address number
obstructions do not block the line of sight of the mobile home or recreational vehicle
of the numbers from the center of the park, each lot located within the park
street. shall be given an auxiliary official address
number which shall be indicated as dem-
(4) Wherever practicable and in accordance onstrated in Exhibit 2.
with these specifications, the official ad-
dress number on all structures shall be (d) Private entryway: In instances where a ---�
placed as close to a light source as possi- main entryway of a structure(s) is not clearly
ble in order to make it more visible at visible from a public or private street, the owner
night. If not near a light source, the shall be required,in addition to the requirements
number shall be made of reflective mate- of section 22-350 and section 22-252, to post the
rial. official address number and/or official address
(5) Address numbers on signs must comply number range in a conspicuous place within ten
with the Collier County Land Develop- feet of the point of intersection of the driveway
ment Code Section 5.06.00. serving the structure(s) and the right-of-way of
the public street or the easement line of a private
(b) Apartment buildings: In the case of an street as the case may apply, as demonstrated in
apartment building which contains a series of Exhibit 3.
individual apartment units within a principal
apartment building, the following shall apply: (e) Mailbox numbers: Wherever required by
(1) The principal apartment building shall be law that the official address number be placed on
a mailbox in order to receive U.S.Mail,the owner
considered as the principal structure and
shall be numbered in accordance with shall be required to post the official address
sections 22-350 and 22-352(a), above. number on both sides of the mailbox using num-
bers no less than three inches in height or if on
(2) In addition to the official address number the top of the mailbox, numbers no less than two
of the main apartment building,when the inches in height;in addition to the official address
building does not have an uniquely as- number on the principal or accessory structure as
signed address number,such number shall required in this article.
include a by-line indicating the official
address number range of the apartment (f) Numbering of waterfront property: In the
unit(s) within the apartment building. case of a waterfront lot, (see also section 22- --�
Unit number shall be displayed using 351(a),above),the owner shall be required to post
Supp.No.23 CD22:92
BUILDINGS AND BUILDING REGULATIONS §22-353
the official address number on the seawall, the cess roadway or alleyway or shall be
end of the pier or dock, or on the Owner's boat- otherwise separately mounted imme-
house according to the following specifications: diately adjacent to the rear access
(1) Official address number(s)shall be Arabic
entrance door on the structure wall.
in design and have minimum height of six b. Numbers shall be mounted at a height
inches. Such numbers shall be mounted between four feet and ten feet above
in a secure fashion on the waterside of the the adjacent street grade or exterior
structure so as to be clearly visible by landing beneath, but never higher
passing boat operators using the abutting than 15 feet above the adjoining
waterway. grade. They shall be sufficiently leg-
ible as to contrasting background,
(2) Official address numbers shall be mounted
arrangement, spacing, size and uni-
at a height between four feet and ten feet formity of integers so that the num-
above the abutting waterway as mea- bers may be read with ease during
sured from the National Geodetic Vertical daylight hours by a person possess-
Datum. They shall be sufficiently legible ing at least 20/40 vision if he views
as to contrasting background, arrange- the numbers from the centerline of
ment, spacing, size and uniformity of in- the abutting roadway or alleyway.
tegers so that the numbers may be read The numbers shall be so placed that
with case during daylight hours by a trees, shrubs and other obstructions
person possessing at least 20/40 vision if do not block the line of sight of the
he views the numbers from within 100 numbers from the center of the street.
feet on the abutting waterway. The num-
bers shall be so placed that other obstruc- c. Wherever practicable and in accor-
tions do not block the line of sight of the dance with these specifications, the
numbers from the abutting waterway. unit or suite number shall be placed
as close to a light source as possible
(3) It shall be required that all official ad- in order to make it more visible at
dress numbers be placed close to a light night. If not near a light source, the
source or made of reflective materials so number shall be made of reflective
as to be visible at night by the operator of material.
a passing boat or by shining a flashlight
on the number. d. Official address number or numbers
shall be mounted to the sign face,be
(g) Commercial structures,or multifamily struc- a part of the sign copy,or be mounted
ture: to the sign structure.This area shall
(1) Buildings with three or more dwelling be free of obstructions so that the
line of sight of the numbers is visible
units, having a rear access roadway or from the center of the street and
alleyway, rear entry doors into the units/
suites shall be marked as follows: should refer to Section 5.06.00 of the
Land Development Code for signs.
a. Unit and suite numbers on struc- (Ord. No. 07-62, § 7)
tures shall be Arabic in design and
have a minimum height of four inches. Sec. 22-353. Application for new official ad-
Such numbers shall be mounted in a dress number.
secure fashion to the unit or suite
rear entrance door or other fixed Any residential property requiring a new offi-
appurtenance in the front of the door cial address number shall be applied for with the
within five feet of the rear entryway administrative official. In order to have an ad-
or main path of travel which leads to dress assigned to a residential property, the ap-
the rear entrance from the rear ac- plicant must provide a legal description of the
Supp.No.23 CD22:93
§22-353 COLLIER COUNTY CODE
subject property to the administrative official. In shall start at Wilson Boulevard and Golden
order to have an address assigned to a commer- Gate Boulevard.The interval of lines shall
cial property, the applicant shall provide an ap- continue:
proved site plan to the administrative official. North to the Collier County line and S.R.
(Ord. No. 07-62, § 8) 858;
South to the Gulf of Mexico;
Sec. 22-354. Required conditions for new
construction or building repairs. East to the Collier County line; and
West to I-75 and C.R./S.R. 951/Collier
All new construction or building repairs requir- Boulevard.
ing a county building permit shall comply with
the requirements of this article prior to the final (3) Area of Marco Island Grid: A pattern of
structural inspection or final building repair in- intersecting lines running north/south and
spection by the inspections section of Collier east/west with the point of origin begin-
County's Building Review and Permitting Depart- ning at San Marco Road(S.R. 92)and the
ment. A certificate of occupancy shall not be Gulf of Mexico. This grid shall encompass
issued until it has been verified by the adminis- all of Marco Island.
trative official that the building has been properly (4) Area of Immokalee Grid: A pattern of
addressed. intersecting lines running north/south and
(Ord. No. 07-62, § 9) east/west with the point of origin starting
at Main Street (S.R. 29) and First Street
Sec. 22-355. Procedure for establishing a uni- (S.R. 846). The interval of lines shall
form grid numbering pattern continue:
for assignment of addresses or
change of address. North to the Collier County line;
South to Oil Well Road (S.R. 858) and
(a) The following grids are established in Col- Immokalee Road (S.R. 846);
her County for the assigning of addresses to
structures: West to the Collier County line, east line
of Range 27 and Oil Well Grade Road;and
(1) City of Naples Grid: East to the Collier County line.
A pattern of intersecting lines running (b) Odd numbers will be assigned to the build-
north/south and east/west. The point of ings on the north and west sides of the public or
origin for this grid shall be Central Ave- private streets, even numbers will be assigned to
nue and the Gulf of Mexico in the City of the buildings on the south and east side of the
Naples with lines running east/west and public or private street.
north/south of point of origin. The inter-
val of lines shall continue: (c) The assignment of numbers on corner lots
shall be determined from the public or private
North to the Collier County line; street on which frontal access to the building is
South to the Gulf of Mexico excluding obtained unless unique and unusual circum-
Marco Island; and stances exist as determined by the administrative
official.
East to I-75 and Airport Road North &
South. (d) In cases in which the public or private
street runs both north/south and east/west, the
(2) Area of Golden Gate Grid: A pattern of grid direction shall be determined by the predom-
intersecting lines running north/south and inant proportional length of the public or private .�
east/west. The point of origin for this grid street.
Supp.No.23 CD22:94
BUILDINGS AND BUILDING REGULATIONS §22-357
(e) Main arterials which pass through more owner or occupant post the number in
than one grid shall not have more than one accordance with the requirements of this
addressing system. article within 90 days from the date of the
(f) Where more than two units exist within a notice.
building, the entire building shall have a princi- (2) The name of the property owner and legal
pal number with an auxiliary official address description.
number for each individual unit, unless it is more (3) The date of the notice.
reasonable or practical to assign official address
numbers to each unit. (c) Public notification process when changing
(g) The administrative official shall at his dis- addresses for ten or more properties: The admin-
cretion, relinquish precedence of the specified istrative official shall conduct at least one neigh-
grid system in cases where it would be more borhood informational meeting in addition to the
reasonable or practical to assign a street address above written notice requirements. This meeting
based on a numbering system used by a munici- shall be held 30 days prior to the "Change of
pality or subdivision. Address Notice" being mailed. The location of the
(Ord. No. 07-62, § 10) neighborhood informational meeting should be
reasonably convenient to those property owners
Sec. 22-356. Procedure for changing non- who are required to receive notice and the facili-
conforming addresses. ties shall be of sufficient size to accommodate
expected attendance. The administrative official
(a) Where the existing building number does shall initiate an advertisement,in type no smaller
not conform to the requirements provided for by than 12 point and said advertisement shall be
this article, the administrative official shall pro- placed in the local or community section of the
vide a "change of address notice" to the owner of newspaper. The advertisement shall state the
L� the building. A building number shall be consid- purpose, location, and time of the meeting and
ered non-conforming if it does not conform with shall be placed with a newspaper of general
the grid numbering system established by this circulation in the county at least seven days prior
article, if the number is out of sequence with to the neighborhood informational meeting.
other numbers on the street, or if an odd or even (Ord. No. 07-62, § 11)
number is on the wrong side of the street.
(b) A neighborhood information meeting is not Sec. 22-357. Duly advertised public hearing
required when changing addresses for less than to rename a street.
ten properties. The administrative official shall
notify the owner of each property and all appro- Pursuant to F.S. § 336.05, the board of county
priate government agencies of the address change commissioners is authorized to rename streets
through the use of a "Change of Address Notice" and roadways in the unincorporated areas of the
sent by U.S. Mail. Residents have 90 days to county. A duly advertised public hearing, and a
change to the correct address. A copy of the super-majority vote of at least four affirmative
"Change of Address Notice"shall be kept on file in votes, shall be required to effectuate the renam-
the Addressing Section of the Collier County ing of the street or roadway. However, state roads
Community Development Environmental Ser- lying in the unincorporated areas of Collier County
vices (CDES) Division. Within 90 days from the are numbered by the Florida Department of Trans-
date of the"Change of Address Notice,"the owner portation (FDOT).
or occupant of the property shall conform to the (1) Public notification process when renam-
address approved. ing streets or roadways:
The "Change of Address Notice" shall contain a. Public notification process when re-
the following: naming platted streets or roadways
(1) The correct address number,previous num- where the change is initiated by the
ber and requirement that the property county. The county shall conduct a
Supp.No.23 CD22:94.1
§22-357 COLLIER COUNTY CODE
least one neighborhood informational circulation in the county at least
meeting. This meeting shall be held seven days prior to the neighborhood
30 days prior to changing of the informational meeting.
roadway and the county is required c. Notification for unplatted streets and
to install street signs.The location of roadways: The administrative offi-
the neighborhood informational meet- cial shall conduct at least one neigh-
ing should be reasonably convenient borhood informational meeting if the
to those property owners affected by name change involves more than ten
the renaming of the street and the property owners and is not required
facilities shall be of sufficient size to to go before the board of county
accommodate expected attendance. commissioners. This meeting shall
The county shall cause a display be held 30 days prior to changing of
advertisement, in type no smaller the roadway and the petitioner is
that 12 point and said advertise- required to install street signs. The
ment shall not be placed in that location of the neighborhood infor-
portion of the newspaper where le mational meeting should be reason-
gal notices and classified advertise- ably convenient to those property
ments appear. The advertisement owners affected by the renaming of
shall state the purpose,location,and the street and the facilities shall be
time of the meeting and shall be of sufficient size to accommodate ex-
placed with a newspaper of general petted attendance. The administra-
circulation in the county at least tive official shall cause a display
seven days prior to the neighborhood advertisement, in type no smaller
informational meeting. than 12 point and said advertise-
b. Public notification process when re- ment shall not be placed in that
naming platted streets or roadways portion of the newspaper where le-
where the change is initiated by a gal notices and classified advertise-
private individual.The applicant shall ments appear. The advertisement
be responsible for conducting at least shall state the purpose,location,and
one neighborhood informational meet- time of the meeting and shall be
ing. This meeting shall be held 30 placed with a newspaper of general
days prior to changing of the road- circulation in the county at least
way and the petitioner is required to seven days prior to the neighborhood
install street signs. The location of informational meeting.
the neighborhood information meet- (Ord. No. 07-62, § 12)
ing should be reasonably convenient
to those property owners affected by Sec. 22-358. Procedures for re-naming of de-
the renaming of the street and the velopments, subdivisions,
facilities shall be of sufficient size to streets and buildings.
accommodate expected attendance.
The applicant shall cause a display (a) A street can be renamed by one of the
advertisement, in type no smaller following three methods:
than 12 point and said advertise-
ment shall not be placed in that (1) Renaming platted and unplatted streets
portion of the newspaper where le by petition:
gal notices and classified advertise- a. Applicant must first verify with the
ments appear. The advertisement Addressing Section of the Collier
shall state the purpose,location,and County CDES Operations Depart-
time of the meeting and shall be ment that the proposed street name
placed with a newspaper of general is not a duplication.
Supp. No.23 CD22:94.2
BUILDINGS AND BUILDING REGULATIONS §22-358
b. A petition signed by 66 percent of all the property owner(s)requesting the street name.
of the property owners abutting the In determining if the proposed name is in conflict
street to be renamed may be submit- with existing street names, and if the request
ted to the administrative official with involves a transportation project,the administra-
the necessary application, site plan tive official shall confer with the transportation
of the street to be renamed and a list administrator to review the name change for
of all property owners abutting the duplication, assimilation, confusion or repetition.
street to be renamed. In the event
that more than one property is owned (c) Upon reasonable review of the platted street
by the same entity, each such prop- name petition, application or request for the re-
erty shall represent a separate sig- naming of a street, county staff will schedule a
nature, to be counted against the public hearing before the board of county commis-
required percentage. The applica- sioners, notify the property owners abutting the
tion shall include:(1)The petitioner's street of the proposed street name change, and
name, address and telephone num make a recommendation to the county manager's
ber;(2)a legal description or location office.
of the street; (3) the present street (d) Notification of a public hearing before the
name;and(4)the reason for request- board of county commissioners shall be given to
ing name change.Applicable admin- abutting property owners 15 days prior to the
istrative fees in accordance with Fee public hearing. After a duly advertised public
Resolution No. 2005-384 or its suc- hearing and upon the board of county commission-
cessor resolution are required to be ers' approval, the administrative official will no-
paid for the cost of notifying each tify all appropriate governmental agencies and
abutting property owner of the pro- property owners abutting the street being re-
posed street name change. named.
(2) Renaming of streets where duplicate names (e) The addressing section has the responsibil-
exist or one will be created because of ity of maintaining street address maps and as-
changes to the transportation system: signing street numbers.
a. The transportation administrator or (f) Unplatted street name changes have the
his designee may submit an applica- same criteria as platted street name changes but
tion to the board of county commis- are not required to go before the board of county
sioners for a street name change commissioners and are administratively changed
where the public health, safety and by the Collier County Addressing Section.
general welfare would be affected
thereby. (g) Procedure for changing or renaming a de-
(3) Street renaming by board of county com-
missioners: (1) A development, subdivision or building
a. can be renamed by a property owner or
The board of county commissioners
request a change of street name developer with approval from the address-
maying section as long as the name is not
at any time after notice by publica- duplicated or an overused name. The ad-
tion and a public hearing. dressing section has the authority to ap-
(b) The administrative official shall determine prove a renaming request.
whether the proposed street name is a duplicate (2) A"development name change"application
of any existing street name. Upon submittal of a form must be completed and contain the
public petition, application or request for street following:
renaming, the administrative official shall deter-
mine if the proposed name is in conflict with any Address checklist
existing street name and verify the ownership of Location map
Supp.No.23 CD22:94.3
§22-358 COLLIER COUNTY CODE --�
Any addresses in the development or sub- or an alike sounding name in the unincorporated
division area of Collier County, except under the following
A cover letter stating the reason for the conditions:
change with a fee according to Fee Reso- (1) Similar sounding names or designations
lution No. 2005-384 (or any successor) is shall be determined using the following
required. parameters:
(3) The approved name is changed in the a. Roadways with the same name and
computer database files and a letter of having only different prefixes or suf-
approval for the name change is sent to fixes shall be allowed to be used only
the petitioner and the appropriate agen- three times within the same"master
cies stating the old name,new name,legal planned community" and must be
description and addresses within the de- contiguous.
velopment or subdivision affected by the b. Only five variations of roadways with
change. the same name having only different
(4) An appeal shall be filed with the Collier prefixes or suffixes shall be permit-
County Board of County Commissioners ted within unincorporated Collier
within ten days of the disagreement, de- County.
cision or determination and the aggrieved c. Developments and signs used in mar-
person shall furnish a copy of such appeal keting or advertising ownership re-
to the administrative official. The appli- lated to developments, bearing the
cable filing fee in accordance with Fee same name,collective phrase or could
Resolution No. 2005-384 or its successor be considered a duplicate use by the
resolution is required for each appeal. administrative official is prohibited.
(Ord. No. 07-62, § 13)
(2) The major street within a master planned
Sec. 22-359. Procedures for project and community; subdivision or development
street naming. may utilize the same name as the devel-
opment unless it is an overused street
(a) When requesting a name for a new devel- name.
opment, subdivision, street or building the follow-
ing processes must be followed: (3) Registered franchise names.
(1) The "Request for Naming a Development, (4) Identical building names and businesses
Subdivision,Street or Building"form must owned by the same owner/entity and of-
be submitted to the Addressing Section fering the identical service in different
with the appropriate fee. county locations can utilize the same build-
ing name that has been used three times
(2) The Addressing Section will verify the or more.
requested names for duplication or over-
use. (c) At the time of subdivision plat or site de-
(3) The final review and approval of names velopment plan approval, street names of both
will be made at the time of submittal to internal and external streets are assigned by the
the Collier County Government Zoning developer and reviewed by the administrative
Department. official prior to final approval of the subdivision or
development plan. Developers should not proceed
(b) In order to eliminate duplications, at the with printing and advertising activity that uti-
discretion of the administrative official, no street, lizes project and street names prior to final ap-
development, community, building or subdivision proval of such names by the Addressing Section of
where signage is used or will eventually be used the Collier County Community Development and
in marketing,advertising or to identify ownership Environmental Services (CDES) Division. The ,,�
or geographical location shall bear the same name addressing section shall review the name to avoid
Supp.No.23 CD22:94.4
BUILDINGS AND BUILDING REGULATIONS §22-364
duplication and similarity of street names as County Board of County Commissioners within
regulated by this article and defined above. The ten days of the disagreement, decision or deter-
Addressing Section also has the responsibility of mination and the aggrieved person shall furnish a
maintaining street address maps and assigning copy of such appeal to the administrative official.
street numbers.
(1) Development names changes have to be (b) The applicable filing fee in accordance with
Fee Resolution No. 2005-384 or its successor
approved by the Addressing Section of resolution is required for each appeal.
Collier County but do not go before the
board of county commissioners. It is the (c) Any person adversely affected by the deci-
petitioner's responsibility to notify the sion of the Collier County Board of County Com-
property owners of the new development missioners may appeal such decision to the Cir-
name and county staff to send mailings to cuit Court, as provided by law.
agencies with location map, change com- (Ord. No. 07-62, § 16)
puter database and files of the new devel-
opment name. Applicable administrative
fees in accordance with Fee Resolution Sec. 22-362. Abrogation and greater restric-
No. 2005-384 (or any successor) are re- tions.
quired to be paid for the cost of notifica-
tion provided to agencies. (a) This article is not intended to repeal, abro-
gate, or impair any existing easements, cove-
(2) Requests to rename a unplatted street, nants, or deed restrictions. However, where this
both private and public, are made by article and another conflict or overlap,whichever
submitting an application to the address- imposes the more stringent restrictions shall pre-
ing official. vail.
(Ord. No. 07-62, § 14)
(b) In the interpretation and application of
Sec. 22-360. Providing street signs on re- this article, all provisions shall be: (1)Considered
named public or private streets. as minimum requirements;(2)liberally construed
in favor of the governing body; and (3) deemed
It shall be the responsibility of the petitioner to neither to limit nor repeal any other powers
bear the cost of replacing street signs on all public granted under State Statutes.
and private streets. In the case of public streets, (Ord. No. 07-62, § 17)
signs will be replaced by the Collier County
Transportation Operations Department following Sec. 22-363. Warning and disclaimer of lia-
payment of a fee to be determined by the director
of the transportation operations department. In bility.
the case of private streets, it shall be the respon- The degree of protection required by this arti-
sibility of the petitioner to provide for the street cle is considered reasonable for regulatory pur-
sign(s) displaying the new name in accordance poses. This article shall not create liability on the
with the Collier County Land Development Code. part of Collier County or by any officer or em-
(Ord. No. 07-62, § 15) ployee thereof for any damages that result from
reliance on this article or any administrative
Sec. 22-361. Appeal procedure. decision lawfully made thereunder.
(a) The Collier County Board of County Com- (Ord. No. 07-62, § 18)
missioners shall hear and decide appeals from the
requirements of this article when there is a dis- Sec. 22-364. Enforcement and penalties.
agreement of an interpretation, requirement, or
determination made by the administrative official (a) Any person or entity who violates any pro-
in the enforcement or administration of this arti- vision of this article shall be punished as provided
cle. Such appeal shall be filed with the Collier by law.
Supp. No.23 CD22:94.5
§22-364 COLLIER COUNTY CODE
(b) In addition to the criminal penalties pro- line, oil or gas pipeline, storm drainage way,
vided by law, power is hereby authorized to insti- water main, sanitary or storm sewer main, side-
tute any appropriate action or proceeding includ- walk/bicycle path or for similar special use.
ing suit for injunctive relief in order to prevent or (Ord. No. 85-14, § 2)
abate violation of this article. Cross reference—Definitions generally, § 1-2.
(Ord. No. 07-62, § 19)
Sec. 22-382. Intent and purpose.
Secs. 22-366-22-380. Reserved. This article is intended to protect the public
against hazards resulting from the movement of
buildings over and across roadways in the unin-
ARTICLE XI. MOVING OF BUILDINGS* corporated area of the county or over and across
roadways maintained by the county but which lie
DIVISION 1. GENERALLY within municipal boundaries in the county and to
protect the structural and physical integrity of
Sec. 22-381. Definitions. private and public facilities and materials along
such roadways. It is to be liberally construed to
The following words, terms and phrases, when produce that result.
used in this article, shall have the meanings (Ord. No. 85-14, § 1)
ascribed to them in this section, except where the
context clearly indicates a different meaning: Sec. 22-383. Penalty.
Building means a house or other structure Any person who violates the provisions of this
with one or more dimensions exceeding a total article, or fails to comply with any requirement of
width of eight feet and a total length of 40 feet, or this article, shall be guilty of a misdemeanor and,
any structure with a total height of ten feet or upon conviction thereof, shall be fined or impris-
more. Exceptions to the building definition in- oned, or both, as provided by law, and in addition
clude mobile homes for which a state permit has shall pay all costs and expenses incurred in the
been obtained and with dimensions that do not prosecution of such violation. Each violation and
exceed total width of ten feet, total length of 65 each day that a violation continues shall consti-
feet, and a total height of 12 feet. tute a separate offense. In addition, and as an
alternative means of enforcement, the county
Highway, street or roadway are used synony- may enforce the provisions or requirements of
mously and mean a public way for purposes of this article by means of any available civil remedy
vehicular traffic, including the entire area within in a court of competent jurisdiction.
the right-of-way. (Ord. No. 85-14, § 14)
State law reference—Penalty for ordinance violations,
Mover means the person responsible for the F.S. § 125.69.
movement or transport of a building from one site
to another. Sec. 22-384. Obligation of mover to utilities
and other facilities.
Night means that period of time which begins
one hour before sunset and ends one hour after The mover shall be required to notify and
sunrise. coordinate with all utility companies which have
facilities or equipment affected by the building
Right-of-way means a strip of land occupied or move. The mover shall be required to make sat-
intended to be occupied by a street, driveway/ isfactory arrangements with each of the utility
access, crosswalk, railroad, electric transmission companies prior to obtaining a permit from the
county. The mover shall be required to coordinate
*Cross references—Roads and bridges, ch. 110; traffic
and vehicles, ch. 130. the building move with any railroad company
Land development code reference—Moving of build- having at-grade crossings on the proposed route ..��
ings, §2.6.8. by notifying the respective company and making
Supp.No. 23 CD22:94.6
BUILDINGS AND BUILDING REGULATIONS §22-386
satisfactory arrangements. Notice to, and ap- ing so as to indicate the width,height and
proval by, companies with facilities on the pro- size of the building. Red lights shall also
posed route shall be evidenced on the permit be employed in flagging traffic at night.
application.
(Ord. No. 85-14, § 8)
Sec. 22-385. Traffic control.
In all cases, the mover shall assume legal and
financial responsibility for providing adequate
traffic control. Adequate traffic control for the
movement of a building shall include, but shall
not be limited to, the following:
(1) A minimum of one escort vehicle in front
and one escort vehicle directly behind the
moving unit. The escort vehicles shall be
properly marked as such and shall be
equipped with,and have in operation dur-
ing the move, a rotating amber warning
light clearly visible from all directions.
(2) A minimum of three moving personnel in
attendance at all times with any struc-
ture restricted from moving during day-
time hours due to breakdown, accident,
unforeseen delay or any other reason.
One warning light will be placed for each
15 feet of building perimeter while the
structure is immobile.
(3) In order to allow traffic to pass, a moving
unit must pull over as directed by law
enforcement escort or the public works
administrator/county engineer,or his des-
ignee.
(4) Any additional traffic control required by
the public works administrator/county en-
gineer,Florida Highway Patrol,the county
sheriffs department or the City of Naples
Police Department.
(Ord. No. 85-14, § 9)
Sec. 22-386. Movement of buildings at night.
Every building being moved which occupies
any portion of public property at night shall be
subject to the following safety requirements:
(1) A minimum of five red lights shall be
placed on each street side of the building.
Such lights shall be attached to the build-
Supp. No.23 CD22:94.7
BUILDINGS AND BUILDING REGULATIONS § 22-398
(2) When temporarily stopped, flares shall be (3) The maximum overall building height does
placed at regular intervals of approximately not exceed 18 feet.
50 feet for a distance of 200 feet up the (Ord. No. 85-14, § 4)
street on each side of the building.
(3) When more than 50 percent of the street, Sec. 22-398. Special permit.
measured between curbs, is occupied at (a) The public works administrator/county en-
night by the building, or when in the gineer is hereby authorized to issue a special
opinion of a law enforcement official or the building transport permit, in conformance with
public works administrator/county engineer the provisions of this article, where the building
or his designee, flagmen are necessary to to be transported meets any of the following cri-
divert or caution traffic,the mover shall,at teria:
his expense, employ two flagmen, each po-
sitioned as directed or as applicable to pro- (1) The building is wider than 30 feet;
vide maximum safety. Such flagmen shall (2) The building is longer than 65 feet;
remain at these positions or on either end
of the building diverting or cautioning (3) The building is of a height greater than 18
traffic during night hours. feet;
(Ord. No. 85-14, § 10) (4) The building is a multistory building;
Secs. 22-387-22-395. Reserved. (5) The building has not been completed and
occupied,in one location, for a period of one
DIVISION 2. BUILDING TRANSPORT year or more;
PERMIT (6) Any building to be transported on a Sat-
\-- urday,Sunday or legal holiday(New Years,
Sec. 22.396. Required. Memorial Day,Independence Day,Veterans
It shall be unlawful for any person to transport Day, Thanksgiving and Christmas);
a building over or across roadways in the unin- (7) Any building to be transported any day be-
corporated area of the county or over or across tween 7:00 a.m. and 9:00 a.m. or between
roadways maintained by the county but which lie 4:00 p.m. and 6:00 p.m.; or
within municipal boundaries in the county without
first obtaining from the public works administra (8) The building is required to be permitted by
for/county engineer a standard building transport special building transport permit in actor
permit or a special building transport permit, as dance with any other section of this article.
applicable. (b) The date and time that a building is trans-
(Ord. No. 85-14, § 3) ported pursuant to a special building transport
permit shall be specified by the state department
Sec. 22-397. Size limitation. of transportation, the county engineering depart-
mentThe public works administrator/county engi-
neer and affected law enforcement agencies.
is hereby authorized to issue a standard (c) The public works administrator/county en-
building transport permit, in conformance with gineer shall at all times have the authority to
the provisions of this article, where the following require that a special building transport permit
criteria are met: be obtained by the mover where the public works
(1) The maximum overall building width does administrator/county engineer deems it necessary
not exceed 30 feet excluding eaves; due to special circumstances or conditions which
cause or may cause a danger to the health, safety
(2) The maximum overall building length does or welfare of the general public. The public works
not exceed 65 feet, excluding tractor and administrator/county engineer shall further have
beams; and the authority to require that the mover make all
CD22:95
§22-398 COLLIER COUNTY CODE
reasonable efforts to minimize or eliminate a (b) Upon completion of the application, the ap-
hazard or danger which is deemed to exist or which plicant shall process the application through the
may exist in the opinion of the public works ad- following agencies for notification and/or approval:
ministrator/county engineer.
(Ord. No. 85-14, § 5) (1) The county sheriff's department and the
Florida Highway Patrol to assure route con-
trol and implementation of necessary safety
Sec. 22-399. Permit application requirements measures.
and conditions. (2) The county public services division to as-
sure notification of applicable fire and am-
(a) A permit application with instructions shall bulance services.
be obtained from the office of the public works
administrator/county engineer.The completed ap- (3) Utility companies whose facilities cross the
plication must include, but is not limited to, the proposed route to assure that satisfactory
following data and information: arrangements have been made relative to
all clearances and possible damage to facil-
(1) Evidence of compliance with county ities.
building codes, including:
(4) State department of transportation to as-
a. Approval of the building to be moved sure clearance as applicable to state roads.
in accordance with applicable building
codes. (5) Other agencies and/or property owners as
b. Approval of a building permit for the applicable to the route and building move.
new location to which the building is Example: City of Naples as applicable to
being moved. private roadways, etc.
(2) A sketch indicating the route to be followed (6) Final processing shall be to the office of the
in sufficient detail to confirm road intersec- public works administrator/county engineer
tions, existing utilities,and horizontal and for review of the proposed route with re-
vertical clearance data. gard to traffic volumes,width of pavement,
possible damage to signs, signal systems
(3) The size,height,width,and type of building and structures, etc.
to be transported. a. A field review of the route may be re-
quired at the discretion of the public
(4) The equipment to be utilized in transporting works administrator/county engineer.
the building. b. The mover shall notify the public ad-
ministrator/county engineer's office of
(5) The approximate time of day or night the the exact time of the scheduled move-
building is to be transported. ment at least 24 hours prior to move-
ment in order that an inspection of the
(6) The approximate time necessary for trans- route may be made before and following
porting the building. the building move to determine dam-
ages.
(7) Proof of compliance with the bond require- (Ord. No. 85-14, § 6)
ments as set forth in section 22-401.
Sec. 22-400. Application review; approval,
(8) Any information or data required by the delay or denial; appeal.
public works administrator/county engineer
in order to fully review or evaluate any spe- (a) When the permit application has been corn- .�
cial circumstances which may be involved pleted and all permit requirements addressed,the
in the transport of the applicant's building. application shall be submitted to the office of the
CD22:96
BUILDINGS AND BUILDING REGULATIONS § 22-402
public works administrator/county engineer for building. Such a bond shall also be conditioned
final review. upon the mover's performance as follows:
(b) The public administrator/county engineer or (1) Strict compliance with the terms of said
his designee, within ten working days thereafter, permit,including compliance with the route
shall either: to be taken and limit of time in which to
effect the move.
(1) Approve the application; or
(2) To repair or compensate for repair.
(2) Notify the applicant in writing of the rea-
sons for the delay or denial. (3) To pay the board of county commissioners
is liquidated damages, in an amount not ex-
a. If a delay
' necessary, the reasons for ceeding $50.00, to be prescribed by the
the delay and any additional necessary public works administrator/county engineer
information shall be explained to the for each and every day's delay in completing
applicant mover in writing. the building move in accordance with the
b. If additional necessary information is permit.
not supplied by the applicant within
30 days after being notified,the notifi- (4) Repairing any damage to property or public
cation of delay shall constitute a notice improvement.
of denial.
(5) Clearing the right-of-way of all debris gen-
Where the public works administrator/county en- erated by the move.
gineer denies the issuance of a permit, the appli- (Ord. No. 85-14, § 11)
cant may appeal by filing a written notice of ap-
peal with the board of county commissioners Sec. 22-402. Insurance.
within ten working days after notification of de
nial. The applicant may then appear before the (a) The public works administrator/county en-
board and present facts supporting his position. gineer, as a condition precedent to the issuance of
Thereafter, the decision of the board of county a permit, shall require evidence of insurance cov-
commissioners shall be final. erage to protect the permittee and the county as
(Ord. No. 85-14, § 7) follows:
Sec. 22-401. Bond. (1) Workers'compensation.As required by state
law.
(a) The public works administrator/county en- (2) General liability(including contractual lia-
gineer,as a condition precedent to the issuance of bility). Bodily injury, personal injury,
any permit, shall require any mover making ap-
$500,000.00 each occurrence and aggregate;
plication for movement of a building to post either
Property damage, $500,000.00 each occur
-
a cash or surety bond. The bond shall meet with
rence and aggregate.
the approval of the public works administrator/
county engineer; and, unless otherwise required (3) Comprehensive automobile liability. Bodily
by the public works administrator/county engi- injury, $500,000.00 per occurrence; prop-
neer, the amount of the bond posted shall be a erty damage, $500,000.00 per occurrence.
minimum of$10,000.00.
(b) A certificate of insurance shall be provided
(b) The bond shall indemnify the county and to confirm that the above insurance coverage will
private property owners against any damage be in effect at the time of the building move. The
caused by the moving of such building over high- insurance coverage shall not be canceled or
ways,streets or roadways,curbs,sidewalks,under changed without ten days' prior written notice to
and around shade trees, and any other property the public works administrator/county engineer.
which may be affected by the movement of a (Ord. No. 85-14, § 12)
CD22:97
§22-403 COLLIER COUNTY CODE
Sec. 22-403. Fees.
The following fees apply to applications sub-
mitted under this division:
(1) A fee of $100.00 will be charged for issu-
ance of a standard building transport
permit.
(2) A fee of $150.00 will be charged for issu-
ance of a special building transport permit.
(3) A fee of four times the applicable permit
fee will be charged for issuance of any after-
the-fact permit,in addition to any damages
applicable. Such after-the-fact permit shall
not preclude any penalty provided for in
section 22-383.
(4) Fees may be waived when governmental
buildings are moved, provided the applica-
tion for such move has been approved by
the public works administrator/county en-
gineer, or his designee, in accordance with
the provisions of this article.
(Ord. No. 85-14, § 14)
CD22:98
satisfactory arrangements. Notice to, and approval
by, companies with facilities on the proposed
route shall be evidenced on the permit applica-
tion.
(Ord. No. 85-14, § 8)
Sec. 22-385. Traffic control.
In all cases, the mover shall assume legal and
financial responsibility for providing adequate
traffic control. Adequate traffic control for the
movement of a building shall include, but shall
not be limited to, the following:
(1) A minimum of one escort vehicle in front
and one escort vehicle directly behind
the moving unit. The escort vehicles
shall be properly marked as such and
shall be equipped with, and have in
operation during the move, a rotating
amber warning light clearly visible from
all directions.
(2) A minimum of three moving personnel in
attendance at all times with any structure
restricted from moving during daytime
hours due to breakdown, accident,
unforeseen delay or any other reason.
One warning light will be placed for each
15 feet of building perimeter while the
structure is immobile.
(3) In order to allow traffic to pass, a moving
unit must pull over as directed by law
enforcement escort or the public works
administrator/county engineer, or his
designee.
(4) Any additional traffic control required by
the public works administrator/county
engineer, Florida Highway Patrol, the
county sheriff's department or the City of
Naples Police Department.
(Ord. No. 85-14, § 9)
Sec. 22-386. Movement of buildings at
night.
Every building being moved which occupies
any portion of public property at night shall be
subject to the following safety requirements:
(1) A minimum of five red lights shall be
placed on each street side of the building.
Such lights shall be attached to the
building so as to indicate the width,
height and size of the building. Red
lights shall also be employed in flagging
traffic at night.
(2) When temporarily stopped, flares shall
be placed at regular intervals of
approximately 50 feet for a distance of
200 feet up the street on each side of the
building.
(3) When more than 50 percent of the street,
measured between curbs, is occupied at
night by the building, or when in the
opinion of a law enforcement official or
the public works administrator/county
engineer or his designee, flagmen are
necessary to divert or caution traffic, the
mover shall, at his expense, employ two
flagmen, each positioned as directed or
as applicable to provide maximum safety.
Such flagmen shall remain at these posi-
tions or on either end of the building
diverting or cautioning traffic during night
hours.
(Ord. No. 85-14, § 10)
Secs. 22-387—22-395. Reserved.
DIVISION 2. BUILDING TRANSPORT
PERMIT
Sec. 22-396. Required.
It shall be unlawful for any person to transport
a building over or across roadways in the
unincorporated area of the county or over or
across roadways maintained by the county but
which lie within municipal boundaries in the
county without first obtaining from the public
works administrator/county engineer a standard
building transport permit or a special building
transport permit, as applicable.
(Ord. No. 85-14, § 3)
Sec. 22-397. Size limitation.
The public works administrator/county engineer
is hereby authorized to issue a standard building
§ 22-397BUILDINGS AND BUILDING REGULATIONS
CD22:95Supp. No. 112
transport permit, in conformance with the provi-
sions of this article, where the following criteria
are met:
(1) The maximum overall building width
does not exceed 30 feet excluding eaves;
(2) The maximum overall building length
does not exceed 65 feet, excluding tractor
and beams; and
(3) The maximum overall building height
does not exceed 18 feet.
(Ord. No. 85-14, § 4)
Sec. 22-398. Special permit.
(a) The public works administrator/county
engineer is hereby authorized to issue a special
building transport permit, in conformance with
the provisions of this article, where the building
to be transported meets any of the following
criteria:
(1) The building is wider than 30 feet;
(2) The building is longer than 65 feet;
(3) The building is of a height greater than
18 feet;
(4) The building is a multistory building;
(5) The building has not been completed and
occupied, in one location, for a period of
one year or more;
(6) Any building to be transported on a
Saturday, Sunday or legal holiday (New
Years, Memorial Day, Independence Day,
Veterans Day, Thanksgiving and
Christmas);
(7) Any building to be transported any day
between 7:00 a.m. and 9:00 a.m. or
between 4:00 p.m. and 6:00 p.m.; or
(8) The building is required to be permitted
by special building transport permit in
accordance with any other section of this
article.
(b) The date and time that a building is
transported pursuant to a special building
transport permit shall be specified by the state
department of transportation, the county engineer-
ing department and affected law enforcement
agencies.
(c) The public works administrator/county
engineer shall at all times have the authority to
require that a special building transport permit
be obtained by the mover where the public works
administrator/county engineer deems it neces-
sary due to special circumstances or conditions
which cause or may cause a danger to the health,
safety or welfare of the general public. The
public works administrator/county engineer shall
further have the authority to require that the
mover make all reasonable efforts to minimize or
eliminate a hazard or danger which is deemed to
exist or which may exist in the opinion of the
public works administrator/county engineer.
(Ord. No. 85-14, § 5)
Sec. 22-399. Permit application require-
ments and conditions.
(a) A permit application with instructions
shall be obtained from the office of the public
works administrator/county engineer. The
completed application must include, but is not
limited to, the following data and information:
(1) Evidence of compliance with county build-
ing codes, including:
a. Approval of the building to be moved
in accordance with applicable build-
ing codes.
b. Approval of a building permit for
the new location to which the build-
ing is being moved.
(2) A sketch indicating the route to be fol-
lowed in sufficient detail to confirm road
intersections, existing utilities, and
horizontal and vertical clearance data.
(3) The size, height, width, and type of build-
ing to be transported.
(4) The equipment to be utilized in transport-
ing the building.
(5) The approximate time of day or night the
building is to be transported.
(6) The approximate time necessary for
transporting the building.
§ 22-397 COLLIER COUNTY CODE
CD22:96Supp. No. 112
(7) Proof of compliance with the bond require-
ments as set forth in section 22-401.
(8) Any information or data required by the
public works administrator/county
engineer in order to fully review or evalu-
ate any special circumstances which may
be involved in the transport of the
applicant's building.
(b) Upon completion of the application, the
applicant shall process the application through
the following agencies for notification and/or
approval:
(1) The county sheriff's department and the
Florida Highway Patrol to assure route
control and implementation of necessary
safety measures.
(2) The county public services division to
assure notification of applicable fire and
ambulance services.
(3) Utility companies whose facilities cross
the proposed route to assure that satisfac-
tory arrangements have been made rela-
tive to all clearances and possible damage
to facilities.
(4) State department of transportation to
assure clearance as applicable to state
roads.
(5) Other agencies and/or property owners
as applicable to the route and building
move. Example: City of Naples as
applicable to private roadways, etc.
(6) Final processing shall be to the office of
the public works administrator/county
engineer for review of the proposed route
with regard to traffic volumes, width of
pavement, possible damage to signs, signal
systems and structures, etc.
a. A field review of the route may be
required at the discretion of the
public works administrator/county
engineer.
b. The mover shall notify the public
administrator/county engineer's
office of the exact time of the
scheduled movement at least 24
hours prior to movement in order
that an inspection of the route may
be made before and following the
building move to determine dam-
ages.
(Ord. No. 85-14, § 6)
Sec. 22-400. Application review; approval,
delay or denial; appeal.
(a) When the permit application has been
completed and all permit requirements addressed,
the application shall be submitted to the office of
the public works administrator/county engineer
for final review.
(b) The public administrator/county engineer
or his designee, within ten working days
thereafter, shall either:
(1) Approve the application; or
(2) Notify the applicant in writing of the
reasons for the delay or denial.
a. If a delay is necessary, the reasons
for the delay and any additional
necessary information shall be
explained to the applicant mover in
writing.
b. If additional necessary information
is not supplied by the applicant
within 30 days after being notified,
the notification of delay shall
constitute a notice of denial.
Where the public works administrator/county
engineer denies the issuance of a permit, the
applicant may appeal by filing a written notice of
appeal with the board of county commissioners
within ten working days after notification of
denial. The applicant may then appear before
the board and present facts supporting his posi-
tion. Thereafter, the decision of the board of
county commissioners shall be final.
(Ord. No. 85-14, § 7)
Sec. 22-401. Bond.
(a) The public works administrator/county
engineer, as a condition precedent to the issu-
ance of any permit, shall require any mover
making application for movement of a building
to post either a cash or surety bond. The bond
§ 22-401BUILDINGS AND BUILDING REGULATIONS
CD22:97Supp. No. 112
shall meet with the approval of the public works
administrator/county engineer; and, unless
otherwise required by the public works
administrator/county engineer, the amount of
the bond posted shall be a minimum of $10,000.00.
(b) The bond shall indemnify the county and
private property owners against any damage
caused by the moving of such building over
highways, streets or roadways, curbs, sidewalks,
under and around shade trees, and any other
property which may be affected by the movement
of a building. Such a bond shall also be conditioned
upon the mover's performance as follows:
(1) Strict compliance with the terms of said
permit, including compliance with the
route to be taken and limit of time in
which to effect the move.
(2) To repair or compensate for repair.
(3) To pay the board of county commission-
ers liquidated damages, in an amount
not exceeding $50.00, to be prescribed by
the public works administrator/county
engineer for each and every day's delay
in completing the building move in
accordance with the permit.
(4) Repairing any damage to property or
public improvement.
(5) Clearing the right-of-way of all debris
generated by the move.
(Ord. No. 85-14, § 11)
Sec. 22-402. Insurance.
(a) The public works administrator/county
engineer, as a condition precedent to the issu-
ance of a permit, shall require evidence of insur-
ance coverage to protect the permittee and the
county as follows:
(1) Workers' compensation. As required by
state law.
(2) General liability (including contractual
liability). Bodily injury, personal injury,
$500,000.00 each occurrence and
aggregate; property damage, $500,000.00
each occurrence and aggregate.
(3) Comprehensive automobile liability. Bodily
injury, $500,000.00 per occurrence;
property damage, $500,000.00 per occur-
rence.
(b) A certificate of insurance shall be provided
to confirm that the above insurance coverage
will be in effect at the time of the building move.
The insurance coverage shall not be canceled or
changed without ten days' prior written notice to
the public works administrator/county engineer.
(Ord. No. 85-14, § 12)
Sec. 22-403. Fees.
The following fees apply to applications submit-
ted under this division:
(1) A fee of $100.00 will be charged for
issuance of a standard building transport
permit.
(2) A fee of $150.00 will be charged for
issuance of a special building transport
permit.
(3) A fee of four times the applicable permit
fee will be charged for issuance of any
after-the-fact permit, in addition to any
damages applicable. Such after-the-fact
permit shall not preclude any penalty
provided for in section 22-383.
(4) Fees may be waived when governmental
buildings are moved, provided the applica-
tion for such move has been approved by
the public works administrator/county
engineer, or his designee, in accordance
with the provisions of this article.
(Ord. No. 85-14, § 14)
Secs. 22-404—22-425. Reserved.
§ 22-401 COLLIER COUNTY CODE
CD22:98Supp. No. 112
ARTICLE XII. COLLIER COUNTY
MANDATORY INSPECTION OF AGING
CONDOMINIUM AND COOPERATIVE
BUILDINGS ORDINANCE
Sec. 22-426. Title.
This Ordinance shall be known and may be
cited as the "Collier County Mandatory Inspec-
tion of Aging Condominium and Cooperative
Buildings Ordinance."
(Ord. No. 2022-42, § 1)
Sec. 22-427. Applicability.
This Ordinance shall apply in all
unincorporated areas of Collier County, and the
City of Everglades City if the City of Everglades
City agrees by resolution to have this Ordinance
apply and be enforced in the City of Everglades
City and as long as the Collier County Building
Official serves as the Building Official for the
City of Everglades City.
(Ord. No. 2022-42, § 2)
Sec. 22-428. Definitions.
When used in this Code, the following terms
shall have the following meanings:
a. Association means a residential
condominium association under chapter
718, Florida Statutes or a residential
cooperative association under chapter 718
or 719, Florida Statutes including any
owner of any portion of the building
which is not subject to the condominium
or cooperative form of ownership.
b. Building Official means the individual
charged with the responsibility to
administrate, supervise, direct, enforce,
or perform the permitting and inspection
of construction, alteration, repair, remodel-
ing, or demolition of structures and the
installation of building systems to ensure
compliance with the Florida Building
Code. This term is synonymous with
"building official" as used in the Florida
Building Code.
c. Milestone Inspection means a structural
inspection of a building, including an
inspection of load-bearing elements and
the primary structural members and
primary structural systems as those terms
are defined in § 627.706, Florida Statutes
by a an architect licensed under chapter
481, Florida Statutes or engineer licensed
under chapter 471, Florida Statutes
authorized to practice in this state for
the purposes of attesting to the life safety
and adequacy of the structural
components of the building and, to the
extent reasonably possible, determining
the general structural condition of the
building as it affects the safety of such
building, including a determination of
any necessary maintenance, repair, or
replacement of any structural component
of the building. The purpose of such
inspection is not to determine if the
condition of an existing building is in
compliance with the Florida Building
Code or the fire safety code.
d. Substantial Structural Deterioration
means substantial structural distress or
substantial structural weakness that
negatively affects a building's general
structural condition and integrity. The
term does not include surface imperfec-
tions such as cracks, distortion, sagging,
deflections, misalignment, signs of leak-
age, or peeling of finishes unless the
licensed engineer or architect performing
the phase one or phase two inspection
determines that such surface imperfec-
tions are a sign of substantial structural
deterioration.
(Ord. No. 2022-42, § 3; Ord. No. 2023-41, § 1)
Sec. 22-429. Inspection, reporting and
repairs.
A. Milestone Inspection Required. An Associa-
tion must have a Milestone Inspection performed
for each building that is three stories or more in
height by December 31 of the year in which the
building reaches 30 years of age, based on the
date the certificate of occupancy for the building
was issued, and every 10 years thereafter. If a
building reached 30 years of age before July 1,
2022, the building's initial Milestone Inspection
§ 22-429BUILDINGS AND BUILDING REGULATIONS
CD22:99Supp. No. 112
must be performed before December 31, 2024. If
a building reaches 30 years of age on or after
July 1, 2022 and before December 31,2024, then
the building's Milestone Inspection must be
performed before December 31, 2025. The Associa-
tion must arrange for the Milestone Inspection
to be performed and is responsible for ensuring
compliance with the requirements of this
Ordinance. The Association is responsible for all
costs associated with the inspection. This subsec-
tion does not apply to a single-family, two-family,
or three-family dwelling with three or fewer
habitable stories above ground.
1. However, if the building is subject to
environmental conditions such as proxim-
ity to salt water as defined in Section
379.101, Florida Statutes, the Building
Official may determine that the Associa-
tion must have a Milestone Inspection
performed by December 31 of the year in
which the building reaches 25 years of
age, based on the date the certificate of
occupancy for the building was issued,
and every 10 years thereafter.
2. If the date of issuance for the certificate
of occupancy is not available, the date of
issuance of the building's certificate of
occupancy shall be the date of occupancy
evidenced in any record of the Building
Official.
B. Notice from Building Official. The Build-
ing Official shall provide the Association written
notice of the requirement for a Milestone Inspec-
tion by certified mail, return-receipt requested
once the Building Official has determined that a
Milestone Inspection is required. The
condominium or cooperative association must
notify the unit owners of the required Milestone
Inspection within 14 days after the receipt of
written notice from the Building Official and
provide the date the Milestone Inspection must
be completed.
C. Milestone Inspection. A Milestone Inspec-
tion consists of two phases:
1. For phase one of the Milestone Inspec-
tion, a licensed architect or engineer
authorized to practice in this state shall
perform a visual examination of habit-
able and nonhabitable areas of a build-
ing, including the major structural
components of a building, and provide a
qualitative assessment of the structural
conditions of the building. If the architect
or engineer finds no signs of Substantial
Structural Deterioration to any building
components under visual examination,
phase two of the inspection, as provided
in paragraph C.2, is not required. An
architect or engineer who completes a
phase one Milestone Inspection shall
prepare and submit an inspection report
pursuant to paragraph D.
2. A phase two of the Milestone Inspection
must be performed if any Substantial
Structural Deterioration is identified
during phase one. A phase two inspec-
tion may involve destructive or
nondestructive testing at the inspector's
direction. The inspection may be as
extensive or as limited as necessary to
fully assess areas of structural distress
in order to confirm that the building is
structurally sound and safe for its
intended use and to recommend a program
for fully assessing and repairing distressed
and damaged portions of the building.
When determining testing locations, the
inspector must give preference to loca-
tions that are the least disruptive and
most easily repairable while still being
representative of the structure. An inspec-
tor who completes a phase two Milestone
Inspection shall prepare and submit an
inspection report pursuant to paragraph
D.
D. Owner's Report. Upon completion of a phase
one or phase two Milestone Inspection, the
architect or engineer who performed the inspec-
tion must submit a sealed copy of the inspection
report with a separate summary of, at minimum,
the material findings and recommendations in
the inspection report to the condominium associa-
tion or cooperative association, and to the Build-
§ 22-429 COLLIER COUNTY CODE
CD22:100Supp. No. 112
ing Official of the local government which has
jurisdiction, subject to the following require-
ments.
1. Such report must meet the following
criteria:
(a) Bear the seal and signature, or the
electronic signature, of the licensed
engineer or architect who performed
the inspection.
(b) Indicate the manner and type of
inspection forming the basis for the
inspection report.
(c) Identify any Substantial Structural
Deterioration, within a reasonable
professional probability based on
the scope of the inspection, describe
the extent of such deterioration,
and identify any recommended
repairs for such deterioration.
(d) State whether unsafe or dangerous
conditions, as those terms are defined
in the Florida Building Code, were
observed.
(e) Recommend any remedial or preven-
tive repair for any items that are
damaged but are not substantial
structural deterioration.
(f) Identify and describe any items
requiring further inspection.
2. The phase one report must be submitted
to the Building Official within 180 days
of receipt of the notice by the owners
from the condominium or cooperative
association in paragraph B. If a phase
two inspection is required, within 180
days after submitting a phase one inspec-
tion report, the architect or engineer
performing the phase two inspection must
submit a phase two progress report to
the Building Official with a timeline for
completion of the phase two inspection.
The phase two inspection report must be
submitted to the Building Official by the
date of completion in the progress report.
All reports must be submitted by the
licensed engineer or architect who
performed the inspection by e-mail, United
States Postal Service, or commercial
delivery service.
3. The Building Official may extend the
date by which a building's initial phase
one milestone inspection must be
completed upon a showing of good cause
by the owner or owners of the building
that the inspection cannot be timely
completed if the owner or owners have
entered into a contract with an architect
or engineer to perform the milestone
inspection and the inspection cannot
reasonably be completed before the
deadline or other circumstance to justify
an extension.
4. The Building Official may issue an exten-
sion of not more than 60 days to submit
the phase two Milestone Inspection report
upon a written extension request from
an engineer or architect. Such request
must contain a signed and sealed state-
ment from the engineer or architect that
the building may continue to be occupied
while undergoing inspection.
E. Repairs and Modifications.
1. In the event that repairs or modifications
are necessary as specified in the phase
two Milestone Inspection, the
condominium or cooperative association
shall have a total of 150 days from the
date of submittal of the phase two inspec-
tion report to the Building Official to
obtain the necessary permits and complete
indicated repairs or modifications. All
repairs or modifications requiring permits
shall be performed in conformance with
the Florida Building Code as adopted by
County Ordinance and shall follow the
timeline provided in the applicable active
permit.
2. When any structural repairs or modifica-
tions are required, the responsible
engineer or architect who has performed
the Milestone Inspection shall provide
the Building Official with a letter indicat-
ing whether the building or structure
may continue to be safely occupied while
§ 22-429BUILDINGS AND BUILDING REGULATIONS
CD22:101Supp. No. 112
the building or structure is undergoing
repairs. Such letter shall be valid for no
more than 180 days, and a new letter
shall be issued if repairs or modifications
remain ongoing.
3. Once all applicable repairs are completed,
the engineer(s) or architect(s) providing
the Milestone Inspection report must
provide an amended report indicating
that the building or structure is safe for
continued use under the present
occupancy.
4. All repairs for Substantial Structural
Deterioration must be commenced within
365 days of receipt by the Building Official
of the phase two Milestone Inspection
report.
5. The Building Official may issue an exten-
sion of not more than 60 days to obtain
any necessary permits upon a written
extension request from an engineer or
architect. Such request must contain a
signed and sealed statement from the
engineer or architect that the building
may continue to be occupied while
undergoing recertification.
F. Failure to Perform Repairs and Modifica-
tions. If an Association fails to submit proof to
the Building Official that repairs have been
scheduled or have commenced for Substantial
Structural Deterioration identified in a phase
two inspection report within the required time-
frame in paragraph E, the Building Official must
review and determine if the building is unsafe
for human occupancy.
(Ord. No. 2022-42, § 4; Ord. No. 2023-41, § 2)
Sec. 22-430. Enforcement and penalties.
If any person, firm or corporation, whether
public or private, or other entity fails or refuses
to obey or comply with or violates any of the
provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of
such offense, shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed
Five Hundred Dollars ($500.00) or by imprison-
ment not to exceed Sixty (60) days in the County
Jail, or both, in the discretion of the Court. Each
violation or non-compliance shall be considered a
separate and distinct offense.
Further, each day of continued violation or
non-compliance shall be considered as a separate
offense.
Nothing herein contained shall prevent or
restrict the County from taking such other lawful
action in any court of competent jurisdiction as is
necessary to prevent or remedy any violation or
non-compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable
action for injunctive relief or an action at law for
damages. Further, nothing in this Section shall
be construed to prohibit the County from prosecut-
ing any violation of this Ordinance by means of a
Code Enforcement Board or Special Magistrate
established pursuant to the authority of Chapter
162, Florida Statutes.
All remedies and penalties provided for in this
Section shall be cumulative and independently
available to the County and the County shall be
authorized to pursue any and all remedies set
forth in this Section to the full extent allowed by
law.
(Ord. No. 2022-42, § 5)
Sec. 22-431. Conflict and severability.
In the event that this Ordinance conflicts with
any other ordinance of Collier County or other
applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be
deemed separate, distinct and independent provi-
sion and such holding shall not affect the valid-
ity of the remaining portion.
(Ord. No. 2022-42, § 6)
Secs. 22-432—22-460. Reserved.
§ 22-429 COLLIER COUNTY CODE
CD22:102Supp. No. 112