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Agenda 09/27/2011 Item #10I 9/2712011ttem 10.1. r--.. E~CU'fIVE S~Y To provWe to the Board of County Conunissioners information regarding the requirement to obtain. a buildmg permit when replacing a water heater, as specified within the 2.007 Florida Building Code and Collier County Ordinance 2.~S9, as directed, in foBow-upto the September 13,2.011 Public Petitionltem6A. ( OBJECTIVE: To provide to the Board of County Commissioners (Board) infonnation regarding the requirelllent pursuant to 2007 Florida Building Code and Collier County Ordinance 2009-59 for contractors to obtain a building permit when replacing an electric water heater within a residential dwelling unit that is located within an attached and/or multi-unit struQture. CON~ERATlONS: On April 14, 2009, under Agenda Item 15, Staff and Commissioner General Communi~ons, the aoard raised the issue regarding tIre recent ruling. to require a building permit when replacing a water. heater. After discussing the. issue, the Board. concurred with the staff recommendation to seek a ruling or declaratory statement frpm the Florida Building Commission regarding the intent, interpretation and application ofthe Florida Building Code regarding the requirement for plumbing contractors to obtain a permit when rep~ing a water heater. The 2007 Florida Building Code (First Printing) 'with the 2009 supplements. went into effect on March 1,2009. Based on an interpretation.ofthe newrcode where permitting requirements were r"\ defined, the County's Building Official opined that it was his interpretarlonthat the new code mandated that a permit was required when replacing a water heater. . As stated within the 2007 State of Florida Building Code, a permit is required when the owner or authorized .agent intends to construct, enlarge, alter, repair, move, demolish, or change occupancy of a building or strUcture, or to erect, install, enlarge, alter, repair, remove, convert; or replace any electrical,. gas, mechanical, or plumbing system, the installation of which is regulated by the Florida Building Code, or to cause any such work to be done. The. implied requirement for obtaining a permit to install or replace water heaters has been in the Florida Building Code since the 2004, but due, to a lack of clarity and specificity, the requirement was not enforced in. Collier County. Every three years the building code is updated and special attention is focused on clarifying any confusion in the interpretation and application of the code. Effective on the date of adoption by the State of Florida, the County's Building Plan Review and Inspection dep1l11ment began to enforce the requirement that all water heater replacement installations shall be ~itted and have a final inspection obtained. As a result of these changes and newpennitting requirements, the Board directed that the County first obtain an informal interpretation from the Building . Officials Association of Florida (BOAF); second, an opinion from the local Board of Adjustment and Appeals (BOAA); third, the Florida Building Commission, Code Administration Technical Advisory Committee (TAC); and forth, an official ruling or declaratory statement from the Florida Building Commission. r--.. Packet Page -867- 9/27/2011 Item 10.1. ~ . Board of Adjustment and Appeals (BOAA) As defined in Section 2-1] 8] of the Code of Laws and Ordinances, the Collier County BOAA is five-member panel appointed by the Board of County Commissioners which serves as a decision-making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes, or any of the regulations there under, have been misconstrued or wrongly interpreted by the Building Official. The BOAA met in an advertised public meeting on April 30, 2009 and by a vote of 4 to 1 moved to accept the permit requirement based on the information provided, that the installation/replacement of hot water heaters requires the issuance of a permit by the County. Public Advertisement and minutes of the BOAA meeting are attached (Attachment "A"). . Building Officials Association of Florida (BOAF) ~ The BOAF is a private professional organization which promotes the maximum safety to life, health, and property, at minimum building cost, through education and training of building officials, plans examiners and inspectors throughout Florida and which provides professional assistance and technical guidance to legislative and other governmental bodies in the promulgation and administration of building codes and related regulations. The Building Officials Association of Florida, in accordance with an agreement with the Department of Community Affairs, provides Non-Binding, Advisory Interpretations of the Florida Building Code. This agreement was authorized by Section 16 Chapter 2002- 293, Laws of Florida, which provides: "It is the intent of the Legislature that the process provide for the expeditious resolution of the issues presented and publication of the resulting intelpretation on the Building Code lriformation System. Such intelpretations are to be advisory only and nonbinding on the' parties or the commission." These interpretations are the result of input provided by the BOAF Code Development Committee, the Florida Department of Community Affairs (DCA), the International Code Council (ICC) and subject-matter-experts in the construction industry/professions. The interpretations are Non-Binding and do not affect the only legal interpretation, which is that of the Building Official of the individual jurisdictions. ~ Attachment "B" is the Informal Interpretation Report Number 6136 dated April 21, 2009 where the Code Development Committee ruled that, "Yes. It is the intent of Florida Building Code - Building section] 05.] to require permits for the replacement of gas and electric water heaters. No, water heater replacements are not exempt from permit requirements. " Packet Page -868- 9/27/2011 Item 10.1. · Florida Building Commission, Technical Advisory Committee (TAC) ~ The FBC was established by state statute in response to the numerous shortcomings uncovered following Hurricane Andrew in the application and enforcement of building codes throughout the state of Florida. In 1998 the Legislature adopted the concept of a single building code for the state, the Florida Building Code, a code deemed to be the sole document incorporating all building standards adopted by all enforcement agencies and state agencies that license different types of facilities. That legislation mandated that a state be developed and subsequently updated and maintained by a state commission whose goal the law directs to be the consistency of standards throughout the state and full accessibility to information on the standards. The law allows for differences in the standards in different locales based on compelling differences in physical conditions. However, it establishes procedures for administration of the Code at all levels that will constrain unwarranted differences and ensure the availability of information on local differences to all parties throughout the state and nation. The law established the Florida Building Commission as the body which is responsible for the development of the Code and the other elements of the system which support its implementation. The Commission has 23 members representing Engineers, Architect, Contractors, Building Owners and Insurers, State and Local Government and Persons with Disabilities. The Chainnan is appointed by and serves at the pleasure of the Governor. The T AC is the advisory committee to the full commission and as required the request for clarification from the Collier County Building Official was forwarded to the T AC for review on May 26, 2009. Attachment "C" provides the agenda and the committee report from that meeting. After review the facts, the recommendation was as follows: ~. Question: Is it the intent of 2007 Florida Building Code sectiOn 105.1 and 105.2 to allow any owner, contractor or authorized agent, to replace, relocate, enlarge. change energy source of, or alter installation of a gas or electric water heater lvithoutfilingfor an application for a permit? Answer: No. As per Section 105.1, a permit is requiredfor the level of work in question. · Florida Building Commission The FBC hearing process is a 2-step process. The First Hearing was conducted on June 9,2009 in Tampa; the second hearing date was August 11,2009 in Melbourne. First Hearing - Commission Review and Proposed Action - Recommendation by Technical Advisory CommitteelProgram Oversight Committee or legal staff, Commission questions, and public comment, i.e., petitioner's rationale/comments, general public comment, and petitioner's response to posted public comment. The next segment includes questions from the Commission members (through the Chair), with motion and second on the petition for proposed action. Finally, a discussion by the Commission only, followed by a Commission vote for proposed action to be considered at the Commission's ~ Packet Page -869- 9/27/2011 Item 10.1. ~ next plenary meeting. The Chair may refer back to Technical Advisory Committee/Program Oversight Committee for additional review and recommendations at the next Commission meeting. Second Hearing - Commission Action on Petition - Commission review of the previous proposed action, additional public comment, motion and second on the petition, discussion by Commission only, and final vote/action by the Commission on the motion. Attachment "D" is the final order of the Commission. By a vote of 23 to 0 the Commission concluded that, "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." The order was released on August 11th and was signed by the chair on September 3,2009. As a result of the Florida Building Commission ruling and issuance of a declaratory statement to Collier County, the Building Official is obligated by State law to enforce the requirement to obtain the proper building permit when replacing, relocating, enlarging, changing energy source of, or altering the installation of a gas or electric water heater for all commercial and residential properties. Conversely, the Florida Building Code does provide allowance to local governments, at its own discretion, to promulgate rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: ..-..... 1. Addition, alteration or repair performed by the property owner upon his or her own property, provided any additional or alteration shall not exceed 1.000 square feet or the squarefootage of the primQ/Y structure, whichever is less. 2. Addition, alteration or repairs by a nonowner within a specific cost limitation set by rule, provided the total cost shall not exceed $5, 000 within any 12-month period. 3. Building and inspection fees. At the October 27, 2009 BCC meeting, under the Consent Agenda Item 16A8, Title: Recommendation that the Board of County Commissioners approve the proposal by staff to develop and advertise for Board consideration an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002-01 in its entirety, the Board approved for advertising and final adoption an ordinance to exempt like kind, electric water heaters from permitting requirements and to evaluate additional areas where the requirements for a building permit could be waived. ~ Based on. Board direction, staff developed a proposal which clarifies the already existing exemptions that are in effect pursuant to Section 105.2 of the Florida Building Code, clarifying Packet Page -870- 9/27/2011 Item 10.1. County exemptions for Single Family Detached Residences. On November 10,2009, the Board ~ adopted staffs recommendation (Attachment "E"), establishing said permitting exemptions for residential repairs based on Section 102.2.5(3), Florida Building Code and Section 553.80(3)(c), Florida Statutes. Collier County Growth Management Division, Planning and Regulation, permitting fees for the like kind replacement of a residential grade water heater in a multi-family dwelling are $110.00 if purchased individually. Alternatively, should a licensed qualifier wish to purchase water heater permits in bulk quantity, the qualifier may purchase a book of ten (10) coupons (permits) at $75.00 per permit or $750.00, as identified within the adopted fee schedule. Purchasing in bulk supply equates to an overall savings of$35.00 per permit ($350.00 total) or 32%. FISCAL IMP ACT: The permit fee for a commercial contractor to replace an electric water heater is $75 per permit when purchased in a book of ] 0 or "convenience permit" and $] ] 0 if purchased individually. STAFF ANALYSIS: The County Building Official has determined that due to potential danger from improper installation, a final technical inspection should be performed by a licensed technical County building inspector. Further, based on the information above, staff recommends that the current requirements and permit fees remain in place until such time as the 2010 Florida Building Code is published and can be reviewed to determine if the State of Florida has revised the regulations pertaining to this matter. Currently, the County has no authority to grant an exemption in this area. The 2010 Florida Building Code is estimated to be adopted and available by March, 2012. Staff will report their findings the Developer Services Advisor Committee ~ (DSAC) and the Board after the review is completed. Reducing or eliminating the pennit fees would require an offset by another funding source in order to ensure that the cost of these services is not absorbed by the payers of other types of building-related permits and services. Staff has been in contact with the leadership of the Collier Building Industry Association (CBIA) and has vetted the concerns of the petitioner as well as the attached findings. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient for Board action, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners reviews the conclusions of the advisory committees, final Order of the Florida Building Commission, and the County Building Official, as well as the health, safety and welfare issues related to this issue, and directs that the current requirements and permit fees remain in place until such time as the 2010 Florida Building Code is published and can be reviewed to determine if the State of Florida has revised the regulations pertaining to this marter. Prepared Bv: James C. French, Director, Operations and Regulatory Management Department, Growth Management Division. ~ Packet Page -871- 9/27/2011 Item 10.1. ~ Attachments: 1.) Public Advertisement and minutes of the April 30, 2009 BOAA meeting, 2.) Building Official Association of Florida Informal Interpretation Report Number 6136 dated April 21, 2009, 3.) Florida Building Commission, Technical Advisory Committee agenda and the committee report from May 26, 2009, 4.) Florida Building Commission final order that was signed on September 3, 2009, and 5.) Collier County Ordinance 2009-59, clarifying County exemptions for Single Family Detached Residences. ~ ~ Packet Page -872- 9/27/2011 Item 10.1. COLLIER COUNTY ~ Board of County Commissioners Item Number: 10.1. Item Summary: To provide to the Board of County Commissioners information regarding the requirement to obtain a building permit when replacing a water heater, as specified within the 2007 Florida Building Code and Collier County Ordinance 2009-59, as directed, in follow-up to the September 13, 2011 Public Petition Item GA. (James C. French, Director, Operations and Regulatory Management Department, Growth Management Division) Meeting Date: 9/27/2011 Prepared By Name: PuigJudy Title: Operations Analyst, CDES 9/19/2011 2:03:11 PM ~ Submitted by Title: Manager - CDES Operations, Operations & Regulatory Management Name: FrenchJames 9/19/20112:03:13 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 9/19/2011 2:44:50 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 9/19/2011 2:49:43 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 9/19/2011 3:14:13 PM ~ Packet Page -873- ~ ---. ~ 9/27/2011 Item 10.1. Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 3:48:15 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/20/2011 10:16:15 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/20/2011 10:34:55 AM Packet Page -874- 9/27/2011 Item 10.1. ArllAL.l1lVlJi,l~T "An Collier County Government ~ 'Communication & Customer Relations Department ,1&301 East Tamiami Trail 'Naples, FL 34112 Contact: (239) 252-8848 www.collieraov.net iA-.pril14,2008 NOTICE OF PUBLIC MEETING Notice is hereby given that the Board of Adjustments & Appeals (BOAA) will hold a public ;meeting on Thursday, April 30, 2009 at 1:00 pm in the CDES Building, Meeting Rooms 609/610,2800 N. Horseshoe Drive, Naples, Florida. The board/committee's agenda will include: A. This meeting will be held to determine if it is the intent of the 2007 Florida Building Code (FBC) section 105.1 and 105.2, to allow any owner, contractor or authorized agent, to replace, relocate, e,nlarge, change energy source of, or alter installation of a gas or electric water heater ~ without filing for an application for a pcrmit. The Collier County Building Official interpretation is that all water heatcr installation or replacement will he permitted and inspected in accordance with the 2007 FBC. In Regard to the Public Meeting: interested parties are invited to attend, and to register to speak and to any, in writing, to the board/committee prior to the meeting if applicable their obj II Collier County Ordinance No. 03-53, as anlended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. 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 lteollier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, ~4112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the County 'Commissioners' Office. For more information contact: Paula Brethauer at 252-2401. ~ -End- ~ --- --.. 9/27/2011 Item 10.1. April 30, 2009 MINUTES OF THE lv1EETING OF THE COLLIER COUNTY BOARD OF ADJUST~1ENT AND APPEALS Naples, Florida, April 30,2009 LET IT BE RElvlE:MBERED, that the Collier County Board of Adjustment and Appeals in and for the County .of Collier, having conducted business herein, met on this date at 1 :00 P.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the fonowing members present: CHAJ.R.1\4...~N : Ken Rech Aaron Hokanson Bill Silvester ALSO PRBSE:t-..TT: Bob Dunn, Building Director Ed Riley, Fire Code Official Jeff Wright, Assistant County Atty. Paula Brethauer, Operations Analyst Joe Schmitt, CDES Division Administrator Packet Page -876- 9/27/2011 Item 10.1. April 30. 2009 ~ I. Call to Order Chairman Rech called the meeting to order at 1 :00 pm Bob Dunn, Building Director noted the purpose of the meeting 1S for the Board to review his interpretation of the Florida Building Code. Specifically, that a County permit is required for the installation/replacement of gas or electric hot water heaters. He noted the following: . His interpretation is based on the 10/1/2007 version of me Florida Building Code (FBC) was adopted onMarch 1,2009. . Section 105.1 and 1 05.2 of the FBC outlines the requirement,> for permits and exemptions for tbe replacement and installation of water heaters. " Beginning March l> 2009, the County began requiring permits for replacement of hot water heaters. . Members of the public and Count)' Commissioners expresse-d concern over the interpretation and the requirement was temporarily suspended pending investigation. . On Apnl21, 2009, an "'Informallnterpretation Report #6136" from the Department of Community Affairs, Building OfJicials Association of Florida was issued to the CmIDty, which states, "it is the intent of Florida Building Code - Building section 105.1 ro require permits for the replacement of gas and electric water heaters. Water" heater replacements are not exemptfrom permit requirements. " . Staff is also requesting an Official Declaratory Statement from the Department of Community pJfairs (DCA) regarding this issue, .. Upon receipt of this doculnent. an Executive Summary will be provided to the Board of Cotr'..missioners ror ;;; the ~ EjD:iJ,,-,d lilt- \va~~; n('Jte(~.: 4'~ .J:ei;Y would be clarifying the intent of the Code $! i\. pennit will not be required for of existing \vater heaters . A homeo\\'l1er replacing his O\V11 water heater \vill not be exempt from the requirements. $! The permit fee is $50,00 for a commercial contractor penni1 ("convenience permits"); and $75 rora homeowner permit. . .Any replacements will require the installation comply with current building codes, . All units will be required to be insmlled under manufactures specificatians,illcluding electrical service. . The requirement willprima.."'ily affect unlicensed individuals and single-family homeowners instaHingJreplacing hot water beaters. 2 ~ Packet Page -877- 9/27/2011 Item 10.1. ~ April 30, 2009 Joe Schmidt. CDES Division Administrator addressed the "permit burden" on a homeowner replacing his own water heater. He noted a separate class ofpennitting cannot be established for exempting a homeo'Wller from the requirement as the County Attorney's Office indicated this exemption would not mee1 "equal protection" under the law. Bob Dunn noted some code interpretations, that involve pre. existing constraints, may need to be resolved ana case-by-case basis. He concluded, requesting the Board support his interpretation of the FBe to require a permit for the installation andJor replacement ofa hot water heater. Mr. Anderson moved to accept the permit requirement based on the information provided. (Iluzt the installation/replacement of hot water heaters requires the issuance of a permit by the County). Second by Mr. Melton. Motion carried 4 ":ves" -1 "'no." There being no further bllBiness for the good of the County, the meeting was adjourned by the order ufthe Chair at 1:351)M. ~ COLLI.ER COU1'4'TY BOAR!) OF A.D,ruSTMENT A.l"D APPEALS ChairmaIi Ken Reeh These Minutes were):ppToved the as presented _1-#" , or as fu"1lended on 3 ~ Packet Page -878- Att 9/27/2011 Item 10.1. Informal Interpretation Report Number 6136 ~ Date: TueApr212009 R.,ort: 6136 Coi:Ie: Building Code Year: 2007 Section: 105.1 Question: Is itthe intent of Florida Building Code - Building section 105.1 to require permits for the repla<:ement of gas or electric water he8lers? Sections 105.1 and 105.2 are very specific as to required permits and what is exempt from permit. Since "water hHter" is not specifically mentioned, should they be exempt? Comment: Cfllpter 1 of Florida Building Code - Residential defers to FioridaBuiiding Code - Building. We feel that we have interpretated ~ as to the written intent and are requesting an informal interpretation. Answer: YeS;, It is the intent of Florida Building Code . Building section i0S.1to require permits for the replacement of gas and eiectric .~ water heaters. No, water heater replacements are not exempt from permit: requirements. Commentary: None. Tim BUilding Officials ASSOCiation aff Fionda, In cooperomm with the FiMda Building Commission, the Florida Department of Community! AF.airs. fCr. and'fm:rwst", and .oroiessional ex~ offer this InR1l'";miltJ/lOOtl of the Aorid118uiiding Crxse in tha interest of consistfJm:;y in meir apPilcatml'"t stJ/l!ewia'L Thistnt.m"pmmtion is intoimlilf. flon--binding and suqjact to acceptance and approval by the! 10ClI! tmildmg offtCiai. ~. 9/27/2011 Item 10.1. Attachment "C" FLORIDA BUILDING COMMISSION ~ Code Administration Technical Advisory Committee AGENDA CONFERENCE CALL Telephone Number: 1-888-808-6959 Code: 1967168 Tuesday, May 26, 2009 9:30 A.M. - Public point of access: Room 250L Department of Community Affairs Building Codes and Standards 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850)-487 -1824 Meeting Objectives: ~ · To Approve Agenda and minutes · To ConsiderlDecide on Declaratory Statements · To Consider other business from the public and Committee Code Administration TAC: .....................................Herminio Gonzalez, Chairman Dick Browdy, Randy Vann, Hamid Bahadori, Matt Carlton, John O'Connor, Tim Tolbert, Bob Boyer, and Bill Dumbaugh. 1. Call to Order-review/approve agenda and April minutes 2. Review and provide recommendations to the Commission on the request for declaratory statement: DCA09-DEC-121 submitted by Robert Dunn, Collier County Building Department 3. Any new business. 4. Adjourn. Prepared by the Florida Department of Community Affairs Codes and Standards Office Joe Bigelow - 850-922-9160 - ioe.bigelowiaJdcastate.fl.us Mo Madani - Manager - 850-921-2247 - mo.madani@dcastate.fl.us ~. Packet Page -880- 9/27/2011 Item 10.1. Attachment "C" Note: This document is available to any person requiring materials in alternate format upon request. Contact the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399-2100 or call 850-487-1824 ~ ~. ---- Packet Page -881- 9/27/2011 Item 10.1. .~ STATE OF FLORIDA BUILDING COMMISSION In the Matter of COLLIER COUNTY BUILDING REVIEW AND PERMITTING DEPARTMENT Case #: DCA09-DEC-121 Petitioner. / DECLARATORY STATEMENT The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Robert Dunn of the Collier County Building Review and Permitting Department, which was received on April 23, 2009. Based on the statements ,..-., in the petition, the material subsequently submitted and the subsequent request by the Petitioner, it is hereby ORDERED: Findioes of Fact 1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code. 2. The Petitioner is an agency of Collier County and enforces the Florida Building Code in Collier County, Florida. 3. The Petitioner has received inquiries whether it must issue a permit related to replacement of gas and electric water heaters. Collier County has no ordinances or rules restricting application of the Code related to water heaters. 4. The Petitioner inquires whether replacement of a gas or electric water heater requires a building permit under the requirements of the Florida Building Code? ~ Packet Page -882- 9/27/2011 Item 10.1. Conclusions of Law ~ 1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement. 2. Section 105.1, Florida Building Code, Building Volume (2007), requires that: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 3. Section 105.2, Florida Building Code, Building Volume (2007), identifies work for which a permit is not required. That list does not include water heaters. 4. 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. Petitioner and all other interested parties are hereby advised of their right to seek judicial review of this Order in accordance with Section l20.68(2)(a), Florida Statutes, and with Fla. R. App. 9.030(b)(1)(C) and 9.11O(a). To initiate an appeal, a Notice of Appeal must be filed with Paula P. Ford, Clerk of the Commission, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission. A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3), Florida Statutes. ~. Packet Page -883- 9/27/2011 Item 10.1. --... DONE AND ORDERED thi~ of September, 2009, in Coral Gables, Miami-Dade County, State of Florida. I , Chair BUl . ission Departm of Community Affairs Sadowski Building 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 CERTIFICATE OF SERVICE ~ I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ~y of September, 2009. ~v-r ~AULA P. FORD T V Commission Clerk Via U.S. Mail Via Hand Deliverv Robert Dunn Building Director Collier County Building Review and Permitting Department 2800 North Horseshoe Drive Naples, Florida 34104 Mo Madani, C.B.O. Manager Codes and Standards Section Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 -.. F!Lf~'>j'G AND AO(".!()~"VLEDGEMENT FiLED, on this C"'!itii, w.th t!"w designated Agency Clerk, mo-.;ipt o~ which is hereby act<r ., ged. $ Packet Page -884- ~~31-,~ 9/27/2011 Item 10.1. ~~. "t'~ r" (;.' \<j> "\ \ : ~t~~'N~~\ 1 .'<(~. ,~ ? ~ tJ&O . ~ ~ ~~:~ " " (fl .! ORDINANCE NO.ZOO9- 59 '0~\.. &,.0 \/\ ~ ... _ C,\.," ~ ..., ~ ~ (('".". .(~Oe: RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF "AI',', <.:~ 6LBlag\.~ OLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE ~;.;i:. -:9 FLORIDA BUILDING CODE, 2007 EDmON, AND PURSUANT TO THE ~1"'" AUTHORITY GRANTED BY SEcrION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.1 OF THE 2007 FLORIDA BUILDING CODE RELATING TO ADDmON, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON ms OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF ORDINANCE NO. 2002-01 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 vm 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 January 8, 2002, the Board of County Commissioners adopted Ordinance No. 2002-01, which adopted by reference the Florida Building Code, 2001 edition, to be enforced by Collier County in the unincorporated portions of the C01n1ty 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. 2002-01, the Florida Building Commission has adopted Florida Building Code, 2004 Edition, subsequently replaced by Florida Building Code, 2007 Edition; and Page 1 of6 ,-.... Packet Page -885- 9/27/2011 Item 10.1. ~ WHEREAS; on April 23. 2009, the Collier County Building Review and Pcnnitting 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"; llDd WHEREAS. the Board of County Commissioners desires to repeal Ordinance No. 2002- 01 in its entirety and fonnally adopt, by reference, the Florida Building Code, 2007 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 2007 Florida Building Code (Work Exempt from Permit) relating to addition, alteration, or repairs perfonned 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 TIIE FLORIDA BUILDING CODE. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 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. ExemptioDs for minor repairs residentiaL The following pennit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and Section 5S3.80(3)(c), Florida Statutes. Page 2 of6 ~ Packet Page -886- 9/27/2011 Item 10.1. 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. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wail switches and wail outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the fol1owing low voltage (under 77 volts) devices: (a) Telephone (b) Television (c) 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 servicellines. 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-far-like kind electric water heater up to 52-gal1on 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 iicensed mechanical contractors. Page 3 of6 ~ Packet Page -887- 9/27/2011 Item 10.1. ~ 5. Repair ventilation fans. 6. Replacement of window air conditioning unit. 7. Installation of ductless ventilation and range hoods ~ BuDding 1. Repair work perfonned 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. EnclosUJe of existing covered patioslbalconieslporehes 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 paJ'titions 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 pennit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction andlor 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.orglstates/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 of6 .~ Packet Page -888- 9/27/2011 Item 10.1. professional or in the alternative apply for a pennit 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. 2002-01 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 jmisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECI'ION 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, finn, 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, finn, 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 S of6 ~, Packet Page -889- 9/27/2011 Item 10.1. ,.-.. offense. In addition, any person, finn, 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. SECfION FOUR: EFFECfIVE 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 IO~ day of )JDVlmbu" . 2009. ~ .oc... ~rk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~ d.~.ec FIALA, CHAIRMAN "'lniili~ "lea'WI1fl ~ ~::~~ -~~ filing recelwd II ctQ't of ~I~~ By i . ~.c... Page6of6 ~ Packet Page -890- 9/27/2011 Item 10.1. ~ STATE OF FLORIDA) COUNTY 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 and correct copy of: ORDINANCE 2009-59 Which was adopted by the Board of County Commissioners on the lOth day of November, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of November, 2009. DWIGHT E. BROCK ,..' .',1,.. Clerk of cour.. t.. !!.'!"~. . -,,,erk. I.., Ex-officio to..~~~~:#J:. --; County commiA.~~~~ ..' .' '.:I~:l- i;' -.. ,-E.....: .\ I,'~j,:.""'" .z ~,..... ~ \V " "~/;~.L~ .,.".~,. :.--. ~ ~'~~~".'/ (J~'r: 30 'O\i~i'iv By: Ann Jennejo~, ....,...... .' 't: Deputy Clerk ~ ,. ;; ..... ' ~ Packet Page -891-