The Florida Legislature recently established new laws (FS. 553.899 https://m.flsenate.gov/Statutes/553.899) requiring periodic building inspections of condominiums, cooperatives, and apartment buildings with three or more stories based upon their date of construction.

The law requires every condominium or cooperative to have a "milestone inspection" done for each building that is 3 stories or more by December 31st of the year in which the building reaches 30 years of age and every 10 years thereafter. If the building is located within 3 miles of a coastline, the inspection must be performed by December 31 of the year in which the building reaches 25 years of age and every 10 years thereafter. 

Step 1: State

The law requires your association to file the following information with the Department of Business and Professional Regulation’s Division (Division) of Condominiums, Timeshares, and Mobile Homes by January 1, 2023:

·       The number of buildings on the condominium or cooperative property that are three          stories or higher in height;

·       The total number of units in all such buildings;

·       The addresses of all such buildings;

·       The counties in which all such buildings are located.

All condominium and cooperative associations must submit the required information to the Division regardless of whether there are any buildings in the condominium or cooperative that are three or more stories. Use the Florida Division QR Code to visit the Division’s website and report the required information: http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/building-report/.

Step 2: Notification 

Eligible structure(s) are required to undergo a Phase I Milestone Inspection within 180 days of receipt of notice. A milestone inspection is a structural inspection performed by an architect licensed under Chapter 481 or an engineer licensed under Chapter 471 authorized to practice in this state to attest to the life safety and adequacy of the structural components of the building and determine the general structural condition of the building.

Step 3: Milestone Inspection Report(s) 

During Phase One of the milestone inspection, a licensed architect or engineer authorized to practice in Florida will visually examine the habitable and non-habitable areas of a building, including its major structural components, and provide an assessment of the structural condition of the building. If the architect or engineer finds no signs of substantial structural deterioration, phase two of the inspection is not required. To complete phase one, the licensed engineer or architect who performed the inspection must submit the inspection report to the appropriate local government agency. 

Phase Two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection will prepare and submit an inspection report.

Once a phase one or phase two milestone inspection is completed, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with the following:

A separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, to any other owner of any portion of the building that is not owned by the condominium or cooperative association, and to the building official of the appropriate local government. 

The inspection report must, at a minimum:

        -Indicate the manner and type of inspection

        -Identify any substantial structural deterioration, describe how severe the                     deterioration is, and identify any recommended repairs.   

        -State whether unsafe or dangerous conditions, as defined in the Florida Building     Code, were observed. 

        -Recommend any remedial or preventive repair for any items that are damaged but   are not substantial structural deterioration. 

        -Identify and describe any items requiring further inspection.

The inspection report and findings must be submitted to the City of Delray Beach Building Division via the ePlans online permitting portal. Use the ePlans QR Code to visit https://weblink.mydelraybeach.com/forms/BLDG_RPT.

Step 3: Required Repairs or Modifications

If repairs or modifications are found to be necessary as a result of the milestone inspection, the building owner shall have a total of 180 days from the date of the building milestone inspection report, unless otherwise permitted by the Building Official, in which to complete required repairs and correct the structural deficiencies. All applicable requirements of this code shall be followed with all applicable permits obtained. If an owner or association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in the inspection report within the required timeframe, the structure may be deemed to be unsafe and unfit for occupation. Such findings shall be reviewed by the Building Official and shall be sent to the Special Magistrate, Code Enforcement Board, or Unsafe Structures Board, as appropriate. Such finding may also be reported as a complaint to the Department of Business and Professional Regulation Division of Condominiums, Timeshares, and Mobile Homes.

Once a permit is obtained for all necessary repairs or modifications from the local building department, which has jurisdiction, the Florida Building Code shall govern time restraints for such permits, or in accordance with a more restrictive timeframe as directed by the design professional.

For corrective action of deficiencies that cannot be commenced within 180 days, the time frame may be extended an additional 185 days not to exceed a total of 365 days when a time frame is specified by the architect or engineer responsible for the Milestone Inspection or the Architect or Engineer of Record for the repairs and approved by the Building Official. Such extensions shall be contingent on maintaining an active building permit as specified in Section 105.3.2 of the Florida Building Code, Building.

The building official may issue an extension of not more than 60 days to submit a building milestone inspection report or to obtain any necessary permits upon a written extension request from the architect or engineer responsible for the Milestone Inspection. Such request shall contain a signed and sealed statement from the architect or engineer responsible for the Milestone Inspection that the building may continue to be occupied while undergoing the building milestone inspection.

Once all required repairs have been completed, the architect or engineer responsible for the milestone inspection and the report shall re-inspect the areas noted on the original report and shall provide the building owner, association, and building official an amended report with a signed and sealed letter stating that all of the required repairs and corrections have been completed and that the building or structure is acceptable for continued use under the present occupancy. The building owner, architect, or engineer responsible for the Milestone Inspection shall submit that letter to the building official.

 Helpful Links to Stay Informed:

FS. 553.899 - (https://m.flsenate.gov/Statutes/553.899) 

Florida Building Code 

Building Officials Association of Florida

Florida Department of Business and Professional Regulation