Agenda 06/23/2015 Item #17B6/23/2015 17. B.
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance adopting the Florida Building Code Fifth
Edition (2014) to become effective on June 30, 2015, and incorporate existing local
amendments, exemptions and the current County wind maps, and providing for repeal of
Ordinance No. 2012 -14 in its entirety.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt the Florida Building
Code Fifth Edition (2014) and incorporate existing local amendments, exemptions and the
current County wind maps, and providing for repeal of Ordinance No. 2012 -14 (which adopted
the 2010 Florida Building Code).
CONSIDERATIONS: Florida Building code updates are standard business requirements of the
Industry. Updates include but are not limited to Energy Code, mechanical core evaluation,
electrical fault requirements and fire separation criteria to improve building efficiencies and
provide additional assurances to protect life, health, and safety. Collier County Ordinance No.
2012 -14 will sunset with the adoption of the Florida Building Code Fifth Edition (2014). The
State has determined the effective date of the Florida Building Code Fifth Edition (2014) as June
30, 2015. At the June 9, 2015 hearing, under agenda item 916A18, the BCC directed the
County Manager or his designee to advertise and bring back an Ordinance repealing Ordinance
No. 2012 -14 in its entirety and adopting a new Ordinance referencing the new Florida Building
Code Fifth Edition (2014).
The proposed Ordinance would make the Florida Building Code Fifth Edition (2014) the
applicable building code in Collier County, effective June 30, 2015, and would continue existing
amendments and exemptions to the Florida Building Code which were adopted by the BCC in
2012 (Ordinance 2012 -14).
The Ordinance will continue to apply the wind maps specific to Collier County.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no anticipated growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval — SAS.
RECOMMENDATION: That the Board of County Commissioners approves the proposed
Ordinance adopting the Florida Building Code Fifth Edition (2014), and incorporating existing
amendments and exemptions, and current wind maps, to be effective as of June 30, 2015.
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Prepared by: Kenneth Kovensky, Director, Operations & Regulatory Management Division,
Growth Management Department and Richard Long, Manager of Plan Review & Inspections
Division, Growth Management Department
Attachment: Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.13.
Item Summary: Recommendation to approve an Ordinance adopting the Florida Building
Code Fifth Edition (2014) to become effective on June 30, 2015, and incorporate existing local
amendments, exemptions and the current County wind maps, and providing for repeal of
Ordinance No. 2012 -14 in its entirety.
Meeting Date: 6/23/2015
Prepared By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
5/27/2015 1:25:42 PM
Submitted by
Title: Division Director - Operations Support, Growth Management Department
Name: KovenskyKenneth
5/27/2015 1:25:43 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 5/28/2015 9:33:52 AM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 5/28/2015 10:52:38 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 5/29/2015 12:28:14 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/6/2015 8:13:57 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 6/8/2015 9:21:40 AM
6/23/2015 17.B.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 9:43:08 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/12/2015 8:18:04 AM
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6/23/2015 17.B.
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, FIFTH EDITION (2014), AND PURSUANT
TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE FLORIDA BUILDING CODE, FIFTH EDITION (2014) RELATING
TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A
PROPERTY OWNER ON HIS OR HER OWN PROPERTY;
INCORPORATING CURRENT LOCAL WIND ZONE MAPS;
PROVIDING FOR REPEAL OF ORDINANCE NO. 2012 -14 IN ITS
ENTIRETY; 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, pursuant thereto, on March 27, 2012, the Board of County Commissioners
adopted Ordinance No. 2012 -14, which adopted by reference the Florida Building Code, 2010
edition, to be enforced by Collier County in the unincorporated portions of the County as well as
local amendments to the administrative procedures of the Florida Building Code as authorized by
Section 553.73(4)(a), Florida Statutes; and
WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the
Florida Building Code adopted by a local government pursuant to this paragraph shall be
effective only until adoption by the Florida Building Commission of a new edition of the Florida
Building Code every third year; and
WHEREAS, since adoption of Ordinance No. 2012 -14, the Florida Building Commission
has adopted Florida Building Code, Fifth Edition (2014); and
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WHEREAS; on April 23, 2009, the Collier County Review and Permitting Department
petitioned the State of Florida Building Commission inquiring whether replacement of a gas or
electric water heater requires a building permit under the requirements of the Florida Building
Code; and
WHEREAS, the State of Florida Building Commission issued a Declaratory Statement
dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence
of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes
(2007), the Code requires a permit for the replacement of a gas or electric water heater "; and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2012-
14 in its entirety and formally adopt, by reference, the Florida Building Code, Fifth Edition
(2014); and
WHEREAS, pursuant to Section 553.80(3), Florida Statutes, the Board of County
Commissioners desires to add certain exemptions to Section 105.2 of the Florida Building Code,
Fifth Edition (2014) (Work Exempt from Permit) relating to addition, alteration, or repairs
performed by a property owner on his or her own property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING
CODE.
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, Fifth Edition
(2014), and any amendments thereto, to be enforced by Collier County in the unincorporated
portions of the County.
(b) Additions. The following exemptions are added to Section 105.2 of the Florida Building
Code:
105.2.4. Exemptions for minor repairs residential. The following permit exemptions have
been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code
and Section 553.80(3)(c), Florida Statutes.
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Permit exemption is for owners of single family detached residences performing work on single
family properties. All work performed shall comply with the standards of the Florida Building
Code Residential.
Electrical
1. Repair work performed by licensed electrical contractors that does not exceed
$1,500.00 in value of materials and labor.
1 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 or replace the following low voltage (under 77 volts) devices:
(a) Telephone
(b) Television
(e) Data Cable
(d) Central Vacuum
(e) Burglar Alarm
(f) Intercom System
Plumbing
I . Repair /replace work performed by licensed plumbing 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 /urinal fixtures only.
10. Repair /replace sink/lavatory /drinking fountain fixtures only.
11. Repair /replace residential pool equipment other than pool heater.
12. Repair /replace shut off valve on a domestic water line.
I.), Repair r replace an' house pumps not excee'ing 2 tlp
14. Repair /replace residential 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 iicensed mechanical contractors that does not exceed
$1,500.00 in cost for parts and labor.
2. Repair of air conditioning duct.
3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical
contractor.
D-
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4. Repair or replace non - combustion heating by licensed mechanical contractors.
5. Repair ventilation fans.
6. Replacement of window air conditioning unit.
7. Installation of ductless ventilation and range hoods
Building
1. Repair work performed by licensed contractors per Florida Statute 489 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 exceeding $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 manufacturers
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.
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 manufactures
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 replacement including swinging, sliding, pivoting, and rolling 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 single family residence or
other miscellaneous utility 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 opening protection requirements of
the Florida Building Code.
9. Movable cases, counters, and partitions not over 10 feet in height.
10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish
work. This exemption is not allowed nor applicable when the work or alteration
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
zone 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 other playground equipment 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 installation, those
homeowners who are not familiar with the provisions and requirements of the Florida Building
Code are encouraged to visit the website www2.1ccsafe.org /states /florida_ codes/ to review code
requirements prior to doing any work or repairs or they can contact the county building
department if they have any questions. Homeowners lacking the technical background and
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familiarity with the code requirements are encouraged to have the work done by a licensed
professional or in the 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 professional building inspector.
SECTION TWO: INCORPORATION OF UPDATED WIND ZONE MAPS.
The Wind Zone Maps appended hereto, consisting of Category 1, Category 2, and Category 3
and 4, are hereby adopted.
SECTION THREE: REPEAL
Ordinance No. 2012 -14 is hereby repealed in its entirety.
SECTION FOUR. 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 FIVE: 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 Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: 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
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6/23/2015 17.B.
offence, 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 SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legality:
Scott A. Stone
Assistant County Attorney
2015.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
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18Q» Friday, June 12,2015 )) NAPLES DAILY NEWS
�f *Its 8� IHI��TING NOVICE �'
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 23, 2015tn the Boardroom,
3rd Floor, Administration Building, Collier County Government Center, 3299
Tamiami Trail East, Maples, Florida, the Board of County Commissioners
will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE,
FIFTH EDITION (2014), AND PURSUANT TO THE AUTHORITY GRANTED BY
SECTION S53.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO
SECTION 1051 OF THE FLORIDA BUILDING CODE, FIFTH EDITION (2014)
RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A
PROPERTY OWNER ON HIS OR HER OWN PROPERTY; INCORPORATING
CURRENT LOCAL WIND ZONE MAPS; PROVIDING FOR REPEAL OF
ORDINANCE NO. 2012 -14 IN ITS ENTIRETY; 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.
Copies of the proposed Ordinance are on file with the Clerk to the Board
and are available for inspection. All interested parties are invited to
attend and be heard.
NOTE All persons wishing to speak on any agenda item must register
with the County administrator pnorto presentation of the agenda item to
be addressed. individual speakers will be limited to 3 minutes on any
item. The selection of an 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 10 minutes to speak on an
item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to
the respective public hearing. in any case, written materials intended to
be considered by the Board shall be submitted to the appropriate County
staff a minimum of seven days prior to the public hearing. All material
used in presentations before me Board will become a permanent part of
the record.
Any person who decides to appeal a 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 Department, located at 3335 Tamiami Trail East,
Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380. Assisted listening
devices for the hearing impaired are available in the County
Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERk
By: Martha Vergara, Deputy Clerk
(SEAL)
Juno 17 2015 NQ_20597E4
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