State Passes Structural Safety Inspection Regulations

Emergency services personnel throughout Florida will have June 24, 2021 etched in their minds the same way other catastrophic events remain in the forefront of their memories. At 1:22 AM on that date, residents of the Champlain Towers South Condominium Complex in Surfside, Florida awoke to a rumble as much of the building collapsed.

Ninety-eight people died in those early morning hours. Only four people were rescued from the rubble, and one survivor succumbed to their injuries after arriving at the hospital. This incident will be recorded as one of the deadliest structural failures in American history. 

Since that day, emergency services personnel, building professionals and elected officials have diligently worked to determine the cause of the disaster and establish a plan to avoid a reoccurrence of this tragic event.

Marco Island’s Chief Building Official Raul Perez appeared before city council on June 20 to report on a comprehensive new law that was passed in the recent Special Session of the Florida Legislature. The law addresses building safety in the wake of the Surfside disaster.

Perez noted that he was only able to provide council members with a general presentation about the legislation, as the details are still being formulated by the Florida Department of Business and Professional Regulation (“DBPR”). The DBPR will be the agency overseeing the inspection process once it is established. 

New regulations will require structures three stories or more to have their condominium association or cooperative institute “milestone inspections.” These inspections will occur when the building turns 25 years old, and every 10 years thereafter. Inspections will take place by December 31st of the milestone year.

The city, town or county where the building is located will not be responsible for the inspections, but the condominium or cooperative boards will. The first round of the milestone inspections must be performed by December 31, 2024. Those inspections will be done by certified architects or engineers with the cost borne by the owners.

Perez advised council that on Marco Island there are 172 structures three stories or higher. The December 31, 2024, inspection requirement will apply to 99 of those buildings.

Condominium associations and cooperatives are required to register with the DBPR by January 1, 2023 and provide specific information on the number of buildings, stories and units per building, as well as the buildings’ addresses, including county. The DBPR will then create a searchable data base with public access.

The city will be responsible for following up to ensure that any required inspections are performed and that necessary repairs are completed. If the condominium association or cooperative fails to make the repairs, the building may be deemed unsafe for habitation by the city.

Perez reminded council that the process and mechanics of the new regulations are still in the formulation stage. He advised that his office will keep council and building managers informed about the requirements as more information is available.

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