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The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators.
A17.3-2015 Contains the Retroactive Requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits. All conveyances licensed by the State of Florida Bureau of Elevator Safety, including those located within the 5 contracted jurisdictions (Broward, Miami-Dade, City of Miami, City of Miami Beach, Reedy Creek Development District) must be in compliance with the above Code by December 31, 2023. This system is referred to as Door Lock Monitoring.
By December 31, 2023 ALL Existing Elevator Must Have Been:
· For Elevators Installed Prior to A17.1 2000 (MOST ELEVATORS)
Equipped with a New Hardware and Software Upgrade and Inspected by a Licensed Elevator Contractor.
· For Elevators Installed Under A17.1 2000 or Newer
Inspected by a Licensed Elevator Contractor to Ensure Door Lock Monitoring is Functional and Code Compliant. These elevators may STILL require New Hardware and Software Upgrades depending on the Controller Manufacturer.
Frequently Asked Questions
Is Door Lock Monitoring Mandatory for my County?
Yes, Door Lock Monitoring is mandatory for ALL elevators in the State of Florida
Do I need to use my Current Vendor to install Door Lock Monitoring?
No, you can use any experienced vendor to perform your Door Lock Monitoring installation. This is considered work outside your Service Agreement.
What happens if I do not comply?
Failure to comply with Door Lock Monitoring will result in failed inspections and fines from the State and/or County.
Contact your Elevator Contractor or find top companies on our Directory for Florida Members
Meet Eduardo Mondragon, the President of 1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member and Licensed and Insured Roofing Contractor in the State of Florida.
This introduction is to let you learn more about our goal to working with the property management, condo and hoa’s to provide you our services.
We have a lot of experience accumulated over 30 years in the construction sector and specialized in Roofing. My crews are bilingual. I am located on Palm Beach, We do all phases of roofing like repairs, re-roofing, new construction roofing and roof maintenance.
Our corporate experience and the individual skill of our superintendents and tradesmen are keys to a successful job. We know what materials and techniques will yield the highest performance for your specific conditions and budgets. We advise clients on the methods most appropriate for cost and time savings. The best evidence of our successful craftsmanship is the long list of repeat customers, owners, contractors and construction managers who invite us to work on their projects.
Our strength is in our ability to address any situation presented. Whether it is development and completion of yearly maintenance plans, or the complete structural restoration of a structure, we have the knowledge, ability, and manpower required. Our knowledge and experience allows us to work hand in hand with owners, operators, and engineers in the development and implication of project budgets, repair techniques, and high-quality on-time repairs.
Jeffrey Rembaum will lead a substantive review of Bill SB-4D
(Condo & Cooperative building safety) on October 17th.
Please see the flyer for details and share with anyone who will benefit from this.
The link to RSVP is: https://us02web.zoom.us/webinar/register/WN_w-aSiEr6SAqNuNmd-tUJsA
In May of 2022 new building safety legislation was passed during a special session. Join us for this important informational discussion as Jeffrey Rembaum, Esq. BCS of Kaye Bender Rembaum will provide a substantive review of Bill SB-4D. Attendees will learn about the history of the bill, how your association is affected and what you may need to do.
Other professionals on hand will include Nicole Johnson-Pendergrass & William Kilgallon (Haferco CPAs & Consultants), Jayme Gelfand, PCAM (Truist Bank), Rudy Martin (m2e Consulting Engineers) and Brian Street (Castle Group).
Note: This webinar is for informational purposes only and does not contain CE credit for CAMS.
Learn more on the New Website on the State of Florida PMA website.
Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.
Engineers • Architects • Drone Services • Capital Reserve Specialists • Energy Consultants • Litigation Experts
In the event your home or business has suffered storm damage as a result of Hurricane Ian, The Falcon Group is here to help. The Falcon Group has been in business for over 25 years with extensive experience in post-disaster recovery. As one of South Florida’s largest forensic engineering and restoration engineering firms with over 40 local engineers, architects, and technical staff in South Florida, we have strategically-located offices in St. Petersburg, West Palm Beach, and Miami ready to mobilize. Falcon has successfully worked with numerous clients (commercial, residential, legal, public adjusters) and assisted in recovery of claims in excess of $500 million throughout South Florida.
The Falcon team can also provide the following services:
Emergency Damage Infrastructure Evaluations
Windstorm and Flooding Safety Evaluations, as per ATC https://www.atcouncil.org/pdfs/ATC45appendixE.pdf
Structural Damage Assessments
Unmanned-Aerial-Vehicle (UAV Drone) Inspections of roofing, and visible structures
Sea Wall Inspections
Building Envelope Evaluations
Insurance Causation Reports
The Falcon team of engineers, forensic experts, and drone pilots are standing by to fully assist you in navigating through the difficult claims, analysis, and rebuilding process.
You can reach our disaster recovery experts at 813-438-3568:
Sinisa Kolar, P.E., FBRSE – Principal SKolar@thefalcongroup.us
William Pyznar, P.E. – Principal WPyznar@thefalcongroup.us
CONTACT US
1211 1st Avenue, N., Suite 300
St. Petersburg, FL 33705
(813) 438-3568
15405 NW 7th Avenue
Miami, FL 33169
(305) 663-1970
5651 Corporate Way, Suite 4
West Palm Beach, FL 33407
(561) 290-0504
Tags: Engineering Articles
Update: Eric Glazer, Esq.
Published October 10, 2022
Rumors of my demise have been greatly exaggerated.
I just spent a week in the hospital — again with kidney stone issues. This is I believe the 5th time I needed some sort of surgery for this never ending painful problem. I left the hospital with a tube coming out of my right side. I still need a lithotripsy procedure. That’s the one where you lay down in water and they zap your kidney stones hoping to break them up. I’m guessing I have another week or two of this insanity.
I want to apologize to the wonderful people at the L&L Condo and HOA Expos. As all of you know, I always attend all of their shows all around the state and have the honor of kicking off the event by doing my board certification course. Unfortunately I won’t be able to attend the events In Palm Beach and in Broward. I am desperately hoping to attend the events in Orlando and Tampa. I think all of you know that I love nothing more than being with all of you, teaching you, and answering your questions. It’s simply my favorite part of being an attorney. It’s killing me that I can’t teach the classes that so many of you attend each and every year. However, L&L will be finding another well qualified attorney from another law firm to teach and certify you. I urge you to attend and continue to make the L&L shows the success that they always are.
I’m taking two weeks off from the radio show. I expect to do the show October 16th — with or without a tube coming out of my side. BY THE WAY……THAT’S THE SAME DAY I WILL BE ON 60 MINUTES — AS THEY ARE DOING A SHOW ABOUT WHETHER OR NOT GRANDMA AND GRANDPA CAN STILL MOVE TO A FLORIDA CONDOMINIUM IF THEIR SOLE INCOME IS SOCIAL SECURITY. I think we all know the answer. This really should be an amazing show which shines the spotlight on Florida condominiums but truly needs to be watched by the entire country as every state better follow Florida’s lead when it comes to mandating safety.
In any event, I hope to be back at my desk in a week or two and look forward to speaking with all of you again. In the mean time, please get in touch with Rich, Pennie or Paul if you need immediate help.
PS: The nurse told me that the epidural was not invented to relieve pain from child birth. It was invented to relieve pain from kidney stones!
We know everyone is wishing Eric Glazer a full recovery and well wishes. Ouch
In light of the tragedy at The Champlain Towers in Surfside last year, The Florida Legislature, to its credit, passed massive condominium reform regarding safety, inspections and reserves. These laws are confusing to those who work in the industry every day, never mind to those who serve on condo Boards throughout the state.
Stay up to date with the new law -FLORIDA BUILDING INSPECTIONS (SB-4D)
The Florida Legislature thought that it was so important for condo boards to enforce these laws that they included a provision which considers a breach of these laws a breach of the director’s fiduciary duty. Imagine, personal liability can be imposed against a director who fails to enforce these new laws.
Once again, I drafted legislation which would require Board members to learn these new laws in order to get certified and once again this requirement was removed from the statute. It’s hard to believe, but The Florida Legislature drafted a law which imposes personal liability against those directors who fail to follow these new laws yet removed the requirement to learn these new laws. In any event, I will again try to make learning these new laws a condition of becoming certified in the next legislative session.
As far as condominium Board members go…….there can be no more important time than the present to learn these new laws. They are designed to keep you and your fellow unit owners alive.
Don’t dare get certified by signing that dumb, silly form that says I read my governing docs and promise to enforce them. Even if you read your governing documents from cover to cover, you still wouldn’t learn any of the new condo laws. What a disgrace that you can still become certified this way.
I am teaching at the following times and locations this month. It is more imperative than ever to attend an educational course. In fact, if you don’t learn the new laws and don’t apply the new laws on your condo board, you can face personal liability. Moreover, any condo Board member who can’t find a few hours to take an educational course is not worthy of a single vote. So what do you say? Please register for any of the free following Condo Craze and HOAs Board Certification Classes offered around the state
Find the Condo & HOA Event Dates
Tags: Board of Directors, Condo and HOA, Condo and HOA Law, Florida Building Inspections
by Kaye, Bender, Rembaum KBRLegal.com
With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D), which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements. (While this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations.)
By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives and in the Florida Senate addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the house and the senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.
Notwithstanding these challenges and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the house and senate and signed by the governor. A plain reading of this well-intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected in the 2023 legislative session. Others praise it, and, yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.
I. Milestone Inspections: Mandatory Structural Inspections For Condominium and Cooperative Buildings. (§553.899, Fla. Stat.)
You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.
The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems. The aforementioned terms are defined in §627.706, Florida Statutes, and are to be carried out by a licensed architect or engineer authorized to practice in this state 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 an 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.
The term “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 licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.
A condominium association under Chapter 718 and a cooperative association under Chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.
If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.
The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.
The condominium association or cooperative association is responsible for all costs associated with the inspection.
If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.
Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.
Within 180 days after receiving the written notice, the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by email, United States Postal Service, or commercial delivery service to the local enforcement agency.
(a) PHASE 1—For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.
(b) PHASE 2—A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as 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. 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. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.
Upon completion of a phase one or phase two milestone inspection, the architect or engineer 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 condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:
A local enforcement agency may prescribe timelines and penalties with respect to compliance with the milestone inspection requirements.
A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.
Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.
Pursuant to §718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.
If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to §553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.
If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.
For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.
The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the governor, the president of the senate, and the speaker of the house of representatives by December 31, 2022.
The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the governor, the president of the senate and the speaker of the house of representatives by December 31, 2023.
II. Structural Integrity Reserve Studies and Mandatory Reserves:
The reserve legislation set out in §718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in §718.103, Florida Statutes, where a brand-new term is added as follows:
Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher.
Hereafter, the structural integrity reserve study is referred to as “SIRS.” Now we can turn our attention to the requirements of the SIRS as set out in §718.112 (f)(2)(a), Florida Statutes.
The Structural Integrity Reserve Study (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):
An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:
The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study must be performed by an engineer licensed under Chapter 471 or an architect licensed under Chapter 481.
As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”
The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item.
If the condominium building is less than three stories, then the legislation provides that “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”
The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.
If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.
As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth in the SIRS report. There is ongoing debate among attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under- three-story condominium reserve—for example, roof and painting. (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D.)
Before turnover of control of an association by a developer to unit owners other than a developer pursuant to §718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves. (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change.)
Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.
III. Official Records
Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.
In addition to the right to inspect and copy the declaration, bylaws, and rules, renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.
Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.
IV. Association Websites
In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.
V. Jurisdiction of Division of Condominiums, Timeshares and Mobile Homes
Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.
VI. New Reporting Requirements For All Condominium and Cooperative Associations
On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by email, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or email address provided by the division and on a form posted on the division’s website:
An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.
VII. Applicable To All Sellers of Units
As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.
VIII. Glitches
As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. Some observe are (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under-three-story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.
SFPMA: You can find this article on our Florida Building Inspections
Date: Sep 14, 2022
Keep informed with the requirements for Florida Condo’s on our
Florida Building Inspections (Website)
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