Backup Documents 11/10/2009 Item #17E
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'to: Clerk ta~'BolIrd1 Pr~_ pIace_ NlI~ -m1#-ji;;
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ORDIiN~NO. 2002..o1lN iTS &N'1ikt;11Y; AND SEVERABILITY;
1..w,IDm'G FOk INCLUSION IN THE eOLLIllla- OF LAWS ANn ORDIiN~
I'ROVlDING:t'Ol\ PENALTIES FOR VIOLATION; ANn PROVIDING FORAl'I ~ DATE.
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Patricia L. Morgan
17E
From:
Sent:
To:
Cc:
Subject:
Attachments:
BrethauerPaula [Paula Brethauer@colliergov.net]
Thursday, October 15, 2009 10:21 AM
Patricia L. Morgan
DunnBob; SchmittJoseph; Puig, Judy; Brock, Mary
Request for Legal Advertisement
Request for Adv - Permit Fee Exemptionspdf; Permit Exemptions 101309.pdf
Expires:
Tuesday, April 13, 2010 12:00 AM
Attached is a signed request for Legal Advertisement as well as a copy of the Ordinance, for the November 10,
2009 BOCC meeting. I have also sent you hard copies via interoffice mail. If there is any additional
information you may require, please let me know.
<<Request for Adv - Permit Fee Exemptions.pdf>> <<Permit Exemptions 101309.pdf>>
Thank you!
Paula
Co1t... County
~
Paula Brethauer, Operations Analyst
Collier County Building Department/CDES Division
2800 N. Horseshoe Drive / Naples, FL 34104
Phone: 239-252-2401
Fax: 239-252-2906
Email: PaulaBrethauer@collierClov.net
Visit our website at: http://www.collieraov.net/Index.aspx?paae=31
J; please CDrlsltJer the clWlronrnent before printing this erlldil
"Flon'da has a very broad public records law. As a result, any written communication created or received by Collier County employees is subject to disclosure to
the public and the media, upon request. unless otherwise exempt. Under Flon'da law, a-mail addresses are public records If you do not want your email address
released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by phone or in writing"
17E
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO THE
AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE 2007 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. 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 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 January 8, 2002, the Board of County Commissioners
adopted Ordinance No. 2002-0 I, which adopted by reference the Florida Building Code, 200 I
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. 2002-01, the Florida Building Commission
has adopted Florida Building Code, 2004 Edition, subsequently replaced by Florida Building
Code, 2007 Edition; and
Page lof6
l?[
WHEREAS; on April 23, 2009, the Collier County Building 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. 2002-
01 in its entirety and formally 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 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, tbat:
SECTION ONE: ADOPTION OF AND ADDITIONS TO THE 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. 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 of6
17E
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
I. 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 Alann
(I) 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 ofan above ground LP tank 100 Ibs 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 closetlbidetlurinal fixtures only.
10. Repair/replace sink/lavatory/drinking fountain fixtures only.
II. 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
I. 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 plpmg by licensed mechanical
contractor.
4. Repair or replace non-combustion heating by licensed mechanical contractors.
Page 3 of6
-,,-,..~-_-._----_.._._.._-----_._.~--_.._..~-~..,
17r
~-
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 $] ,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 patioslbalconies/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.
II. 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 of6
17E
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. 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 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: PENAL TIES 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 of6
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
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
DONNA FIALA, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
JeffE. Wright
Assistant County Attorney
(f
Page 6 of6
17E
._--_.._-.._---~
Acct #068784
October 16,2009
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Adopting the 2007 Florida Building Code
Dear Legals:
Please advertise the above referenced notice of adoption on Friday, October
30,2009, and kindly send the Affidavit of Publication, in duplicate, together
with charges involved to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. # 4500111822
17E
17[
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesdav, November 10, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida. The
meeting will begin at 9:00 A.M. The title ofthe proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO
THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2
OF THE 2007 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. 2002-01 IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; PROVIDING FOR PENAL TIES FOR
VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOTE: All persons wishing to speak on any agenda item must register
with the County Administrator prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic material 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 the 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
included 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 330 I Tamiami Trail East,
Building W, Naples, Florida 34112, (239)252-8380. Assisted listening
devices for the hearing impaired are available in the County
Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Polaski, Deputy Clerk
(SEAL)
1?[
Teresa L. Polaski
l?E
To:
Subject:
legals@naplesnews.com
Adopting the 2007 Florida Building Code
Legals,
Please advertise the following on Sunday, October 2S, 2009. Thanks
~
~
Notice of Notice of
lopting the 2007 FI lopting the 2007 FI
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
IT eresa.Po laski@collierelerk.eom)
1
17[
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Friday, October 16, 2009 9:23 AM
Teresa L. Polaski
RE: Adopting the 2007 Florida Building Code
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.comj
Posted At: Friday, October 16, 2009 9:04 AM
Posted To: Legals - NDN
Conversation: Adopting the 2007 Florida Building Code
Subject: Adopting the 2007 Florida Building Code
Legals,
Please advertise the following on Sunday, October 25, 2009. Thanks
<<Notice of Adopting the 2007 FBC.doc>> <<Notice of Adopting the 2007 FBC.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierelerk.eom)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
17E
From;
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Friday, October 16, 2009 9:04 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
A TT30534.txt; Adopting the 2007 Florida Building Code
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
Martha S. Vergara
17E
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Saturday, October 31, 2009 12: 12 AM
Martha S. Vergara
Thank you for placing your classified advertisement.
Ad# 1823916
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The
meeting will begin 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, 2007 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED
BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2
OF THE 2007 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. 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. NOTE: All persons wishing to speak on any agenda item must register with the County
Administrator prior to presentation of the agenda item to be addrcssed. Individual speakers will bc limited to 5
minutes on any item. The selection of an individual to speak on bchalf of an organization or group is
encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item. Persons wishing to have written or graphic material included in the Board agenda packets
must submit said material a minimum of 3 weeks prior to the respcctive 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 us cd in presentations before the 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 included 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted
listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF
COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E.
BROCK, CLERK BY: Teresa Polaski, Deputy Clerk (SEAL) October 31,2009 Nol823916
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
1
and even video/audio of your item.
To login to the New Ad Wizard use your e-mail address and existing password. Go to:
~17E
http://secure.adpav.com/adwizard 10gin.aspx?I=15023152, if this link is inactive, cut and paste it into your
browser address window.
If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds.
2
,----~-_.~,.,."_.,"-_.__._-*_._._--_..._.-
Naples Daily News
Naples, FL 34102
17F
Affidavit of publication
Naples Daily News
--------------------------------------------------+------------------------
"0'fICi OFPOtlIC HEARING
Notl~e ~
County
wilt
AD SPACE: 86 LINE
FILED ON: 10/31/09
::~~~:~~:-~~-~~~:~~:--~~-~--------+------------------------
BCC/CDES BUDGET OFFICE
CLERK OF CIRC. COURT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068784
59595582
P.O. # 4500111822
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/31 10/31
Sworn to and Subscribed before me this d.~
Personally known by me \(
AN Oltm'N.4:NCE Of THE BOARD OF
COUNTY COMMISSIONERS OF CalLIER
COUNTY, flORIDA. FORMALLY ADOP-
TING THE FLORIDA BUIlDING CODE, 2007
EDITlON. AHa. I"\JRSUAffT TO THE 'AU.
n<<'IRtTY GRA'fllP' IV SECTION 5S3.8Q(3),
fLOPtIOA. ,5TA~. Ss..,..ADPlNGCeRTAlN
mW\'JONS'-.tO~llON lOS.2 'OF TflE
lOO7. .__ CODE ",,\1'''''
ToAObmoN'.--Al'TIfIATlON; Oft'ItefJ....IRS
PERFORMEDIY 'A PRQPf.RtYOWNER ON
HIS OR HER OWN PROPERTY; PROVIDING
NOn:~ P,U per50m wishing to speak. on
any ageoaa item must register with the
County A<\mtftlstrator prIOr to presenta.
tlon of tl'IfI agenda, item to be addressed.
Indlvipual speakers will 'be limited to- 5
minutes.on any Item. The selection of an
Individual to speak onbebalf of an orga-
nization or group Is encouraged. If recog-
nized by the Chair, a spokesperson for a
group.Qr OI'Q41nizltlon maybe allotted 10
mlnutelto:~peilkonanltem.
~~~k ::~;~ i~ud'e~rin ~~e~oa~d
agenda packetS must submit said material
a minimum of 3 ~Iu prior to the re-
spectlVl! publk hearing. In any taK!,wrlt-
ten material$ IntendKl to be con,ldered
by the I~rd shal/be submitted to the
approp'rlate County staff a minimum of
seven days prior to the public hearing. All
matel'ial'l.5ed In presentations ~orethe
Board wilt bKome a permanent part of
thll'1'eCord.
~ '~r; '1.~~~111s n~~T~~r~e~f
the . proCeedings pertaining thereto and
therefore, may need to ensure that aver-
batlm tecordof the proceedings is maele,
which recq,d included thl! testlmony and
eviden(e ujKlrl which the appeall, baK!d.
rf:you are a person with a disabHity who
needs any IC(Ommodationin order to
parttclj)1te..:in this prOCHdlng, you are en-
~:le~irta:iflno ~?:iil~e:~le:e ~on~l~~
Collier County Facilities Milflillgement De-
partment,located at 3301 Tamiami Trail
hst, _~nding W, Nlpllli, Florida 34HZ,
(239l~-838lJ.Asilstedlistenlngdevices
fortfll-:~ring lrnpaired are ilvallaqie in
the County Conimls51oners' Office.
BOARD OF tolJNTY COMMISSIONERS
<;OLLlER COUNTY, FlORlDA
DONNA FIAlA, CHAIRMAN
DWIGHT E. BROCK. CLERK
r~1uresa Polaski, Deputy Clerk
nrt~r'l110ll\l
NnlA?'llll!';
day of (\ \-.,v€-M\'ev
20oc.
'~m,~~~~..t~~~--- KAROL E KANGAS
t * ,\ ('\.~ Notary Public - State of Florida
\~ Q",J My Camm. Expires JuJ 29,2013
",;:,.r',n'!f.:"''- Commission # DO 912237
""",.'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIR!? E ' ~~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print (111 pink paper. Attach to original document. Original ,ioI.:Unh,:llh '.liould he haqd ddi\'\;red:o llll' (Jo,lrd OniCl.: rhe complclcd routing slip and original
(hh':U1l1CnlS an: to be fi.rwardcd to the Hoard Uilite nnl) an,:! tIll 110J!,: has I.ak,;n ~Ldi(\n on lhe Ik'l11 )
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exceotion of the Chairman's simature, draw a line throu2h routine lines # I throue:h #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routi"" order)
1. Judy Puig CDES Administration 9rR \ l//oloq
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County k ll{llJ(Oj
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infurmation is needed in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered lo the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Joseph K. Schmitt
Contact
Agenda Date Item was November 10, 2009
A roved b the BCC
Type of Document Ordinance
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
252-2385
17E
Yes
(Initial)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "'N/A" in the Not Applicable column, whichever is
TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne Jotiated contract date whichever is a Ii cable.
"'Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The do<:ument was approved by the BCC on 1111012009 (enter date) and all changes
made during the meeting have been incorporated in the attached docnment. The
Coon Attorne's Office has reviewed the chan es, if a licable.
9P
will
2.
3.
4.
5.
6,
w
COff
I: Forms! County FormsJ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17 E 1'~iI
MEMORANDUM
Date:
December I, 2009
To:
Judy Puig, Operations Analyst
Community Development & Environmental Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2009-59: Adopting Florida's 2007 Edition
Building Code and adding certain exemptions to permitting
requirements relating to the additions, alterations or repairs
performed by property owners
Enclosed for your records is a copy of the Ordinance referenced above,
(Agenda Item #17E) adopted by the Collier County Board of County
Commissioners on Tuesday, November 10, 2009.
If you should have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment (I)
17EI&f
ORDINANCE NO. 2009- 59
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE
FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO THE
AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA
STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF
THE 2007 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. 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 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 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 County as well as
local amendments to the administrative procedures ofthe 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
17Et
WHEREAS; on April 23, 2009, the Collier County Building 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 replaccment of a gas or electric water heater"; and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2002-
01 in its entirety and formally 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 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 referencc, 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. 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 of6
17E
,I
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 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 plpmg by licensed mechanical
contractor.
4. Repair or replace non-combustion heating by licensed mechanical contractors,
Page 3 of6
5, Repair ventilation fans.
6, Replacement of window air conditioning unit
7. Installation of ductless ventilation and range hoods
17E
Building
I, 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 $],500,00 in labor and materials,
2, The repair of any roof covering not exceeding $] ,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 patioslbalconies/porches with screening,
7, Cement plaster (stucco) applied directly onto structures constructed of concrete
masonry units. Application of ccment 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 (E]FS), brick, siding, or other
application over metal lath or wire lath fabric.
8, Door replacement including swinging, sliding, pivoting, and rolling which does not
otherwisc 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] 0 feet in height
]0, 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 web site www2.iccsafe,org/states/tlorida 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
17E'
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. 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 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 cxceed 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 of6
17E
../1
"
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 IO-i'\ day of },Jovunlur ,2009.
ATTEST:
DWIqH'fE,~R'6eI{, CLERK
'.;: . (1-,
. " - -~
~"'~"';"
By: . < ;.... .~..' QC_
.u.. .., .' , . ", frk
.t..i.... "':..'
. -:>,:p"
Approved as to form "'
and legal sufficiency:
.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
right
t County Attorney
Page 6 of6
17 fl..'
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
Clerk of Courts an~ Clerk
, .
Ex-officio to Board .of
County Commissioners
~ ~EJ,C-'
,)
By:
Ann Jennejohn,
Deputy Clerk