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Ordinance 97-32 ORDINANCE NO. 97- 32 COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96°83 BEING THE COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE, FOR THE GAS, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, SWIMMING POOL, AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING ONLY SECTION 104.2.3 RELATING TO THE RESPONSIBILITY OF DESIGN PROFESSIONALS; ALSO REVISING SUBSECTION 104.7.1 AND SUBSECTION 104.7.4 TO REFERENCE THE CURRENT COLLIER COUNTY FEE RESOLUTION NO. 96-594; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 553.73(4)(a), Florida Statutes ~ authorizes Florida counties to make local amendment to ~ts building codes; and ~ WHEREAS, this Ordinance amends Subsection 104 2c. 3 (Design Professionals) to narrow the scope of responsib~litiee for design professionals; and WHEREAS, this Ordinance amends Subsections 104.7.1 and 104.7.4 of Section 104.7 ,Fees) to update the reference to the County's Fee Resolution No. 96-594. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SUBSECTION 104.2.3 (DESIGN PROFESSIONALS) OF THE COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVT~ CODE IS HEREBY ENDED AS FOLLOWS: 104.2.3 Design Professional. The design professional shall be an architect or engineer legally registered under th'e laws of this state regulating the practice of architecture or ~ngineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All structures in Collier County. 2. Buildings subject to certified performance under the Collier County Coastal Construction Ordinance No. 87-20, as amended or superseded. 3. Elevated residential structures supported by beams and columns such as piles or piers shall be designed by a professional architect or engineer in the State of Florida for appropriate gravity, horizontal and uplift loads up to the first elevated finished floor level· The remaining portions of the residence above the finish floor level may be designed per the Collier County Building Codes· Exception: One and two family dwellings do not require an architect or engineer unless they are in a coastal construction zone or are constructed on stilts, piers, piles, etc., as outlined in subsection 104.2.3, 2 or 3, above. Except to the extent expressly cQntrac~ed by the de~i.~n prOfesSional, or.to. the extent required bV Florida sta~u~es, the design professional shall not be respQnsib!~ ....... :~:~:~" for determining whether any structure designed by the design professional is being constructed in accordance with his or her design and specifications. A design professional's inspection on any structure shall have no legal effect for purposes of this Ordinance unless the requirements of either ol- Words ~ are deleted; words underlined are added. Section 553.79(5) or Chapter 468, Part XIII, Florida Statutes, have been met by the design professional. SECTION TWOz SUBSECTIONS 104.7.1 AND 104.7.4 OF SECTION 104.7 (FEES) ARE HEREBY AMENDED AS FOLLOWS: 104.7 Fees 104.7.1 Prescribed Fees. The Board of County Commissioners shall establish, by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this ordinance and related ordinances. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this ordinance. Collier County Resolution No. 96-594 95 C~3 which is the current schedule of fees and charges for permit and inspection processes, is hereby adopted as the current fee and charge schedule. The charges listed may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. 104.7.2 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 100% of the usual permit fee plus the usual required permit fees. 104.7.3 Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the sane was paid, alcng with the date and amount thereof. 104.7.4 Schedule of Permit Fees. On all buildings, structures, electrical, plumbing, mechanical, gas or fire systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the Collier County Fee Resolution No. 96- 59{ ~ as then amended or superseded. SECTION T~REE: 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 this 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 Ordinances of collier County, Florida. The sections of the Ordinance may be tenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FI~'E: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Secretary of State. '2- Words struck t,hrou~,~ are deleted; words underlined are added. i~j~] ~i~~ , BOARD OF COUNTY COMMISSIONERS Secr~ of Tho ~8~ C. gs~me~ Assistant County Atto~ey f~h~g ~c.:iv~d this ~ day. ot , ~-. ' '3- Words struck through are deleted; words underlined are added. STATE OF FLORIDA) eCO~ OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-32 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of July, 1997· County Commissio~-~{i B~aureen Ke~~'o~.,/ Deputy Clerk"l'." .... '~ ....~ .......