Ordinance 2023-41 ORDINANCE NO. 2023 -41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42,
WHICH ESTABLISHED A COLLIER COUNTY MANDATORY
INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE
BUILDINGS ORDINANCE,TO UPDATE THE COUNTY'S PROGRAM TO
REFLECT CHANGES IN STATE LAW; PROVIDING FOR
AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR,
INSPECTION, REPORTING AND REPAIRS; 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, on October 25, 2022, the Board of County Commissioners adopted
Ordinance No. 2022-42 to establish Collier County Mandatory Inspection of Aging Condominium
and Cooperative Buildings Ordinance to implement the local inspection program for aging
condominium and cooperative buildings.
WHEREAS,the Board of County Commissioners desires to make changes to the County's
Ordinance to reflect changes in State law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENTS TO SECTION THREE, DEFINTIONS.
Section Three, Definitions, of Ordinance No 2022-42 is hereby amended as follows:
When used in this Code, the following terms shall have the following meanings:
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a. "Association" means a residential condominium association under chapter 718,
Florida Statutes or a residential cooperative association under chapter 718 or 719,
Florida Statutes including any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership.
a:b. "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 c. "Milestone Inspection" means a structural inspection of a building, including an
inspection of load-bearing walls elements and the primary structural members and
primary structural systems as those terms are defined in s. 627.706, Florida Statutes by
a an licensed architect licensed under chapter 481,Florida Statutes or engineer licensed
under chapter 471, Florida Statutes 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.
e d. "Substantial Structural Deterioration" means substantial structural distress or
substantial structural weakness 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 TWO: AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING
AND REPAIRS.
Section Four, Inspection, Reporting and Repairs, of Ordinance No 2022-42 is hereby amended as
follows:
A. Milestone Inspection Required
An condominium association under chapter 718, Florida Statutes and a cooperative
Association 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 a building reached 30 years of age before
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July 1, 2022, the building's initial Milestone Inspection must be performed before December 31,
2024. If a building reaches 30 years of age on or after July 1,2022 and before December 31,2024,
then the building's Milestone Inspection must be performed before December 31, 2025. If-the
building ' the
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 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
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.
1. However, ll a is eraci.e i.uildin gs that r ed a ce, cate f
be performed before December 31, 202/1. if the building is subject to environmental
conditions such as proximity to salt water as defined in Section 379.101, Florida
Statutes, the Building Official may determine that the 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.
2. 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 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. The condominium or cooperative association must notify the unit owners
of the required Milestone Inspection within 14 days after the receipt of written notice from the
Building Official and provide the date the Milestone Inspection must be completed.
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
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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
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 by the owners from the Building Official condominium or
cooperative association in paragraph B. rt, if required, must be
If a phase two inspection is required, within 180 days after submitting a phase one
inspection report, the architect or engineer performing the phase two inspection must
submit a phase two progress report to the Building Official with a timeline for
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completion of the phase two inspection. The phase two inspection report must be
submitted to the Building Official by the date of completion in the progress 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 extend the date by which a building's initial phase one
milestone inspection must be completed upon a showing of good cause by the owner
or owners of the building that the inspection cannot be timely completed if the owner
or owners have entered into a contract with an architect or engineer to perform the
milestone inspection and the inspection cannot reasonably be completed before the
deadline or other circumstance to justify an extension.
3.1. 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
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.
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F. Failure to Perform Repairs and Modifications
If an condominium association or cooperative association 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 THREE: 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 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 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 FIVE: 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 2(vd y of j k:o r , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. K EL ERK COLLIER COUNTY, FLORIDA
7iy>By: gy: _u_.LL.
Attest as to . an` Deputy Clerk Rick LoCastro, Chairman
aignatur oni.
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Approved as to form and legality:
Hill Ashton-Cicko 7-11-23
Managing Assistant County Attorney
Thls ordinance filed with the
Sec:reiory of State's Office the
.,.91`Aday of a*Q_1. ;
and acknowledgement_off that
fitin. received this�c2� � day
of "f a
•
By +A..•' Owbutv .._�..
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U y
t c +
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 2, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-41,which was filed in this office on October 2,
2023.
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
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270