During this year’s Florida Legislative Special Session, important new building construction standards became state law. This has been a priority for state and local governments in the wake of the tragic Surfside, FL condominium building collapse one year ago.

Florida Statutes 553.899 now requires milestone inspections after 30 years for every structure three stories or more, and for buildings within 3 miles of a coastline, at 25 years, then every 10 years thereafter. If a building has a certificate of occupancy issued on or before July 1, 1992, the initial milestone inspection must occur before December 31, 2024.

Milestone inspections consist of two phases. The first phase is a cursory visual examination by a licensed architect or engineer. If the visual examination finds evidence of “substantial structural deterioration,” which is defined as structural distress that negatively affects a building’s general structural condition and integrity, then a more extensive second phase inspection is required. The second phase may include destructive investigation. Substantial structural deterioration does not necessarily include surface imperfections, cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the inspecting engineer or architect determines it is a sign of a more significant problem.

The County or the local government having jurisdiction will notify building associations in writing of the inspection requirements, and the associations must distribute the results of the inspections to each owner. Associations are required to identify all structures on their property that are three stories or higher in a report to the State Division of Corporations. Additionally, the law mandates associations to complete a structural integrity reserve study by December 31, 2024, and every 10 years thereafter.

The structural integrity reserve study must include a review of the structural integrity and safety of the building related to the roof, primary structural members, floor, foundation, fire protection, plumbing, electrical, waterproofing, and windows. The new law prohibits any waiver or reduction of reserves for required building elements in the study.

Palm Beach County Building Officials are working with the League of Cities on a countywide ordinance that will include the new Florida Building Code provisions along with timelines and penalties regarding compliance. The ordinance will set the schedule for commencement of repairs to occur within 365 days of receipt of a report of substantial structural deterioration.

The Florida Building Commission will work with the State Fire Marshal and report back with comprehensive structural and life safety standards for all buildings and structures statewide that are three stories or more in height by December 31, 2023.

These are critical considerations in protecting public safety and our quality of life, as well as our property values. I am encouraged by the passage of this law by the Legislature and I look forward to finalizing the local ordinance to implement the new standards.

Let me know how I can assist you by contacting my office at (561) 355-2201, or by email at mmarino@pbcgov.org.