The Milestone Inspection Florida Statute

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The Florida legislature passed a law that requires condominiums and residential cooperative (co-op) associations to conduct structural inspections known as milestone inspections. These structural inspections are to occur when a building reaches 30 years of age.

The inspections are to be conducted in two phases. During phase one, an inspector is to perform a visual examination of both habitable and nonhabitable areas of the building.

Phase One Inspection

The state of Florida has enacted laws requiring condominium and co-op buildings three or more stories tall to undergo structural inspections and prepare and fund structural integrity reserve studies. Failure to complete these inspections and progress with required repairs may lead to DBPR and local enforcement agency review of the building to determine if it is safe for continued occupancy. This review will consider a range of factors including the general condition of the structure, repair needs, deferred maintenance and, most importantly, the presence of substantial structural deterioration.

The first step in the milestone inspection is a visual examination of habitable and non-habitable areas of the building, and its major structural components, to provide a qualitative assessment of their conditions.

The Milestone Inspection Florida Statute

A licensed architect or engineer must conduct this initial phase of the inspection.

During the inspection, the architect or engineer will gather information from multiple sources, including reviewing readily available government environmental records (fuel tank registrations, hazardous material manifests), and conducting interviews with current and former property occupants. The resulting report will include the results of the visual inspection, identification and description of any existing significant deterioration, and recommendations for future maintenance and repair.

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Once the inspector has completed the phase one inspection, he or she must submit a copy of the report to the owner and the local enforcement agency via e-mail, United States Postal Service or commercial delivery service. The owner must also distribute the report and inspector-prepared summary to the unit owners; post a copy of the full report in a conspicuous place on the property, and publish a summary version of the inspection report online.

Phase Two Inspection

A Phase Two Inspection is a detailed examination of the building, including materials testing, probing or removal of finishes, and non-destructive tests. Typically, this inspection identifies the presence of substantial structural deterioration that adversely affects a building’s overall condition or life safety of its occupants. It also specifies any necessary maintenance, repair or replacement of structural components.

During the Phase Two Inspection, the design professional will evaluate the foundation, load-bearing walls, shear walls (walls that resist lateral forces crucial for stability), roof deck and balconies. This inspection must include a visual examination by the design professional of all accessible areas of the building. The report must indicate whether there is evidence of substantial structural deterioration and describe the extent of the deterioration. It must also include a statement identifying any unsafe or dangerous conditions observed during the Phase Two Inspection.

The owner of the building and its condominium or cooperative association must share responsibility for arranging milestone inspections. A local 

The Milestone Inspection Florida Statute

 

enforcement agency may extend the deadline for a building’s initial milestone inspection upon a showing that an architect or engineer is under contract to perform the inspection and that it cannot reasonably be completed before the deadline. It must also be demonstrated that the owners have a reasonable plan for proceeding with the inspection within 365 days of receiving the Phase Two Inspection report.

Notice to Owners

If a building hits the 30-year mark, its structural integrity becomes vulnerable and may be compromised. To address this, Florida has implemented a new milestone inspection law.

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The milestone inspection law requires any condominium or cooperative building three stories or more in height to undergo a two-phased structural inspection. The first phase involves a visual examination by a licensed architect or engineer who assesses both the habitable and non-habitable areas of the structure. The second phase is required if the first inspection shows evidence of substantial structural deterioration.

Once the results of a milestone inspection are known, it is the responsibility of an association to notify its unit owners of the inspection and the date of their next inspection. The association must provide the notice by mail, hand delivery, or email (if the unit owners have consented to receive electronic communication).

It is important to note that local governments have their own specialized requirements and inspection mandates. This is why it’s best to consult the jurisdiction’s official website to better understand these nuances and specifics.

It is also important to note that, based on local circumstances, the state’s local enforcement agencies may determine that a building should be inspected sooner than the mandated timeline. Additionally, if the building fails to undertake the necessary repairs identified by the inspector within 365 days of receiving the report, the local enforcement agency may review the situation and determine whether it is safe for occupancy.

The Milestone Inspection Florida Statute

Reports

As a Condominium Association or Cooperative in Florida, you must ensure that your building is safe for its residents and adheres to all legal standards. Milestone inspections are a critical component of this effort, as they help identify potential issues that could threaten the structural integrity of your property.

As the name suggests, milestone inspections are conducted at key points in a building’s lifecycle. Those inspections include initial construction, the transition from developer to owner control, periodic evaluations, and significant renovations. The responsibility for arranging the inspections falls on the condominium association and any owners of portions of the building not under condominium or cooperative ownership.

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A professional engineer conducts the inspection, submitting a report to the town and unit owners. These reports are designed to identify any signs of substantial structural deterioration and recommend corrective measures. This prevents minor problems from escalating into major structural and safety concerns.

When executing SIRS and milestone inspections, it is essential to work with qualified professionals. Choosing one company that specializes in both services will streamline the process and provide you with greater confidence that the assessments are performed by experts. Working with an experienced company also means that both the Milestone and Reserve Study will be based on the same criteria, which will result in more accurate and consistent assessments.

Choosing the Right Inspection Service

Selecting a building inspection service is not unlike choosing a healthcare provider for your property. It requires due diligence and consideration. Look for qualifications and certifications as indicators of expertise and industry knowledge. Reputation and reviews serve as a litmus test of service quality, offering insights into the experiences of previous clients. Furthermore, seek out inspection services that offer customized solutions, tailoring their approach to meet the unique needs of your property.

Common Issues Uncovered During Inspections

Structural issues, electrical problems, and plumbing concerns form the trinity of potential property headaches. Building inspections serve as the torchbearer, uncovering these issues and enabling proactive measures to address potential disasters, ensure safety and compliance, and prevent water damage risks.

The Impact of Building Inspections on Property Value

The Milestone Inspection Florida Statute

Beyond the realms of safety, building inspections have a tangible impact on property value. A well-maintained property becomes a gem in the real estate market, attracting potential buyers with its appeal. Transparency in transactions, facilitated by thorough inspections, builds trust and confidence in real estate dealings, creating a win-win situation for both buyers and sellers.

The Role of Building Inspections in Construction

Building inspections aren’t confined to existing properties; they play a vital role in the construction realm as well. Compliance checks ensure that construction adheres to established codes and regulations, safeguarding the structural integrity of the newly built edifice. Quality control, maintained through rigorous inspections, sets the bar high for the construction industry, ensuring that the structures erected meet and exceed expectations.

Florida Milestone Inspection Statute FAQs

The regulations for milestone inspections in Florida are typically outlined in the Florida Building Code, which incorporates various national and international building codes.

The Florida Building Code establishes the standards for construction, including milestone inspections, to ensure the safety and well-being of occupants and the public.

The Florida Building Code mandates milestone inspections at crucial phases of construction, such as foundation, framing, electrical, plumbing, and before final occupancy.

Trained and certified inspectors, usually employed by the local building department or authorized agencies, are responsible for conducting milestone inspections in accordance with Florida law.

Florida regulations typically mandate assessments of structural integrity, compliance with building codes, safety measures, and proper installation of electrical and plumbing systems.

Conclusion

Milestone Inspection Statute” in Florida, milestone inspections are typically governed by the Florida Building Code. This regulatory framework establishes standards for construction projects, mandating inspections at key phases to ensure compliance with safety, structural, and code requirements. Stakeholders should refer to the latest version of the Florida Building Code and consult with local authorities for the most accurate and up-to-date information on milestone inspections in the state.

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