Florida Milestone Inspection Requirements For Condominium Buildings
Condominium and co-op buildings in Florida that are 30 years old or older, or within three miles of a coastline, must undergo a milestone inspection. This is an inspection conducted by a licensed engineer or architect.
This inspection focuses on the structural safety of a building. It includes examining the foundation, shear walls (designed to withstand lateral forces), and roof decks.
Phase 1 Inspection
The legislation surrounding milestone inspections is constantly evolving. This is because many local governments, including individual counties and municipalities, have their own laws, regulations, and guidelines that intersect with the state requirements. As a result, it is important to remain updated on the nuances of these “glitch bills” to ensure your organization’s compliance with them.
The first stage of a milestone inspection is a visual examination of the building’s structure. This includes inspection of load-bearing walls, which are responsible for supporting the building’s weight, shear walls designed to withstand lateral forces, and roof decks. The inspector should also examine the building’s foundation and look for signs of damage or deterioration.
Depending on the findings of the phase one inspection, a phase two inspection may be required. This phase of the inspection involves destructive testing and other means at the inspector’s direction in order to confirm whether or not the building is structurally sound and safe for its intended use, and to recommend a program for assessing and repairing distressed portions of the building.
Once the milestone inspection report is complete, the association must provide a copy of the report to each unit owner by mail or by hand delivery (or email to unit owners who have consented to receive notification electronically). The association must also post an inspector-prepared summary on its website.
Phase 2 Inspection
This phase of the inspection must be performed by a Florida licensed engineer or architect and is intended to perform a thorough assessment of the structural condition of buildings identified as having substantial structural deterioration during the previous Phase 1 Milestone Inspection. It includes a visual examination of the building and its components, including the load bearing walls and primary structural components and systems. The engineer or architect must make a determination of any necessary maintenance, repair or replacement of the building’s structural components. Local enforcement agencies will determine which buildings require this second phase and must notify the association within 180 days of receipt of the report submitted for Phase 1.
The condominium or cooperative association and any owner who does not own a unit in the condo/cooperative are jointly responsible for the cost of the milestone inspection study for the portions of the building that they each own and maintain under their respective governing documents. Local enforcement agencies may extend the date by which the milestone inspection study is due upon a showing of good cause.
As with the Phase 1 Milestone Inspection, it is recommended that associations get started NOW on this process to avoid the “shot clock” of the statute. We are sure that the current legislative session will result in a number of changes to the Statute, such as clarifying that only a Florida licensed engineer or architect can perform the Phase 2 inspection, which is intended to be a more thorough evaluation of the structural condition of buildings with substantial deterioration that are found in the Phase 1 Milestone Inspection.
Phase 3 Inspection
In Florida, all buildings reaching 30 years of age – based on the date of the building’s certificate of occupancy – must undergo milestone inspections. Unlike other types of building safety inspections, milestone inspections focus on structural integrity and only look at the conditions of the structure.
During the Phase 1 Inspection, a licensed engineer or architect will conduct a visual examination of habitable and non-habitable areas, including the major structural components of the building, and provide a qualitative assessment of the structural conditions. If the architect or engineer finds no evidence of “Substantial Structural Deterioration,” a Phase 2 Inspection is not required.
A Phase 2 inspection is a more comprehensive study that can involve destructive and nondestructive testing at the inspector’s discretion. It must be performed by a licensed architect or engineer and conducted at the request of the local enforcement agency. This inspection may be accompanied by a geotechnical investigation and an environmental site assessment (ESA). A Phase 2 ESA involves research on the property including review of past use, government and insurance databases, onsite visits, site reconnaissance, and historical records such as maps and photographs.
Once completed, the milestone report must be submitted to the local enforcement agency. The association must also distribute a copy of the inspector prepared summary to all condominium unit owners; post a copy in a conspicuous place on the property; and publish the full report on the association’s website, if the association has one. If the report recommends action, the association must begin repairs within 365 days of the report’s date. Failure to comply can result in the loss of a certificate of occupancy and the imposition of fines.
Phase 4 Inspection
This phase is a comprehensive inspection conducted by a licensed engineer or architect. It includes a visual examination of the primary structural members and systems of the building and identifies any substantial structural deterioration that adversely affects the safety or life-safety of the building’s occupants. It also states whether unsafe or dangerous conditions were observed and includes recommendations for necessary maintenance, repair or replacement of structural components. This phase is required if there is evidence of substantial deterioration found during the initial milestone inspection.
The final milestone inspection requires that a Florida licensed engineer or architect conduct a reserve study to determine the estimated useful like of each common element inspected, the costs for its repair or replacement, and recommend an annual reserve amount to handle these expenses going forward. This reserve study must be prepared by a Florida licensed engineer or architect, and must be kept for 15 years. Associations must keep the reserves in a separate account that is not commingled with other association funds, and they must make sure the reserve amounts are used for the purpose they were intended.
Florida’s Senate Bill 154 cements a new era of accountability and safety for condominium and cooperative association buildings. The legislation emphasizes building safety inspections and requires associations to fund sufficient reserves for the maintenance of structural integrity. It also provides for more transparency for the public and increases rights of property owners to access information on the condition of a building. Moreover, it sets strict deadlines for associations to initiate and complete their phase one milestone inspections.
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FAQs
Milestone inspections in Florida are systematic evaluations conducted at crucial stages of construction to ensure compliance with state building codes, safety standards, and regulatory requirements.
Milestone inspections are typically required at significant construction phases, including foundation completion, framing, electrical, plumbing, and before final occupancy, as per Florida building regulations.
Trained inspectors from the local building department or authorized agencies in Florida conduct milestone inspections to verify compliance with building codes and regulations.
Milestone inspections assess criteria such as structural integrity, safety measures, proper installation of electrical and plumbing systems, and overall compliance with the approved construction plans.
Yes, milestone inspections in Florida must adhere to the Florida Building Code, encompassing various codes such as building, residential, existing building, energy conservation, plumbing, mechanical, fuel gas, and accessibility.
Conclusion
In conclusion, Florida’s milestone inspection requirements play a pivotal role in ensuring the safety, integrity, and compliance of construction projects with state building codes. These inspections, conducted by trained professionals, occur at key phases of construction, covering structural, electrical, plumbing, and safety aspects. Stakeholders are encouraged to actively engage in the inspection process, address identified issues promptly, and collaborate with inspectors to meet Florida’s stringent building regulations, ultimately contributing to the overall quality and safety of construction projects in the state.
Adhering to recertification timelines is not merely a legal obligation but a proactive investment in the well-being of the community and the value of individual properties. By embracing technology, staying informed about best practices, and fostering a culture of safety, Boca Raton sets the stage for a future where buildings are not just structures but living, evolving entities that contribute positively to the community.