Ordinance 2022-42 ORDINANCE NO. 2022 - 4 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ESTABLISHING A COLLIER COUNTY
MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS ORDINANCE; PROVIDING FOR TITLE,
APPLICABILITY AND DEFINITIONS; PROVIDING FOR MILESTONE
INSPECTIONS, REPORTING AND REPAIRS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes establishes the right and power of counties to
provide for the health, safety and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public; and
WHEREAS, the Legislature in Section 553.899 Florida Statutes imposed a statewide
structural inspection program for aging condominium and cooperative buildings to ensure that
such buildings are safe for continued use;
WHEREAS, the Board of County Commissioners desires to implement the local
inspection program for aging condominium and cooperative buildings through this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Mandatory
Inspection of Aging Condominium and Cooperative Buildings Ordinance."
SECTION TWO: APPLICABILITY.
This Ordinance shall apply in all unincorporated areas of Collier County, and the City of
Everglades City if the City of Everglades City agrees by resolution to have this Ordinance apply
and be enforced in the City of Everglades City and as long as the Collier County Building Official
serves as the Building Official for the City of Everglades City.
SECTION THREE: DEFINITIONS.
[22-IPR-00034/1742719/1131 Page 1 of 6
10/07/22
When used in this Code, the following terms shall have the following meanings:
a. "Building Official"means the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction,
alteration,repair, remodeling, or demolition of structures and the installation of building
systems to ensure compliance with the Florida Building Code. This term is synonymous
with"building official" as used in the Florida Building Code.
b. "Milestone Inspection" means a structural inspection of a building, including an
inspection of load-bearing walls and the primary structural members and primary
structural systems as those terms are defined in s. 627.706, Florida Statutes by a licensed
architect or engineer authorized to practice in this state for the purposes of attesting to the
life safety and adequacy of the structural components of the building and, to the extent
reasonably possible, determining the general structural condition of the building as it
affects the safety of such building, including a determination of any necessary
maintenance, repair, or replacement of any structural component of the building. The
purpose of such inspection is not to determine if the condition of an existing building is
in compliance with the Florida Building Code or the fire safety code.
c. "Substantial Structural Deterioration" means substantial structural distress that
negatively affects a building's general structural condition and integrity. The term does
not include surface imperfections such as cracks, distortion, sagging, deflections,
misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or
architect performing the phase one or phase two inspection determines that such surface
imperfections are a sign of substantial structural deterioration.
SECTION FOUR: INSPECTION, REPORTING AND REPAIRS.
A. Milestone Inspection Required
A condominium association under chapter 718, Florida Statutes and a cooperative
association under chapter 719, Florida Statutes must have a Milestone Inspection performed for
each building that is three stories or more in height by December 31 of the year in which the
building reaches 30 years of age, based on the date the certificate of occupancy for the building
was issued, and every 10 years thereafter. If the building is located within 3 miles of a coastline
as defined in section 376.031, Florida Statutes, the condominium association or cooperative
association must have a Milestone Inspection performed by December 31 of the year in which
the building reaches 25 years of age, based on the date the certificate of occupancy for the
building was issued, and every 10 years thereafter. The condominium association or cooperative
association must arrange for the Milestone Inspection to be performed and is responsible for
ensuring compliance with the requirements of this Ordinance. The condominium association or
cooperative association is responsible for all costs associated with the inspection. This subsection
does not apply to a single-family, two-family, or three-family dwelling with three or fewer
habitable stories above ground.
[22-IPR-00034/1742719/1]31 Page 2 of 6
10/07/22
1. However, for all condominium and cooperative buildings that received a certificate of
occupancy on or before July 1, 1992, the building's initial Milestone Inspection must
be performed before December 31, 2024. If the date of issuance for the certificate of
occupancy is not available, the date of issuance of the building's certificate of
occupancy shall be the date of occupancy evidenced in any record of the Building
Official.
B. Notice from Building Official
The Building Official shall provide the condominium association or cooperative
association written notice of the requirement for a Milestone Inspection by certified mail, return-
receipt requested once the Building Official has determined that a Milestone Inspection is required.
C. Milestone Inspection
A Milestone Inspection consists of two phases:
1. For phase one of the Milestone Inspection, a licensed architect or engineer authorized
to practice in this state shall perform a visual examination of habitable and nonhabitable
areas of a building, including the major structural components of a building, and
provide a qualitative assessment of the structural conditions of the building. If the
architect or engineer finds no signs of Substantial Structural Deterioration to any
building components under visual examination, phase two of the inspection, as
provided in paragraph C.2, is not required. An architect or engineer who completes a
phase one Milestone Inspection shall prepare and submit an inspection report pursuant
to paragraph D.
2. A phase two of the Milestone Inspection must be performed if any Substantial
Structural Deterioration is identified during phase one. A phase two inspection may
involve destructive or nondestructive testing at the inspector's direction. The
inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe
for its intended use and to recommend a program for fully assessing and repairing
distressed and damaged portions of the building. When determining testing locations,
the inspector must give preference to locations that are the least disruptive and most
easily repairable while still being representative of the structure. An inspector who
completes a phase two Milestone Inspection shall prepare and submit an inspection
report pursuant to paragraph D.
D. Owner's Report
Upon completion of a phase one or phase two Milestone Inspection, the architect or
engineer who performed the inspection must submit a sealed copy of the inspection report with a
separate summary of, at minimum, the material findings and recommendations in the inspection
[22-IPR-00034/1742719/1]31 Page 3 of 6
10/07/22
report to the condominium association or cooperative association, and to the Building Official of
the local government which has jurisdiction, subject to the following requirements.
1. Such report must meet the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed
engineer or architect who performed the inspection.
(b) Indicate the manner and type of inspection forming the basis for the
inspection report.
(c) Identify any Substantial Structural Deterioration, within a reasonable
professional probability based on the scope of the inspection, describe the extent
of such deterioration, and identify any recommended repairs for such
deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in
the Florida Building Code, were observed.
(e) Recommend any remedial or preventive repair for any items that are
damaged but are not substantial structural deterioration.
(f) Identify and describe any items requiring further inspection.
2. The phase one report must be submitted to the Building Official within 180 days of
receipt of the notice from the Building Official in paragraph B. The phase two report,
if required, must be submitted to the Building Official within 90 days of submittal of
the phase one report. All reports must be submitted by the licensed engineer or architect
who performed the inspection by e-mail, United States Postal Service, or commercial
delivery service.
3. The Building Official may issue an extension of not more than 60 days to submit the
phase two Milestone Inspection report upon a written extension request from an
engineer or architect. Such request must contain a signed and sealed statement from the
engineer or architect that the building may continue to be occupied while undergoing
inspection.
E. Repairs and Modifications
1. In the event that repairs or modifications are necessary as specified in the phase two
Milestone Inspection,the condominium or cooperative association shall have a total of
150 days from the date of submittal of the phase two inspection report to the Building
Official to obtain the necessary permits and complete indicated repairs or
modifications. All repairs or modifications requiring permits shall be performed in
conformance with the Florida Building Code as adopted by County Ordinance and shall
follow the timeline provided in the applicable active permit.
2. When any structural repairs or modifications are required, the responsible engineer or
architect who has performed the Milestone Inspection shall provide the Building
Official with a letter indicating whether the building or structure may continue to be
safely occupied while the building or structure is undergoing repairs. Such letter shall
[22-IPR-00034/1742719/1]31 Page 4 of 6
10/07/22
be valid for no more than 180 days, and a new letter shall be issued if repairs or
modifications remain ongoing.
3. Once all applicable repairs are completed, the engineer(s) or architect(s) providing the
Milestone Inspection report must provide an amended report indicating that the
building or structure is safe for continued use under the present occupancy.
4. All repairs for Substantial Structural Deterioration must be commenced within 365
days of receipt by the Building Official of the phase two Milestone Inspection report.
5. The Building Official may issue an extension of not more than 60 days to obtain any
necessary permits upon a written extension request from an engineer or architect. Such
request must contain a signed and sealed statement from the engineer or architect that
the building may continue to be occupied while undergoing recertification.
F. Failure to Perform Repairs and Modifications
If a condominium association or cooperative association fails to submit proof to the
Building Official that repairs have been scheduled or have commenced for Substantial Structural
Deterioration identified in a phase two inspection report within the required timeframe in
paragraph E, the Building Official must review and determine if the building is unsafe for human
occupancy.
SECTION FIVE: ENFORCEMENT AND PENALTIES
If any person, firm or corporation, whether public or private, or other entity fails or refuses
to obey or comply with or violates any of the provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor
and 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 violation or non-compliance shall be considered a separate and distinct offense.
Further, each day of continued violation or non-compliance shall be considered as a separate
offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy any violation
or non-compliance. Such other lawful actions shall include, but shall not be limited to, an
equitable action for injunctive relief or an action at law for damages. Further, nothing in this
Section shall be construed to prohibit the County from prosecuting any violation of this
Ordinance by means of a Code Enforcement Board or Special Magistrate established pursuant to
the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently available to the County and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent allowed by law.
[22-IPR-00034/1742719/1]31 Page 5 of 6
10/07/22
SECTION SIX: CONFLICT AND SEVERABILITY
In the event that 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 this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SEVEN: 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 this Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED upon majority vote by the Board of County
Commissioners of Collier County, Florida, this (2511y of (9 Co , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO4' .•RIDA
Ce) 41P 011tddfr
.r_
Attest as to CliajnionW eputy Clerk Wit lam J. McDaniel, Jr., Chairman
Stgfatitte 144. This ordinance filed with the
Sy rLary of StaOtfyel,o
day
Approved as to form and legality: and acknowiedgerne .f that
filingr oived is day
of A eilte
By -r ro6Rr t
eidi As ton-Cicko �fl"
Managing Assistant County Attorney
[22-IPR-00034/1742719/1]31 Page 6 of 6
10/07/22
„k_ttu �t,i2
J
a s
A.
„,„, ,,,
FLORIDA DEPARTMENT Of STATE
,
RON DESANTIS CORD BYRD
Governor Secretary of State
October 28, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2022-042, which was filed in this office on October
28, 2022.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270