Ordinance 2009-59
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t}~ -\I ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
O?6l8LL~9\'~'\i OLLIER 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.
ORDINANCE NO. 2009-~
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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 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
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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, that:
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.
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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
(t) 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 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 closetlbidet/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 piping by licensed mechanical
contractor.
4. Repair or replace non-combustion heating by licensed mechanical contractors.
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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 $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. 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.
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 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
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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 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
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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~ day of )JOVlmW ,2009.
ATTEST:
DWlq~If" E.:}~ROt~, CLERK
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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\;"." .!h'I'"
Clerk ~f. court~:i>~~~;k~rk "
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By: Ann Jennej oh~, '-""""" "
Deputy Clerk