Item G12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013 Division: Growth Management
Bulk Item: Yes ® No ❑ Department: Building
Staff Contact Person: Jerry Smith, Sr. Director / Building Official Phone: 453-8729
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider the adoption of a County Ordinance amending
Monroe County Code, Chapter 6, Section 6-23 clarifying the definition of normal maintenance or
ordinary minor repair work; amending Monroe County Code, Chapter 6, Section 6-100(a) increasing the
dollar amount of the building permit exception for minor repairs from the current amount of $1,000 to
$2,500; clarifying the applicability and limitations of this section; clarifying the exception for work in
areas subject to floodplain management requirements; removing tool sheds from the listed exceptions
with an effective date of July 1, 2013; and removing shutters from the listed exceptions.
ITEM BACKGROUND:
The County has received requests from both the Contractors Examining Board and the Construction
Industry to increase the residential permit exception amounts in Section 6-100(a). At the Construction
Industry Meeting on November 26, 2012 members requested staff to increase the dollar amount of the
building permit exemption from the current amount of $1,000 to $2,500. This increase in the dollar
amount requires an amendment to Section 6-100(a) of the Monroe County Code. The Monroe County
Building Official, Jerry Smith, agreed to the requested increase on the condition that permits —
regardless of cost value - are still required for new work involving: electrical; mechanical; plumbing; or
any improvements subject to floodplain regulations; and, if the construction, repair, remodeling or
improvement work is part of a larger or major operation, whether undertaken by the same or different
contractor. Additionally, permit exceptions do not apply to structures located within a Coastal Barrier
Resource System (CBRS) or structures located within Flood Zones AE or VE. Therefore, the inclusion
of tool sheds and shutters as exceptions in Section 6-100(a) have been removed. This change would
apply to a very limited number of permits and all residential work that is exempt from Monroe County
permitting shall still comply with the Florida Building Code. The conditions are provided in the
proposed Ordinance. At its meeting on April 9, 2013, the Contractors' Examining Board recommended
approval of the proposed text amendments and further recommended that they be forwarded to the
Board of County Commissioners for consideration and adoption.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 010-2002 was approved on April 17, 2002 establishing the $1,000 permit exception amount
in certain situations.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ N/A INDIRECT COST: $ BUDGETED: Yes ❑ No ❑
Revised 7/09 Pagel of 2
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $ SOURCE OF FUNDS: $
REVENUE PRODUCING: Yes ❑ No ❑ AMOUNT PER MONTH Year
APPROVED BY: County Attorney: Ir
OMB/Purchasing: ElRisk Management: El
DOCUMENTATION: Included: ❑ Not Required: ❑
DISPOSITION: AGENDA ITEM #:
Revised 7/09 Page 2 of 2
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
s ORDINANCE NO. -2013
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10 AN ORDINANCE OF THE BOARD OF COUNTY
11 COMMISSIONERS OF MONROE COUNTY AMENDING
12 SECTION 6-23 OF THE MONROE COUNTY CODE
13 CLARIFYING THE DEFINITION OF NORMAL MAINTENANCE
14 OR ORDINARY MINOR REPAIR WORK; AMENDING
1s SECTION 6-100(a) OF THE MONROE COUNTY CODE
16 INCREASING THE DOLLAR AMOUNT OF THE BUILDING
17 PERMIT EXCEPTION FOR MINOR REPAIRS FROM THE
18 CURRENT AMOUNT OF $1,000 TO $2,500; CLARIFYING THE
19 APPLICABILITY AND LIMITATIONS OF THIS SECTION;
20 CLARIFYING NO FEE FOR INVASIVE EXOTIC VEGETATION
21 REMOVAL, CLARIFYING THE EXCEPTION FOR WORK IN
22 AREAS SUBJECT TO FLOODPLAIN MANAGEMENT
23 REQUIRE-MENTS; REMOVING TOOL SHEDS FROM THE
24 LISTED EXCEPTIONS WITH AN EFFECTIVE DATE OF JULY
25 1, 2013; REMOVING SHUTTERS FROM THE LISTED
26 EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
27 FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
28 HEREWITH; PROVIDING FOR FILING WITH THE
29 DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE
30 DATE.
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32 WHEREAS, the County has received requests from both the Contractors' Examining Board and
33 the Construction Industry to increase the residential permit exception amounts in Section 6-100(a)
34 from the current $1,000 to $2,500; and,
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WHEREAS, the effect of inflation has resulted in the need to increase the $1,000 building
permit exception amount to reflect the higher costs incurred in the performance of work of a minor
and/or inconsequential nature in many instances; and
WHEREAS, an amendment increasing the exception amount in Section 6-100(a) will reduce the
need for Contractors, Property Owners and Residents of Monroe County to obtain building permits for
certain work valued at less than $2,500; and
WHEREAS, clarification of certain restrictions and limitations are necessary to ensure fair and
uniform application of the Monroe County Code; and
WHEREAS, the current inclusion of "Tool Sheds" as an exception to any new construction and
remodeling work of principal and accessory structures in Section 6-100(a) creates a conflict with other
parts of the County and Florida Building Codes, as well as current Floodplain Regulations, and
WHEREAS, the permit exception for installation of shutters has been removed due to the more
restrictive building requirements in Monroe County related to windstorm insurance, and
WHEREAS, the definition of normal maintenance or ordinary minor repair work requires
amendment to be consistent with changes to Section 6-100(a).
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
[Proposed text changes are presented in 6#ike4hFG •0 to indicate deletions and underline to
indicate additions]
SECTION 1. Section 6-23 of the Monroe County Code is hereby amended to read as follows:
Sec. 6-23. — Definitions.
Normal maintenance or ordinary minor repair work means the repair or replacement of any
existing component if the replacement has the same size, capacity, technical characteristics and
location, as determined by the building official, and if the fair market value of the repair work or
replacement is less than $1,090.00 2 500.00.
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SECTION 2. Section 6-100(a) of the Monroe County Code is amended to read as follows:
Sec. 6-100. — Building Permits Required.
(a) Applicability. A building permit shall be required for all work shown in the following table,
except where specifically exempted by this section
Lie:
Work Requiring a Permit
Residential Exceptions*
Site preparation including: land clearing,
None. However, no fee (including education; contractor
investigation; or tech fees) shall be charged for invasive
placements of fill, excavation, and blasting;
exotic vegetation removal if permit is not classified as
however, no permit for site preparation may
clearing and grubbing. Dnr... RS .... ay be issued for- the
be issued except in conjunction with the
establishment of a use or structure allowed
Fe A- al ^f invansive exeti, vegetatien at any time
in the land use district
Removal of invasive exotic vegetation
A permit is not required for the removal of ten or fewer
stems of invasive exotic vegetation on parcels with a
lawfully established principal use; however, this
exemption shall not apply if the removal is part of a
larger clearing operation undertaken in segments within
any one calendar year, whether by the same or different
contractors and/or the property owner or if undertaken
in conjunction with any construction.
Demolition
Residential demolition where the fair market value of
the demolition work St.,".t. Fe to be demolished is less
than $1,900.09 $2 500.00 and all pertinent utilities have
been properly disconnected.
Tie downs of habitable structures
None
Signs
Those signs that are specifically exempt from permit
requirements pursuant to part II of this Code; however,
in no case shall a sign be exempt if its installation
represents a threat to life and safety.
Fences
None
Sheds
None. Effective July 1 2013, sheds are no longer exempt
from permitting per this Section.
Any new construction and remodeling work
Interior remodeling where the fair market value of toe
of principal and accessory structures
such work is less than $-1,900.00 $2,500.00 and t#e
footPFiRt of the —StFUG rr ^^t alteFed; there is no
change in the original size or configuration.
Open -sided, thatch -roofed structures on residential lots
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or parcels not exceeding 100 square feet in roof
coverage;
i a „ •a nt i 19tS 9F .,.,..eels
Teo; sheds
feet 'n height;
Exterior and interior painting of single- and two-family
residential buildings;
Installation of carpeting and floor coverings in single -
and two-family residential buildings that have previously
been inhabited, if the fair market value of the work is
less than $5,000.00;
value of the WOFk is less thaR $2,500,90;-aod
Normal maintenance aed or ordinary minor repairs
where the fair market value of such work is less than
AAA:AA 2 500.00.
All work in the electrical, mechanical, and
plumbing trades
Normal maintenance and or ordinary minor repairs
where the fair market value of such work is less than
$4-,898:00 2 500.00.
The installation of satellite antennas and microwave
receiving antennas that do not exceed one meter in
diameter but only where mounted on existing buildings
or structures.
All work subject to the floodplain
management requirements of part II of this
Code
Normal maintenance and or ordinary minor repairs
where the fair market value of such work is less than
` I-,9G9 9A 2 500.00.
Resource extraction activities (as defined in
part II of this Code)
None
Any work involving life safety
None
*NoteWGF,
chapter-, and paFt 11 of this Cede and &hall be subject to eede eemplianee-.
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82 *Note: Notwithstanding the exceptions set forth herein building permits will always be required for
83 new work involving electrical mechanical plumbing or any improvements subiect to floodplain
84 regulations; and if the construction repair, remodeling or improvement work is a part of a larger or
85 major operation whether undertaken by the same or different contractor. NO EXCEPTIONS apply to
86 work conducted below base flood elevation and/or subject to the floodplain management
87 requirements of the Monroe County Code to structures located within a Coastal Barrier Resource
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88 System (CBRS) or structures located within Flood Zone AE or Flood Zone VE. All residential work that is
89 exempt from Monroe County permitting shall still comply with the Florida Building Code this chapter,
90 and part II of this Code and shall be subject to code compliance.
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94 SECTION 3. Severability
95 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged
96 by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate,
97 or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section,
98 paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which
99 such judgment or decree shall be rendered.
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101 SECTION 4. Conflicting Provisions
102 In the case of direct conflict between any provision of this ordinance, and a portion or provision of any
103 appropriate federal, state, or county law, rule, code or regulation, the more restrictive shall apply.
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105 SECTION S. Filing
106 This Ordinance shall be filed with the Department of State.
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108 SECTION 6. Inclusion in the Monroe County Code.
109 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
110 County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to
111 conform to the uniform marking system of the Code.
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113 SECTION 7. Effective Date.
114 This Ordinance shall become effective as provided by law.
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PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of June, 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor George Neugent
Dab
ATTORNEY