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Building recertification talks resume

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – A familiar topic is coming back to the agenda for a future city commission work session.

The 2022 Florida state legislative session came to a close without anything passing the House or Senate on strengthening the recertification process and other safety measures for condominium buildings. With more and more building issues being identified in Holmes Beach, commissioners are bringing back the idea of creating a local recertification process for some residential buildings.

Commissioner Terry Schaefer brought the subject up in his comments following a March 22 work session, saying he wants to reconsider local safety measures for multi-family structures since city leaders now know that no new regulations are coming from the state.

Mayor Judy Titsworth said she’s already got city attorney Erica Augello researching to see what other communities are doing so Holmes Beach commissioners can have a productive discussion on the subject at a future work session.

Though Holmes Beach thankfully hasn’t had a disaster when it comes to aging buildings falling apart, it has come fairly close in recent weeks. On March 18, Holmes Beach Building Official Neal Schwartz, West Manatee Fire Rescue Fire Marshal Rodney Kwiatkowski, HBPD Chief Bill Tokajer and city Code Compliance Supervisor James Thomas all responded to 2809 Avenue E, where tenants were evacuated due to issues at the three-unit property.
Some of the issues noted in a code compliance report include exterior stairs missing risers, a sagging outdoor second-floor porch that was not entirely connected to the home, damaged windows, missing exterior siding, mold and other structural issues. The officials present declared the property unsafe and removed the inhabitants.

Texts to code compliance officers from property owner Shawn Kaleta indicate that the building is being scheduled for demolition and messages from attorney Louis Najmy to Tokajer state the property was not rented to the people who were staying there. Code compliance officers also received messages from some of the tenants that they were renting the property from Kaleta and paying him $900 per month including utilities as payment using the mobile payment service Venmo.

In mid-July 2021, one of the two Fountain Head condominium buildings had to be temporarily evacuated due to a structural issue with some of the balconies. Earlier that month, a balcony collapsed on a single-family home, though that incident is believed by city leaders to be due to a lack of maintenance at the property.

Commissioners said they don’t want to wait until a disaster strikes before enacting regulations to at least recertify and make sure multi-family buildings are safe for occupants. In November 2021, Schwartz gave a presentation to commissioners on potential recertification regulations that Titsworth said will be a part of future discussions on building safety.

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Commissioners talk building recertification regulations

Commissioners talk building recertification regulations

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

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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Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – After a balcony fell off a building and residents were evacuated at a nearby condo due to balcony problems, city leaders are warning property owners to be on the alert for structural issues that could cause personal injury or death.

The Sun made a public records request for the identity of the builders and other construction information on the single-family residence and the Fountain Head condominium on Sixth Avenue, which also has a sister building, but city staff delivered only permit records for pools and air conditioning units, which are available on the Manatee County Property Appraiser’s website.

Building Official Neal Schwartz said he was surprised that there were no other records on the properties, and that since he came to the city two years ago, he’s focused on keeping complete and accurate records in the building department. With the addition of an electronic method of submitting and approving documents for permits, Schwartz said the process of maintaining records has become easier and less susceptible to loss, unlike documents that were submitted on paper and stored either in paper files or on microfiche in the past.

After the condo at 3400 Sixth Ave. was found to have potential structural issues with the balconies on the back of the building, the owners of the units in the sister building were warned of potential issues. Now the city’s building department and code compliance staff are also sending letters of warning to owners of structures similar to the home at 4106 Sixth Ave., where a rear balcony collapsed in late June.

In the letter to property owners, Schwartz said the city is detailing the issues found at the home and suggesting that the work originally performed on the balconies of the damaged structure was likely performed by the same contractor as the other matching structures on Fifth and Sixth Avenues. The letter goes on to warn property owners of the potential for issues with the balconies and to encourage them to be alert to any problems.

The affected properties are 4105 Fifth Ave., 4107 Fifth Ave., 4104 Sixth Ave., 4108 Sixth Ave. and 4110 Sixth Ave.

Schwartz said that the property owner at 4106 Sixth Ave., Virginia Stewart, according to Manatee County Property Appraiser records, has voluntarily evacuated the property and her insurance company has engaged a structural engineer who inspected all of the balconies on the home and reported that the damage was most likely caused by lack of maintenance. The report also states that all of the balconies on that home, which was built in 2002, are unsafe and need to be replaced before the property can be cleared for occupation. Schwartz said the process is underway and permits have been issued for the repairs.

Schwartz said the letters to property owners were not sent out immediately due to the finding that the collapsed balcony was primarily caused by lack of maintenance rather than a problem with the initial construction.

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