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Agenda 03/13/2012 Item #11F3/13/2012 Item 11. F. EXECUTIVE SUMMARY Recommendation to direct the County Manager or designee to advertise and bring back a proposed ordinance establishing the adoption of the required State mandated Building Code 2010 update effective March 15, 2012 and incorporate existing local amendments and the updated County wind maps. Exemptions identified in Ordinance 2009 -59 will remain in full effect until the filing of the new Ordinance. OBJECTIVE: Staff is requesting that the BCC direct the County Manager or designee to advertise and place on the next BCC agenda an updated version of the exemptions identified with Ordinance 2009 -59 to the State mandated Florida Building Code 2010 along with the updated wind maps. Exemptions identified in Ordinance 2009 -59 will remain in full effect until the filinc of the new Ordinance. CONSIDERATIONS: On March 15, 2012, Florida Building Code 2010 will take effect and replace Florida Building Code 2007. The adoption of the new Florida Building Code will require Ordinance No. 2009 -59 in its entirety, to be repealed. Collier County Ordinance No. 2009 -59 is specifically tied to the existing adopted Florida Building Code. Ordinance 2009 -59 will sunset with the adoption of the new Florida Building Code 2010. Staff will apply the exemptions identified within Ordinance 2009 -59 until the adoption and filing of the new Ordinance. FISCAL IMPACT: The fiscal impact associated with this Executive Summary will be approximately $500 for advertising. This is budgeted in fund 113, cost center 138900. GROWTH MANAGEMENT IMPACT: There is no anticipated growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. Once approved. the adopted ordinance must be sent to the State. -JW RECOMMENDATION: Recommendation that the BCC direct the County Manager or designee to advertise and place on the next BCC agenda the proposed ordinance establishing the adoption of the State mandated building code "Florida Building Code 2010" to include the updated wind maps and incorporating existing local amendments to the Florida Building Code 2010. Further, to direct staff to apply the existing exemptions referenced in Ordinance 2009 -59 until the adoption and filing of the new Ordinance with corresponding exemptions. Packet Page -915- 3/13/2012 Item 11. F. PREPARED BY: James C. French, MBA, Director, Operations and Regulatory Management, Growth Management Division, Planning and Regulation and Tatiana Gust, Manager of Plan Review and Inspections, Growth Management Division, Planning and Regulation Attachments: Proposed Ordinance Packet Page -916- 3/13/2012 Item 11. F. COLLIER COUNTY Board of County Commissioners Item Number: 11.F. Item Summary: Recommendation that the Board of County Commissioners (BCC) direct the County Manager or designee to advertise and bring back a proposed ordinance establishing the adoption of the required State mandated Building Code 2010 update effective March 15, 2012 and incorporate existing local amendments and the updated County wind maps. Exemptions identified in Ordinance 2009 -59 will remain in full effect until the filing of the new Ordinance. Meeting Date: 3/13/2012 Prepared By Name: PuigJudy Title: Operations Analyst, GMD P &R 3/5/2012 12:37:17 PM Submitted by Title: Manager - CDES Operations,Operations & Regulatory Management Name: FrenchJames 3/5/2012 12:37:19 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/5/2012 1:53:57 PM Name: FrenchJames Title: Manager - CDES Operations,Operations & Regulatory Management Date: 3/5/2012 4:58:43 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/6/2012 8:13:48 AM Packet Page -917- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/6/2012 8:43:55 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 3/6/2012 9:18:59 AM Name: KlatzkowJeff Title: County Attorney Date: 3/6/2012 9:58:47 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/6/2012 11:46:28 AM Name: OchsLeo Title: County Manager Date: 3/6/2012 1:25:50 PM Packet Page -918- 3/13/2012 Item 11. F. am 3/13/2012 Item 11.F. ORDINANCE NO. 2012- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2010 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF THE 2010 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF ORDINANCE NO. 2009 -59 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 November 10, 2009, the Board of County Commissioners adopted Ordinance No. 2009 -59, which adopted by reference the Florida Building Code, 2007 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. 2009 -59, the Florida Building Commission has adopted Florida Building Code, 2007 Edition; and Page I of 6 Packet Page -919- 3/13/2012 Item 11.F. 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. 2009- 59 in its entirety and formally adopt, by reference, the Florida Building Code, 2010 Edition; 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 2010 Florida Building Code (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, 2010 Edition, 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. Page 2 of 6 Packet Page -920- 3/13/2012 Item 11. F. 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 L Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. 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 (c) Data Cable (d) Central Vacuum (e) Burglar Alarm (f) Intercom System Plumbing 1. 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. 13. Repair / replace and house pumps not exceeding 2 hp 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 licensed 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. 4. Repair or replace non - combustion heating by licensed mechanical contractors. Page 3 of 6 Packet Page -921- 3/13/2012 Item 11.F. 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.iccsafe.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 familiarity with the code requirements are encouraged to have the work done by a licensed Page 4 of 6 Packet Page -922- 3/13/2012 Item 11.F. 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: REPEAL Ordinance No. 2009 -59 is hereby repealed in its entirety. 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 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 FOUR: 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 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 Page 5 of 6 Packet Page -923- 3/13/2012 Item 11. F. 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 FOUR: 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 By: Deputy Clerk Approved as to form and legal sufficiency: Je E. right Assis ant County Attorney 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Packet Page -924-