In 2022, Florida state law was amended to require certain condominium and cooperative buildings to complete periodic structural inspections known as milestone inspections intended to verify that residential, multi-family buildings remain structurally sound and safe for continued use. All ten condominium buildings in the Town of Orchid are subject to this law.
What is a Milestone Inspection?
Milestone Inspections are structural inspections of a building, including load-bearing elements, primary structural members, and primary structural systems. The purpose is to attest to the life safety and adequacy of structural components and, to the extent reasonably possible, determine the general structural condition of the building as it affects safety. A milestone inspection is not a full code-compliance inspection and is not intended to determine whether an existing building complies with the Florida Building Code or the Fire Safety Code.
A milestone inspection has two phases:
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Phase One is mandatory and includes a visual examination of habitable and non-habitable areas, including major structural components.
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Phase Two is only required when substantial structural deterioration is identified during Phase One. Phase Two may include destructive or nondestructive testing, as determined by the architect or engineer, and must be sufficient to assess areas of structural distress. The inspection may be as extensive or as limited as necessary to fully assess whether the building is structurally sound and safe for its intended use. Phase Two includes the development of a recommended program of repairs to distressed and damaged portions of the building.
Who can perform a milestone inspection?
A milestone inspection must be performed by a Florida-licensed architect or engineer authorized to practice in this state.
What must be submitted to the Town?
Upon completion of a Phase One or Phase Two milestone inspection, the architect or engineer must submit a sealed inspection report and a separate summary of the material findings and recommendations to the Town’s Building Official.
At minimum, the report must:
- bear the seal and signature, or electronic signature, of the licensed architect or engineer;
- state the manner and type of inspection performed;
- identify any substantial structural deterioration and recommended repairs;
- state whether unsafe or dangerous conditions were observed;
- recommend remedial or preventive repairs for damaged items that are not substantial structural deterioration; and
- identify and describe any items requiring further inspection.
Reports and summaries are subject to public disclosure and will be made available upon request.
Notice Requirements
The architect/engineer must also provide the report and summary to the Condominium Association, which, within 45 days, must distribute the inspector-prepared summary to each unit owner, post a copy of the summary in a conspicuous place on the property, and publish the full report and summary on the Association’s website, if the association is required to have one.
When must inspections be completed?
In Orchid, the condominiums must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the certificate of occupancy date, and every 10 years thereafter. This is five years sooner than the statutes general requirement, which is a local adjustment encouraged by the statute for buildings subject to certain environmental conditions such as proximity to the ocean.
The Town written notices when it determines that a building is required to complete a milestone inspection. After receiving the Town’s notice by certified mail, the condominium association must notify unit owners of the required inspection and completion date within 14 days. Receipt of the notice from the Town also starts a 180-day clock on the completion of first phase of the milestone inspection.
If a Phase Two inspection is required, then the engineer/architect must submit a progress report with a timeline for completion of the Phase Two inspection within 180 days after submitting the Phase One inspection report and summary.
Extensions
The Town Manager, in consultation with the Building Official, may extend the date by which a building's initial milestone inspection must be completed. Good cause must be shown in writing, such as when the association has entered into a contract with a licensed architect or engineer, and the inspection cannot reasonably be completed before the deadline. Associations requesting an extension should contact the Building Department at least two weeks before the deadline and be prepared to provide documentation, including the inspection contract, scheduling information, and the reason the inspection or report cannot be completed on time. The maximum extension under these conditions is 90 days.
The penalty for the late submission to the Building Department of a milestone inspection is $75 per business day past the deadline, not including the day the inspection report is submitted and not to exceed $4,500, payable by to the Town of Orchid.
Repairs after a Phase Two inspection
If a Phase Two report identifies substantial structural deterioration, state law requires the local governing body to establish a timeframe for scheduling or commencing repairs, and repairs must be commenced within 365 days after receiving the Phase Two inspection report. However, if the Building Official, in consultation with the engineer/architect responsible for the milestone inspection, determines in writing that repairs must commence sooner due to the severity or scope of the substantial structural deterioration, in which case a different deadline may be imposed by the Building Department.
If by the deadline, no building permits have been pulled and no proof has been submitted showing that repairs have been scheduled, the Town of Orchid must review and determine whether the building is unsafe for human occupancy. The Building Official is authorized to evacuate and close access to unsafe structures.
Repair work may require building permits, signed and sealed plans, product approvals, inspections, special inspections, floodplain review, or other documentation depending on the scope of work.