Florida Building Safety Law

What New Requirements Does Florida SB 4-D Create for Condominium Owners and Associations?

The Florida Legislature passed Senate Bill 4-D in May 2022. SB 4-D amended Florida Statute 553.899 to establish a statewide milestone structural inspection program for condominium and cooperative buildings three or more stories tall. It also amended Florida Statute 718.103 to require structural integrity reserve studies for the same buildings. The milestone inspection program, together with the structural integrity reserve study, is intended to ensure that condominium and cooperative buildings are safe for continued use.

See Florida SB-4: Building Safety For More Information

Here are some key provisions of the law.

Phase-One Milestone Inspections (Visual Structural Inspection)

• Can be performed by team of professionals with the licensed Florida-based architect or engineer acting as the design professional in responsible charge.
• Require visual inspection of primary structural members and systems. 
• Identify any visible substantial structural deterioration that negatively affects the building’s general condition, integrity, or life-safety of occupants. 
• Document whether unsafe or dangerous conditions were observed. 
• Identify any structural components requiring further inspection, maintenance, repair, or replacement. 
• The association is responsible for costs to repair items that governing documents say the association must maintain, not necessarily all maintenance or repair costs.

Phase-Two Milestone Inspections (Invasive or Non-Destructive Testing)

• Are required if the architect or engineer identifies substantial structural deterioration or suspicious areas requiring further investigation during the phase one inspection.
• May involve materials testing, probing (removal of finishes), coring, or non-destructive testing such as ground penetrating radar. • Document the manner and type of inspections performed.
• Report whether unsafe or dangerous conditions were observed, the extent of any substantial structural deterioration, and recommended maintenance, repairs, or replacement of structural components. 
• Failure by the association to progress required repairs within a year of the phase-two inspection report submission requires the municipal authority to assess if the building is safe for continued occupancy.

Details & Best Practices

• We’ve learned from experience that even when visual signs of deterioration are not obvious, additional testing or probing may be necessary based on the age and composition of structural materials.
• All reports must be signed and sealed by the licensed professional. 
• Inspector-prepared report must be issued to associations and local building officials, with a summary posted in the building and provided to unit owners.
• A willful and knowing failure by an officer or director of an association to have a Milestone inspection performed is a breach of the officer’s and director’s fiduciary responsibility.

Board Member Liability and Fiduciary Risk Under SB 4-D

• Effective December 31, 2024, unit-owner controlled associations must properly fund items identified in the structural integrity reserve study. 
• Using or reducing these funds is prohibited and funds can only be used for the specific item identified in the study. 
• It is a breach of a board member or officer’s fiduciary duty if an association fails to complete a structural integrity reserve study.
• It is a breach of the director or officer’s fiduciary duty if an association fails to properly fund reserves related to items identified in the Structural Integrity Reserve Study. 
• Failure to comply with SB-4D can result in personal liability on the part of board members.

Details & Best Practices

The following items must be included in the SIRS:

While it's not perfectly clear, the title suggests that only elements related to building structure fall within the required scope of the studies.

The study should at minimum include structural aspects of these systems.

We Can Help, Here's How

Experience Counts

With more than 50 years of experience in forensic investigations and assessments, our licensed engineers have the knowledge to interpret the sometimes-unclear and still-evolving provisions of the law. Because we frequently analyze building failures – from inconvenient performance problems to catastrophic collapses – we’ve learned what to look for. And our experience in designing new structures, including residential buildings, informs and enhances our forensic capabilities.

All this experience means we can provide thorough, detailed and accurate milestone inspections that put safety first.

Local Know-How

We’ve been in Florida for more than 40 years, doing both design and forensics. So we know the regulations in jurisdictions up and down the state and we can help you navigate the overlapping requirements of local and state laws.

Customized Inspection for Your Building Type

Every building is different. That’s why we don’t just check boxes on a list, we tailor our approach to suit your structure. Our staff includes specialists in a variety of building types, including concrete, masonry, steel and wood. And with four offices in Florida, we have the capacity to provide personal attention to every project we take on.

Technology & Technique

If a phase-one inspection uncovers signs of deterioration, these tools can help determine the severity of the problem and more accurately estimate the extent of repairs needed. And problems caught early are often less expensive and less disruptive to fix.

We use an array of tools and technologies to assess structures; analyze the extent of any deterioration; and record, manage and communicate supporting data, including:

• Drones. We have a team of FAA licensed drone pilots in Florida who are trained to safely and effectively go where sending people is difficult or even impossible. Still, video, and infrared cameras can capture a wide range of data.
• T2D2. Uses artificial intelligence to analyze video and images, detecting and flagging damage, and mapping it to a photogrammetric model.
• Photogrammetry. We can create a detailed 3D model from still or video images. More-affordable alternative to laser scanning.
• Ground penetrating radar & pachometers. Helps verify rebar placement, determine optimal locations for core extractions, identify air voids beneath slabs on-grade, and locate grouted bars in CMU walls.
• Ultrasonic testing. Lets us identify concrete defects – voids, delamination and cracks – without destructive methods.
• Half-cell potential testing. Used to diagnose corrosion of steel reinforcement in concrete at its earliest stages to prevent serious problems from developing.
• Tiltmeter monitoring systems. Continuously tracks building movement and collects data through a remote web interface that can also generate alerts if movement exceeds recommended values.
• Demountable mechanical strain (DEMEC) gauges. A cost-effective and reliable way to monitor crack movements in concrete. Wireless strain gauges offer remote monitoring for hard-to-access locations.
• Acoustic emission testing. Can identify cracks in steel at their onset.
• Forensic Informational Modeling (FIM). We developed a better way to manage and analyze data in a 3D or 4D model. Data is linked to model components for easy retrieval, keyword queries, and statistical analysis. Our FIMs can quickly generate reports and visualizations for clear communication of complex technical issues.

Once the data is captured, our multidisciplinary experts leverage decades of experience in building design and investigation. We perform advanced analytics to understand the issues, then clearly communicate our findings.

In-House Repair & Retrofit Capabilities for One-Stop Shopping

Because we're designers as well as investigators, we can use our findings to design repairs to make your building safe and resilient. And the first-hand information from our inspections can guide our remediation design, with no time wasted in searching for a new provider or catching up on the current condition of the building. Our goal is to help you return your building to its proper condition quickly, safely, and economically.

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