Background
Following the 2021 Champlain Towers South collapse in Surfside, Florida, the Legislature recognized the need for a statewide structural inspection program for aging condominium and cooperative buildings to ensure their continued safety
Florida Condo Safety Act:
- Florida Legislature passed Florida Statute 553.899 in May 2022
- Florida Building Commission to establish a building safety program within the Florida Building Code
- Mandates milestone structural inspections for condominium and cooperative buildings.
Florida Building Commission established a working group to implement legislation:
- Created Chapter 18: Minimum Requirements for the Mandatory Milestone Inspection.
- Draft supplement to the 8th Ed. (2023) Florida Building Code, Existing Building.
- Created common forms to be used during milestone inspections.
(Florida Building Codes and Standards - Existing Building Inspection Workgroup 2024, Agenda, Minutes, Audio: Existing Buildings WG (floridabuilding.org))
Phase 1 Inspection Report Form: Milestone Inspection Report Form Phase 1 (floridabuilding.org)
*Condition Rating Definitions (Report Form Section 19):
- Good: No substantial structural deterioration and no dangerous condition observed.
- Fair: Indication of substantial structural deterioration was observed, and no dangerous conditions were observed.
- Poor: Actual substantial structural deterioration observed, and no dangerous condition observed.
- Significant: Any observation that is an indication of a dangerous condition or actual dangerous condition.
*Relevant Definitions:
ARCHITECT. A Florida-registered architect.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.: “Local building official” means the individual within the governing jurisdiction responsible for direct regulatory administration or supervision of plans review, enforcement, and inspection of any construction, erection, alteration, demolition, or substantial improvement of, or addition to, any structure for which permitting is required to indicate compliance with applicable codes and includes any duly authorized designee of such person.
DANGEROUS Any building, structure, or portion thereof that meets any of the conditions described below shall be deemed dangerous:
The building or structure has collapsed, has partially collapsed, has moved off its foundation, or lacks the necessary support of the ground
There exists a significant risk of collapse, detachment, or dislodgment of any portion, member, appurtenance, or ornamentation of the building or structure under permanent, routine, or frequent loads; under actual loads already in effect; or under wind, rain, flood, or other environmental loads when such loads are imminent.
ENGINEER. A Florida-registered engineer.
EXISTING BUILDING. A building erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.
EXISTING STRUCTURE. A structure erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.
GRADE PLANE. A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet (1829 mm) from the building, between the building and a point 6 feet (1829 mm) from the building. GRADE PLANE, STORY ABOVE. See “Story above grade plane.”
MULTISTORY UNIT. A dwelling unit or sleeping unit with habitable space located on more than one story.
STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (see “Basement,” “Building height,” “Grade plane” and “Mezzanine”). A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
STORY ABOVE GRADE PLANE. Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is:
1.More than 6 feet (1829 mm) above grade plane; or
2.More than 12 feet (3658 mm) above the finished ground level at any point.
UNSAFE CONDITIONS [Section 115, 2023 FBC, Exiting Building]:
Buildings that are unsafe, unsanitary, or deficient due to inadequate means of egress facilities, insufficient light, ventilation, fire hazards, or other dangers to human life or public welfare. If a building is deemed unsafe, it must either be taken down and removed or made safe according to the code official’s assessment. A vacant building without proper security against unauthorized entry is also considered unsafe. If an owner fails to provide proof of scheduled or ongoing repairs for substantial structural deterioration identified in a phase two milestone inspection report, then the local enforcement agency must review whether the building is unsafe for human occupancy.