Board of Adj & Appeals Minutes 05/06/2011
May 6, 2011
MINUTES OF THE
COLLIER COUNTY BOARD OF ADJUSTMENT & Afn1PEA, L, S
~MlliG j~~:H~~J
Naples, Florida, May 6, 2011
BY: ...................
....
LET IT BE REMEMBERED that the Collier County Board of Adjustment and
Appeals, having conducted business herein, met on this date at 1: 00 PM in
REGULAR SESSION in Conference Room #610, Collier County Growth
Management Division/Planning & Regulation, Naples, Florida, with the
following Members present:
Fiala
Hiller
Henning
Ce, ie
Cwietta
CHAIRMAN: Kenneth R. Rech, P .E.,
Florida Department of Health
John Melton
Integral Building C01pOl'ation.
Fire Marshall Bill Silvester
Golden. Gate Fire District
Randy Anderson (Absent)
ALSO PRESENT:
Jamie French, Director - Operations & Regulatory Management, GMD
Judy Puig, Operations Analyst - Staff Liaison, GMD
Michael Ossorio, Contractors' Licensing Supervisor
Ed Riley, Fire Code Official (Absent)
Gary Harrison, Building Code Official
Tatiana Gust, Building Review Manager
Steve Williams, Esq., Assistant County Attorney
Mise, Corres:
Date: 0\\ Vb' \. ,
Item #:~ \AI:S:'2.. '*1 ":2_
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May 6, 2011
Any person wllo decides to appeal a decision oftllis Boanl will need (I record of tile
proceedings pertaining theJ'eto and may need to ensure that a verb(ltim record of the
proceedings is made, which J'ecol'd includes the testimony and evidellce upon which tlte
Appe(11 is to be based,
I. Call to Order - Chairman:
Chairman Rech called the meeting to order at 1 :04 PM and read the procedures to be
followed during the Hearing.
Roll call was taken and a quorum was established,
II. Approval of Agenda:
John Melton moved to approve the Agenda as submitted. Second by Bill Silvestel'.
Carried unanimously, 3 - O.
III. Public Speaker:
Jim Kibler, DME Shoppe Ft. Myers, Inc.
IV, Agenda Item:
A. Waiver of Requirement for a Building Permit for Incline Stainvay Chairlift-
Leon Jilek, Homeowner and Carol Method, President, DME Shoppe Ft, Myers
It was noted:
. James Kibler is the spouse Carol L. Method, the Respondent
. Leon Jilek, the homeowner, was not present
James Kibler distl'ibuted {I tTtree"page document to the MembeJ's.
The following is a bl'ief overview of the infonnation provifled concerning DME:
. Carol L. Method is the President of the employee-owned/operated
company which has been in business for 24 years
. Received HQAA accreditation (Healthcare Quality Association)
. Stairway lifts are installed only in private residences - not in commercial
buildings
. The company has not previously been required to obtain a Building Pelmit
to pelform work in any of the following:
o Counties: Lee, Collier, Charlotte, Sarasota, Hardee, Glades, or
Manatee
o Cities: Marco Island, Naples, Ft. Myers, Englewood, Venice,
Sarasota, Arcadia, Boca Grande, Wauchula, Sanibel, Placidia, Bonita
Springs, Matlacha, 01' Cape Coral
I Was awarded a special designation as a Residential Elevator and
Accessibility Contractor by the City ofSanibel's Contractor Licensing
Board - the classification was created under the Handyman umbrella
o The Residential Elevator License r~mains current and in good standing
. On December 28, 2010, met with Rob Ganguli, Licensing Compliance
Officer, and Tatiana Gust, Collier County Building Review Manager
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May 6, 2011
. Two Citations were issued:
o #5943: Engage in the business or act in the capacity of a Contract01~
or advertise self or business organization as available to engage in
the busin.ess, or act in the capacity of a contractor without being
duly registered or certified
o #5944: Commence orpelform workfor which a Building Permit is
required pursuant to an adopted State Minimum Building Code,
without such Permit being in effect.
. A Hearing was held before the Contractots' Licensing Board on March 16,
2011
James Kibler presented tile Respondent's case:
. Florida Division of Hotels and Restaurants of the Department of Business
and Professional Regulation, Chapter 30 - Elevators and Conveying
Systems,
o "C" defines an inclined stairway lift as "... a device used to
transport physically handicapped persons over architectural
barriers 11
. Under Chapter 30, an inclined stairway chairlift installed in a private
residences was cited as an exception to the regulation:
o "Private Residence" was defined as a separate dwelling. 01' a
separate apartment in a multiple-dwelling building, which is
occupied by members of the same family. 11
o The Jilek home complies with the definition of a private residence
. ASME ("American Society of Mechanical Engineers") 117 - Code for
residential installations
. ASME 118 - Code for commercial applications
Mr. Kibler stated if Collier County insists on compliance with AS ME 118, all
owners of accessibility products will be required to pay an annual- inspection fee
of $150 to $500 per year. He claimed this would become a tax, applicable only to
the disabled.
John Melton disputed the statement that the condominium unit qualified as a
"single-family residence" because it was located within a multi-family building.
James Kibler reiterated the definition under Section "c" of Chapter 30 of the
Florida Building Code, He noted the staircase served only one residence and
could be used by only one family because a key is necessary for the unit to
function.
Mr. Melton defened to Gary Harrison,
Gary Hanison, Collier County Building Code Official, stated the Florida
Building Code outlines the requirements for when a Permit is necessary under
Chapter 1- "Administration," Section 105 - "Permits."
"Any owner or authorized agent who intends to construct,
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May 6,2011
enlarge, alter~ repair, move, demolish, or change the occupancy
of a building or structure, or to erect, install, enlarge, alter,
repair, remove, convert 01' replace any required impact-resistant
coverings, electrical, gas, mechanical 01' plumbing system, the
installation of which is regulated by this Code, 01' to cause any
such work to be done, shall first make application to the Building
Official and obtain the required Permit."
He cited Chaptel' Ten - "Means of Egress" under Section 1009 - "Stairways" as
follows:
"Exception 4 - Where an incline platform lift 01' stairway chairlift
is installed on stairways serving occupancies in Group R-3, or
withill dwelling units in occupancies in Group R-2, a clear passage
width not less than 20 inches (508 mm) shall be provided. If the
seat and platform can be folded when not in use, the distance shall
be measured from the folded position."
Mr. Harrison continued "Group R-3" designates single family and "Group R-2"
designates multiple family. The residence under discussion is a Condominium
and is zoned R-2. He stated the key word in the Exception was "with ill " -
because it is multi-family and is zoned "R-2~~ it is considered to be Commercial.
He further cited Chapter 30 - "Elevators and Conveying Systems," Section
3001.6 - "Elevator" as follows:
"ELEVATOR. One of the following mechanical devices:
(f) An inclined or vel,tical wlteelchail' lift, whiclt is a device used to
transport wheelchair handicapped persons ovel' architectural bal'l'iers"
He stated the exception refers to lifts which are located in - not outside - a private
residence.
Mr. Harrison cited AS ME A-118,l which applies to platform lifts and stairway
chair lifts and Section 7 - "Private Residences/Inclined Stairway Chair Lifts/'
noting the Chapter sets forth the requirements and various guidelines for
installation
He continued if there is no opportunity to review the plans, there will be no way
to assess how the electrical is hooked up~ or determine if there is a 20-inch
passageway, or review how the unit is fastened to the stairs.
He concluded this is why a Permit is required.
Gary Harrison Miher stated since a chairlift is not an elevator, a yearly
inspection will not be required. He fUliher stated if the installation is due to an
emergency, there would not be a problem as long as a Permit is obtained by the
next business day.
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May 6, 2011
John Melton asked if the lift was considered to be an "appliance" because it was
plugged into a wall.
James Kibler clarified the lift was completely battery-operated. He stated the
photograph referenced by Mr, Melton depicted the charging units. He noted other
Counties in Florida considered the lift to be an appliance.
Gary Harrison stated while the Respondent's credentials may be impeccable, the
decision to require a Permit is to protect the public from unscmpulous companies
that may not take as much case installing lifts as DME.
James Kibler stated if Collier County chooses to adhere to AS ME 118, a yearly
inspection will be required.
Mr_ Harrison reiterated the inclined lift is not an elevator ifit is installed inside a
residence. When it is installed outside in an open stairway, he has concerns.
Mr. Kibler noted the Code mandates a yearly inspection of the equipment. He
stated eollier County will be forcing the disabled to pay for the inspection.
MI-, Harrison stated he makes decisions based on his interpretation of the Code
and, when it comes to public safety, there is no secondary way,
Fire Marshall Silvester, Golden Gate Fire District, asked if the product was
UL listed for outside use and the response was "yes,"
He also asked ifthe staircase served one unit or one family.
Mr, Kibler confirmed the staircase was connected to only one unit.
John Melton asked how the Permit would be handled, especially in an
emergency situation when the patient (resident) was about to be released from the
hospital.
Gary Harrison responded he would require a "walk through."
He continued if the unit did not require electric service, the walk through would
be accomplished by a Building inspector.
He further stated in an emergency situation, the lift could be installed first as
long as the Permit was obtained by the end of the next business day,
John Melton noted the unit folds up and meets egress requirements but because it
is "cortunercial," Fire is also impacted and a clear path of travel is necessary.
He asked about the review process and what the County would require to obtain a
Permit for this specific type of installation.
He continued in the future, the goal is to allow a company such as DME to obtain
the Permit, pay the fee, obtain inspections, and do so in a timely manner to allow
the installation to happen quickly without requiring the hiring of a P.E.
He noted because it is commercial, the process could become very complicated
very quickly. He suggested the Building Department examine the case and
determine how to expedite a quick Permit process, making the required
documents relatively simple.
Gary Harrison stated Fire will be required to inspect but Building can "walk it
back." He estimated the Permit could be obtained in one day because the
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May 6,2011
Building Depa11ment will not delay it. Fire and the Building Department will be
present to ensure that the installation has been done properly and does not create a
safety hazard.
John Melton stated if the process is too difficult, other vendors may not even
attempt to obtain a Pelmit.
Gary Harrison stated the Building Depa11ment will require the manufacturer's
specifications and fastening details as documentation.
Michael 0880110, Contractors' Licensing Supervisor, stated on Febmary 16th,
the Contractor's Licensing Board Hearing reviewed the two Citations issued, one
for the lack of a license and the other was for the lack of a Building Pelmit. The
Board refen'ed the case to BOAA for review to determine if a Building Permit
was required for the installation. Once a detelmination is made, the case will be
returned to the Contractors' Licensing Board to decide if a license is required.
He stated Collier County does not have jurisdiction over residential elevators but
noted Sanibel created a special license, Residential Elevator and Accessibility
Contractor, but it will be up to the Licensing Board to make the determination.
James Kibler stated the company is not licensed to do work in a commercial
building. The company installs only in private residences.
Michael 08sorio outlined the permitting process when electrical is involved, i.e.,
an electrician would be hired to obtain an over-the-counter Pelmit, perform the
work required, and obtain the necessary inspection, The Contractor selling the
appliance would continue the installation of the unit.
James Melton noted the Board of Adjustment and Appeals ruled on the cost of
residential Permits at its last meeting. He stated the threshold amount for a Permit
did not encompass the cost of the chairlift which exceeds the amount previously
approved.
Gary Harrison again reiterated the installation is considered "commercial," and
not residential.
Tatiana Gust, Building Review Manager, stated the classification of
"residential occupancy" relates to a single-family, detached home. The exception
does not apply when the residence is in a building with more than one unit.
James Kibler stated DME has installed dozens of the units throughout the State
of Florida,
Chairman Rech stated the function of the Board differs from that of the Building
Depm1ment.
He reiterated the purpose of the Board's hearing of the issue, stating the Board
has been charged with reviewing a specific question.
Assistant County Attorney Steve Williams concurred that the Board is to
determine whether or not the exception as a "private residence" applies in this
situation. He noted Gary Harrison explained the County's position that the
residence is not considered to be a separate dwelling because it is located in a
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May 6,2011
multi-family building, He continued the Applicant's position is that the exception
applies because the staircase serves only the one unit.
He concluded the Board's responsibility is to answer the question before it.
Jamie French, Director - Operations & Regulatory Management, Growth
Management Division, stated the County relies on the technical guidance of the
Building Code Official and must follow his mling, He agreed to Board of
Adjustment and Appeals is to determine whether or not the decision made by the
Building Code Official is conect.
He noted there is a five-day turnaround on single-trade permits. If the deadline is
not met, the Applicant is refunded 50% of the fee. He further stated no refunds
have been issued during the past year. ,
He continued there was never an intention on the patt of the County to create a
"money grab," and certainly not on the back of the handicapped. There has been
no attempt to target a specific industry. Staff is mandated to ensure that every
applicant for a permit is treated fairly and uniformly.
He asked if a building permit is required, was it detetmined if the staircase was
owned by the applicant or by the HOA. He also asked if the HOA had provided a
letter considering that issue,
Fire Marshall Silvester noted during a fire inspection, the staircase is considered
to be a commercial staircase once it leaves the unit.
Chairman Rech asked if the staircase were inside the unit, would a Petmit still
be required.
Gary Harrison stated nothing in the Chapter stated a Permit would not be
needed. He further stated the staircase is a stmctural entity - while it does not
have bearing, it has a weight load. He noted the Building Code does not exempt
Handicapped Accessible from being required to obtain a Permit. He stated he has
not reviewed the residential building code dealing with single-family residences.
Chairman Rech restated the question before the Board:
"Is the installation of an inclined stairway chairlift and/or
inclined or vertical wheelchair lift located in a stairway within
a multi:family building, which stail'way is not gated or behind
a door, 'which accesses on.ly one private residence exempt from
permitting pursuant to the operation of the exemption contained
in Chapter 30 of the Florida Building Code as adopted by Collier
County?"
John Melton nroved to appl'ove tlt(lt II permit is requ;,'ed. Second by Fire
Marshall Silvester. CllI'J'ied unanimously, 3 - O.
Chaimum Rech noted the C{lse is returned to the ContnlCtors' Licensing Board.
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May 6, 2011
V. Committee Member Comments
(None)
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chair at 1:51 PM.
COLLIER COUNTY BOARD OF ADJUSTMENT
AND APPEAL
~~~
Kenneth R. Rech, P.E" Chairmau
The Minutes were ~pl'oved by the Boal'd/Chahman on
"as submitted" W OR "as amended" L),
$h ,;2 ~
,2011,
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