Agenda 09/10/2024 Item #16A 7 (Advertise an Ordinance amending the Florida Building Code, Eight Edition (2023))16.A.7
09/ 10/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise an Ordinance amending Ordinance 2023-64, which adopted the
Florida Building Code, Eighth Edition (2023), by adding certain amendments and bring back the Ordinance
at an advertised public hearing.
OBJECTIVE: To direct staff to advertise an ordinance amending the Florida Building Code to codify the
requirement for spot surveys and add certain protections for the building official, member of the board of appeals or
employee charged with the enforcement of this code.
CONSIDERATIONS: On January 9, 2001, the Board of County Commissioners "Board" adopted Ordinance No.
2002-01, which adopted the Florida Building Code, 2001 Edition and amended Chapter One, including Section
105.6.1, entitled "Building Inspections - As -Built survey," to require a location survey. On March 7, 2006, the
Building Official created Building Block A-94, which expanded on requirements for spot surveys and a waiver.
Building Block A-94 was replaced with A-128 and Bulletin 21, as amended.
On November 16, 2009, the Board adopted Ordinance No. 2009-59, which adopted the Florida Building Code,
2007 Edition, repealing Ordinance No. 2002-01, and removed the codified requirement of the "as -built survey".
On December 12, 2023, the Board adopted Ordinance No. 2023-64, which adopted the Florida Building Code,
Eighth Edition (2023), and added certain local exceptions and amendments to it. This took effect on December 31,
2023, replacing the Florida Building Code, Seventh Edition (2020).
This ordinance amends Section 110.3 to require a spot survey to be provided after a foundation inspection is passed
or prior to a structure receiving a certificate of occupancy or certificate of completion if there is no foundation
inspection.
The administrative amendments to 104.8 and 104.8.1 provide protection from any suit instituted against an officer,
employee, or board member because of an act performed by that officer, employee, or board member in the lawful
discharge of duties.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees, funds are available
within the Community Development Fund (1013).
GROWTH MANAGEMENT IMPACT: There is no anticipated Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. (HFAC)
RECOMMENDATION: To direct staff to advertise an Ordinance amending Ordinance 2023-64, Florida Building
Code Adoption, to require a spot survey and provide certain protections to officers, employees or board members.
Prepared by: Doug Sposito, Deputy Building Official, Plan Review & Inspection Division, and Michael Bosi,
Director of Planning & Zoning Division
ATTACHMENT(S)
1.Ordinance - 080624 initialed (PDF)
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16.A.7
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doe ID: 29512
Item Summary: Recommendation to direct staff to advertise an Ordinance amending Ordinance 2023-64, which
adopted the Florida Building Code, Eighth Edition (2023), by adding certain amendments and bring back the
Ordinance at an advertised public hearing.
Meeting Date: 09/10/2024
Prepared by:
Title: Operations Analyst — Planning Commission
Name: Diane Lynch
08/08/2024 11:33 AM
Submitted by:
Title: Director - Building Plans Review & Inspections — Building Plan Review & Inspections
Name: Richard Long
08/08/2024 11:33 AM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch
Building Plan Review & Inspections Richard Long Division Director
Transportation Management Operations Support Evelyn Trimino
Unknown Jaime Cook GMCDD Reviewer
Zoning Mike Bosi GMCDD Reviewer
Growth Management Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke OMB Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
GMD Approver Completed
08/08/2024 11:33 AM
Completed 08/09/2024 12:29 PM
GMCDD Reviewer Completed
08/23/2024 4:16 PM
Completed 08/26/2024 9:12 AM
Completed 08/27/2024 12:06 PM
Growth Management Completed
09/04/2024 1:22 PM
Completed 09/04/2024 1:28 PM
Completed 09/04/2024 1:46 PM
Completed 09/04/2024 2:20 PM
Completed 09/04/2024 2:27 PM
Completed 09/04/2024 2:44 PM
09/10/2024 9:00 AM
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16.A.7.a
ORDINANCE NO.2024-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-
64, WHICH ADOPTED THE FLORIDA BUILDING CODE, EIGHTH
EDITION (2023), TO ADD AN AMENDMENT TO SECTION 110.3 OF
THE FLORIDA BUILDING CODE RELATING TO REQUIRED
INSPECTIONS; AND TO ADD SECTIONS 104.8 AND 104.8.1
RELATING TO LIABILITY AND LEGAL DEFENSE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida
Statutes provides that counties, as political subdivisions of the State, have the governmental and
proprietary powers to enable them to conduct government, perform services, and may exercise
any such powers for public purposes, except when expressly prohibited by law; and
WHEREAS, on January 8, 2002, the Board of County Commissioners adopted Ordinance
No. 2002-01, which adopted by reference the Florida Building Code, 2001 Edition and added
Section 105.6.1 entitled "Building Inspections -As -Built Survey" to require a location survey
depicting building foundation, to be enforced by Collier County in the unincorporated portions of
the County; and
WHEREAS, on November 10, 2009, the Board of County Commissioners repealed
Ordinance No. 2002-01 ("2009 Ordinance") in its entirety, including Section 105.6.1 entitled
"Building Inspections -As -Built Survey"; and
WHEREAS, most recently, on December 12, 2023, the Board of County Commissioners
adopted Ordinance No. 2023-64, which adopted by reference the Florida Building Code, Eighth
Edition (2023), to be enforced by Collier County in the unincorporated portions of the County, as
well as exemptions to the Florida Building Code, and amendments to administrative provisions
of the Florida Building Code, as authorized by Section 553.73(4)(a), Florida Statutes; and
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16.A.7.a
WHEREAS, pursuant to Section 553.73(4)(a), Florida Statutes, the Board of County
Commissioners desires to amend Section 110.3, an administrative provision of the Florida
Building Code, relating to inspections, to add the survey requirement that was omitted in the
2004 Ordinance; and
WHEREAS, the Board further desires to adopt provisions related to liability and legal
defense of the building official, member of the Board of Appeals and County employees.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE: AMENDMENT OF ORDINANCE NO. 2023-64 TO ADOPT
ADDITIONS TO THE FLORIDA BUILDING CODE.
Paragraph 2 of section one of Ordinance No. 2023-64 is hereby amended as follows:
2. Additions. The following additions, adjustments, amendments and exemptions are
added to the Eighth Addition (2023) Florida Building Code as amended:
104.8 Liability'.
The building official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be civilly or criminally rendered liable personally and is hereby relieved from
personal liabili1y for any damage accruing to ersons or propeKty as a result of any act or b
reason of an act or omission in the discharge of official duties. Any suit instituted against an
officer or employee or board member because of an act performed by that officer or
employee or board member in the lawful discharge of duties and under the provisions of this
code shall be defended by legal representative of the jurisdiction until the final termination
of the proceedings. The building official or any subordinate shall not be liable for cost in
aLiy action suit or proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense.
Any suit or criminal complaint instituted against an officer or employee or board member
because of an act performed by that officer or employee or board member in the lawful
discharge of duties and under the provisions of this code shall be defended by legal
representatives of the jurisdiction until the final termination of the proceeding
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16.A.7. a
building official or any subordinate shall not be liable for cost in any action. suit or
proceeding that is instituted in pursuance of the provisions of this code.
110.3 Required Inspections.
Building
1. Foundation inspection. To be made after trenches are excavated and forms erected
and shall at a minimum include the following building components:
1.2 The permit holder shall submit, within 10 calendar days of this inspection, a spot
survey depicting the building foundation to the authority having jurisdiction. For
structures without a foundation inspection and that require a minimum floor
elevation, a spot survey is required prior to receiving a certificate of
Occupancy/Completion. The spot survey shall be prepared by or under the direct
supervision of a Florida Registered land surveyor and certified by same and shall be
in a form acceptable to the Building Official. The Buildinp, Official has the right to
waive this requirement for certain small, non -habitable structures.
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SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
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16.A.7.a
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: PENALTIES FOR VIOLATION.
If any person, firm, corporation, or other legal entity whether public or private, shall fail or
refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person,
firm, corporation, or other legal entity whether public or private, upon conviction of such
offense, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
court. Each day of continued violation or noncompliance shall be considered as a separate
offense. In addition, any person, firm, corporation, or other legal entity whether public or
private, convicted under the provisions of this section shall pay all costs and expenses involved
in the case. In addition, the provisions of this Ordinance may be enforced by any means
appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
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16.A.7. a
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 2024.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legalitN :
Heidi Ashton-Cicko 8-8-24
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chris Hall, Chairman
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