Inspections find 12 of 21 houses out of compliance for mechanical equipment

A random city inspection of pool and air conditioning equipment in Naples involving 21 properties turned up 12 out of compliance. But after much debate over whether to ban mechanical equipment in sideyard setbacks, City Council last week opted to ask the Planning Advisory Board to review changes over the summer.

The random check occurred recently after residents and contractors maintained that Naples hasn't enforced setback or height limitations for mechanical equipment for years. In addition, pool contractors contend equipment for Naples' favored large pools are over the 30-inch height restriction for sideyard setbacks and compliance is impossible.

Section 110-54 of the city's code of ordinances addresses sideyard setbacks. For example, if a sideyard is 7½ feet, there is a 3-foot setback area where equipment can be placed. The code allows only air conditioning compressors and certain architectural features to intrude on that setback if equipment is more than 30 inches high. Equipment lower than 30 inches may extend to the property line. Most generators and pool equipment, however, exceed 30 inches and most homeowners elevate generators to prevent damage during storms.

No matter what the size, council has been considering barring generators in the setback area due to noise and fumes.

Several residents continued to push for changes last week. Dorothy Hirsch, who has led the citizen group working with city officials since fall, reiterated complaints about a large house being built across the street from her Regatta Road home in The Moorings.

"We have been issuing COs to homes that are out of code," Hirsch said, referring to certificates of occupancy. "The law is the law. So the issue again is code enforcement."

Hirsch urged city officials to bar equipment from sideyard setbacks, suggesting it's safer because it won't block emergency workers from accessing homes. Another Regatta Road resident, Charles Glisson, who has complained about the same home's noisy pool equipment keeping him and his wife awake, also urged prohibition of equipment in the side setbacks.

"We've got to do something about noise abatement," Glisson told council. "With all this equipment, it's almost like an industrial situation."

And city watchdog Henry Kennedy pointed out many homeowners build right to the side setback line, leaving little room for equipment. "You can install all the equipment you want, but it's still noisy," Kennedy said. "You can hear them."

In a report detailing the random checks, Paul Bollenback, the city's deputy building official, said inspectors chose one street from four different neighborhoods without respect to a home's age, with some dating to 1977. Additional houses were added to ensure the sample included homes completed this year. Inspectors found all except three air conditioning compressors met the current code limitations, and in 11 instances, pool equipment exceeded the height restriction; four homes didn't have pools.

However, the report says, the noncompliant pool equipment usually was within 36 inches of the building envelope — the home's footprint, meaning it was an allowable encroachment.

At the request of Community Development Director Robin Singer, Bollenback contacted several municipalities to determine how they handle the installation of air conditioning units, pool equipment and generators in yards. He found setback requirements varied, even within municipalities he contacted — Longboat Key, Sarasota, Key Biscayne, Jupiter, and Broward and Collier counties.

"Most other communities, specifically in their ordinances, did not refer to air conditioning compressors, but mechanical equipment," Bollenback told council Monday. "That was startling."

Unlike Naples, which doesn't allow equipment to exceed 60 decibels before a CO is issued, Bollenback said most communities treated noise as an afterthought.

However, he said communities typically require shielding to hide equipment and reduce noise. Bollenback said homeowners could place pads underneath equipment, jackets, shrubbery or other shielding around them to bring them into compliance.

Police Chief Steve Moore said homeowners still complain even if noise is brought within compliance. Bollenback agreed, noting, "I found that at 59 decibels, the equipment is legal but it doesn't sound much different than 61 to the person living next door."

Council appeared headed toward a vote after a lengthy debate over whether to ban equipment in side setbacks. "There are a lot of people building houses in town who have no intention of living in them and don't really care about people next door," Councilwoman Penny Taylor said.

Councilman Bill Willkomm suggested either installing within the building envelope or increasing sideyard setbacks. Councilman John Sorey visited the home Glisson and Hirsch complained about and called it "out of scale with the lot." Sorey said too many homeowners are building huge homes, leaving little room between structures.

"I think this is an opportunity to make a real change," Sorey said, pointing out that some builders are now opting to move equipment out of the setback for aesthetic reasons.

But Councilman Gary Price said there wasn't any proof showing equipment within the envelope was quieter. Councilman William MacIlvaine disagreed, saying Naples' "maxi houses" need maxi equipment and installing them outside the envelope was "totally obnoxious."

Bollenback recommended the PAB consider the following changes this summer: adding pool equipment to the section involving air conditioning compressors; increasing the allowable encroachment from 36 inches to 42- or 48 inches to accommodate new equipment; and requiring equipment be shielded from view from front and adjacent sideyards by installing shields, such as walls, fences, lattice work, and shrubbery.

Bollenback said his staff is working on more recommendations that the PAB will review. Council will look at the suggestions after summer break ends in late August, when Hirsch said she plans to return to continue pushing for improvements.