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Commissioners talk building recertification regulations

HOLMES BEACH – Building Official Neal Schwartz is working with Holmes Beach commissioners to develop a recertification program for large buildings to identify structural issues before they become a serious safety hazard.

After the collapse of a condominium building in Surfside, Holmes Beach commissioners became concerned about the safety of older buildings in their city, which are subject to harsh conditions due to water, sea air and erosion. Schwartz began researching and gave a staff report on Nov. 9 on building recertification guidelines that need to be implemented in Holmes Beach.

Under such a program, applicable buildings would be inspected by a third-party engineering service to determine if they are structurally and electrically sound. These inspections would take place every few decades, with the results given to the city and all issues corrected within a specified time for the building to be recertified. If the inspection and/or repairs are not completed, the building’s owner would face potentially hefty fines from the city.

Schwartz suggested adopting the same guidelines for reinspection used by Miami/Dade counties and the city of Boca Raton, with a few adjustments.

A Florida Bar task force is recommending that the Legislature require structural inspections within the next three years for condominiums three stories or taller, with re-inspections every five years.

The Condominium Law and Policy on Life Safety Issues Advisory Task Force issued a report on Oct. 12 with recommendations on how to avoid another condo collapse like the Surfside disaster on June 24 that killed 98 residents.

State condo law contains “no express maintenance, repair, or replacement standards for boards to follow in the act, or in most governing documents,” according to the report, which recommends revisions to the law requiring inspection protocols for 13 items, including roof, structure, fireproofing, elevators, plumbing and electrical systems.

The report also recommends that by Dec. 31, 2026, associations be required to establish a fund that would be equal to or greater than 50% of the cost of replacing each component in the inspection report “based on the estimated remaining useful life.”

A provision of Florida condo law allows condominium associations, with a 50% vote, to waive a state requirement to maintain adequate reserves. The report recommends that the threshold for waiving the requirement be raised to 75%.

He also suggested that all single-family and duplex structures be exempt from the recertification requirements, regardless of size or age. The recertification requirements would apply to all buildings that are more than three stories tall, meaning three stories over parking if there is parking on the ground level, all mixed-use buildings over one story and all commercial buildings that measure more than 3,500 square feet. The commercial building requirement would apply to all shopping centers in Holmes Beach. Schwartz said he would look into whether or not churches would be required to participate in a recertification program.

Each building would need to be initially reinspected 30 years after a certificate of occupancy is issued for the structure, with additional recertifications taking place every 10 years afterward.

To pass the recertification, the engineer inspecting the property would ensure the structure and electrical systems meet the minimum guidelines for building safety as outlined in the Florida Building Codes and Holmes Beach building codes. Once any repairs were completed, a second inspection would be needed to verify all repairs were completed and up to code standards. Schwartz suggested a $300 fee for the reinspection, which would not include the reporting or inspection fees charged by a third-party engineer or any repair costs.

The city would notify the building owners when recertification was due for the property but would not be responsible for having the recertification completed or hiring an engineer to do the work. City building inspectors would not be on the property as a part of the recertification process.

Schwartz said he believes there would be about 30 buildings in Holmes Beach that would be affected by the program.

Once the program was adopted by commissioners, Schwartz estimated it would take a year to fully implement.

The matter will go for a vote before city commissioners at a future meeting.

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