Agenda 09/24/2024 Item #17H (Ordinance amending Ordinance 2023-64, Florida Building Code Adoption, to require a spot survey and provide certain protections to Officers, Employees or Board Members)9/24/2024
Item # 17.H.
ID#: 2024-1061
Executive Summary
Recommendation to adopt an Ordinance amending Ordinance 2023-64, which adopted the Florida Building Code, Eighth
Edition (2023), by adding certain amendments.
OBJECTIVE: To adopt 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 the Florida Building Code, which 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 for protection from 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.
FISCAL IMPACT: There is no fiscal impact associated with this item.
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)
RECOMMENDATIONS: To adopt 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
ATTACHMENTS:
1. Ordinance - 080624 initialed
2. legal ad - agenda ID 24-1061 - Spot survey Building Code amendment
Page 4895 of 4908
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 IIO.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 govemmental and
proprietary powers to enable them to conduct govemment, 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 ofthe 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(\(a), Florida Statutes; and
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WHEREAS, purslurnt to Section 553.73@)(a), Florida Statutes, the Board of County
Commissioners desires to amend Section 1 10.3, an administrative provision of the Florida
Building Code, relating to inspections, to add the survey requirement that was omitted in the
2009 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 ol section one of Ordinance No .2023-64 is hereby amended as follows
2. Additions. The following additions, adjustmcnts, amendments and exemptions are
added to thc Eighth Addition (2023) Florida Building Code as amended:
* ** *+ * *+ 1. ** * * **,* *** *
10J.8 Liabilitr'.
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are added 2 ol5
The building official. member of the board of appeals or employee charged with the
enforcement of this code. while actine for the iurisdiction in eood faith and without malice
in the discharse of the duties required by this code or other pertinent law or ordinance. shall
not thereby be civillv or criminally rendered liable personall-y and is hereby relieved from
oersonal liabilitv for any damage accruinq to persons or propertt as a result of any act or by
reason ofan act or omission in the discharee of official duties. Any suit instituted aeainst an
officer or employee or board member because of an act performed bv that officer or
employee or board member in the lawfirl discharqe ofduties and under the provisions of this
code shall be defended bv lesal representative of the jurisdiction until the final termination
of the proceedines. The buildine official or any subordinate shall not be liable for cost in
any action, suit or proceedinq that is instituted in pursuance of the provisions ofthis code.
104.8.1 Leeal defense.
Any suit or criminal comolaint instituted asainst an officer or employee or board member
because of an act performed bv that officer or employee or board member in the lawflrl
discharee of duties and under the orovisions of this code shall be defended by leqal
representatives of the iurisdiction until the final termination of the proceedings. The
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buildins official or any subordinate shall not be liable for cost in an actron sult or
proceedins that is instituted in pursuance ofthe Drovl sions of this code
I 10.3 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:
******************,k**
1.2 The permit holder shall submit. rvithin 10 calendar dats of this inspection. a spol
survey depicting the building foundation to the authority having iurisdiction. For
structures without a foundation inspection and that require a minimum floor
elevation. a spql sun-ey is required prior to receiving a certificate o1'
Oc anc /Com letion. The s t surve shall be or un er the direct
supervision of a Florida Resistered land surv eyor and certified by same and shall be
in a lorm acceptable to the Building Olllcial. The Building Olllcial has the right to
waive this requirement for certain small, non-habitable structures
* * * * * * * * * * * * * * * * * * J.*
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. Ifany phrase or portion ofthe 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.
The provisions ofthis Ordinance shall become and be made a part ofthe Code oflaws and
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** * +* *** *** ** *** ***. *
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Page 4898 of 4908
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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Page 4899 of 4908
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 legality:
Heidi Ashton-Cicko
Managing Assistant County Attomey
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BOARD OF COUNTY COMMISSIONERS
COLLIER COI.]NTY, FLORIDA
By:
Chris Halt. Chairman
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Page 4900 of 4908
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) at 9:00 A.M. on September 24, 2024, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL to consider:
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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation i s provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page 4901 of 4908
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Jennifer Hansen
Deputy Clerk (SEAL)
Page 4902 of 4908