exhibit a proposed fort myers beach land...

Public hearing draft — June 19, 2000 of 42

EXHIBIT A

PROPOSED FORT MYERS BEACH LAND DEVELOPMENT CODE

CHAPTER 6MAINTENANCE CODES,

BUILDINGS, ANDBUILDING CODES, AND

COASTAL REGULATIONS1

ARTICLE I. IN GENERALPROPERTY MAINTENANCE CODES

Division 1. Maintenance CodeSec. 6-1. Purpose.Sec. 6-2. Exterior surfaces of buildings.Sec. 6-3. Exterior storage.Sec. 6-4. Public rights-of-way and sidewalks.Sec. 6-5. Nuisances.Sec. 6-6. Inoperative vehicles on public property.Sec. 6-7. Noise.Sec. 6-8. Required landscaping, buffers, and

native vegetation.Sec. 6-9. Lot mowing.Sec. 6-10. Building numbers.Sec. 6-11. Refuse containers.Sec. 6-12–6-30. Reserved.

Division 2. Housing CodeSec. 6-31 222. Adoption; amendments Minimumstandard housing code.Secs. 6-32 223--6-35 330. Reserved.

Division 3. Unsafe Building Abatement CodeSec. 6-36 211. Adoption; amendments.Secs. 6-37 212--6-40 221. Reserved.

ARTICLE II. BUILDING CODESAND STANDARDS

Division 1. Generally

Sec. 6-41. Applicability of article.Sec. 6-42. Penalty for violation of article;

additional remedies.Sec. 6-43. Conflicting provisions.Sec. 6-44. Enforcing officers.Sec. 6-45. Permit fees.Secs. 6-46--6-70. Reserved.

Division 2. Lee County’s Boards of Adjustmentand Appeals

Sec. 6-71. Applicability of division.Sec. 6-72. Intent of division.Sec. 6-73. Boards established; jurisdiction.Sec. 6-74. Delegation of authority to Lee County’s

boards of adjustment and appealsMembership; appointment of members.

Secs. 6-75--6-79. Reserved.Sec. 6-75. Term of office.Sec. 6-76. Quorum.Sec. 6-77. Meetings; rules of procedure.Sec. 6-78. Records.Sec. 6-79. Funding; staff.Sec. 6-80. Right of appeal; notice of appeal.Sec. 6-81. Variations and modifications.Sec. 6-82. Decisions.Secs. 6-83--6-110. Reserved.

Division 3. Building CodeSec. 6-111. Adoption; amendments.Secs. 6-112--6-120. 130. Reserved.

Division 4. Existing Buildings CodeSec. 6-121. Purpose.Sec. 6-122. Adoption; amendments.Secs. 6-123--6-130. Reserved.

Division 5 4. Plumbing CodeSec. 6-131. Adoption; amendments.Secs. 6-132--6-150. Reserved.

Division 6 5. Mechanical CodeSec. 6-151. Adoption; amendments.Secs. 6-152--6-170. Reserved.

Division 7 6. Gas CodeSec. 6-171. Adoption; amendments.

1Cross reference(s)--Development design standards,§ 10-251 et seq.; design standards for utilities, § 10-351 etseq.; design standards for fire safety, § 10-381 et seq.; historicpreservation, ch. 22; variances from building regulations forhistoric structures, § 22-173; signs, ch. 30; zoning, ch. 34;permit for moving buildings, § 34-3103; clearing, grading orfilling of land, § 34-3104.


Secs. 6-172--6-190. Reserved.

Division 8 7. Electrical CodeSec. 6-191. Adoption; amendments.Sec. 6-192. Appeals and variances.Secs. 6-1932--6-210. Reserved.

Division 9. Fire CodesSec. 6-211. 551. Applicability.Sec. 6-212. 552. Purpose.Sec. 6-213. 553. Uniform fire safety rules and

standards.Sec. 6-214. 554. Standard fire prevention code.Sec. 6-215. 555. Special application.Sec. 6-216. 556. Life safety code NFPA #101.Sec. 6-217. 557. Minimum fire flows, hydrant

spacing and water main size.Sec. 6-218. 558. Protection of penetration of fire-

rated assemblies.Sec. 6-219 559. Reserved. Fire protection for

construction located outsideestablished fire districts.

Sec. 6-220. 560. Reserved. Enforcement of LeeCounty facilities.

Sec. 6-221. 561. Appeals.Sec. 6-222. 562. Reserved. Enforcement and

penalties.Sec. 6-223. 563. Conflict.Secs. 6-224--6-230. Reserved.

Division 10. Contractor LicensingSec. 6-231. Contractor licenses required.Sec. 6-232. Contractors required to be state-

certified.Sec. 6-233. Contractor categories licensed by Lee

County.Sec. 6-234. Delegation of authority to the Lee

County Construction Licensing Board.Sec. 6-235. Owner-builder exemption.Sec. 6-236. Other exemptions.Sec. 6-237 Penalties.Secs. 6-238--6-330. Reserved.

Division 8. Unsafe Building Abatement CodeSec. 6-211. Adoption; amendments.Secs. 6-212--6-221. Reserved.

Division 9. Standard Housing CodeSec. 6-222. Adopted and amended.Secs. 6-223--6-230. Reserved

ARTICLE III. COASTALCONSTRUCTION CODE

Division 1. GenerallySec. 6-331. Origin. Findings of fact.Sec. 6-332. Intent of article; applicability of

article.Sec. 6-333. Definitions.Sec. 6-334. Conflicting provisions.Sec. 6-335. Reserved. Penalty for violation of

article.Sec. 6-336. Reserved. Additional remedies.Sec. 6-337. Reserved. Enforcement of article.Sec. 6-338. Variances.Sec. 6-339. Compliance with article; correction of

violations.Secs. 6-339 340--6-360. Reserved.

Division 2. Coastal Construction Standards forCoastal Building Zone

Sec. 6-361. Generally.Sec. 6-362. Structural requirements for major

structures.Sec. 6-363. Reserved.Sec. 6-364. Structural requirements for

nonhabitable major structures.Sec. 6-365. Structural requirements for minor

structures.Sec. 6-366. Location of construction near beaches.Sec. 6-367. Public access.Sec. 6-368. References.Secs. 6-369--6-400. Reserved.

ARTICLE IV. FLOODPLAIN REGULATIONSFLOOD HAZARD REDUCTION

Division 1. GenerallySec. 6-401. Reserved. Statutory authority.Sec. 6-402. Findings of fact.Sec. 6-403. Purpose of article.Sec. 6-404. Objectives of article.Sec. 6-405. Definitions.Sec. 6-406. Penalty for violation of article;

additional remedies.Sec. 6-407. Applicability of article. Lands to which

article applies.Sec. 6-408. Basis for establishing areas of special

flood regulations hazard.Sec. 6-409. Reserved. Compliance with article.Sec. 6-410. Abrogation; Conflicting provisions.Sec. 6-411. Reserved. Interpretation of article.Sec. 6-412. Warning and disclaimer of liability.Secs. 6-413--6-440. Reserved.


Division 2. AdministrationSec. 6-441. Designation of administrator.Sec. 6-442. Reserved. Duties and responsibilities of

administrator.Sec. 6-443. Reserved. Development permit

required.Sec. 6-444. Applications and certifications. for

development permit.Sec. 6-445. Appeals.Sec. 6-446. Variances.Secs. 6-447--6-470. Reserved.

Division 3. StandardsSec. 6-471. General standards.Sec. 6-472. Specific standards.Sec. 6-473. Repeated damage by flooding.

Standards for streams withoutestablished base flood elevations orfloodways.

Sec. 6-474. Standards for subdivision proposals.Sec. 6-475. Standards for areas of shallow

flooding.

ARTICLE V. HOUSING STANDARDS

ARTICLE VI. UNIFORM FIRE CODE

ARTICLE I. IN GENERALPROPERTY MAINTENANCE CODES

DIVISION 1. MAINTENANCE CODE

Sec. 6-1. Purpose.

(a) The purpose of this division is to protect thecomfort, health, repose, safety, and general welfareof residents of the Town of Fort Myers Beach by:

(1) establishing minimum property and buildingmaintenance standards; and

(2) providing for the abatement of nuisancesaffecting the general public.

(b) The maintenance and nuisance standards inthis division are supplementary to standards that arefound in other portions of this code and in otherordinances adopted by the Town of Fort MyersBeach.

Sec. 6-2. Exterior surfaces of buildings.

(a) All building walls and roofs shall be

maintained in a secure and attractive manner.Deteriorated structural and decorative elements ofany building wall or roof shall be repaired orreplaced in a workmanlike manner to match asclosely as possible the materials and constructionof the building.

(b) All exterior surfaces other than decay-resistant wood and other weather durable finishesshall be protected from the elements by paint orother protective covering applied according tomanufacturers’ specifications. Loose material,including peeling paint, shall be removed andreplaced.

(c) Doors and windows shall be maintained asfollows:

(1) All doors and windows shall be secured in atight-fitting and weatherproof manner.

(2) Sashes with rotten wood must be repaired orreplaced.

(d) Ground level storefront windows facing apublic right-of-way shall be maintained in anunbroken and clean state.

(1) No window facing a public right-of-wayshall be removed, enclosed, or covered,except that damaged windows may beboarded up for a reasonable temporaryperiod while repairs are being arranged. Anybuilding renovations approved under thiscode must treat such windows as an integralpart of the building facade.

(2) All awnings or canopies facing or visiblefrom the public right-of-way shall bemaintained in good condition. Torn or looseawnings shall be promptly repaired orreplaced.

(e) All roofs shall be maintained in a secure andwatertight condition.

(f) Any new mechanical equipment placed on aroof shall be screened from view from ground levelof adjoining properties and public rights-of-way.When mechanical equipment is being replaced ona roof of a building that is not undergoingstructural alterations, such equipment shall bescreened to the same standard using non-structuralmaterials such as ornamental latticework.

Sec. 6-3. Exterior storage.


(a) No temporary or permanent storage ofmaterials or equipment shall be allowed on anyvacant parcel except in compliance with theregulations for the use of such property as set forthin ch. 34 of this code, or in conjunction with anactive building permit.

(b) Equipment, materials, and furnishing notdesigned for use outdoors, such as automotive partsand tires, building materials, and interior furniture,may not be stored outdoors.

(c) Nuisance accumulations of trash orabandoned property are regulated by Fort MyersBeach Ordinance No. 97-11.

Sec. 6-4. Public rights-of-way and sidewalks.

(a) Landowners shall maintain in a cleancondition adjoining sidewalks and public rights-of-way that, because of their location and character,appear or are used as if they are an extension of theparcel of land. The landowner shall, at a minimum:

(1) keep such sidewalks and rights-of-way clearof litter, debris, and weeds;

(2) maintain trees and shrubs to allow a verticalclearance of at least 7 feet above anysidewalk; and

(3) regularly mow or otherwise maintainunpaved areas in a neat and attractivecondition.

(b) The display on public property of vehicles forsale, rent, or hire is regulated by Fort Myers BeachOrdinance No. 96-16.

(c) Parking on public rights-of way is regulatedby Fort Myers Beach Ordinance No. 96-16.

Sec. 6-5. Nuisances.

(a) No person owning, leasing, operating, orhaving control of any premises with the town shallmaintain, keep, or permit any nuisance as describedin this section.

(b) The existence of any of the followingconditions or conduct is hereby declared toconstitute a public nuisance:

(1) A condition or use that causes a substantialdiminution of value of property in thevicinity of the condition or use.

(2) Buildings that are abandoned.(3) Buildings that are boarded up, except when

placed for temporary hurricane protectionand removed within 30 days.

(4) Buildings that are partially destroyed andnot rebuilt within a reasonable temporaryperiod while repairs are being arranged,

(5) Partially constructed buildings that are notcompleted within a customary constructionperiod or for which building permits haveexpired.

(6) Any attractive nuisance dangerous tochildren such as excavations, untended andunfenced swimming pools, or abandonedor broken equipment or machinery.

(7) Overt blocking of drainage swales or pipesso as to cause flooding or adversely affectsurrounding property.

(8) Excessive or untended accumulations ofdebris or trash, including scattered trashand litter that remains on commercialparking lots for a period longer than 24hours. See also Fort Myers BeachOrdinance No. 97-11.

(9) Outdoor storage on private property ofboats or motor vehicles which are notaffixed with a current registration decal.

(10) Any other condition or use that constitutesa nuisance to the public which iscontinually or repeatedly maintained, theabatement of which would be in the bestinterest of the health, safety, and welfare ofresidents of the town.

Sec. 6-6. Inoperative vehicles on publicproperty.

(a) The keeping, storing, or parking of aninoperative vehicle on any public property,including public streets and rights-of-way, ishereby declared to be a nuisance. It shall beunlawful for any person to allow any inoperativevehicle to remain on public property. The noticeand removal procedures set forth in F.S. §§705.105through 705.104 may be used by town and lawenforcement personnel.

(b) If a vehicle becomes disabled while onpublic property, it shall be removed within 24hours.

Sec. 6-7. Noise.


Unreasonable levels of noise are regulated byFort Myers Beach Ordinance No. 96-24.

Sec. 6-8. Required landscaping, buffers, andnative vegetation.

Any landscaping, buffers, and native vegetationplanted or preserved in accordance with adevelopment order or rezoning approval shall bemaintained in at least the same condition asrequired for the original installation or preservation.Chapter 10 of this code describes the current plantmaintenance standards.

Sec. 6-9. Lot mowing.

Grass and weeds in excess of 16 inches in heightare regulated by Fort Myers Beach Ordinance No.96-13.

Sec. 6-10. Building numbers.

(a) Every building in the town shall continuouslydisplay the building number assigned to it by LeeCounty so that the building can be readily identifiedfrom the street by emergency personnel.

(b) Posted building numbers shall be at least 3inches high. Numbers on commercial, institutional,or multifamily buildings that are set back more than50 feet from the street shall be at least 8 incheshigh. Building numbers shall be in a color thatcontrasts with the immediate background and mustbe clearly visible from the adjoining street.

Sec. 6-11. Refuse containers.

(a) Refuse containers shall not be moved to thestreet more than 24 hours prior to scheduledcurbside collections nor remain there more than 24hours after scheduled collections.

(b) Any refuse containers that are not movable inaccordance with subsection (a) shall be opaquelyscreened from view from streets and adjoiningproperties, This screening may be achieved bylandscaping or by virtue of the location of thecontainer on the site. Screening may also beachieved by walls or opaque fencing provided thewall or fence does not exceed the maximum heightpermitted for that location (see § 34-1171 et seq.).If the nonmovable refuse container would be visible

above the allowable height, it must be replacedwith a shorter container.

Sec. 6-12–6-30. Reserved.

DIVISION 2 9.MINIMUM STANDARD HOUSING CODE

[moved from article II, division 9]

Sec. 6-31 222. Adoption; amendments Minimumstandard housing code.

The following chapters and sections of the 19971988 Standard Housing Code, as published by theSouthern Building Code Congress International,Inc., 900 Montclair Road, Birmingham, Alabama,35213-1206, are hereby adopted by reference andmade a part of this article, with the exceptions setforth the Lee County Construction Code asfollows:Chapter 1, Administration.Exception: Delete Section 101.4.3 and replacewith new section 101.4.3 as follows:

[exception deleted in its entirety]Exception: Delete Section 103.2.2(4) is deletedand replaced with new section 103.2.2(4) asfollows:

4. State that, if such repairs, reconstruction,alterations, removal or demolition are notvoluntarily completed within the stated time asset forth in the notice, the housing official shallinstitute such legal and/or administrativeproceeding as may be appropriate.

Exception: Delete Section 103.4 is deleted andreplaced with new section 103.4 as follows:

An officer or employee, or member of anyLee County board, charged with theenforcement of this code, in the discharge of hisduties, shall not thereby render himself liablepersonally, and is hereby relieved from allpersonal liability for any damage that mayaccrue to persons or property as a result of anyact required or permitted in the discharge of hisduties.

Exception: Section 103.5 is deleted.Exception: Delete Section 104 is deleted andreplaced with new section 104 as follows:

104.1 InspectionsThe housing official shall make, or cause to

be made, inspections to determine the conditionof residential buildings and premises in the


interest of safeguarding the health and safety ofthe occupants of such buildings and of thegeneral public. For the purpose of making suchinspections, the housing official, or his designee,is hereby authorized to enter, examine andsurvey, at all reasonable times, any residentialbuilding or premises. If the owner, agent, tenantor other person in charge thereof refuses to allowthe housing official, or his designee, free accessto such building or premises, the housing officialmay obtain a duly issued search or administrativewarrant, pursuant to F.S. ch. 933, as from time totime amended, or any other applicable law whichmay be in effect at the time such warrant issought.104.2 Administration and enforcement ofcomplaints.

No official action with respect to a suspectedor alleged violation of any provision of this codeshall be undertaken until the following conditionshave been met: (1) Complaining party hasproduced to the housing official sufficient proofof tenancy or right of entry into the subjectdwelling unit (i.e., lease agreement, receipt forrental payment); (2) Tenant/occupant hasprovided authorization for housing official toinspect the premises; and (3) Complaining partyhas produced evidence of notification to theowner of the alleged deficiencies with respect tothe housing. Once the foregoing conditions havebeen met, the housing official or his designeeshall inspect the building to determine thevalidity of the complaint and thereafter takeappropriate action to remedy any violations ofthis code found to exist. However, the above-stated conditions shall not apply in the event thehousing official or a subordinate of the housingofficial files a complaint based upon first-handknowledge or observation.

Exception: Delete Sections 105, 106 and 107,relating to the housing board of adjustments andappeals, are deleted. and substitute with the latestadopted ordinance of the board of adjustment andappeals. Appeals and variances shall be processedand decided in the same manner as for variancesunder ch. 34 of this code. Enforcement of this codeshall be in accordance with ch. 1.Exception: Delete Section 107 and replace withnew section 107 as follows:

[exception deleted in its entirety]

Chapter 2, Definitions.

Exception: Delete the definition of “building” and“housing official” found in section 202 and replacewith a new definition of “building” and “housingofficial” to be used when construing minimumhousing provisions, as follows:

Building--Any structure built or used forshelter or enclosure of persons which hasenclosing walls sheltering 50 percent or more ofits perimeter. The term “building” shall beconstrued as if followed by the words “or partthereof” and shall include mobile homes,manufactured homes and all recreationalvehicles which have been established as unitsfor permanent living by the filing of adeclaration of domicile with the clerk of thecircuit court on or before October 21, 1985;provided, however, that the building or partthereof also is offered for rent or lease,regardless of when such building may have beenconstructed; and provided further, that theforegoing definition specifically excludescondominium, cooperative and time-share units,hotels and motels, and any building rented for30 days or less in any 12-month period.

Housing official–the officer, or his dulyauthorized representative charged with theadministration and enforcement of this code,which shall be the town manager or designee.

Exception: The following definitions are herebyadopted and made a part of the Lee CountyConstruction Code:


Chapter 3, Minimum Standards for BasicEquipment and Facilities.Exception: Delete section 301 and replace withnew section 301 as follows:

No person shall let or sublet to another foroccupancy all or part of any building, as definedabove, that constitutes a dwelling or dwellingunit designed or intended to be used for thepurpose of living, sleeping, cooking, or eatingtherein, nor shall any vacant dwelling buildingbe permitted to exist which does not complywith the following requirements.

Exception: Delete section 302.2 and replace withnew section 302.2 as follows:

All required plumbing fixtures shall belocated within the dwelling unit and beaccessible to the occupants of same. The watercloset, tub or shower and lavatory shall belocated in a room affording privacy to the user.


Bathrooms shall be accessible from habitablerooms, hallways, corridors or other protected orenclosed areas.

Exception: Delete section 302.4 and replace withnew section 302.4 as follows:

[exception deleted in its entirety]Exception: The following language shall be addedto section 302.5:

This section and its subsections shall onlyapply if the Standard Building Code (aspublished by the Southern Building CodeCongress) and any local amendments thereto,required heating facilities at the time the buildingwas constructed.

Exception: Delete section 302.5.3 and replace withnew section 302.5.3 as follows:

Unvented fuel burning heaters shall beprohibited except for gas heaters listed forunvented use where the total input rating of theunvented heater is less than 30 BTU per hour percubic foot of room content and provided that thegas heater is installed pursuant to the Gas Codeas adopted herein at section 6-171.Notwithstanding the above, all unvented fuel-burning heaters shall be prohibited in bedroomsand sleeping areas.

Exception: The following language shall be addedto section 306.1:

[exception deleted in its entirety]Exception: Delete section 306.2 and replace withnew section 306.2 as follows:

[exception deleted in its entirety]Exception: The following language shall be addedto section 307.4:

[exception deleted in its entirety]Exception: Delete section 307.5 and replace withnew section 307.5 as follows:


Secs. 6-32 223--6-35 330. Reserved.

DIVISION 3 8. UNSAFE BUILDING ABATEMENT CODE

[moved from article II, division 8]

Sec. 6-36. 211. Adoption; amendments.

The following chapters and sections of the 1985Standard Unsafe Building Abatement Code, aspublished by Southern Building Code CongressInternational, Inc., 900 Montclair Road,

Birmingham, Alabama 35213-1206, are herebyadopted by reference and made part of this article,with the exceptions set forth as follows:Chapter I, Administration.Section 105, relating to the board of adjustmentsand appeals, is deleted, and replaced by theprocedures set forth for the delegation of authorityto Lee County’s construction board of adjustmentand appeals found in division 2 of article II of thischapter. the latest adopted county ordinancerelating to the board of adjustment and appeals issubstituted therefor.Chapter II, Definitions.Chapter III, Inspection and Notice of

Noncompliance.Chapter IV, Appeals.Chapter V, Rules of Procedure for Hearing

Appeals.Chapter VI, Implementation.Chapter VII, Recovery of Cost of Repair or

Demolition.Exception: If the building official proceeds to

demolish the building or structure as set forthherein, the town council Board of CountyCommissioners shall, by proper resolution, assessthe entire cost of such demolition and removalagainst the real property upon which such cost wasincurred, which assessment, when made, shallconstitute a lien upon the property superior to allothers except taxes. The lien shall be filed inamong the public land records of the county. Theresolution of assessment and lien must indicateshall show the nature of the such assessment andlien, the lien amount thereof, and an accuratedescription of the property affected. The lienbecomes effective on thereby; such lien shall datefrom the date of filing such notice of lien, and shallbear interest from such date at the rate of tenpercent per annum. and shall be enforceable ifunsatisfied after the expiration of two years fromthe date of filing such notice of lien by foreclosure.The foreclosure proceeding may be prosecuted to asale and conveyance of If the resulting lien is notsatisfied within two years after the date it is filed,then the town may:

(1) file suit to foreclose on the liened propertyinvolved in the proceedings as nowprovided by law in suits to foreclosemortgages; or,

(2) in the alternative, the proceedings may beinstituted and prosecuted by follow anyother lawful process or procedure then


available for enforcement of same pursuantto the lien in accordance with any generallaw of the state relating to the enforcement ofmunicipal liens.

Secs. 6-37 212--6-40 221. Reserved.

ARTICLE II.BUILDING CODES AND STANDARDS

DIVISION 1. GENERALLY

Sec. 6-41. Applicability of article.

This article applies to the unincorporated areas ofthe Town of Fort Myers Beach county.

Sec. 6-42. Penalty for violation of article;additional remedies.

Any person, or any agent or representativethereof, who violates any provision of this articleshall, upon conviction, be subject to the followingpenalties:

(1) Criminal penalties. Such person shall besubject to punishment as provided in § 1-5.

(2) Civil penalties. The town council Board ofCounty Commissioners may institute in anycourt, or before any administrative board ofcompetent jurisdiction, action to prevent,restrain, correct or abate any violation of thisarticle or of any order or regulations made inconnection with its administration orenforcement, and the court or administrativeboard shall adjudge such relief by way ofinjunction, or any other remedy allowed bylaw, or otherwise, to include mandatoryinjunction as may be proper under all thefacts and circumstances of the case in orderto fully effectuate the regulations adoptedunder this article, or any amendment thereto,and any orders and rulings made pursuantthereto.

Sec. 6-43. Conflicting provisions.

Whenever the requirements or provisions of thisarticle are in conflict with the requirements orprovisions of any other lawfully adopted ordinance,code or county regulation, the provisions providingthe greater degree of lifesafety will apply. Anyconflict between the applicable minimum building

code and the applicable minimum fire safety codeswill be resolved by agreement between thebuilding official and the fire official in favor of therequirement of the code which offers the greatestdegree of lifesafety or alternative which wouldprovide an equivalent degree of lifesafety and anequivalent method of construction.

Sec. 6-44. Enforcing officers.

Designated county officials, referenced by thestandard codes adopted herein, shall be appointedby the town manager county administrator. Thedesignated officials shall carry out the dutiesenumerated in the standard codes and shall bedeemed the responsible officials with respect toenforcement of the provisions of these theconstruction codes.

Sec. 6-45. Permit fees.

The town council Board of CountyCommissioners has the power to determine and setreasonable permit fees. Unless a different feeschedule is set, permits fees shall be as referencedin Lee County Administrative Code 3-10,Appendix C (external fees and charges manual). Aschedule of these fees shall be published as a LeeCounty Administrative Code and copies of suchschedule may be obtained at the county departmentof public resources.


DIVISION 2. LEE COUNTY’S BOARDS OF ADJUSTMENT AND APPEALS

Sec. 6-71. Applicability of division.

This division shall include, but not be limited to,any contractor, owner, agent, manufacturer orsupplier providing construction services ormaterials regulated by standard codes enforced bythe Town of Fort Myers Beach. county division ofcodes and building services or its successor agencywithin the unincorporated areas of the county.

Sec. 6-72. Intent of division.

It is recognized that there is in existence LeeCounty Ordinances 92-36, as amended, 88-29, as


amended, and 90-23, as amended, which provide forthe adoption of The town has adopted variousstandard codes relating to building, plumbing,mechanical, gas, electrical, unsafe buildings,housing, and fire and floodplain managementenforced in the unincorporated area of the county.This division is intended to be construed inconjunction with these codes. existing countyordinances referenced above.

Sec. 6-73. Boards established; jurisdiction.

Lee County has There is hereby established aconstruction board of adjustment and appeals,which shall be known as the Lee County board ofadjustment and appeals through chapter 6, article 2,division 2 of the Lee County Land DevelopmentCode. The purpose of that this board is to hear anddecide appeals from the decision of the county’sbuilding official, and fire official, county floodinsurance coordinator (“coordinator”) or theirdesignees on any of the various standard codesregulated and enforced by the county except theplumbing code and mechanical code. Lee Countyhas also established separate boards of adjustmentand appeals to arbitrate matters involving theplumbing code and mechanical code have beencreated by the county construction code, OrdinanceNo. 92-36, as amended.

Sec. 6-74. Delegation of authority to LeeCounty’s boards of adjustment and appeals.

(a) The Town of Fort Myers Beach herebydelegates to each of the three Lee County boards ofadjustment and appeals the authority to makedecisions on appeals that may be filed inaccordance with Sec. 6-80 of this division.

(b) The town attorney will provide legal adviceto each of the three Lee County boards ofadjustment and appeals when warranted.


Sec. 6-74. Membership; appointment ofmembers. [deleted in its entirety]

Sec. 6-75. Term of office. [deleted in its entirety]

Sec. 6-76. Quorum. [deleted in its entirety]

Sec. 6-77. Meetings; rules of procedure. [deleted in its entirety]

Sec. 6-78. Records. [deleted in its entirety]

Sec. 6-79. Funding; staff. [deleted in its entirety]

Sec. 6-80. Right of appeal; notice of appeal.

(a) Whenever the building official, or fireofficial, coordinator or their designees shall rejector refuse to approve the mode or manner ofconstruction to be followed or materials to be used,or when it is claimed that the provisions of a codedo not apply, or that an equally good or moredesirable form of construction can be employed inany specific case, or when it is claimed that thetrue intent and meaning of a code or any of theregulations thereunder have been misconstrued orwrongly interpreted, the owner of such building orstructure, or his duly authorized agent, may appealfrom the decision of the building official, or fireofficial, coordinator or their designees to the LeeCounty’s appropriate board of adjustment andappeals. Notice of appeal shall be in writing andfiled within 30 days after the decision is renderedby the building official, or fire official, coordinatoror their designees. All requests for appeal shall beon forms provided by the building official withpayment of the appropriate fee. division of codesand building services or its successor agency. Afee which shall be adopted by an administrativecode shall accompany such notice of appeal.

(b) In the case of a building or structure whichin the opinion of the building official is unsafe ordangerous, the building official may, in his order,limit the time for such appeal to a shorter period.

Sec. 6-81. Variations and to standard codes;modifications. of orders of building official.

(a) The Lee County’s boards of adjustment andappeals, pursuant to an appeal from a decision ofthe building official, or fire official, coordinator ortheir designees, may vary the application of a codeto any particular case when, in its opinion andbased upon sufficient evidence, the enforcementthereof would do manifest injustice and would becontrary to the spirit and purpose of a code orpublic interest, or when, in its opinion and basedupon sufficient evidence to the contrary, the


interpretation of the building official, or fireofficial, coordinator or their designees should bemodified or reversed.

(b) Any decision of the Lee County boards ofadjustment and appeals to vary the application ofany provision of a code or to modify an order of thebuilding official, or fire official, coordinator or theirdesignees shall specify the variation or modificationmade, the conditions upon which it is made, and thereasons therefor.

(c) Variances to the floodplain regulations mustmeet the additional criteria in article IV of thischapter.

Sec. 6-82. Decisions.

(a) Every decision of the Lee County’s boards ofadjustment and appeals shall be final; subject,however, to any remedy an aggrieved party mighthave at law or in equity. Every decision shall be inwriting and shall indicate the vote upon thedecision. Every decision of the Lee County’s boardsof adjustment and appeals shall be signed andattested to by the chairman of the board.

(b) The Lee County’s boards of adjustment andappeals shall, in every case, reach a decisionwithout unreasonable or unnecessary delay.

(c) If a decision of the any of Lee County’sboards of adjustment and appeals reverses ormodifies a refusal, order or disallowance of thebuilding official, or fire official, coordinator or theirdesignees, or varies the application of any provisionof a code, the appropriate official shall immediatelytake action in accordance with such decision.

(d) Any aggrieved person may obtain judicialreview of the decision of the Lee County’s boardsof adjustment and appeals by filing a petition forwrit of certiorari in the circuit court. Such petitionmust be filed within 30 calendar days after theboard of adjustment and appeals’ decision, but notthereafter, pursuant to the Florida Rules of CivilProcedure. The original petition for writ ofcertiorari must be filed with the clerk of the circuitcourt. Copies of the petition shall be filed with thebuilding official division of codes and buildingservices for forwarding to the town attorney countyattorney’s office.


DIVISION 3. BUILDING CODE

Sec. 6-111. Adoption; amendments.

The following chapters and sections of the 19971991 Standard Building Code, as published bySouthern Building Code Congress International,Inc., 900 Montclair Road, Birmingham, Alabama35213-1206, are hereby adopted by reference andmade a part of this article, with the exceptions setforth as follows:

Chapter 1, Administration.Section 1043.1.1 is amended to read as follows:

1043.1.1. When required.Any owner, authorized agent, lessee, tenant

or contractor or any other person using the land,building or premises who desires to construct,enlarge, alter, repair, move, demolish, change orupgrade the occupancy of a building or structureas per section 3401.2.1 101.5.1.2, or to erect,install, enlarge, alter, repair, remove, convert orreplace any electrical, gas, mechanical orplumbing system, the installation of which isregulated by the technical codes, or to constructa sign of any description, or to install or alterfire extinguishing apparatus, elevators, orengines, or to install a steam boiler, furnace,heater, incinerator or other heat-producingapparatus or other appurtenances, or to causeany such work to be done, shall first makeapplication to the building official and obtainthe required permit for the proposed work.

Exception: (1) Pursuant to F.S. § 553.73(7),these regulations shall not apply tononresidential farm buildings on farms.

(2) Permits shall not be required for thefollowing mechanical work:

(a) Any portable heating appliances;(b) Any portable ventilation equipment;(c) Any portable cooling unit;(d) Any steam, hot or chilled water piping

within any heating or cooling equipmentregulated by this code;

(e) Replacement of any part which does notalter its approval or make it unsafe;

(f) Any portable evaporative cooler;(g) Any self-contained refrigeration system

containing ten pounds (4.54 kg) or less


of refrigerant and actuated by motors ofone horsepower (746 W) or less.

Section 104.1.4 103.1.3 is amended to add includethe following:

104.1.4. Minor repairs.Ordinary minor repairs, routine maintenance,

or incidental work of a nonstructural nature maybe made with the approval of the building officialwithout a permit, provided that such repair shallnot violate any of the provisions of the technicalcodes. For purposes of this section, “ordinaryminor repairs” include the replacement ofdamaged or worn materials by similar newmaterials and any other shall be those repairsdefined as such, from time to time hereafter, bythe building official. Ordinary minor repairsunder this section may not involve the cutting ofany structural beam or supporting member orinclude any alterations that would increasehabitable floor area, change the use of anyportion of the building, remove or change anyrequired means of egress or exit access, or affectthe structural integrity or fire rating of thebuilding. Board of County Commissionersthrough the adoption of an appropriateadministrative code policy.

Section 104.1.6 103.1.5, relating to time limitations,is amended to add include the following:

The building official shall take all actionsnecessary to process an application for a permitwith plans as filed, or as amended, withoutunreasonable or unnecessary delay. All plansreviewed which are approved by the buildingofficial or his designee are a best effort in goodfaith by the town county codes and buildingservices staff in determining compliance of theplans with all applicable county codes,ordinances, rules or regulations. Any failure onthe part of the town county staff to ascertainviolations of any applicable county codes,ordinances, rules or regulations on the approvedplans shall not exonerate the contractor, builderand/or owner for their failure to comply with anyand all county codes, ordinances, rules orregulations.

A permit issued shall be construed to be alicense to proceed with the work but and shall notbe construed as authority to violate, cancel, alteror set aside any of the provisions of this code, norshall such issuance of a permit prevent thebuilding official from thereafter requiring acorrection of errors in plans or in construction or

of violations of this code. Although a permitissued to an owner is transferable to anotherowner, actual and notice of the transfer ofpermit shall be given to the building officialprior to the transfer. Building permits shall beissued following the approval of site andconstruction plans. Building permits onmultifamily projects shall be issued on eachindividual building or structure. Multitenantoccupancies, including but not limited toshopping malls, may be permitted on anindividual building or structure (shell); however,individual permits shall be used separately fortenant spaces.

The first inspection required by the permitshall be made within a six-month period ofissuance or the permit shall be deemed invalid.All subsequent inspections shall be made withina six-month period of the most recent inspectionuntil completion of work or the permit shallbecome invalid. For purposes of this section, thefoundation inspection will be considered thefirst inspection.

The entire foundation must be completedwithin the first six months from the issuance ofthe permit. Partial inspections due to complexityof the foundation may be made with buildinginspector’s approval, and job site plans shall beinitialed by the inspector only on that portion ofthe plans that is inspected, and these inspectionsare for compliance to plans and specificationsand are in no way to be construed as the firstinspection. Subsequent inspections may be madeuntil the entire foundation is completed. At thattime, the foundation will be signed off as thefirst inspection. One or more extensions of thebuilding permit for good cause may be grantedby the building official on a project for a periodnot exceeding 90 days each. The request shall bemade by written notice to the building official atleast 30 days prior to expiration of the buildingpermit. The building official may requirecompliance with any revised building code,mechanical code, plumbing code, electricalcode, gas code, swimming pool code or firecode requirements in effect at the time ofgranting any extension to the building permit.Any extension request denied may be appealedto the town council Board of CountyCommissioners by the applicant on a formprovided by the building official. The councilboard shall grant or deny the extension upon a


finding of good cause or lack thereof. If granted,the extension or extensions shall not exceed aperiod of 90 days each.

Section 1043.7.2, relating to work commencingbefore permit issuance, is amended to read asfollows:

1043.7.2. Work commencing before permitIssuance.

If any person commences any work on abuilding or structure before obtaining thenecessary permit, he shall be subject to a penaltyof double the permit fees, unless the work inquestion is emergency work, as defined herein.

Emergency work may be done without apermit and without penalty, provided that thenecessary permits are obtained after the fact: (1)in a timely manner, (2) permit fees are paid, and(3) the work done meets all code requirementsand passes inspection. For purposes of thissection, emergency work shall be defined, fromtime to time hereafter, by the Board of CountyCommissioners in an appropriate administrativecode policy, which building official, who willalso shall establish standards for determining thetimeliness of after-the-fact permittingcompliance. Emergency work which fails to passinspection shall be corrected or removedimmediately upon the direction of the buildingofficial.

Section 106.1.2 103.9.1.2, relating to issuingcertificate of occupancy, is amended to read asfollows:

Upon satisfactory completion of constructionof a building or structure and installation ofelectrical, gas, mechanical and plumbing systemsin accordance with the technical codes, approvedplans and specifications; obtaining the certificateof compliance completion as required by section106, if applicable; and paying the garbageassessment if required by Lee County OrdinanceNo. 95-08 86-14, as may be amended; and afterthe final inspection herein referred to, and uponapplication therefor, the building official shallissue a certificate of occupancy stating the natureof the occupancy permitted, the number ofpersons for each floor when limited by law, andthe allowable load per square foot for each floorin accordance with the provisions of this code.

Section 1085, relating to the construction board ofadjustments and appeals, is deleted, and replaced bythe procedures set forth for the delegation ofauthority to Lee County’s construction board of

adjustment and appeals found in division 2 of thischapter and article. the latest adopted countyordinance relating to the board of adjustment andappeals is substituted therefor.Chapter 2, Definitions.The following definitions are added:

Farm. For the purposes of this code, theterm “farm” shall mean property on which cropsare grown or livestock is raised for commercialpurposes. A farm does not include the familygarden or family pets, even though theunderlying property may be zoned AG(agricultural).

Valid inspection. For the purposes of thiscode, the term “valid inspection” shall mean aninspection of the structural, roofing, mechanical,electrical or plumbing components of a buildingby a building department inspector andverification by the inspector that suchcomponents comply with the requirements ofthe applicable codes.

Chapter 3, Occupancy Classification ReferenceStandards.

Chapter 4, Special Occupancy Classification ofBuildings by Occupancy.

Chapter 5, General Building LimitationsSpecial Occupancy Requirements.

Chapter 6, Classification of Buildings byConstruction Types.

Chapter 7, Fire Resistant Materials andConstruction Protection Requirements.

Chapter 8, Interior Finishes AppurtenanceRequirements.

Chapter 9, Fire Protection Systems Sprinklers,Standpipes And Alarm Systems.

Chapter 10, Means of Egress Fire ResistanceStandards For Materials And Construction.

Section 10105.2 is amended to read as follows:10105.2. Dead-end pockets or hallways.

Exits and exit access will be so arrangedthat dead end pockets or hallways in excess of20 feet long do not occur. An exception to thisrequirement may be administratively approvedby the building official for group A, B, F, M andS building classifications to allow dead endpockets or hallways of up to 50 feet, if thefacility is sprinklered and egress lighting that isno more than one foot above the floor, isprovided. Such administrative approval will begranted when, in the opinion of the buildingofficial, deviation from the standard provides anequivalent degree of lifesafety and an equivalent


method of construction.For purposes of this section, “egress

lighting” means and refers to lighting which willprovide a visible delineation of the path of travelalong the designated exit access in an essentiallycontinuous manner, allowing for interruption bydoorways, hallways, corridors and other similararchitectural features. The lighting system mustact continuously or at any time the building firealarm system is activated. Egress lighting mustprovide illumination for a period of 1½ hoursafter failure of normal lighting. Initial emergencyillumination must average no less than 1.0footcandle and decline to no less than an averageof 0.6 footcandle at the end of the statedemergency period. See N.F.P.A. 101 chapter 5for additional guidance.

Chapter 11, Means of Egress RequirementsAccessibility for People With PhysicalDisabilities is deleted, and replaced by the 1997Florida Accessibility Code for BuildingConstruction (see F.S. ch. 553, pt. V,Accessibility By Handicapped Persons).

Chapter 12, Interior Environment MinimumDesign Loads.

Section 1203 2001, relating to light and ventilation,is amended as follows:

1203.1. 2001.1 Minimum requirements.1203.1.1 (g) Every residential occupancywhich is to be constructed, and which does nothave a central air conditioning system, shall havescreens on all exterior openable windows andshall have a screen door with a self-closingdevice on all exit doors except for the mainentrance door.

Section 1203.6 is amended to add the following:1203.6 2001.5. Heating facilities.(1) (a) Every residential occupancy which is to

be constructed shall have heating facilitieswhich are installed in accordance with thesecodes as per the latest adopted codes and anyamendments of the Standard MechanicalCode and the Standard Gas Code. Suchheating facilities shall be maintained in safeand good working condition and shall becapable of safely and adequately heating allhabitable rooms and bathrooms in everydwelling unit located therein to a temperatureof at least 70 degrees at a distance of threefeet above floor level under ordinaryminimum winter conditions, or

(2) (b) Where a central heating system is not

provided, each dwelling unit shall beprovided with facilities whereby heatingappliances may be connected.

(3) (c) Unvented fuel-burning heaters shall beprohibited except for gas heaters listed forunvented use and the total input rating of theunvented heater is less than 30 BTU’s perhour per cubic foot of room content volume.Unvented fuel-burning heaters shall beprohibited in bedrooms and sleeping areas.

Chapter 13, Foundations Energy Conservationis deleted, and replaced by the 1997 FloridaEnergy Efficiency Code for BuildingConstruction (see F.S. ch. 553, pt. VIII, ThermalEfficiency Standards).

Chapter 14, Exterior Wall Coverings MasonryConstruction.

Chapter 15, Roof and Roof Structures SteelConstruction.

The following new subsections are hereby added:1503.4.1.5 – Any sheathing exposed or replaced

during reroofing will be fastened inaccordance with standard building codeTable 2306.1, or verified by the owner orroofing contractor to be fastened incompliance already.

1504.1.7 – Use of square head caphead nails forunderlayment is prohibited.

1504.1.8 – Other sections of this codenotwithstanding, use of staples for asphaltshingle attachment is hereby prohibited.

Chapter 16, Structural Loads ConcreteConstruction.

Section 1606, Wind loads: structures must bedesigned using a fastest-mile wind speed of 110miles per hour.Chapter 17, Structural Tests and Inspections

Wood Construction.Chapter 18, Foundations and Retaining Walls

Lathing, Plastering and Gypsum Wallboard.Chapter 19, Concrete Rodent-proof

Construction.Chapter 20, Light Metal Alloys Light,

Ventilation and Sanitation.Chapter 21, Masonry Safeguards During

Construction.Chapter 22, Steel Use of Public Property.Chapter 23, Wood Signs and Outdoor Displays.Chapter 24, Glass and Glazing Elevators,

Dumbwaiters, Escalators, Moving Walks.Chapter 25, Gypsum Board and Plaster

Prefabricated Construction.


Chapter 26, Plastic Light-transmitting Plastics.Chapter 27, Electrical Systems Glass.Chapter 28, Mechanical Systems Aluminum

Construction.Chapter 29, Plumbing Systems Acoustical

Ceiling Systems.Chapter 30, Elevators and Conveying Systems

Fire District, is deleted in its entirety.Chapter 31, Special Construction Calculated

Fire Resistance.Chapter 32, Construction in the Public Right of

Way Installation of Roof Coverings.Section 3207.2.2.6 is amended to include thefollowing:

3. When installed over a completed roofsystem, flat and S porous type tile, designedas decorative by the manufacturer, shall notbe fastened with nails on pitches below 7:12.

Chapter 33, Site Work, Demolition andConstruction.

Section 3311.5 2101.9.5 is added, to read asfollows:

3311.5 2101.9.5. Trash containers.It shall be unlawful to bury construction

debris on the construction site or on any otherpublic or private property not specificallyapproved for such use. A suitable trash containerand adequate collection service shall be providedfor each construction site. For purposes of thisrequirement, a suitable container is any structure,device, receptacle, designated location orcombination thereof which holds constructiondebris on the construction site in a centrallocation long enough for it to be removed fromthe site by means of whatever collection servicethe contractor chooses to use or may be requiredto use pursuant to other applicable laws beforesuch debris is (1) washed or blown off-site, (2)contaminates subsurface elements, (3) becomesvolatile or malodorous, (4) makes an attractivenuisance, or (5) otherwise becomes a threat to thepublic health, safety and welfare.

Chapter 34, Existing Buildings.Section 3401.1, relating to scope, is modified toread as follows:

3401.1 Scope. Provisions of this chapter and ofdivision 4 of this article shall govern theapplication of this code to existing buildings. Ininterpreting this code, the building official maybe guided by the Nationally ApplicableRecommended Rehabilitation Provisions,published in 1997 by the U.S. Department of

Housing and Urban Development.Section 3401.2.2.1 101.5.2, relating to change ofoccupancy, is deleted, and replaced with a newsection 3401.2.2.1 101.5.2, to read as follows:

3401.2.2.1 101.5.2. Change of occupancy,and/or Change of Occupant, and/or Upgradinga Certificate of Compliance to a Certificate ofOccupancy.If the occupancy classification or any occupancysubclassifications of any existing building orstructure is changed to a more hazardousoccupancy, the building, electrical, gas,mechanical and plumbing systems shall be madeto conform to the intent of the technical codes asrequired by the building official.(1) The regulations contained in subsections

101.5.2(2)(a), (2)(c) and (3) below apply toall occupancy classifications. Theregulations contained in subsection101.5.2(2)(b) apply to all occupancyclassifications except for the followingtypes of Group R--Residential Occupancies,as defined in section 411.1.1, or as amendedor replaced: single-family residences,duplexes, mobile homes, condominiums andmultifamily apartments.

(2) If:(a) The occupancy classification of an

existing building or a portion thereof ischanged; or

(b) The occupancy of an existing buildingor portion thereof changes; or

(c) The certificate of compliance for abuilding or portion thereof is upgradedto a certificate of occupancy;

Then the building or portion thereof shall bemade to conform to the intent of this code asrequired by the building official and apermit application shall be made as persection A103.1.

(3) In addition, no permit application shall beprocessed nor a permit or certificate ofoccupancy issued if the proposed occupancyas described in this section 101.5.2(1), (2)and (3) is located within areas zoned forindustrial, manufacturing or equivalent usesuntil use of the septic system by the newoccupant or occupancy classification hasbeen approved by and written approvalobtained from the county public health unitof the state department of health andrehabilitative services.


Section 3401.5, relating to special historicbuildings, is deleted, and replaced with a newsection 3401.5, to read as follows:

3401.5 Special historic buildings3401.5.1 The provisions of the technicalcodes relating to the construction, alteration,repair, enlargement, restoration, relocation ormoving of buildings or structures shall not bemandatory for an existing building orstructure identified and classified by thefederal, state, county, or town government asa historic structure, or as a contributingstructure in a historic district, when suchbuilding or structure is judged by thebuilding official to be safe and in the publicinterest of health, safety and welfareregarding any proposed construction,alteration, repair, enlargement, restoration,relocation or moving.3401.5.2 If it is proposed that a historicbuilding that is undergoing repair,renovation, alternation, reconstruction, orchange of occupancy not comply literallywith certain technical standards of this code,the building official may require the buildingto be investigated and evaluated by aregistered design professional. Suchevaluation shall identify each requiredfeature of the building not in technicalcompliance and shall demonstrate how theintent of these provisions is to be compliedwith in providing an equivalent level ofsafety.

Chapter 35, Reference Standards.Appendix A, Weights of Building Materials.Appendix B, Recommended Schedule of Permit

Fees, is deleted in its entirety and replaced withuser fees and charges as referenced in LeeCounty Administrative Code 3-10, Appendix C(external fees and charges manual). , and thecounty administrative policy and fees aresubstituted therefor.

Appendix C, One and Two Family Dwellings isdeleted in its entirety, and the county housingcode is substituted therefor.

Appendix D, Standards for Demolition.Appendix E, Energy Conservation is deleted, and

replaced by the 1997 Florida Energy EfficiencyCode for Building Construction (see F.S. ch. 553,pt. VIII, Thermal Efficiency Standards).

Appendix F, Fire District.Appendix G, Adobe Construction.

Appendix H, Manufactured Homes Tie DownStandards.

Appendix I, Accessibility for the PhysicallyDisabled or Handicapped, is to be used inconjunction with F.S. § 553.501 et seq.,accessibility by handicapped persons.

Appendix J, Hurricane Construction.Appendix K, Recommended Guide for Sound

Insulation in Multifamily Dwellings.Appendix L, Fallout Shelter Construction.Appendix M, Commentary on Calculated Fire

Resistance.

Secs. 6-112--6-120. 130. Reserved.

DIVISION 4. EXISTING BUILDINGS CODE

Sec. 6-121. Purpose.

The purpose of this code is to encourage thecontinued use or reuse of existing buildings. Thiscode is designed to supplement the other codesadopted in this article. In interpreting this code, thebuilding official may be guided by the NationallyApplicable Recommended RehabilitationProvisions, published in 1997 by the U.S.Department of Housing and Urban Development.


The following chapters and sections of the 1997Standard Existing Buildings Code, as published bythe Southern Building Code CongressInternational, Inc., 900 Montclair Road,Birmingham, Alabama, 35213-1206, are herebyadopted by reference and made a part of thisarticle, with the exceptions set forth as follows:Chapter 1, Administration.Section 101.7.1, relating to a change ofoccupancy, is deleted, and replaced with a newsection 101.7.1 to read as follows:

If the occupancy classification or anyoccupancy subclassifications of any existingbuilding is changed to a more hazardousoccupancy, the building shall be made toconform to the intent of the Standard BuildingCode for new construction as required by thebuilding official.

Section 105, relating to the board of adjustmentsand appeals, is deleted, and replaced by theprocedures set forth for the delegation of authority


to Lee County’s construction board of adjustmentand appeals found in division 2 of this chapter andarticle.Chapter 2, Definitions and Abbreviations.Chapter 3, Historic Structures, is hereby amended

to read as follows:The provisions of this code relating to the

construction, alteration, repair, enlargement,restoration, relocation or moving of buildings orstructures shall not be mandatory for an existingbuilding or structure identified and classified bythe federal, state, county, or town government asa historic structure, or as a contributing structurein a historic district, when such building orstructure is judged by the building official to besafe and in the public interest of health, safetyand welfare regarding any proposed construction,alteration, repair, enlargement, restoration,relocation or moving.

If it is proposed that a historic building that isundergoing repair, renovation, alternation,reconstruction, or change of occupancy notcomply literally with certain technical standards,the building official may require the building tobe investigated and evaluated by a registereddesign professional. Such evaluation shallidentify each required feature of the building notin technical compliance and shall demonstratehow the intent of these provisions is to becomplied with in providing an equivalent level ofsafety.

Chapter 4, Means of Egress.Chapter 5, Fire Protection.Chapter 6, Light, Ventilation and Sanitation.Chapter 7, Building Services.Chapter 8, Maintenance.Appendix A, Rehabilitation Guidelines.


DIVISION 5. 4. PLUMBING CODE


The following chapters and sections of the 19941991 Standard Plumbing Code, as published bySouthern Building Code Congress International,Inc., 900 Montclair Road, Birmingham, Alabama35213-1206, are hereby adopted by reference andmade part of this article, with the exceptions setforth as follows:

Chapter 1, Administration.Section 1043.1.3, relating to minor repairs, isamended to read as follows:

1043.1.3. Minor repairs.Ordinary minor repairs or routine

maintenance may be made without a permit,provided that such repairs shall not violate anyof the provisions of this code. For purposes ofthis section, “ordinary minor repairs” includeunstopping of sewers, repair of leaks,replacement of common household plumbingfixtures to existing supply lines and outlets, andany other shall be those repairs defined as suchby the building official, but shall not includeany alterations or extensions to existing supply,drain, vent or similar piping. Board of CountyCommissioners through the adoption of anappropriate administrative code policy.


1043.7.2. Work commencing before permitissuance.

If any person commences any work on aplumbing system before obtaining the necessarypermit, he shall be subject to a penalty of doublethe permit fees, unless the work in question isemergency work, as defined herein.

Emergency work may be done without apermit and without penalty, provided that thenecessary permits are obtained after the fact: (1)in a timely manner, (2) permit fees are paid, and(3) the work done meets all code requirementsand passes inspection. For purposes of thissection, emergency work shall be defined, fromtime to time hereafter, by the Board of CountyCommissioners in an appropriate administrativecode policy, which building official, who willalso shall establish standards for determining thetimeliness of after-the-fact permittingcompliance. Emergency work which fails topass inspection shall be corrected or removedimmediately upon direction of the buildingofficial.

Section 1085, relating to the plumbing board ofadjustments and appeals, is deleted, and replacedby the procedures set forth for the delegation ofauthority to Lee County’s plumbing board ofadjustment and appeals found in division 2 of thischapter and article. the latest adopted countyordinance relating to the board of adjustment andappeals is substituted therefor.


Chapter 2, Definitions.Chapter 3, General Regulations Basic Principles.Chapter 4, Plumbing Fixtures General

Regulations.Chapter 5, Water Heaters Materials--Quality

and Weight.Chapter 6, Water Supply and Distribution Joints

and Connections.Section 611.2 relating to materials above ground isamended to read as follows:

611.2 Materials above ground.Materials for water distribution pipes and

tubing shall be brass, copper water tubeminimum type L, stainless steel water tubeminium Grade H, cast iron pressure pipe,galvanized steel, chlorinated polyvinyl chloride(CPVC), polybutylene (PB) or cross-linkedpolyethylene (PEX) plastic pipe or tubing, all tobe installed with approved fittings; except thatchanges in direction in copper tube (ASTM B 88)may be made with bends having a radius of notless than four diameters of the tube, providingthat such bends are made by use of formingequipment which does not deform or create a lossin cross-sectional area of the tube.

Section 611.3 relating to materials below ground isamended to read as follows:

611.3 Materials below ground.Inaccessible water distribution piping under

slabs must be copper water tube minimum typeL, brass, cast iron pressure pipe, galvanized steelpipe, chlorinated polyvinyl chloride (CPVC),polybutylene (PB) or cross-linked polyethylene(PEX) plastic pipe or tubing, all to be installedwith approved fittings or bends. Any materialsubject to corrosion must be protected when usedin corrosive soils.

Chapter 7, Sanitary Drainage Traps andCleanouts.

Chapter 8, Indirect and Special WastesInterceptors--Separators and BackwaterValves.

Chapter 9, Vents Plumbing Fixtures.Section 901, relating to general requirements formaterials, is amended to add the followingrequirements: [deleted in its entirety]Chapter 10, Traps Hangers and Supports.Chapter 11, Storm Drainage Indirect Waste

Piping and Special Wastes.Chapter 12, Fuel Piping Water Supply and

Distribution.Section 1214.5, relating to water treatment units, is

deleted.Chapter 13, Special Piping and Storage Systems

Drainage System.Chapter 14, Reference Standards Vents and

Venting.Chapter 15, Storm Drains.Chapter 16, Alternate Designated Plumbing

Systems.Chapter 17, Referenced Standards.Appendix A, Roof Drain Sizing Method.Appendix B, Plumbing Installation Standards

for Travel Trailers and Travel Trailer Parks.Appendix C, Plumbing Installation Standards

for Manufactured Mobile Homes andManufactured Mobile Home Parks.

Appendix D, Cross Connection, Backflow andBack-Siphonage.

Appendix E, Private Sewage Disposal.Appendix F, Sizing of Water Piping System.Appendix G, Hospital Plumbing Systems.Appendix H, Recommended Schedule of Permit


Appendix I, Installation of House or BuildingSewers.

Appendix J is deleted, and F.S. ch. 553, pt. IX,State Energy Code, is substituted therefor.

Appendix J K, Illustrations.


DIVISION 6. 5. MECHANICAL CODE


The following chapters and sections of the 19971991 Standard Mechanical Code, as published bySouthern Building Code Congress International,Inc., 900 Montclair Road, Birmingham, Alabama35213-1206, are hereby adopted by reference andmade part of this article, with the exceptions setforth as follows:Chapter 1, Administration.Section 1043.1.3, relating to minor repairs, isamended to read as follows:

1043.1.3. Minor repairs.Ordinary minor repairs or routine


maintenance may be made without a permit,provided that such repairs shall not violate any ofthe provisions of this code. For purposes of thissection, “ordinary minor repairs” includeinstallation or replacement of portable heating,ventilating, and cooling units; or any self-contained refrigeration system that is actuated bya motor of 1 horsepower or less; or any othershall be those repairs defined as such by thebuilding official. Board of CountyCommissioners through the adoption of anappropriate administrative code policy.


Section 1043.7.2. Work commencing beforepermit issuance.

If any person commences any work on amechanical plumbing system before obtaining thenecessary permit, he shall be subject to a penaltyof double the permit fees, unless the work inquestion is emergency work, as defined herein.

Emergency work may be done without apermit and without penalty, provided that thenecessary permits are obtained after the fact: (1)in a timely manner, (2) permit fees are paid, and(3) the work done meets all code requirementsand passes inspection. For purposes of thissection, emergency work shall be defined, fromtime to time hereafter, by the Board of CountyCommissioners in an appropriate administrativecode policy, which building official, who willalso shall establish standards for determining thetimeliness of after-the-fact permittingcompliance. Emergency work which fails to passinspection shall be corrected or removedimmediately upon direction of the buildingofficial.

Section 1085, relating to the mechanical board ofadjustments and appeals, is deleted, and replaced bythe procedures set forth for the delegation ofauthority to Lee County’s mechanical board ofadjustment and appeals found in division 2 of thischapter and article. the latest adopted countyordinance relating to the board of adjustment andappeals is substituted therefor.Chapter 2, Definitions.Chapter 3, General Requirements Air

Conditioning, Heating and VentilationEquipment. Add Standard 62.73. ASHRAE-referenced standards shall be the most currentedition.

Chapter 4, Ventilation Air SupplyRefrigeration.

Chapter 5, Exhaust Systems Ducts and DuctSystems.

Chapter 6, Duct Systems Piping.Chapter 7, Combustion Air Incinerators.Chapter 8, Chimneys and Vents Electrical

Requirements.Chapter 9, Special Fuel-Burning Equipment

Listing Referenced Standards. Delete “allyears as referenced” and add “referencedstandards shall be the most current edition.”

Chapter 10, Boilers/Water Heaters.Chapter 11, Refrigeration.Chapter 12, Hydronic Piping.Chapter 13, Fuel Gas Piping.Chapter 14, Special Piping and StorageSystems.Chapter 15, Solar Systems.Chapter 16, Reference Standards.Appendix A, Guidelines for Estimating Heat

Loss and Gain, is deleted in its entirety.Appendix B, Recommended Schedule of Permit


Appendix C, Procedures for DeterminingThermal Resistance (R) Valves for AirDistribution Ducts and Plenums, is deleted inits entirety.


DIVISION 7. 6. GAS CODE


The following chapters and sections of the 19971991 Standard Gas Code, as published by SouthernBuilding Code Congress International, Inc., 900Montclair Road, Birmingham, Alabama 35213-1206, are hereby adopted by reference and madepart of this article, with the exceptions set forth asfollows:Chapter 1, Administration.Section 1043.1.3, relating to minor repairs, isamended to read as follows:

1043.1.3. Minor repairs.


Ordinary minor repairs or routinemaintenance may be made without a permit,provided that such repairs shall not violate any ofthe provisions of this code. For purposes of thissection, “ordinary minor repairs” includeinstallation and replacement of commonhousehold fixtures to existing supply lines andventing systems and any other shall be thoserepairs defined as such by the building official,but shall not include any alterations or extensionsto existing supply lines and venting systems.Board of County Commissioners through theadoption of an appropriate administrative codepolicy.


Section 1043.7.2. Work commencing beforepermit issuance.

If any person commences any work on a gasplumbing system before obtaining the necessarypermit, he shall be subject to a penalty of doublethe permit fees, unless the work in question isemergency work, as defined herein.

Emergency work may be done without apermit and without penalty, provided that thenecessary permits are obtained after the fact: (1)in a timely manner, (2) permit fees are paid, and(3) the work done meets all code requirementsand passes inspection. For purposes of thissection, emergency work shall be defined, fromtime to time hereafter, by the Board of CountyCommissioners in an appropriate administrativecode policy, which building official, who willalso shall establish standards for determining thetimeliness of after-the-fact permittingcompliance. Emergency work which fails to passinspection shall be corrected or removedimmediately upon direction of the buildingofficial.

Section 1085, relating to the board of adjustmentsand appeals, is deleted, and replaced by theprocedures set forth for delegation of authority toLee County’s construction board of adjustment andappeals found in division 2 of this chapter andarticle. the latest adopted county ordinance relatingto the board of adjustment and appeals is substitutedtherefor.Chapter 2, Definitions.Chapter 3, Gas Piping Installations.Chapter 4, Appliance Installation.Chapter 5, Installation Requirements for

Specific Appliances.Chapter 6, Venting of Appliances.Chapter 7, Procedures to be Followed Prior to

Placing Appliance in Operation.Chapter 8, Gas Equipment in Unlisted Boilers.Chapter 9, Installation Requirements for

Undiluted Liquefied Petroleum Gases(Butane and Propane).

Chapter 10, 2-PSI Gas Piping.Chapter 11, Reference Standards.Appendix A, Flow of Gas Through Fixed

Orifices.Appendix B, Recommended Schedule of Permit


Appendix C is deleted in its entirety.Appendix D, Example Problems.Appendix E, 5-PSI Gas Sizing.


DIVISION 8. 7. ELECTRICAL CODE


(a) The following chapters and sections of the1999 1990 National Electrical Code, NFPA 701987, as published by the National Fire ProtectionAssociation, 1 Batterymarch Park, Quincy,Massachusetts 02269-9101, are hereby adopted byreference and made part of this article, with theexceptions set forth as follows:Chapter 1, General.Chapter 2, Wiring Design and Protection.Chapter 3, Wiring Methods and Materials.Chapter 4, Equipment for General Use.Chapter 5, Special Occupancies.Chapter 6, Special Equipment.Chapter 7, Special Conditions.Chapter 8, Communications Systems.Chapter 9, Tables and Examples.

(b) The following current editions of thefollowing standards, as provided in F.S. § 553.19,are hereby adopted and made part of this divisionthe county construction code as follows:

(1) Underwriters’ Laboratories, Inc., standards:


for Safety, Electrical Lighting Fixtures, anda. Fluorescent Lighting Fixtures, UL 1570;b. Incandescent Lighting Fixtures, UL

1571;c. High-Intensity Discharge Lighting

Fixtures, UL 1572; andd. Portable Electric Lamps, UL 57-1982

and UL 153 1983.(2) Underwriters’ Laboratories, Inc., standard for

Electric Signs, UL 48 1982.(3) The provisions of NFPA No. 99, Health Care

Facilities. the following which prescribeminimum electrical standards:a. NFPA No. 56A-1978, Inhalation

Anesthetics 1978.b. NFPA No. 56B-1982, Respiratory

Therapy 1982.c. NFPA No. 56C-1980, Laboratories in

Health-Related Institutions 1980.d. NFPA No. 56D-1982, Hyperbaric

Facilities.e. NFPA No. 56F-1983, Nonflammable

Medical Gas Systems for 1983.f. NFPA No. 76A-1984, Essential

Electrical Systems for Health CareFacilities 1984.

(3 4) Chapter 59A-4 10D-29 of the rules andregulations of the state department of healthand rehabilitative services, entitled“Minimum Standards for Nursing Homes andRelated Facilities Licensure.”

(5) The Minimum Standards for Grounding ofPortable Electric Equipment, F.A.C. 8C-27,as recommended by the industrial standardssection, division of worker’s compensation,state department of labor and employmentsecurity.

Sec. 6-192. Appeals and variances.

Appeals and variances to this code shall behandled in accordance with the procedures set forthfor delegation of authority to Lee County’sconstruction board of adjustment and appeals foundin division 2 of this chapter and article.


DIVISION 9. FIRE CODES

ARTICLE VI.UNIFORM FIRE CODE

[moved from article VI]

Sec. 6-211. 551. Applicability.

This article applies to the unincorporated areasof the Town of Fort Myers Beach Lee County.

Sec. 6-212. 552. Purpose.

The purpose of this article is to provideregulations intended to act in conjunction with theStandard Building Code and to be consistent withnationally recognized practices for the reasonableprotection of life and property from the hazards offire and explosion due to storage, use or handlingof hazardous materials, substances and devices,and to minimize hazards to life and property due tofire and panic.

Sec. 6-213. 553. Uniform fire safety rules andstandards.

All new, existing, and proposed hospitals,nursing homes, adult congregate assisted livingfacilities, correctional facilities, public schools,transient public lodging establishments, publicfood service establishments, elevators, migrantlabor camps, mobile home parks, lodging parks,recreational vehicle parks, recreational camps,residential and nonresidential child care facilities,facilities for the developmentally disabled, andself-service gas stations are subject to UniformFire Safety Standards in accordance with F.S. §633.022 and F.A.C. § 4A-1 et seq. and will beregulated as therein provided. For purposes of thissection, the state fire marshal will be the finaladministrative authority. Uniform Fire SafetyRules and Standards are adopted by the division ofthe state fire marshal department of insurance fromtime to time. The rules and standards will beconsidered controlling for purposes of enforcementof this section.

Sec. 6-214. 554. Standard fire prevention code.

The 1994 edition of the Standard FirePrevention Code as published by the SouthernBuilding Code Congress International, Inc., 900


Montclair Road, Birmingham, Alabama 35213-1206, is hereby adopted in its entirety by referenceand incorporated herein, with the following specificexceptions:(1) Exceptions to Chapter 1.

a. Section 101.3.1 relating to applicability isamended as follows:

The provisions of this code will apply tothe repair, equipment, maintenance, useand occupancy of every new and existingbuilding or structure or any new orexisting appurtenances connected orattached to such buildings or structures.Any specific requirements will takeprecedence over the general provisions.

b. Delete section 105, board of adjustments andappeals, and replace with the procedures setforth for the delegation of authority to LeeCounty’s construction board of adjustmentand appeals found in chapter 6, division 2 ofthis chapter and article code entitled board ofadjustments and appeals.

(2) Exceptions to Chapter 3. Delete N.F.P.A.standards and replace with the following N.F.P.A.standards: The N.F.P.A. standards referenced belowwill be considered part of this section as thoughfully set forth herein. Compliance with thesestandards is required unless the fire officialdetermines otherwise.

N.F.P.A. 10-1990, Portable Fire Extinguishers.N.F.P.A. 11-1994, Low Expansion Foam.N.F.P.A. 11A-1994, Medium and High

Expansion Foam Systems.N.F.P.A. 11C-1990, Mobile Foam Apparatus.N.F.P.A. 12-1993, Carbon Dioxide Extinguishing

Systems.N.F.P.A. 12A-1992, Halon 1301 Fire

Extinguishing Systems.N.F.P.A. 12B-1990, Halon 1211 Fire

Extinguishing Systems.N.F.P.A. 13-1994, Installation of Sprinkler

Systems.N.F.P.A. 13D-1994, Sprinkler Systems in One

and Two Family Dwellings andManufactured Homes.

N.F.P.A. 13R-1994, Sprinkler Systems inResidential Occupancies up to and IncludingFour Stories in Height.

N.F.P.A. 14-1993, Installation of Standpipe andHose Systems.

N.F.P.A. 15-1990, Water Spray Fixed Systems.N.F.P.A. 16-1991, Installation of Deluge Foam-

Water Sprinkler Systems and Foam-WaterSpray Systems.

N.F.P.A. 16A-1994, Installation of Closed-HeadFoam-Water Sprinkler Systems.

N.F.P.A. 17-1990, Dry Chemical ExtinguishingSystems.

N.F.P.A. 17A-1990, Wet ChemicalExtinguishing Systems.

N.F.P.A. 18-1990, Wetting Agents.N.F.P.A. 20-1993, Installation of Centrifugal

Fire Pumps.N.F.P.A. 22-1993, Water Tanks for Private Fire

Protection.N.F.P.A. 24-1992, Installation of Private Fire

Service Mains and Their Appurtenances.N.F.P.A. 25-1992, Water-Based Fire Protection

Systems.N.F.P.A. 26-1988, Supervision of Valves

Controlling Water Supplies.N.F.P.A. 30-1993, Flammable and Combustible

Liquids Code.N.F.P.A. 30A-1993, Automotive and Marine

Service Station Code.N.F.P.A. 30B-1990, Aerosol Products,

Manufacture and Storage.N.F.P.A. 31-1992, Installation of Oil Burning

Equipment.N.F.P.A. 32-1990, Dry Cleaning Plants.N.F.P.A. 33-1989, Spray Application Using

Flammable and Combustible Materials.N.F.P.A. 34-1989, Dipping and Coating

Processes Using Flammable or CombustibleLiquids.

N.F.P.A. 35-1987, Manufactured of OrganicCoatings.

N.F.P.A. 36-1993, Solvent Extraction Plants.N.F.P.A. 37-1994, Stationary Combustion

Engines and Gas Turbines.N.F.P.A. 40-1988, Storage and Handling of

Cellulose Nitrate Motion Picture Film.N.F.P.A. 40E-1993, Storage of Pyroxylin

Plastic.N.F.P.A. 43A-1990, Storage of Liquid and Solid

Oxidizers.N.F.P.A. 43B-1993, Organic Peroxide

Formulations, Storage of.N.F.P.A. 43C-1986, Storage of Gaseous

Oxidizing Materials.N.F.P.A. 43D-1986, Storage of Pesticides in

Portable Containers.N.F.P.A. 45-1991, Fire Protection for

Laboratories Using Chemicals.N.F.P.A. 46-1990, Storage of Forest Products.N.F.P.A. 49-1991, Hazardous Chemicals Data.N.F.P.A. 50-1990, Bulk Oxygen Systems at

Consumer Sites.N.F.P.A. 50A-1994, Gaseous Hydrogen Systems

at Consumer Sites.N.F.P.A. 50B-1994, Liquefied Hydrogen


Systems at Consumer Sites.N.F.P.A. 51-1992, Design and Installation of

Oxygen-Fuel Gas Systems for Welding,Cutting, and Allied Processes.

N.F.P.A. 51A-1989, Acetylene CylinderCharging Plants.

N.F.P.A. 51B-1994, Cutting and WeldingProcesses.

N.F.P.A. 52-1992, Compressed Natural Gas(CNG) Vehicular Fuel Systems.

N.F.P.A. 53-1994, Fire Hazards in OxygenEnriched Atmospheres.

N.F.P.A. 54-1992, National Fuel Gas Code.N.F.P.A. 55-1993, Compressed and Liquefied

Gases in Portable Cylinders.N.F.P.A. 58-1992, Storage and Handling of

Liquefied Petroleum Gases.N.F.P.A. 59-1992, Storage and Handling of

Liquefied Petroleum Gases at Utility GasPlants.

N.F.P.A. 59A-1994, Liquefied Natural Gas(LNG).

N.F.P.A. 61A-1989, Fire and Dust Explosions inFacilities Manufacturing and HandlingStarch.

N.F.P.A. 61B-1989, Fires and Explosions inGrain Elevators and Facilities Handling BulkRaw Agricultural Commodities.

N.F.P.A. 61C-1989, Fire and Dust Explosions inFeed Mills.

N.F.P.A. 61D-1989, Fire and Dust Explosions inthe Milling of Agricultural Commodities forHuman Consumption.

N.F.P.A. 65-1993, Processing and Finishing ofAluminum.

N.F.P.A. 68-1994, Venting of Deflagrations.N.F.P.A. 69-1992, Explosion Prevention

Systems.N.F.P.A. 70-1993, National Electrical Code.N.F.P.A. 70B-1990, Electrical Equipment

Maintenance.N.F.P.A. 70E-1988, Electrical Safety

Requirements for Employee Workplaces.N.F.P.A. 72-1993, National Fire Alarm Code.N.F.P.A. 75-1992, Protection of Electronics

Computer/Data Processing Equipment.N.F.P.A. 77-1993, Static Electricity.N.F.P.A. 79-1991, Electrical Standard for

Industrial Machinery.N.F.P.A. 80-1992, Fire Doors and Windows.N.F.P.A. 80A-1993, Exterior Fire Exposure.N.F.P.A. 81-1986, Fur Storage, Fumigation and

Cleaning.N.F.P.A. 82-1994, Incinerators, Waste and Linen

Handling Systems and Equipment.N.F.P.A. 85C-1991, Furnace

Explosions/Implosions in Multiple Burner

Boiler-Furnaces.N.F.P.A. 86-1990, Ovens and Furnaces-Design,

Location and Equipment.N.F.P.A. 86C-1991, Industrial Furnaces Using a

Special Processing Atmosphere.N.F.P.A. 86D-1990, Industrial Furnaces Using

Vacuum as an Atmosphere.N.F.P.A. 88A-1991, Parking Structures.N.F.P.A. 88B-1991, Repair Garages.N.F.P.A. 90A-1993, Installation of Air

Conditioning and Ventilating Systems.N.F.P.A. 90B-1993, Installation of Warm Air

Heating and Air Conditioning Systems.N.F.P.A. 91-1992, Installation of Exhaust

Systems for Air Conveying of Materials.N.F.P.A. 92A-1993, Smoke-Control Systems.N.F.P.A. 92B-1991, Smoke Management

Systems in Malls, Atria, Large Areas.N.F.P.A. 96-1994, Ventilation Control and Fire

Protection of Commercial CookingOperations.

N.F.P.A. 99-1993, Health Care Facilities.N.F.P.A. 99B-1993, Hypobaric Facilities.N.F.P.A. 101M-1994, Alternative Approaches

to Life Safety.N.F.P.A. 102-1992, Assembly Seating, Tents,

and Membrane Structures.N.F.P.A. 105-1993, Smoke-Control Door

Assemblies.N.F.P.A. 110-1993, Emergency and Standby

Power Systems.N.F.P.A. 111-1993, Stored Electrical Energy

Emergency and Standby Power Systems.N.F.P.A. 121-1990, Self-Propelled and Mobile

Surface Mining Equipment.N.F.P.A. 130-1993, Fixed Guideway Transit

Systems.N.F.P.A. 150-1991, Fire Safety in Racetrack

Stables.N.F.P.A. 170-1994, Fire Safety Symbols.N.F.P.A. 203-1992, Roof Coverings and Roof

Deck Constructions.N.F.P.A. 204M-1991, Smoke and Heat Venting.N.F.P.A. 211-1992, Chimneys, Fireplaces,

Vents and Solid Fuel Burning Appliances.N.F.P.A. 214-1992, Water-Cooling Towers.N.F.P.A. 220-1992, Types of Building

Construction.N.F.P.A. 231-1990, General Storage.N.F.P.A. 231C-1991, Rack Storage of Materials.N.F.P.A. 231D-1989, Storage of Rubber Tires.N.F.P.A. 231E-1989, Storage of Baled Cotton.N.F.P.A. 231F-1987, Roll Paper Storage.N.F.P.A. 232-1991, Records, Protection of.N.F.P.A. 232AM-1991, Archives and Records

Centers.N.F.P.A. 241-1993, Construction, Alteration and


Demolition Operations.N.F.P.A. 291-1988, Fire Flow Testing and

Marking of Hydrants.N.F.P.A. 302-1989, Pleasure and Commercial

Motor Craft.N.F.P.A. 303-1990, Marinas and Boat Yards.N.F.P.A. 306-1993, Control of Gas Hazards on

Vessels.N.F.P.A. 307-1990, Marine Terminals, Piers and

Wharves.N.F.P.A. 312-1990, Fire Protection of Vessels

During Construction, Repair and Lay-up.N.F.P.A. 318-1992, Protection of Cleanrooms.N.F.P.A. 321-1991, Basic Classification of

Flammable and Combustible Liquids.N.F.P.A. 325M-1991, Fire Hazard Properties of

Flammable Liquids, Gases, and VolatileSolids.

N.F.P.A. 326-1993, Safe Entry of UndergroundStorage Tanks.

N.F.P.A. 327-1993, Cleaning or SafeguardingSmall Tanks and Containers Without Entry.

N.F.P.A. 328-1992, Control of Flammable andCombustible Liquids and Gases in Manholes,Sewers, and Similar Underground Structures.

N.F.P.A. 329-1992, Handling UndergroundReleases of Flammable and CombustibleLiquids.

N.F.P.A. 385-1990, Tank Vehicles forFlammable and Combustible Liquids.

N.F.P.A. 386-1990, Portable Shipping Tanks forFlammable and Combustible Liquids.

N.F.P.A. 395-1993, Storage of Flammable andCombustible Liquids on Farms and IsolatedSites.

N.F.P.A. 407-1990, Aircraft Fuel Servicing.N.F.P.A. 408-1989, Aircraft Hand Fire

Extinguishers.N.F.P.A. 409-1990, Aircraft Hangars.N.F.P.A. 410-1989, Aircraft Maintenance.N.F.P.A. 415-1992, Aircraft Fueling Ramp

Drainage.N.F.P.A. 416-1993, Construction and Protection

of Airport Terminal Buildings.N.F.P.A. 417-1990, Construction and Protection

of Aircraft Loading Walkways.N.F.P.A. 418-1990, Roof-Top Heliport

Construction and Protection.N.F.P.A. 419-1992, Master Planning Airport

Water Supply Systems for Fire Protection.N.F.P.A. 423-1989, Construction and Protection

of Aircraft Engine Test Facilities.N.F.P.A. 480-1993, Storage, Handling, and

Processing of Magnesium.N.F.P.A. 481-1987, Production, Processing,

Handling and Storage of Titanium.N.F.P.A. 482-1987, Production, Processing,

Handling and Storage of Zirconium.N.F.P.A. 490-1993, Storage of Ammonium

Nitrate.N.F.P.A. 491M-1991, Hazardous Chemical

Reactions.N.F.P.A. 495-1992, Explosive Materials Code.N.F.P.A. 496-1993, Purged and Pressurized

Enclosures for Electrical Equipment inHazardous (Classified) Locations.

N.F.P.A. 497A-1992, Classification of Class IHazardous (Classified) Locations forElectrical Installations in Chemical ProcessAreas.

N.F.P.A. 497B-1911, Classification of Class IIHazardous (Classified) Locations forElectrical Installations in Chemical ProcessAreas.

N.F.P.A. 497M-1991, Classification of Gases,Vapors and Dusts for Electrical Equipmentin Hazardous (Classified) Locations.

N.F.P.A. 498-1992, Explosives Motor VehicleTerminals.

N.F.P.A. 501A-1992, Fire Safety Criteria forManufactured Home Installations, Sites andCommunities.

N.F.P.A. 501D-1993, Fire Safety Criteria forRecreational Vehicle Parks andCampgrounds.

N.F.P.A. 502-1992, Fire Protection for LimitedAccess Highways, Tunnels, Bridges,Elevated Roadways, and Air RightStructures.

N.F.P.A. 505-1992, Powered Industrial TrucksInvolving Type Designations, Areas of Use,Maintenance and Operations.

N.F.P.A. 512-1994, Truck Fire Protection.N.F.P.A. 513-1994, Motor Freight Terminals.N.F.P.A. 600-1992, Industrial Fire Brigades.N.F.P.A. 601-1992, Guard Service in Fire Loss

Prevention.N.F.P.A. 650-1990, Pneumatic Conveying

Systems for Handling CombustibleMaterials.

N.F.P.A. 651-1993, Manufacture of AluminumPowder.

N.F.P.A. 654-1988, Prevention of Fire and DustExplosions in the Chemical, Dye,Pharmaceutical, and Plastics Industries.

N.F.P.A. 655-1993, Sulfur Fires and Explosions.N.F.P.A. 664-1993, Fires and Explosions in

Wood Processing and WoodworkingFacilities.

N.F.P.A. 701-1989, Methods of Fire Tests ForFlame-Resistant Textiles and Films.

N.F.P.A. 703-1992, Fire Retardant ImpregnatedWood and Fire Retardant Coatings forBuilding Material.


N.F.P.A. 704-1990, Identification of the FireHazardous of Materials.

N.F.P.A. 705-1993, Field Flame Test for Textilesand Films.

N.F.P.A. 780-1992, Lighting Protection Code.N.F.P.A. 801-1991, Facilities Handling

Radioactive Materials.N.F.P.A. 802-1993, Nuclear Research and

Production Reactors.N.F.P.A. 803-1993, Light Water Nuclear Power

Plants.N.F.P.A. 820-1992, Fire Protection in

Wastewater Treatment and CollectionFacilities.

N.F.P.A. 850-1992, Electric Generating Plants.N.F.P.A. 851-1992, Hydroelectric Generating

Plants.N.F.P.A. 901-1990, Uniform Coding for Fire

Protection.N.F.P.A. 910-1991, Libraries and Library

Collections.N.F.P.A. 911-1991, Museums and Museum

Collections.N.F.P.A. 912-1993, Places of Worship.N.F.P.A. 1122-1994, Code for Model Rocketry.N.F.P.A. 1123-1990, Outdoor Display of

Fireworks.N.F.P.A. 1124-1988, Manufacture,

Transportation and Storage of Fireworks.N.F.P.A. 1125-1988, Model Rocket Motors.N.F.P.A. 1126-1992, Use of Pyrotechnics Before

a Proximate Audience.N.F.P.A. 1221-1991, Installation, Maintenance

and Use of Public Fire ServiceCommunications Systems.

N.F.P.A. 1231-1993, Water Supplies forSuburban and Rural Fire Fighting.

N.F.P.A. 1961-1992, Fire Hose.N.F.P.A. 1962-1993, Care, Use and Service

Testing of Fire Hose Including Connectionsand Nozzles.

N.F.P.A. 1963-1993, Fire Hose Connections.N.F.P.A. 1964-1993, Spray Nozzles (Shutoff and

Tip).N.F.P.A. 2001-1994, Clean Agent Fire

Extinguishing Systems.N.F.P.A. 8501-1992, Single Burner Boiler

Operation.N.F.P.A. 8503-1992, Installation and Operation

of Pulverized Fuel Systems.N.F.P.A. 8504-1993, Atmospheric Fluidized-Bed

Boiler Operation.

(3) Exception to Chapter 20, fireworks. Delete inits entirety. (A separate ordinance known as the LeeCounty Fire Works Ordinance has been adopted toaddress this topic.)

(4) Exception to Chapter 36, high piledcombustible storage. The first sentence of section3601 is amended to read as follows:

This Chapter will apply to the storage ofhigh piled combustible materials and high-rackstorage systems.

Sec. 6-215. 555. Special application.

The following special application will applythroughout the town: to all areas of unincorporatedLee County:

Every required fire sprinkler system or otherform of fire identification or suppression systeminstalled in conjunction with, or as analternative to, a required fire sprinkler system,must have supervisory facilities as set forth inN.F.P.A. 72, as adopted pursuant to § 6-214.Section 903.8, 1994 edition of the StandardBuilding Code as adopted pursuant to § 6-111.An exemption from this special applicationexists for sprinkler systems installed in one- andtwo-family homes or in manufactured homes.

Sec. 6-216. 556. Life safety code, NFPA. #101.

(a) The 1994 edition of the N.F.P.A. 101 LifeSafety Code, published by the National FireProtection Association, Battery March Park,Quincy, Massachusetts, is hereby adopted in itsentirety by reference and incorporated herein withthe following specific exceptions.

(b) Revision to Chapter 5, section 5-2.2.4.6(b):Exception to No. 3 to (b): Guards in new andexisting one and two family dwelling may not beless than 36" (91 cm) high.

(b c) Exceptions to Chapter 19:(1) Section 19-3.4.1 will not apply to those

structures three stories or less having accessto the outside from each living unit.

(2) Section 19-3.4.4.1 is amended in accordancewith F.S. § 633.025(11) to provide thatbattery operated smoke detectors will beconsidered an approved detection device forstructures three stories or less having directaccess to the outside from each living unit.

Sec. 6-217. 557. Minimum fire flows, hydrantspacing and water main size.

Requirements relating to minimum standards forfire flows, fire hydrant spacing, water main sizeand fire department access will be as establishedpursuant to chapter 10, article III, division 5.


Sec. 6-218. 558. Protection of penetration of fire-rated assemblies.

(a) All penetrations of fire rated assemblies mustbe protected by an approved device or by anapproved system which has successfully performedunder tests conducted by a recognized laboratory soas to maintain the fire resistance rating of thepenetrated assembly.

(b) Compliance must be indicated by drawings ordetails on properly submitted plans that detail thefollowing:

(1) Type of penetration;(2) Means of protection for penetration; and(3) Any listing and reference numbers of

systems, methods and assemblies, forprotection of penetrations, tested by arecognized testing facility, or otherdocumentation, subject to fire officialdetermination.

(c) Existing installations may be exempt fromthis section and continue in use subject to fireofficial determination.

(d) The fire official may require any occupancyundergoing renovation, remodeling, repair or anyother type of construction to comply with thissection.

Sec. 6-219. 559. Reserved. Fire protection forconstruction located outside established firedistricts. [deleted in its entirety]

Sec. 6-220. 560. Reserved. Enforcement of LeeCounty facilities. [deleted in its entirety]

Sec. 6-221. 561. Appeals.

Any decision of the fire official renderedpursuant to this article may be appealed using theprocedures set forth for the delegation of authorityto the Lee County’s construction board ofadjustment and appeals found in division 2 ofarticle II of this chapter.

Sec. 6-222. 562. Reserved. Enforcement andpenalties. [deleted in its entirety]

Sec. 6-223. 563. Conflict.

Wherever the requirements or provisions of thisarticle are in conflict with the requirements orprovisions of any other lawfully adopted ordinance,code or town county regulation, the provisionsproviding the greater degree of life safety will

apply. In the event this article conflicts with theLee County Standard Building Code, theprovisions of F.S. § 553.73(9 8) will be applicable.


DIVISION 10. CONTRACTOR LICENSING

Sec. 6-231. Contractor licenses required.

Lee County authorizes the issuance ofcontractor licenses, as authorized by F.S. ch. 489and Lee County Ordinance No. 96-20, granting theprivilege of engaging in the contracting businesswithin the jurisdiction of Lee County. The Townof Fort Myers Beach desires to restrict thoseengaging in the contracting business to thoseholding the same categories of licensure asrequired by Lee County:

(1) state-certified contractors holding an activestate certificate of competency;

(2) state-registered contractors holding anactive state registration and Lee Countycertificate of competency. A Lee Countycertificate of competency alone is notsufficient if state statute requires that thecontractor also hold a state certificate orregistration;

(3) Locally licensed contractors holding anactive Lee County certificate ofcompetency; or

(4) Restricted specialty contractors holding anactive Lee County restricted certificate ofcompetency.

Sec. 6-232. Contractors required to be state-certified.

In accordance with F.S. ch. 489, the followingtypes of contractors must hold a valid statecertification in order to contract in the Town ofFort Myers Beach:

(1) General contractor(2) Building contractor(3) Residential contractor(4) Class A air conditioning contractor(5) Class B air conditioning contractor(6) Commercial pool/spa contractor(7) Residential pool/spa contractor(8) Swimming pool servicing contractor(9) Sheet metal contractor(10) Mechanical contractor(11) Plumbing contractor(12) Residential solar water heating contractor(13) Underground utilities and excavation

contractor


(14) Asbestos abatement contractor(15) Roofing contractor(16) Pollutant storage system contractor

Sec. 6-233. Contractor categories licensed by LeeCounty.

(a) The Town of Fort Myers Beach accepts LeeCounty certificates of competency in the followingspecialty categories:

(1) Alarm system contractor I(2) Alarm system contractor II(3) Aluminum specialty structures contractor(4) Aluminum (without concrete) contractor(5) Aluminum (non-structural) contractor(6) Asphalt sealing and coating contractor(7) Awning contractor(8) Cabinet and millwork contractor(9) Carpentry contractor(10) Concrete coatings contractor(11) Concrete forming and placing contractor(12) Concrete placing and finishing (flatwork)

contractor(13) Court (outdoor) contractor(14) Demolition contractor(15) Dredging contractor(16) Drywall contractor(17) Excavation contractor(18) Fence erection contractor(19) Finish carpentry contractor(20) Garage door contractor(21) Glass and glazing contractor(22) Gunite contractor(23) Gutter and downspout contractor(24) Insulation (building) contractor(25) Insulation (all types) contractor(26) Irrigation sprinkler contractor(27) Journeyman air conditioning(28) Journeyman electrician(29) Journeyman mechanical(30) Journeyman plumber(31) Marciting contractor(32) Marine contractor(33) Masonry contractor(34) Master electrical contractor(35) Painting contractor(36) Paver block contractor(37) Paving contractor(38) Pile driving contractor(39) Plastering/stucco contractor(40) Reinforcing steel contractor(41) River rock contractor(42) Sandblasting contractor(43) Sign contractor – limited(44) Sign contractor – restricted(45) Structural steel erection contractor(46) Terrazo contractor

(47) Tile and marble contractor

(b) The Town of Fort Myers Beach alsoaccepts certain older Lee County certificates ofcompetency that the county has determined to bevested with respect to the scope of work allowedunder the certificate category. These certificatesmay be in the following categories:

(1) Air conditioning contractor – Class A(2) Air conditioning contractor – Class B(3) Air conditioning contractor – Class C(4) Alteration and repair (non-structural)

contractor(5) Building contractor(6) Cement, concrete and masonry contractor(7) Cement finishing contractor(8) Demolition contractor(9) Dredging and landfilling contractor(10) Exposed aggregate contractor(11) Flooring contractor (12) General contractor(13) Glazing and window installation

contractor(14) Mechanical contractor(15) Mobile home alteration and repair

(including aluminum work) contractor(16) Paint and roof painting contractor(17) Paving and sealing contractor(18) Plastering, lathing, stucco, and drywall

contractor(19) Plumbing contractor(20) Pool contractor – Class A(21) Pool contractor – Class C(22) Remodeling contractor(23) Residential contractor(24) Roofing contractor(25) Roof painting contractor(26) Roof spraying contractor(27) Seawall and dock contractor(28) Sign contractor – electrical(29) Sign contractor – non-electrical(30) Solar water heating contractor(31) Tile contractor(32) Tile, terrazo, river rock, and marble

contractor(33) Waterproofing contractor(34) Underground utility contractor

Sec. 6-234. Delegation of authority to the LeeCounty Construction Licensing Board.

(a) The Town of Fort Myers Beach herebydelegates to Lee County and the Lee CountyConstruction Licensing Board the authority tomake decisions regarding:

(1) The categories of certificates of competencythat Lee County may require or issue;


(2) The requirements for obtaining and retainingLee County certificates of competency;

(3) The issuance, revocation, and cancellation ofLee County certificates of competency;

(4) Disciplinary actions concerning activitieswithin the town by holders of a Lee Countycertificate of competency or by state certifiedor registered contractors; and

(5) Any other matter within the authority of theLee County Construction Licensing Board.

(b) The policies, procedures, and safeguardsapplicable to the Lee County ConstructionLicensing Board according to Lee CountyOrdinance No. 96-20 are hereby adopted by theTown of Fort Myers Beach for all actions of theBoard regarding violations alleged to have occurredwithin the town.

(c) The town attorney will provide legal adviceto the Lee County Construction Licensing Boardwhen warranted.

Sec. 6-235. Owner-builder exemption.

(a) Owners of property may act as their owncontractor and provide direct on-site supervisionthemselves of all work not performed by licensedcontractors when building or improving:

(1) One-family or two-family residences on theowner’s property for the occupancy or use ofthe owners and not offered for sale or lease;and

(2) Commercial buildings on the owner’sproperty at a cost not to exceed $25,000 forthe occupancy or use of the owners and notoffered for sale or lease.

(b) If, within one year of completion, an owner-builder sells, leases, or offers for sale or lease anybuilding constructed or improved under an owner-builder exemption, the town can presume theconstruction or improvement was undertaken for thepurposes of sale or lease.

(c) This section does not exempt any person theowner-builder employs, or has a contract with, toact in the capacity of a contractor. The ownercannot delegate the owner’s responsibility todirectly supervise all work to any other personunless that person is duly licensed in accordancewith this ordinance and the work performed iswithin the scope of that contractor’s license.

(d) To qualify for exemption under this section,an owner must personally appear and sign thebuilding permit application. The owner must also

execute a disclosure statement prepared by thebuilding official acknowledging compliance withall applicable regulations.

Sec. 6-236. Other exemptions.

The licensing provisions of this article do notapply to:

(1) Any employee of a duly licensed contractorwho is acting within the scope of theemployer’s license or with the employer’sknowledge and permission. However, if theemployer is not licensed to perform the typeof services the employee is contracting toperform, then the employee is not exempt ifthe employee:a. Holds himself or his employer out to be

licensed or qualified by a licensee toperform services outside the scope ofthe employer’s license;

b. Leads the consumer to believe that theemployee has an ownership ormanagement interest in the company; or

c. Performs any of the acts whichconstitute contracting for servicesoutside the scope of the employer’slicense.

The intent of this subsection is to placeequal responsibility on the unlicencedbusiness and its employees for theprotection of the consumers in contractingtransactions.

(2) An authorized employee of the UnitedStates, the state, the county, the town, or anypolitical subdivision of the state, if theemployee does not hold himself out for hireor otherwise engage in contracting except inaccordance with his employment.

(3) Contractors and employees working onbridges, roads, streets, highways, orrailroads, including services incidentalthereto, that are under the responsiblecharge of a professional engineer, dulylicensed general contractor, the county, orthe state.

(4) A registered professional engineer orarchitect acting within the scope of hispractice or any person exempted by the lawregulating engineers and architects,including a person doing design work asspecified in F.S. § 481.229(1)(b). However,an engineer or architect cannot act as acontractor unless properly licensed inaccordance with this article.

(5) An architect or landscape architect licensedunder F.S. ch. 481 or a professionalengineer licensed under F.S. ch. 471 who


offers or renders design-build services.However, a state-certified general contractormust perform the construction services underthe design-build contract.

Sec. 6-237. Penalties.

Penalties for violations of this article shall be asauthorized by Lee County through its Ordinance 96-20, as may be amended from time to time.


ARTICLE III. COASTALCONSTRUCTION CODE


Sec. 6-331. Origin. Findings of fact.

The Florida legislature adopted a Coastal ZoneProtection Act in 1985 (F.S. § 161.52 et seq.). Thisarticle contains the requirements of that act, whichwill reduce the harmful consequences of naturaldisasters on sensitive coastal areas including theentire Town of Fort Myers Beach.

[original language of this section deleted in itsentirety]

Sec. 6-332. Intent of article; applicability ofarticle.

The purpose of this article is to provide minimumstandards for the design and construction ofbuildings and structures to reduce the harmfuleffects of hurricanes and other natural disastersthroughout the town occurring along the coastalareas of the county which front on the Gulf ofMexico and San Carlos Bay. These standards areintended to specifically address design featureswhich affect the structural stability of the beach,dunes and topography of adjacent properties. Thisarticle is site-specific to the coastal building zone asdefined in this article, and is not applicable to otherlocations. In the event of a conflict between thissection and other sections of this article, therequirements resulting in the more restrictive designwill apply. No provisions in this article will beconstrued to permit any construction in any areawhere prohibited by state or federal regulation.

(a) (1) Applicability generally. The requirementsof this article will apply to the following types ofconstruction in the county coastal building zone:

(1) a. The New construction as defined herein;

(2) Substantial of, improvements to existing orrepair of structures as defined in Sec 6-405of this code; and when involving greaterthan 50 percent of the market value of themajor structure, nonhabitable majorstructure and minor structure either:1. Before the improvement or repair wasinitiated; or2. If the structure is damaged and is beingrestored, before the damage occurred.

(3) b. Any construction which would change oralter the character of the shoreline, e.g.,excavation, grading or paving. This articledoes not apply to minor work in the natureof normal beach cleaning or debris removal.

(2) Structures under construction. Therequirements of this article will not apply tostructures under construction for which avalid and unexpired county building permitwas issued prior to March 19, 1986.

(3) Multizone structures. For structures locatedpartially in the coastal building zone, therequirements of this article will apply to theentire structure.

(b) (4) Construction seaward of mean highwater. Structures or construction extendingseaward of the mean high-water line which areregulated by F.S. § 161.041, e.g. groins, jetties,moles, breakwaters, seawalls, revetments, beachnourishment, inlet dredging, etc., are specificallyexempt from the provisions of this article. Inaddition, this article does not apply to piers,pipelines or outfalls which are regulated pursuantto the provisions of F.S. § 161.053.

(c) (5) Certification of compliance. All plansfor buildings in the coastal building zone must besigned and sealed by an architect or engineerregistered in the state. Upon completion of thebuilding and prior to the issuance of a certificate ofoccupancy, a statement must be filed with thedirector of the division of codes and buildingservices signed and sealed by an architect orengineer registered in the state in substantially thefollowing form: “To the best of my knowledge andbelief the above-described construction of allstructural loadbearing components complies withthe permitted documents and plans submitted tothe Town of Fort Myers Beach Division of Codesand Building Services.”

Sec. 6-333. Definitions.2

(a) The following words, terms and phrases,

2Cross reference(s)--Definitions and rules ofconstruction generally, § 1-2.


when used in this article, will have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:

Beach or shore means the zone of unconsolidatedmaterial that extends landward from the mean low-water line to the place where there is markedchange in material or physiographic form, or to theline of permanent vegetation, usually the effectivelimit of storm waves.

Coastal barrier islands [deleted in its entirety]

Coastal building zone [deleted in its entirety]

Coastal construction control lines have beenmeans the landward extent of that portion of thebeach-dune system which is subject to severefluctuations based upon a 100-year storm surge,storm waves or other predictable weatherconditions, as established by the state department ofenvironmental protection in accordance with F.S. §161.053. The most recent lines at Fort MyersBeach were established in 1991, and a copy of theaerials depicting these coastal construction lines arerecorded in the public records at Plat Book 48,Pages 15-34. These and the previous (1978) coastalconstruction control lines may also be reviewed attown hall.

Construction means the carrying out of anybuilding, clearing, filling, excavation or substantialimprovement in the size or use of any structure orthe appearance of any land. When appropriate to thecontext, the term “construction” refers to the act ofconstruction or the result of construction.Construction also includes substantialimprovements to existing structures as defined inSec 6-405 of this code.

Director means the person to whom the towncouncil has delegated authority for enforcing thisarticle.

Dune means a mound or ridge of loosesediments, usually sand-sized, lying landward of thebeach, and deposited by any natural or artificialmeans.

Major structure includes, but is not limited to,residential, commercial, institutional, industrial orother public buildings and other construction havingthe potential for substantial impact (also seedefinition of minor structures below) on the coastalbuilding zone.

Mean high-water line means the intersection of

the tidal plane of mean high water with the shore.Mean high water is the average height of highwaters over a 19-year period. (See F.S. §177.27(15).)

Minor structure includes, but is not limited to,pile-supported elevated dune and beach walkoverstructures; beach access ramps and walkways;stairways; pile-supported viewing platforms,gazebos and boardwalks; lifeguard support stands;public and private bathhouses, sidewalks,driveways, parking areas, shuffleboard courts,tennis courts, handball courts, racquetball courtsand other uncovered paved areas; earth retainingwalls; and ornamental garden structures, aviariesand other ornamental construction. Minorstructures are those structures consideredexpendable under design wind, wave and stormforces.

Mobile home or manufactured home meanshousing which conforms to the FederalManufactured Housing Construction and SafetyStandards pursuant to F.S. § 320.823. However, amobile home or manufactured home is not amanufactured building as defined in F.S. ch. 553,pt. IV.

NGVD means National Geodetic VerticalDatum, as corrected in 1929, a vertical controlused to approximate mean sea level. a geodeticdatum established by the National Ocean Serviceand frequently referred to as the 1929 Mean SeaLevel Datum.

Nonhabitable major structure includes, but isnot limited to, swimming pools; parking garages;pipelines; piers; canals, lakes, ditches, drainagestructures and other water-retention structures;water and sewage treatment plants; electricalpower plants, transmission and distribution lines,transformer pads, vaults and substations; roads,bridges, streets and highways; underground oraboveground storage tanks; communicationsbuildings and towers; and flagpoles and signs over15 feet in height.

100-year storm means a shore-incidenthurricane or any other storm with accompanyingwind, wave and storm surge intensity having a onepercent chance of being equaled or exceeded inany given year, during any 100-year interval.

State minimum building code [deleted in itsentirety]

Substantial improvement [deleted in its


entirety]

(b) Unless specifically defined in this article, thewords or phrases used in this article and not definedin subsection (a) of this section will be interpretedso as to give them the meaning they have incommon usage and to give this article its mostreasonable application.

Sec. 6-334. Conflicting provisions.

Whenever the requirements or provisions of thisarticle are in conflict with the requirements orprovisions of any other lawfully adopted ordinance,the most restrictive requirements shall apply.

Sec. 6-335. Reserved. Penalty for violation ofarticle. [deleted in its entirety]

Sec. 6-336. Reserved. Additional remedies. [deleted in its entirety]

Sec. 6-337. Reserved. Enforcement of article. [deleted in its entirety]

Sec. 6-338. Variances.

(a) Requests for variances The Board ofAdjustment and Appeals is authorized to hear andgrant variances from the provisions of this articleshall be processed and decided in the same manneras for variances under ch. 34 of this code.[remainder of this section deleted in its entirety]

Sec. 6-339. Compliance with article; correctionof violations. [deleted in its entirety]

Secs. 6-339 340--6-360. Reserved.

DIVISION 2. COASTAL CONSTRUCTIONSTANDARDS FOR COASTAL BUILDING

ZONE

Sec. 6-361. Generally.

The following minimum standards requirementswill apply to all construction in the Town of FortMyers Beach. coastal building zone commenced onor after March 1, 1986. These requirements will beconsidered the minimum standards for constructionin the coastal building zone.

Sec. 6-362. Structural requirements for majorstructures.

(a) Design and construction generally. Major

structures must conform to the minimum buildingcode standards adopted by the county in § 6-111.

(b) Mobile homes and manufactured homes.Mobile homes and manufactured homes mustconform to the Federal Mobile Home Constructionand Safety Standards pursuant to F.S. § 320.823,as well as the requirements of subsection (c) of thissection.

(c) Elevation, floodproofing and siting. MajorStructures must be designed, constructed andlocated in compliance with the floodplainregulations National Flood Insurance Regulationsas found in 44 CFR 59 and 60, or article IV of thischapter, whichever is more restrictive.

(d) Velocity pressure. Major structures, exceptmobile homes and manufactured homes, must, at aminimum be designated and constructed inaccordance with chapter 16, section 1606 of the1997 1994 Standard Building Code using a fastest-mile wind speed velocity of 110 miles per hour.

(e) Foundation design. Foundation design andconstruction of a major structure must consider allanticipated loads resulting from a 100-year stormevent, including wave, hydrostatic, andhydrodynamic loads acting simultaneously withlive and dead loads. Erosion computations forfoundation design must account for all vertical andlateral erosion and scour-producing forces,including localized scour due to the presence ofstructural components. Foundation design andconstruction must provide for adequate bearingcapacity taking into consideration the anticipatedloss of soil above the design grade as a result oflocalized scour. The erosion computations requiredby this section do not apply landward of the 1991coastal construction control lines which have beenestablished since June 30, 1980.

Sec. 6-363. Reserved.

Sec. 6-364. Structural requirements fornonhabitable major structures.

Nonhabitable major structures must satisfy thestructural requirements of § 6-362(c) and theapplicable provisions of the Standard BuildingCode as required by article II of this chapter.However, these structures are not required to meetthe balance of specific structural requirements setout in § 6-362. Such structures must be designedto produce the minimum adverse impact on thebeach and dune system. All sewage treatment andpublic water supply systems must be floodproofed


to prevent infiltration of surface water anticipatedfrom a 100-year storm event. Underground utilities,excluding pad transformers and vaults, must befloodproofed to prevent infiltration of surface waterexpected from a 100-year storm event, or mustotherwise be designed to function when submergedunder such storm conditions.

Sec. 6-365. Structural requirements for minorstructures.

Minor structures must satisfy the structuralrequirements of § 6-362(c) and the applicableprovisions of the Standard Building Code asrequired by article II of this chapter. However, thesestructures are not required to meet the balance ofthe specific structural requirements set out in § 6-362. Such structures must be designed to producethe minimum adverse impact on the beach and dunesystem and adjacent properties to reduce thepotential water and wind blown material.Construction of a rigid coastal or shore protectionstructure designed primarily to protect a minorstructure is not permitted.

Sec. 6-366. Location of construction nearbeaches.

(a) Except for minor structures such as elevatedwalkways, lifeguard support stands, piers, beachaccess ramps, and gazebos, and coastal or shoreprotection structures, construction must be located asufficient distance landward of the beach to permitnatural shoreline fluctuations and to preserve dunestability.

(b) At a minimum, major structures shall be builtlandward of the 1978 coastal construction controlline, which is depicted on the Future Land Use Mapas the seaward edge of land-use categories allowingurban development.

(c) When existing major structures that werebuilt partially or fully seaward of the 1978 coastalconstruction control line are reconstructed, theyshall be rebuilt landward of this line. Exceptions tothis rule may be permitted through the planneddevelopment zoning process only where it can bescientifically demonstrated that the 1978 coastalconstruction control line is irrelevant because ofmore recent changes to the natural shoreline. Thetown shall seek the opinion of the FloridaDepartment of Environmental Protection inevaluating any requests for exceptions. Exceptionsmust also comply all state laws and regulationsregarding coastal construction.

(d) New and expanded beachfront developmentmust construct state-approved dune walk-overstructures at appropriate crossing points.

Sec. 6-367. Public access.

Development or construction activity may notinterfere with accessways established by the publicthrough private lands to lands seaward of meanhigh tide line or mean high-water line byprescription, prescriptive easement or any otherlegal means, unless the developer provides acomparable alternative accessway. The developerhas the right to improve, consolidate or relocatesuch public accessways if the accessways providedare:

(1) Of substantially similar quality andconvenience to the public;

(2) Approved by the town council; Board ofCounty Commissioners; and

(3) Consistent with the Fort Myers BeachComprehensive Plan; and coastalmanagement element of the localcomprehensive plan adopted pursuant toF.S. § 163.3178.

(4) Approved by the Florida Department ofEnvironmental Protection whenever changesare proposed seaward of the 1991 coastalconstruction control line.

Sec. 6-368. References.

Assistance in determining the design parametersand methodologies necessary to comply with therequirements of this article may be obtained from:

(1) Shore Protection Manual, U.S. Army Corpsof Engineers, fourth edition, 1984.

(2) U.S. Department of the Army, CoastalEngineering Research Center’s TechnicalPapers and Reports.

(3) State department of environmentalprotection, division of beaches and shores,technical and design memoranda.

(4) Naval Facilities Engineering CommandDesign Manual, NAVFACDM-26, U.S.Department of the Navy.



ARTICLE IV.FLOODPLAIN REGULATIONSFLOOD HAZARD REDUCTION


Sec. 6-401. Reserved. Statutory authority.

The legislature of the state has, in F.S. §125.01(g), (h) and (j), delegated the responsibilityto local governmental units to adopt regulationsdesigned to promote the public health, safety andgeneral welfare of its citizenry.

Sec. 6-402. Findings of fact.

(a) The Town of Fort Myers Beach is floodhazard areas of the unincorporated area of thecounty are subject to periodic inundation whichmay result in the loss of life and property, as well ashealth and safety hazards, disruption of commerceand governmental services, extraordinary publicexpenditures for flood protection and relief, andimpairment of the tax base, all of which adverselyaffect the public health, safety and general welfare.

(b) These flood losses are caused by thecumulative effect of obstructions in floodplainscausing increases in flood heights and velocities,and by the occupancy in flood hazard areas by usesvulnerable to floods or hazardous to other landswhich are inadequately elevated or floodproofed orotherwise unprotected from flood damages.

Sec. 6-403. Purpose of article.

It is the purpose of this article to promote thepublic health, safety and general welfare and tominimize public and private losses due to floodconditions in specific areas by provisions designedto:

(1) Restrict or prohibit uses which are dangerousto health, safety and property due to water orerosion hazards, or which result in damagingincreases in erosion or in flood heights orvelocities; and

(2) Require that uses vulnerable to floods,including facilities which serve such uses, beprotected against flood damage at the time ofinitial construction;

(3) Control the alteration of natural floodplains,stream channels and natural protectivebarriers which are involved in theaccommodation of floodwaters;

(4) Control filling, grading, dredging and otherdevelopment which may increase erosion or

flood damage; and(5) Prevent or regulate the construction of flood

barriers which will unnaturally divertfloodwaters or which may increase floodhazards to other lands.

Sec. 6-404. Objectives of article.

The objectives of this article are to:(1) Protect human life and health;(2) Minimize expenditure of public money for

costly flood control projects;(3) Minimize the need for rescue and relief

efforts associated with flooding andgenerally undertaken at the expense of thegeneral public;

(4) Minimize prolonged business interruptions;(5) Minimize damage to public facilities and

utilities such as water and gas mains,electric, telephone and sewer lines, streetsand bridges located in floodplains; and

(6) Help maintain a stable tax base by providingfor the sound use and development offloodprone areas in such a manner as tominimize future flood blight areas; and

(7) Ensure that potential home buyers arenotified that their property is in a flood area.

Sec. 6-405. Definitions.3

The following words, terms and phrases, whenused in this article, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning.Unless specifically defined in this section, wordsor phrases used in this article shall be interpretedso as to give them the meanings they have incommon usage and to give this article its mostreasonable application.

Addition to an existing building means anywalled and roofed expansion to the perimeter of abuilding in which the addition is connected by acommon loadbearing wall other than a firewall.Any walled and roofed addition which isconnected by a firewall or is separated byindependent perimeter loadbearing walls is newconstruction.

Appeal means a request for a review of the floodinsurance coordinator’s interpretation of anyprovision of this article or a. A request for avariance from the precise terms of this article is

3Cross reference(s)--Definitions and rules ofconstruction generally, § 1-2.


not an appeal.

Area of shallow flooding [deleted in its entirety]

Area of special flood hazard [deleted in itsentirety]

Base flood means the flood having a one percentchance of being equaled or exceeded in any givenyear.

Basement [deleted in its entirety]

Breakaway walls means any type of walls,whether solid or lattice, and whether constructed ofconcrete, masonry, wood, metal, plastic or any othersuitable building materials, which are not part of thestructural support of the building and which aredesigned and constructed to collapse under specificlateral loading forces without causing damage to theelevated portion of the buildings or the supportingfoundation system on which they are used.

Building means any structure built for support,shelter or enclosure for any occupancy or storage.

Coastal high-hazard area means the area subjectto high-velocity waters caused by forces such as butnot limited to hurricane wave wash or tsunamis.The area is designated on the flood insurance ratemap FIRM for the county as zones V1--V30, VE orV.

Coordinator means Lee County’s the countyflood insurance coordinator, who is the director ofthe division of codes and building services or hisdesignee, who has been is hereby designated by theBoard of County Commissioners to implement,administer and enforce the county’s floodplainregulations provisions of this article.

Development [deleted in its entirety]

Elevated building means a nonbasement buildingbuilt to have the lowest floor elevated above theground level by means of fill, solid foundationperimeter walls, pilings, columns (posts and piers)or shear walls.

Existing manufactured home park ormanufactured home subdivision means a parcel orcontiguous parcels of land divided into two or moremanufactured home lots or sites for rent or sale forwhich the construction of facilities for servicing thelot or site on which the manufactured home is to beaffixed, including, at a minimum, the installation ofutilities, either final site grading or the pouring of

concrete pads, and the construction of streets, wascompleted prior to August 31, 1984.

Expansion to an existing manufactured homepark or manufactured home subdivision means thepreparation of additional sites by the constructionof facilities for servicing the sites on which themanufactured homes are to be affixed, includingthe installation of utilities, either final site gradingor pouring of concrete pads, or the construction ofstreets.

Flood and flooding mean a general andtemporary condition of partial or completeinundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.(2) The unusual and rapid accumulation or

runoff of surface waters from any source.

Flood hazard boundary map (FHBM) [deletedin its entirety]

Flood insurance rate map (FIRM) means theofficial map of the unincorporated areas of thecounty on file with the coordinator, on which theFederal Emergency Management Agency hasdelineated both the base flood elevations andcoastal high hazard areas (V zones) areas ofspecial flood hazard and the risk premium zonesapplicable to the county.

Flood insurance study [deleted in its entirety]

Floodway [deleted in its entirety]

Floodproofing means a combination ofstructural and non-structural features that reduce oreliminate flood damage to buildings and/or theircontents. There are two distinct kinds offloodproofing. For dry floodproofing, a building ismade watertight up to the base flood elevation andstrengthened to resist all hydrostatic andhydrodynamic loads and to counter the effects ofbuoyancy. For wet floodproofing, damage to abuilding is avoided by allowing flood waters totemporarily fill the building to equalize loads andprevent buoyancy.

Floor means the top surface of an enclosed areain a building, including basement, i.e., top of slabin concrete slab construction or top of woodflooring in wood frame construction. The termdoes not include the floor of a garage used forparking vehicles.

Functionally dependent facility means a facilitywhich cannot be used for its intended purpose


unless it is located or carried out in close proximityto water, such as a docking or port facility necessaryfor the loading and unloading of cargo orpassengers, shipbuilding, ship repair or seafoodprocessing facilities. The term does not includelongterm storage, manufacture, sales or serviceentertainment facilities.

Highest adjacent grade [deleted in its entirety]

Historic structure means any structure that is:(1) Listed individually in the National Register

of Historic Places or preliminarilydetermined by the Secretary of the Interior asmeeting the requirements for individuallisting on the National Register of HistoricPlaces;

(2) Certified or preliminarily determined by theSecretary of the Interior as contributing tothe historical significance of a registeredhistoric district or a district preliminarilydetermined by the secretary to qualify as aregistered historic district;

(3) Individually listed on a state inventory ofhistoric places in states with historicpreservation programs which have beenapproved by the Secretary of the Interior; or

(4) Individually Listed on a local inventory ofhistoric places, either individually or as acontributing structure in a historic district,pursuant to ch. 22 of this code. upon thecounty Historic Preservation Ordinancebecoming certified either:a. By an approved state program as

determined by the Secretary of theInterior; or

b. Directly by the Secretary of the Interiorin states without approved programs.

Mangrove stand [deleted in its entirety]

Manufactured home means a structure,transportable in one or more sections, which is builton a permanent chassis and designed to be usedwith or without a permanent foundation whenconnected to the required utilities. This definitionincludes mobile homes, as defined in F.S. §320.01(2), but does not include a recreationalvehicle, as defined in F.S. ch. § 320.01(1).However, a manufactured home is not amanufactured building as defined in F.S. ch. 553,pt. IV is not considered a manufactured home.

Market value of the structure, depending on thecontext, means either:

(1) the value of the building prior to the start ofthe improvement, or

(2) in the case of damage, the value of thebuilding prior to the damage occurring.

Value will be as determined (for the structure only)by the Lee County Property Appraiser or by aprivate appraisal acceptable to the coordinator.

Mean sea level means the average height of thesea for all stages of the tide. It is used as areference for establishing various elevations withinthe floodplain. For purposes of this article, theterm is synonymous with National GeodeticVertical Datum (NGVD) of 1929, or other datum,to which base flood elevations shown on thecounty flood insurance rate map are referenced.

National Geodetic Vertical Datum (NGVD), ascorrected in 1929, is a vertical controlapproximating mean sea level used as a referencefor establishing varying elevations within thefloodplain.

New construction means structures for whichthe start of construction commenced on or afterMay 1, 1990, and includes any subsequentimprovements to such structures.

New manufactured home park or subdivisionmeans a manufactured home park or subdivisionfor which the construction of facilities forservicing the lots on which the manufacturedhomes are to be affixed, including, at a minimum,the installation of utilities, the construction ofstreets, and either final site grading or the pouringof concrete pads, is completed on or after August31, 1984.

Recreational vehicle means a vehicle which is:(1) Built on a single chassis;(2) Five hundred square feet or less when

measured at the largest horizontalprojection;

(3) Designed to be self-propelled orpermanently towable by a light duty truck;and

(4) Designed primarily not for use as apermanent dwelling but as temporary livingquarters for recreational, camping, travel orseasonal use.

This term includes park trailers and similarvehicles, as defined in F.S. ch. 320.

Registered professional architect means anarchitect registered or licensed by the state ofFlorida to practice architecture in the state, or whois authorized by the state to practice architecture inFlorida the state under a reciprocal registration orlicensing agreement with another state.


Registered professional engineer means anengineer registered or licensed by the state ofFlorida to practice engineering in the state, or whois authorized by the state to practice engineering inFlorida the state under a reciprocal registration orlicensing agreement with another state.

Registered professional land surveyor means aland surveyor registered or licensed by the state ofFlorida to practice land surveying in the state, orwho is authorized by the state to practice surveyingin Florida the state under a reciprocal registration orlicensing agreement with another state. This termincludes professional surveyors and mappersregistered by the state of Florida.

Reinforced pier means a system designed andsealed by a state-registered architect or engineerwhich is an integral part of a foundation andanchoring system for the permanent installation of amanufactured home or recreational vehicle, asapplicable, so as to prevent flotation, collapse orlateral movement of the manufactured home orrecreational vehicle due to flood forces. At aminimum, a reinforced pier would have a footingadequate to support the weight of the manufacturedhome or recreational vehicle under saturated soilconditions such as occur during a flood. In areassubject to high-velocity floodwaters and debrisimpact, cast-in-place reinforced concrete piers maybe appropriate. Nothing in this division subsectionshall prevent a design which uses pilings,compacted fill or any other method, as long as theminimum flood and wind standards are met.

Sand dunes means naturally occurringaccumulations of sand in ridges or moundslandward of the beach.

Start of construction [deleted in its entirety]

Structure means a walled and roofed buildingthat is principally above ground, as well as amanufactured home.

Substantial damage means damage of any originsustained by a structure, whereby the cost ofrestoring the structure to its before-damagedcondition would equal or exceed 50 percent of themarket value of the structure before the damageoccurred.

Substantial improvement means any repair,reconstruction, rehabilitation, addition or otherimprovements to a structure, when the cost of theimprovement or repair which equals or exceeds,over a five-year period, a cumulative total of 50

percent of the market value of the structure eitherbefore the start of construction of the improvementor, if the structure has been been damaged and isbeing restored, before the damage occurred. Theisterm “substantial improvement” includes structureswhich have incurred substantial damage,regardless of the actual repair work performed.The term does not, however, include either:

(1) any project for improvement of a structureto correct existing violations of state or localhealth, sanitary or safety code specificationswhich have been identified by the local codeenforcement official and which are theminimum necessary to ensure safe livingconditions; or

(2) costs of nonstructural interior finishings,including, but not limited to, finish flooringand floor coverings, base molding,nonstructural substrates, drywall, plaster,paneling, wall covering, tapestries, windowtreatments, decorative masonry, paint,interior doors, tile, cabinets, moldings andmillwork, decorative metal work, vanities,electrical receptacles, electrical switches,electrical fixtures, intercoms,communications and sound systems,security systems, HVAC grills anddecorative trim, freestanding metalfireplaces, appliances, water closets, tubsand shower enclosures, lavatories, and waterheaters, or roof coverings; or

(3) costs of alterations or improvements whoseexpress purpose is the mitigation of futurestorm damage, provided they do not exceed50 percent of the market value of thestructure over any one-year period;examples of such mitigation include theinstallation of storm shutters or shatterproofglass, strengthening of roof attachments,floors, or walls, and minor floodproofing; or

(4 2) any alteration of a historic structure,provided that the alteration does not causethe structure to lose its historic designation.

Variance means a grant of relief to a personfrom the requirements of this article which permitsconstruction in a manner otherwise prohibited bythis article where specific enforcement wouldresult in unnecessary hardship.

Sec. 6-406. Penalty for violation of article;additional remedies.

(a) Any person violating any provision of thisarticle shall be prosecuted and punished asprovided by § 1-5. [remainder of section deletedin its entirety]


Sec. 6-407. Applicability of article. Lands towhich article applies.

This article shall apply to the entire Town of FortMyers Beach. No structure or land shall be located,extended, converted or structurally altered withoutfull compliance with the terms of this article. allareas of special flood hazard within theunincorporated areas of the county within thejurisdiction of the Board of County Commissioners.These areas have been designated on the floodhazard boundary map (FHBM) on file with thecoordinator and the office of the county departmentof public resources.

Sec. 6-408. Basis for establishing areas of specialflood regulations hazard.

The entire Town of Fort Myers Beach has beendesignated an The areas of special flood hazardidentified by the Federal Emergency ManagementAgency. Their maps illustrating the minimumfederal floodplain regulations as adopted onSeptember 19, 1984, in its flood hazard boundarymap FHBM No. H 12 071 0000, dated October 30,1970, and any all revisions thereto, are adopted byreference and declared to be a part of this article.The flood insurance study for the unincorporatedareas of the county, and any revisions thereto, datedJune 15, 1984, with accompanying flood insurancerate maps, and any revisions thereto, is herebyadopted by reference and declared to be part of thisarticle. These flood insurance rate maps show baseflood elevations and coastal high-hazard areas (Vzones) for the entire town and are available forinspection at town hall and at the Lee CountyAdministration Building, 2115 Second Street, FortMyers, or can be purchased by calling 1-800-358-9616. The individual map panels are numbered asfollows:

General area shown Panel number Latest Bowditch – Donora 125124 0429D 9/20/96Donora – Gulfview 125124 0433B 9/19/84Gulfview – Flamingo 125124 0441B 9/19/84Flamingo – Buccaneer 125124 0442C 7/20/98Buccaneer – Big Carlos 125124 0444D 7/20/98

Sec. 6-409. Reserved. Compliance with article.[deleted in its entirety]

Sec. 6-410. Abrogation; Conflicting provisions.

This article is not intended to repeal, abrogate orimpair any existing easements, covenants or deed

restrictions, or the coastal construction codes forthe county. However, Where this article and anyother part of this code ordinance, regulation orcoastal construction code conflict or overlap,whichever imposes the more stringent restrictionshall prevail.

Sec. 6-411. Reserved. Interpretation of article.[deleted in its entirety]

Sec. 6-412. Warning and disclaimer of liability.

The degree of flood protection required by thisarticle is considered reasonable for regulatorypurposes and is based on scientific and engineeringconsiderations. Larger floods can and will occur onrare occasions. Flood heights may be increased bymanmade or natural causes. This article does notimply that land outside the areas of special floodhazard or uses permitted within such areas will befree from flooding or flood damages. This articleshall not create liability on the part of the towncouncil Board of County Commissioners, or byany officer or employee thereof, for any flooddamages that result from reliance on this article orany administrative decision lawfully madethereunder.


DIVISION 2. ADMINISTRATION

Sec. 6-441. Designation of administrator.

The county Lee County’s flood insurancecoordinator (“coordinator”) is hereby appointed toadminister and implement the provisions of thisarticle on behalf of the Town of Fort MyersBeach..

Sec. 6-442. Reserved. Duties and responsibilitiesof administrator. [deleted in its entirety]

Sec. 6-443. Reserved. Development permitrequired. [deleted in its entirety]

Sec. 6-444. Applications and certifications. fordevelopment permit.

(a) The provisions of this article will beenforced concurrently with review of proposedbuilding permits and development orders. Noseparate application is required. However,Application for a floodplain development permitshall be made to the coordinator, on formsfurnished by him, prior to beginning any


development within any area of special floodhazard, and may include but shall not be limited tothe following: plans in duplicate, drawn to scale,showing the nature, location, dimensions andelevations of the area in question, existing orproposed structures, fill, storage of materials, anddrainage facilities, and their location. Specifically,the following information is required on the planssubmitted for review:

(1) Elevation, in relation to mean sea level, ofthe proposed lowest floor, includingbasement, of all structures;

(2) Elevation in relation to mean sea level towhich any nonresidential structure will befloodproofed; and

(3) A certificate from a registered professionalengineer or architect that the nonresidentialfloodproofed structure meets thefloodproofing criteria in § 18-112(2); 6-472,when dry or wet floodproofing is proposed.

(4) Description of the extent to which anywatercourse will be altered or relocated as aresult of proposed development; and

(5)

(b) A permit holder must submit to thecoordinator a floor elevation or floodproofingcertification after the lowest floor is completed, or,in instances where the structure is subject to theregulations applicable to coastal high-hazard areas,after placement of the horizontal structural membersof the lowest floor.:

(1) Within 21 calendar days of establishment ofthe lowest floor elevation, or floodproofingby whatever construction means, or uponplacement of the horizontal structuralmembers of the lowest floor, whichever isapplicable, it shall be the duty of the permitholder to submit to the coordinator acertification of the elevation of the lowestfloor, floodproofed elevation or the elevationof the lowest portion of the horizontalstructural members of the lowest floor,whichever is applicable, as built, in relationto mean sea level. Such certification shall beprepared by or under the direct supervisionof a registered land surveyor or professionalengineer and certified by a registered landsurveyor or professional engineer.

(2) When floodproofing is utilized for aparticular building, the certification shall beprepared by or under the direct supervisionof a professional engineer or architect andcertified by a professional engineer orarchitect.

(3) Any work done within the 21-day calendarperiod and prior to submission of the

certification shall be at the permit holder’srisk.

(c) The coordinator shall review the floorelevation survey data submitted. Deficienciesdetected by such review shall be corrected by thepermit holder immediately and prior to furtherprogressive work being permitted to proceed.Failure to submit the survey or failure to make thecorrections required by this section shall be causeto issue a stop work order for the project.

Sec. 6-445. Appeals.

(a) The county construction board of adjustmentand appeals established by chapter 6, article II,division 2, shall hear and decide appeals when it isAny affected person may file an appeal allegingthat ed there has been is an error in anyrequirement, decision or determination made bythe coordinator in the enforcement oradministration of this article. Such appeals shall beprocessed and decided in the same manner as forappeals under ch. 34 of this code. [remainder of this section deleted in its entirety]

Sec. 6-446. Variances.

(a) The county construction board of adjustmentand appeals shall hear and is hereby authorized togrant Variances from base flood elevationrequirements may only be granted upon a clearshowing by the applicant that an exceptionalhardship would result from compliance with therequirements. (c) If a variance is granted, thecoordinator shall notify the applicant, in writing,that:

(1) The issuance of a variance to construct astructure below the base flood level willresult in increased premium rates for floodinsurance up to amounts as high as $25.00for $100.00 of insurance coverage; and

(2) Such construction below the base floodlevel increases risks to life and property.

Such notification shall be maintained with a recordof all variance actions.

(b) Variances shall only be granted upon adetermination by the board of adjustment andappeals, based upon competent substantialevidence presented by the applicant, that:

(1) It will not result in increased flood heights,additional threats to public safety orextraordinary public expense, createnuisances, cause fraud on or victimizationof the public, or conflict with existingregulations or ordinances; and


(2) The lot or parcel in question is so small orhas such unusual characteristics that theprescribed standards cannot be met withoutsome relief so as to allow a reasonable use ofthe property.

(b c) Variances shall only be issued upon adetermination that the variance being granted is theminimum necessary, considering the flood hazard,to afford relief.

(d) Variances may be issued by the board ofadjustment and appeals for repair or rehabilitationof historic structures upon a determination that theproposed repair or rehabilitation will not precludethe structure's continued designation as a historicstructure and the variance is the minimum necessaryto preserve the historic character and design of thestructure.

(e) Variances may be issued to allow non-residential buildings other than those alreadyidentified in § 6-472(5) to contain wet-floodproofedspace below the base flood elevation, provided:

(1) the building is not in the coastal high-hazardareas; and

(2) such action is determined to be in the publicinterest.

Any such buildings must meet the technicalstandards for wet floodproofing found in §6-472(5).

(e) An application for a variance from the termsof this article shall be submitted to the coordinatoror his designee on such forms as may be provided.The request for a variance shall be scheduled onagenda of the board of adjustment and appeals.

(f) A variance is a deviation from the exact termsand conditions of this article. Requests for variancesshall be processed and decided in the same manneras for variances under ch. 34 of this code. Thevariance shall be the minimum deviation necessaryto provide relief to the property owner.

(g) In passing upon variance such applications,the town council board of adjustment and appealsshall consider all technical evaluations, all relevantfactors including local and federal policies on floodprotection, all standards specified in this article,and:

(1) The danger that materials may be sweptonto other lands to the injury of others;

(2) The danger to life and property due toflooding or erosion damage;

(3) The susceptibility of the proposed facilityand its contents to flood damage, and the

effect of such damage on the individualowner;

(4) The importance of the services provided bythe proposed facility to the community;

(5) The necessity to the facility of a waterfrontlocation, in the case of a functionallydependent facility;

(6) The availability of alternative locations,not subject to flooding or erosion damage,for the proposed use;

(7) The compatibility of the proposed use withexisting and anticipated development;

(8) The relationship of the proposed use to thecomprehensive plan and floodplainmanagement program for that area;

(9) The safety of access to the property intimes of flood for ordinary and emergencyvehicles;

(10) The expected heights, velocity, duration,rate of rise and sediment transport of thefloodwaters, and the effects of wave action,if applicable, expected at the site; and

(11) The costs of providing governmentalservices during and after flood conditions,including maintenance and repair of publicutilities and facilities such as sewer, gas,electrical and water systems, and streetsand bridges.

(h) Upon consideration of the factors listed insubsection (g) of this section and purposes of thisarticle, the town council board of adjustment andappeals may attach such conditions to the grantingof variances as it deems necessary to further thepurposes of this article.

(i) Any aggrieved person may, within 30calendar days after the decision of the board ofadjustment and appeals, apply to the circuit courtfor relief, but not thereafter, pursuant to the FloridaRules of Appellate Procedure.

(j) The coordinator shall report any variances tothe federal insurance administrator upon request.


DIVISION 3. STANDARDS

Sec. 6-471. General standards.

In all areas of special flood hazard, thefollowing provisions are required:

The following general standards must befollowed within the Town of Fort Myers Beach:

(1) All new construction and substantial


improvements shall be anchored to preventflotation, collapse or lateral movement of thestructure;

(2) Manufactured homes shall be anchored toprevent flotation, collapse or lateralmovement. Methods of anchoring mayinclude but are not limited to use of over-the-top or frame ties to ground anchors. Thisstandard shall be in addition to and consistentwith applicable state requirements forresisting wind forces;

(3) All new construction and substantialimprovements shall be constructed withmaterials and utility equipment resistant toflood damage;

(4) All new construction or substantialimprovements shall be constructed bymethods and practices that minimize flooddamage;

(5) Electrical, heating, ventilation, plumbing andair conditioning equipment and other servicefacilities shall be designed and located so asto prevent water from entering oraccumulating within the components duringconditions of flooding. Utility equipmentshall be exempt from this requirement aslong as the utility company which owns theequipment accepts the sole responsibility forany flood damage to the equipment by filingwritten acceptance of such responsibilitywith the local building director prior toclaiming the exemption;

(6) All new and replacement water supplysystems shall be designed to minimize oreliminate infiltration of floodwaters into thesystem;

(7) New and replacement sanitary sewagesystems shall be designed to minimize oreliminate infiltration of floodwaters into thesystems and discharges from the systems intofloodwaters; and

(8) New and replacement on-site waste disposalsystems shall be located and constructed toavoid impairment to them or contaminationfrom them during flooding; and

(9) Any alteration, repair, reconstruction orimprovement to a structure which is incompliance with the provisions of this articleshall meet the requirements of newconstruction as contained in this article.

Sec. 6-472. Specific standards.

In all areas of special flood hazard where baseflood elevation data has been provided as set forthin this article, the following provisions are required:

The following specific standards must be

followed within the Town of Fort Myers Beach:

(1) Conventional residential construction.New construction or substantialimprovement of any residential structureshall have the lowest floor, includingbasement, elevated to or above the baseflood elevation. This shall apply tomanufactured homes that are to be placed orsubstantially improved on sites in a newmanufactured home park or subdivision, inan expansion of an existing manufacturedhome park or subdivision, in an existingmanufactured home park or subdivision onwhich a manufactured home on that specificsite has incurred substantial damage as aresult of a flood, and outside of amanufactured home park or subdivision.Should solid foundation perimeter walls beused to elevate a structure, openingssufficient to facilitate the unimpededmovements of floodwaters shall be providedin accordance with standards of subsection(5 3) of this section.

(2) Manufactured homes. New or expandedparks or subdivisions for manufacturedhomes are not allowed in the Town of FortMyers Beach. Where zoning allows a.manufactured homes to be placed orsubstantially improved on a site located inan existing manufactured home park orsubdivision, they that are not subject to theprovisions of subsection (1) of this sectionmust be either:a. elevated so that either the lowest floor

of the manufactured home is at or abovethe base flood elevation, or

b. the manufactured home chassis must beis supported by reinforced piers, orother foundation elements of at leastequivalent strength, that are no less than36 inches in height above grade, and themanufactured home shall comply withthe anchoring requirements of § 6-471(2). However, the 36-inchalternative in subsection (2)b. may notbe used if a manufactured home on thatspecific site has incurred substantialdamage as a result of a flood.

(3) Recreational vehicles. New parks orsubdivisions for recreational vehicles arenot allowed in the Town of Fort MyersBeach. Where zoning allows b. recreationalvehicles are not subject to the provisions ofsubsection (1) of this section if to be placed


or substantially improved on a site located inan existing recreational vehicle park, theymust be either: a. placed on the site for fewer than 180

consecutive days and or fully licensedand ready for highway use (a recreationalvehicle is ready for highway use if it ison its wheels or jacking system, isattached to the site only by quick-disconnect type utilities and securitydevices, and has no permanently attachedadditions); or Any recreational vehiclewhich cannot be placed on the sitepursuant to such criteria shall be requiredto comply with subsection (1) of thissection and § 6-471(2) unless or until thecounty becomes an approved communityfor an exception to this rule. If anexception is approved by theadministrator for the National FloodInsurance Program, a recreational vehiclewhich cannot be placed on the sitepursuant to the criteria of this subsectionshall be subject to the provisions setforth in subsection (1) or (1)a of thissection, as applicable, for manufacturedhomes. Proof that an exception has beengranted to the county by theadministrator shall be upon the county’sreceipt of written notice.

b. elevated so that the lowest floor of therecreational vehicle is at or above thebase flood elevation.

(4 2) Nonresidential construction. Newconstruction or substantial improvement ofany commercial, industrial or othernonresidential structure shall either:a. have the lowest floor, including

basement, elevated to or above the baseflood elevation, or,

b. together with attendant utility andsanitary facilities, be dry-floodproofed sothat below the base flood level thestructure is watertight, with wallssubstantially impermeable to the passageof water and with structural componentshaving the capability of resistinghydrostatic and hydrodynamic loads andeffects of buoyancy.(1) Dry-floodproofing up to the base

flood elevation is the preferredalternative for providing sidewalk-level commercial space in the FutureLand Use Map’s PedestrianCommercial category.

(2) A registered professional engineer or

architect shall certify that the dry-floodproofing standards of thissubsection are satisfied. Suchcertification shall be provided tothe coordinator.

(5 3) Elevated buildings. New construction orsubstantial improvements of non-residentialbuildings and elevated residential buildings,may contain space below the base floodelevation that is are usable solely forparking of vehicles, building access, orstorage (except in coastal high-hazard areaswhich are regulated by subsection (7)below). These areas, which may includegarages and fully enclosed areas formed byfoundation and other exterior walls belowthe base flood elevation, shall be wet-floodproofed, designed to preclude finishedliving space, and designed to allow for theentry and exit of floodwaters toautomatically equalize hydrostatic floodforces on exterior walls below the baseflood elevation.a. Designs for complying with this

requirement must either be certified by aprofessional engineer or architect, ormeet the following minimum criteria:1. A minimum of two openings shall

be provided having a total net areaof not less than one square inch forevery square foot of enclosed areasubject to flooding;

2. The bottom of all openings shall beno higher than one foot abovegrade; and

3. Openings may be equipped withscreens, louvers, valves or othercoverings or devices provided theypermit the automatic flow offloodwaters in both directions.

b. Electrical, plumbing and other utilityconnections are prohibited below thebase flood elevation.

c. Access to the enclosed area shall be theminimum necessary to allow for parkingof vehicles (garage door) or limitedstorage of maintenance equipment usedin connection with the premises(standard exterior door) or entry to theliving area (stairway or elevator).

d. The interior portion of such enclosedarea shall not be partitioned or finishedinto separate habitable rooms.

e. All structural and non-structuralcomponents must be constructed ofmaterials that are durable, resistant to


flood forces, and resistant todeterioration caused by repeatedinundation by flood water.

f. These provisions apply to space belowthe base flood elevation to be used forparking, building access, or storage.Other uses proposed for wet-floodproofed space may be approved byvariance as provided in § 6-446(e), andmay include functionally dependentfacilities, historic buildings, and utilitystructures.

(4) Floodways. [deleted in its entirety]

(6 5) Accessory structures. Accessory structuresmay be exempted from meeting the elevationrequirements only if:a. The structure is securely anchored to

resist flotation or lateral movement; andb. The total cost of the structure does not

exceed $8,000.00 $16,000 or 10% of thevalue of the principal building,whichever is greater; and

c. The structure is used exclusively fornonhabitable recreational, security orstorage purposes; and

d. All electrical or heating equipment iselevated above the base flood elevationor floodproofed; and

e. For accessory structures located incoastal high-hazard zones (V zones),breakaway walls are used below the baseflood elevation; or

f. The accessory structure is exempt fromelevation pursuant to subsection (1) ofthis section.

(7 6) Coastal high-hazard areas (V zones).Certain Located within the areas of the townspecial flood hazard as designated in thisarticle are areas designated as coastal high-hazard areas. These areas (V zones) becausethey have special flood hazards associatedwith wave wash; therefore. In V zones, thefollowing additional provisions shall apply:a. All new construction shall be located

landward of the reach of the mean hightide line.

b. All new construction and substantialimprovements shall be elevated so thatthe lowest supporting horizontal member,excluding pilings or columns, is locatedat or above the base flood elevation level,with all space below the lowestsupporting member open so as not toimpede the flow of water. Breakaway

walls may be permitted and must bedesigned to wash away in the event ofabnormal wave action in accordancewith subsection (6)h of this section.

c. All new construction and substantialimprovements shall be securelyanchored on pilings or columns.

d. All pilings and columns and theattached structures shall be anchored toresist flotation, collapse and lateralmovement due to the effect of wind andwater loads acting simultaneously on allbuilding components. The anchoringand support system shall be designedwith wind and water loading valueswhich equal or exceed the 100-yearmean recurrence interval (one percentannual chance flood).

e. Compliance with the provisionscontained in subsections (7 6)b, c and dof this section shall be certified by aprofessional engineer or architect.

f. There shall be no fill used as structuralsupport.

g. There shall be no damage to existingalteration of sand dunes or mangrovestands which would increase potentialflood damage.

h. Nonsupporting breakaway walls,latticework or decorative screening shallbe allowed below the base floodelevation provided it is not part of thestructural support of the building and isdesigned so as to break away, underabnormally high tides or wave action,without damage to the structuralintegrity of the building on which it is tobe used, and provided the followingdesign specifications are met:1. Design safe loading resistance of

each wall shall be not less than tenand not more than 20 pounds persquare foot; or

2. If more than 20 pounds per squarefoot, a registered professionalengineer or architect shall certifythat the design wall collapse wouldresult from a water load less thanthat which would occur during thebase flood event, and the elevatedportion of the building andsupporting foundation system shallnot be subject to collapse,displacement or other structuraldamage due to the effects of windand water loads actingsimultaneously on all building


components during the base flood event. Waterloading values to be used in this determination shalleach have a one percent chance of being equaled orexceeded in any given year (100-year meanrecurrence interval). Wind loading values shall bethose required by local and state law.

i. If breakaway walls are utilized, suchenclosed space shall not be used forhuman habitation, but shall be designedto be used only for parking of vehicles,building access or limited storage ofmaintenance equipment used inconnection with the premises.

j. Prior to construction, plans for anystructure that will have breakaway wallsmust be submitted to the coordinator forapproval.

k. Any alteration, repair, reconstruction orimprovement to a structure shall notenclose the space below the lowest floorexcept with breakaway walls, asprovided for in subsections (7 6)h and iof this section.

l. The placement of manufactured homes orrecreational vehicles is prohibited, exceptin an existing manufactured home orrecreational vehicle park or subdivision.A replacement manufactured home orrecreational vehicle may be placed on alot in an existing manufactured home orrecreational vehicle park or subdivision,provided the mobility anchoringstandards of § 6-472(3)a. 6-471(2) andthe elevation standards of subsection (1)aor b of this section, as applicable, aremet. New or expanded manufacturedhome or recreational vehicle parks orsubdivisions are prohibited until suchtime, if ever, that Lee Plan policy 80.1.2is amended or repealed so as to allowsuch new or expanded manufacturedhome or recreational vehicledevelopment.

Sec. 6-473. Standards for streams withoutestablished base flood elevations or floodways. [deleted in its entirety]

Sec. 6-473. Repeated damage by flooding.

Buildings previously damaged by flooding,evidenced by one or more flood losses greater than$1,000 paid by the National Flood InsuranceProgram between 1978 and 1998, shall be broughtinto compliance with the standards in this article ifthey are flooded again and claim a flood lossgreaterthan $5,000.

Sec. 6-474. Standards for subdivision proposals.

(a) All subdivision proposals shall be consistentwith the need to minimize flood damage.

(b) All subdivision proposals shall have publicutilities and facilities such as sewers, electrical andwater systems located and constructed to minimizeflood damage.

(c) All subdivision proposals shall haveadequate drainage provided to reduce exposure toflood hazards.

(d) Base flood elevation data shall be providedfor all subdivision and development proposals andother proposed development which is greater thanthe lesser of 50 lots or five acres.

Sec. 6-475. Standards for areas of shallowflooding. [deleted in its entirety]

ARTICLE V. HOUSING STANDARDS

[deleted in its entirety, as this article is aduplication of article 1, division 2 of this chapter]

ARTICLE VI.UNIFORM FIRE CODE[moved to article II, division 9]

CHAPTERS 7--9 RESERVED

exhibit a proposed fort myers beach land...

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