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Ordinance 89-078ORDINANCE NO. 89 - 78 COLLIER COUNTY GAS CODE AN ORDINANCE ENACTING ONE PART OF THE "COLLIER COUNTY BUILDING CODE" BY ADOPTING THE "STANDARD GAS CODE, 198 ~ EDITION", WITH 1989 REVISIONS, INCLUDING APPENDIX A AND APPENDIX B, AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS FUI~THER AH~NDED BY THIS ORDINANCE; CHAPTER I ADHINI~TRATION, AMENDING SECTION 105 RELATING TO THE BOARD OF ADJUSTI~ENTS AND APPEALS ~ AMENDING CHAPTER 3 GAS PIPING INSTA?.?~TIONS~ AMENDING 306 PIPING ~ATERIALS AND WORKMANSHIP BY ANENDING SECTION 306.6 RELATING TO PIPE COATING ~ AMENDING SECTION 309 TO CREATE SUBSECTION 309.15 RELATING TO PROTECTION AGAINST PHYSICAL DAMAGE TO PIPING~ AMENDING APPENDIX A, SUPPLEMENTAL ADHINISTRATIVE PROVISIONS ~ AMENDING SECTION A103.7 RELATING TO FEES$ DELETING SECTION A 105.4 IN ITS ENTIRETY~ AMENDING SECTION A107 ORDINANCES 86-52 AND 87-245 PROVIDING FOR CONFLiCt. .wn cE; PROVIDING NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CO~ ssION o, COLLIER cou 'w, 'LO IDA: SECTION ONE ~I~e "Standard Gas Code, 1988 Edition, with 1989 Revisions" including Appendix A and Appendix B, as pu~lished by the Southern Building Code Congress International, Inc., and as amended herein, hereby adopted by reference as the "Collier County Gas Code" to protect the health, welfare, safety, common interest and convenience of the citizens, visitors, and =esidents of Collier County, Florida. SECTION TWO The #Standard Gas Code, 1988 Edition, with 1989 Revisions- ~ncluding Appendix A and Appendix B is herel~ amended to read as follows~ (~) '(~IX-°TZ~ ~end section 105 to read as ~ollovs: ~anever the Cas Orificial shall reject or refuse ~e or ~nner o~ const~ction proposed to be followed or materials to ~ used in the erection or alteration of a ~ld~ng or · t~cture, or when it is claimed that =he provis~ons of th~s c~e do not apply, or fha= an ~ally good o= more desirable fo~ of co~struction can be employed in any specific case, or when it is claimed that the'true intent and meaning of this c~e or any of the regulations thereunder have been ~sconst~ed or ~ongly ~nte~reted, the ~er of such ~ilding or st~cture or h~s duly authorized agen~ may appeal from the decision of the Gas Official to the Board of ~Justments and Appeals, pursuant to the procedures as set forth ~n the Collier County Ordina~ce establishing ~e Board cE Adjustments and Appeals. ~H]~PTER 3 OAS PIPING INSTALLATIONS 306 PIPINO MATERIALS M~DWO~SHIP 306,6 Pipe Coating Amend section 306.6 to read as follows: 306.& All underground piping and fittings shall be coated or wrapped with a corrosion resisting material. 309 INBT~LLATION OF PIPES Add subsection 309.15 to read as follows: 309.1S Protection Against Physical Damage to Piping (a) Ail e~osed vertical piping shall be installed in an area where the piping will not be exposed to physical damage from any source. All underground gas piping shall be buried iF a ditch with a firm continuous bottom with said piping at a minimum depth of 18" and covered in a manner so as to protect the piping system from physical damage. APPENDIX 'A# SUPPLEmENTaL ADMINISTRATIVE PROVISIONS A103.7 Fees Amend section A103.?.1 to read as follows~ A103.?.Z The Board of County Commissioners shall establish, by Resolution, a schedule of fees and charges for matters pertaining to this Ordinance and associated matters. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of Development Services Department. Tho schedule of fees and charges may be changed by resolution of the Board of County Commissioners and are not subject to the procedure otherwise necessary for amendment of this Ordinance. A10S.4 Board Members and Procedures Delete section A1'05.4 in its'entir~ty. Refer to the Board of Adjustments and Appeals Ordinance. (2) A107 VIOLATIONS AND PENALTIES Amend section A107 to read as follows: 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 this Ordinance, such person, firm, corporation, or other legal entity, 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 violation or non-compliance 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. Nothing herein contained shall prevent the County from taking such other lawful action in any court of competent Jurisdiction as is necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. Further, nothing in this Section shall he construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board 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 allowd by law. SECTION THREE: REPEAL Collier County Ordinances 86-52 and 87-24 are hereby repealed in their entirety as of the effective data of this Ordinance. SECTION FOUR: CONFLICT AND SEVERANCE In the event this Ordinance conflicts wit~ 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 a separate, distinct, and independent provision and such holding shall not affect the validity of the re~aining portion. (3) iiSECTION FIVE: EFFECTTVE DATE . ~ .. , ,>,.~ :?This Ordinance shall become effective upon rsceipt of notice £rom~ :'/ the Secretary of State that this Ordinance has been filed with tho llecretary of State. PASSED AND DULY ADOPTED by the Board of County Co~mlslioners of Collier County, Florida"th~!': day of//~~, 2989. ~o~or cou~ co~r~.zo~ C~~FLORIDA Approved as to form and legal sufficiency: and odu'v:m,:~;~,~,t of that (4) ~0~ FLORIDA OF COLL~ER ~, ~A~4E$ C. G~LES0 Clerh of Courts tn and for the 'T~ent~eth ~udtctal Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy off: Ordinance No. 89-?8 ~ehtch wae adopted by the Board of County Commissioners on the ~4th day of ~ovenber, 1989, during Regular Sess~ono ~ZTI~ESS my hand and the official aeal of the Board of County Co~tsslonere of Collier County, Flor/de, thla l?th day of November, 1989, Clerh of Courts and Clerk ,~;,t.~ ~, Ex-off~clo to Board of °'° .' .... County Commissioners '' By~ /a/l~aureen ~:enyon Deputy Clerk