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FLORIDA’S NEW BUILDING RECERTIFICATION LAW

Understanding Florida’s New Building Recertification Law: Key Impacts for Miami-Dade Hotels, Commercial Buildings, and Condos

Florida’s landscape is marked by its thriving tourism industry, bustling economy, and iconic skyline of hotels, commercial buildings, and high-rise condominiums. While these structures symbolize growth and prosperity, they also come with the critical responsibility of ensuring the safety and longevity of their occupants. To address this, Florida has implemented more stringent recertification requirements for buildings once they reach 30 years of age, covering all types of structures, including hotels and commercial properties.

At Kline Engineering, with over a decade of experience in structural safety inspections and complex repair projects across Florida, we understand property owners' challenges in navigating these new regulations. Our expert local team is here to guide you through the milestone inspection and recertification process, ensuring that your property meets all compliance requirements and remains safe for occupancy.

A Quick Recap of the Ordinance Rules

In May 2022, Florida enacted a new state law requiring milestone inspections for condominium and cooperative association buildings that are three stories or taller. This update significantly strengthens Miami-Dade County’s longstanding building recertification program, which has been in place since 1975 and was further revised on June 1, 2022, to align with state mandates.

Who Needs a Milestone Inspection?

1. Coastal Buildings and Recertification Deadlines:

  • Buildings constructed on or before 1982, already recertified under the 40-Year Program, will continue to follow their established schedule.

  • Buildings 30 years old by December 31, 2024, must undergo their first recertification inspection, with follow-ups every 10 years.

  • Buildings within three miles of the coastline and aged 25 by December 31, 2024, must also comply with inspections every 10 years thereafter.

2. Expanded Scope of Inspections:

  • The recertification process now requires a more comprehensive evaluation of structural and electrical systems, paying particular attention to vulnerable areas like underground parking garages, which are especially prone to issues in Miami-Dade’s coastal environment.

The Recertification Process

Under the new regulations, properties become subject to recertification every 30 years or every 25 years if the building is within 25 miles of a coastline, followed by a recertification every 10 years thereafter. Property owners receive a Notice of Required Recertification to start the process and must submit their recertification reports within 90 days of receiving the notice.

Specific residences, such as single-family homes, duplexes, and buildings with fewer than 10 occupants or less than 2,000 square feet, are exempt from this process.

Upon receiving the notice, property owners must hire a Florida-registered professional engineer or architect to conduct a thorough inspection and certify that the building is structurally and electrically safe for continued occupancy. This professional must have proven qualifications in the relevant technical field related to the inspection.

What Property Owners Should Know

The new regulations underscore the importance of proactive maintenance and early intervention. For property owners, particularly those managing older or coastal buildings, it’s crucial to prioritize these inspections to avoid fines and, more importantly, to ensure the safety of your occupants. The December 31, 2024, deadline is crucial for those managing coastal properties built between 1983 and 1997.

Proactive maintenance not only helps you meet these new legal requirements but also preserves property value and ensures the safety and well-being of residents. Well-maintained buildings will typically find the recertification process straightforward, while those with deferred maintenance may face significant challenges in terms of time and financial investment.

The Scope of Recertification Inspections

Recertification inspections encompass a wide range of critical building components, including:

  • Structural Integrity: Foundation, masonry bearing walls, main structural elements (columns, beams, slabs), wall, floor, roof framing systems, and the building façade.

  • Electrical Systems: Comprehensive assessment to ensure compliance with safety standards.

  • Fire Safety Measures, Accessibility Standards, and Parking Lot Safety are essential to ensuring buildings remain functional, safe, and resilient in Florida’s challenging environment.

These inspections are crucial for identifying deficiencies and recommending corrective actions to address potential hazards.

The Two-Phase Milestone Inspection Process

Phase One Inspection:

A licensed architect or engineer visually examines the building’s habitable and non-habitable areas to assess its structural condition. A Phase Two inspection is unnecessary if no significant structural deterioration is detected and the inspection report is submitted.

Phase Two Inspection:

A more detailed Phase Two inspection is required if substantial structural deterioration is identified in Phase One. This may involve both destructive and non-destructive testing to assess the issues thoroughly, confirm the building’s structural integrity, and recommend necessary repairs. An inspection report is submitted after the completion of this phase.

Who Can Perform a Recertification Inspection?

  • Buildings 3 stories or less (or under 50 feet): Can be inspected by any Florida licensed architect or Structural engineer.

  • Buildings 4 stories or taller (or threshold buildings): Must be inspected by a Florida licensed structural engineer and electrical engineer required for the electrical system.

Partner with Kline Engineering

Navigating Florida’s new building recertification law requires expertise and diligence. At Kline Engineering, we guide you through every step of the structural integrity milestone inspection process, ensuring your property remains compliant and safe. Whether you manage a hotel, commercial building, or high-rise condominium, our team of seasoned professionals is ready to provide the guidance and support you need.

For more detailed information on Miami-Dade’s recertification program or to schedule an inspection, contact Kline Engineering today. Let’s work together to keep your property safe, compliant, and secure.