Ordinance 2023-64 ORDINANCE NO. 2023- 6 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPTING THE FLORIDA
BUILDING CODE, EIGHTH EDITION (2023); ADDING CERTAIN
EXCEPTIONS TO SECTION 105.2 OF THE FLORIDA BUILDING
CODE RELATING TO ADDITIONS, ALTERATIONS, REPAIRS, OR
REPLACEMENTS, AND AMENDING AN ADMINISTRATIVE
PROVISION OF SECTION 107.3.1 OF THE FLORIDA BUILDING CODE
TO ACCEPT DIGITAL CONSTRUCTION DOCUMENTS ON WORK
SITES; INCORPORATING CURRENT LOCAL WIND ZONE MAPS;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2020-48 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 December 8, 2020, the Board of County
Commissioners adopted Ordinance No. 2020-48, which adopted by reference the Florida
Building Code, Seventh Edition (2020), to be enforced by Collier County in the unincorporated
portions of the County, as well as exemptions to the Florida Building Code, and amendments to
administrative provisions of the Florida Building Code, as authorized by Section 553.73(4)(a),
Florida Statutes; and
WHEREAS, since adoption of Ordinance No. 2020-48, the Florida Building Commission
has adopted the Florida Building Code, Eighth Edition(2023); and
WHEREAS, the Board of County Commissioners desires to repeal Ordinance No.
2020-48, as amended, in its entirety and formally adopt, by reference, the Florida Building Code,
Eighth Edition(2023); and
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WHEREAS, pursuant to Sections 553.73(4)(a) and 553.80(3)(b)(1), Florida Statutes, and
Sections 102.2.5 and 105.2.2 of the Florida Building Code, the Board of County Commissioners
desires to add, as an administrative provision, certain exemptions to Section 105.2 of the Florida
Building Code relating to additions, alterations, repairs, or replacements; and
WHEREAS, pursuant to Section 553.73(4)(a), Florida Statutes, the Board of County
Commissioners desires to amend Section 107.3.1, an administrative provision the Florida
Building Code, to also accept approved digital construction documents kept at the site of work
for inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,THAT:
SECTION ONE: ADOPTION OF THE FLORIDA BUILDING CODE AND ADDITIONS
TO THE FLORIDA BUILDING CODE.
1. Adoption. There is hereby adopted by reference, the Florida Building Code, Eighth Edition
(2023), and any amendments thereto, to be enforced by Collier County in the unincorporated
portions of the County.
2. Additions. The following additions, adjustments, amendments, and exemptions are added to
the Eighth Edition(2023) Florida Building Code, as amended:
Definitions. For purposes of this section, the following terms apply:
Repair. To restore by replacing a part or putting together what is torn or broken;to
restore or renew any part for the purpose of its maintenance or to correct damage.
Replacement. To put something new in the place of,to remove the entire component(not
a part of) and install a new component in former place or position.
Like for Like, Like Kind. Similar use, type, operation and service connection.
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105.2 Work exempt from permit.
The following permit exemptions have been established for Collier County based on Section
105.2.2 of the Florida Building Code and Section 553.73(4)(a), Florida Statutes.
Exemptions from permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code. Permits
shall not be required for the following:
Mechanical:
9. Dustless ventilation isolated systems, that do not affect any fire penetrations or rated
assemblies.
Plumbing:
3. Plumbing fixture repair or replacement, that does not affect any fire penetrations or
rated assemblies.
Electrical:
1. Ceiling fixture replacement using existing outlet box and wiring, that does not affect
any fire penetrations or rated assemblies.
Building:
1. Flooring installation.
2. Painting/wallpaper.
3. Finish trim work.
4. Interior door replacement not affecting existing framed opening.
5. Drywall repair/replacement that are not fire-related and are small areas that do not
exceed two sheets of drywall (64 sq. ft.).
6. Gutters and leaders.
105.2.4. Exemptions for detached single-family residences.
The following permit exemptions have been established for Collier County based on Sections
102.2.5 and 105.2.2 of the Florida Building Code, and Sections 553.73(4)(a) and
553.80(3)(b)(1), Florida Statutes.
The following permit exemptions are for owners of single-family or their hired licensed non-
owner (contractor) of detached residences performing work on detached single-family
properties. All work performed shall comply with the standards of the Florida Building Code
Residential and Florida Statutes.
Exemptions from permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code. Permits
shall not be required for the following:
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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/replace low voltage (under 77 volts) devices.
Plumbing:
1. Repair 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 fixtures only.
10. Repair/replace sink/lavatory 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 house pumps not exceeding 2 horsepower.
14. Repair/replace residential garbage 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/replace coil, compressor or refrigerant piping.
4. Repair/replace non-combustion heating.
5. Repair/replace ventilation fans.
6. Replacement of window air conditioning unit utilizing existing electrical.
7. Installation of ductless ventilation and range hoods.
Building:
1. Repair work performed by licensed contractors per Chapter 489, Florida Statutes,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.
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3. Installation or repair of satellite dishes installed in accordance with manufacturers'
specifications and in compliance with local zoning requirements.
4. Installation or repair of canvas or cloth-covered awnings.
5. Installation or repair of rain gutters.
6. Enclosure of existing covered patios/balconies/porches with screening.
7. Cement plaster (stucco) applied directly onto structures constructed of concrete
masonry units. Application of cement plaster must meet or exceed the manufacturers'
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 or window repair including swinging, sliding, pivoting, and rolling excluding
the frame, 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 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, countertops, 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
hazard area 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 similar 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 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 professional/contractor or as an
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 building inspector.
107.3.1 Approval of construction documents.
The following amendment to the administrative provisions of the Florida Building Code has
been established for Collier County based on Section 107.3 of the Florida Building Code and
Section 553.74(4)(a), Florida Statutes.
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When the building official issues a permit, the construction documents shall be approved, in
writing or by stamp, as "Reviewed for Code Compliance." One set of construction
documents so reviewed shall be retained by the building official. The other set shall be
returned to the applicant, shall be kept at the site of work, and shall be open to inspection by
the building official or a duly authorized representative. Digital copies available at the site of
work and open to inspection by the building official or a duly authorized representative will
also be accepted.
SECTION TWO: INCORPORATION,AS EXHIBIT "A", OF UPDATED WIND ZONE
MAPS.
The Wind Zone Maps appended hereto as Exhibit "A", consisting of Category 1, Category 2,
Category 3 and Category 4, are hereby adopted.
SECTION THREE: REPEAL.
Ordinance No. 2020-48, is hereby repealed in its entirety.
SECTION FOUR. 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 FIVE: 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.
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SECTION SIX: 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
offense, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
court. Each day of continued violation or noncompliance shall be considered as a separate
offense. In addition, any person, firm, corporation, or other legal entity whether public or
private, convicted under the provisions of this section shall pay all costs and expenses involved
in the case. In addition, the provisions of this Ordinance may be enforced by any means
appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective December 31, 2023.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this/2 Today of J)FC E/fi(3E/Z 2023.
ATTEST: , . n , " BOARD OF COUNTY COMMISSIONERS
CRYSTA NK • Z ;.CLERK COLLIER COUNTY, FLORIDA
By. ^ tit/ By: /
2.91;g7
Attest as tb ' t:, a';' eliut'Clerk Rick LoCastro, Chairman
signor o, y'
Approv ad$(4 iprnt.add legality: Attachments:
Exhibit"A"—Wind Zone Maps
This ordinance flied r.i41
D ek D. Perry p\`I' Secretory of State's Office the
Assistant County Attorney ,\\), 14• Ja of Da*" bDij
and acknc+w that
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 21, 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. 2023-64, which was filed in this office on December 14,
2023.
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