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Condo and Co-Op Milestone Inspections
Florida Senate Bill 4-D and City Council Ordinance 2022-842-E

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Link to Ordinance 2022-842-E

2022-842-E


Definitions (Sec. 328.103)

Association” means a condominium association as defined under Ch. 718, Florida Statutes, or a cooperative association as defined under Ch. 719, Florida Statutes, or as further defined herein. 

Inspector” means a Florida actively licensed architect or engineer, with experience in multi-story structural design, who is specifically insured for performing “Milestone Inspection” work at a rate of no less than one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate coverage.
Milestone Inspection” means a structural inspection of a building, including an inspection of load-bearing elements, primary structural members, and primary structural systems as those terms are defined by the Florida Building Code or the Florida Statutes, whichever definition is broader, by an Inspector for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.
Phase One Inspection” or “Phase One Milestone Inspection” means performance of (a) a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, including but not limited to roofing, balconies, post tension slabs and anchorage, caulking, curtain walls, window installation, flashing, building cladding, foundations (settlement or subsidence), garages, pool decks, roof parapets, common areas, unconditioned spaces, accessible exterior areas, and flood and storm protective measures; (b) a historical analysis of existing construction documents, permits, inspections, and maintenance records; and (c) provide a qualitative assessment of the structural conditions of the building based on the examination and analysis of the above by an Inspector. For structures with balconies or other similar features, inspections shall include, at a minimum, thirty-three percent (33%) of the balconies, handrails or other similar components.
Phase Two Inspection” or “Phase Two Milestone Inspection” means an inspection necessary to fully assess areas of structural distress in order 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, said inspection may involve destructive or nondestructive testing at the Inspector’s direction. The Inspector may determine the extensiveness of the inspection or the limitation of the areas of inspection based on their experience, education, and training. 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.
Story” means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. 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.
Substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the Inspector performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.
 

Inspections (Sec. 328.107)

Phase One Inspections. Within 180 days after receiving the written notice under Section 328.106, Ordinance Code, the Association must complete Phase One of the Milestone Inspection, however, no report shall be required prior to December 31, 2024. For purposes of this section, completion of a Phase One Milestone Inspection means the Inspector who performed the Phase One Inspection submitted the inspection report to the Building Inspection Division through the Division’s permitting system or other means authorized in writing by the Chief of the Building Inspection Division, or his designee. 
  1. The Inspector must indicate whether a Phase Two Inspection, as provided in Section 328.103, Ordinance Code, or Section 553.899(7)(b), Florida Statutes, whichever is more stringent, is required. 
  2. An Inspector who completes a Phase One Milestone Inspection shall prepare and submit an inspection report, pursuant to Section 328.107, Ordinance Code, to the City through the Building Inspection Division’s permitting system. 
Phase Two Inspections. A Phase Two Milestone Inspection must be performed if any substantial structural deterioration is identified during the Phase One Milestone Inspection. An inspector who completes a Phase Two Milestone Inspection shall prepare and submit an inspection report pursuant to Section 328.107, Ordinance Code.
 

Inspection Reports (Sec. 328.108)

Submission. Upon completion of a Phase One or Phase Two Milestone Inspection, the Inspector who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings, and recommendations in the inspection report to the Association, and the building official of the local government and pay a report review fee based on 1.5% of the total cost of the milestone inspection and report.

Terminology. Any terminology providing a rating, grade, or status of a component, system, or structure shall be explained in sufficient detail to justify the rating or status. 

Contents
  1. Phase One Inspection reports must contain or address, at a minimum, all of the following: 
    • Bear the seal and signature, or the electronic signature, of the Inspector who performed the inspection, a date for each inspection, if multiple days, and the date of the final report. 
    • The complex and management information, including but not limited to the name and contact information for the Association and any management company. The report should also identify the current members of the Association’s board and each member’s contact information. 
    • Indicate the manner and type of inspection forming the basis for the inspection report. 
    • Provide a general condition rating and any specific detail observations, along with any recommendations for each inspection category listed in the inspection criteria, including but not limited to: foundations, roof/roofing systems, bearing walls, floor systems, framing systems, windows, wall openings, railings, stairs, and balconies. 
    • Identify any substantial structural deterioration, within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. 
    • Include color photographs with sufficient resolution to convey the conditions at the time of the inspection and identify any recommended repairs. 
    • State whether unsafe or dangerous conditions, as those terms are 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. 
    • Provide an overall qualitative structural assessment of the building. 
    • Identify and describe any items requiring further inspection. 
    • Indicate if a Phase Two Inspection, or other subsequent inspections are required, necessary, or recommended. 
    • Include a copy of the Certificate of Insurance specifically providing coverage for the Inspector, and their company if applicable.
    • Include a copy of the Inspector’s Resume or Curriculum Vitae with three (3) references from prior multi-story projects and a self-qualification letter from the Inspector stating their professional experience with the design and inspection of similar structures.
  2. Phase Two Inspection reports shall contain at a minimum the following: 
    • Bear the seal and signature, or the electronic signature, of the Inspector who performed the inspection, a date for each inspection, if multiple days, and the date of the final report.
    • The complex and management information, including but not limited to the name and contact information for the association entity and any management company. The report should also identify the current members of the Association’s board and each of their individual contact information.
    • Provide references to the Phase One Inspection Report for each item requiring additional examination.
    • Identify the type and manner of inspections performed.
    • Identify any damage, including color photographs when possible, and extent of repairs needed along with any repair recommendations.
    • Provided graded urgency for each required, necessary, or recommended repair. 
    • Identify any testing performed and the results of any testing. 
    • List any additional inspections or testing that should be performed and provide a timeline for completion.