COMPLIANCE UPDATES

Compliance with 21-Day Notices

The most important update at this time is whether the more than 420-buildings that have been in the recertification process for more than 90 days, are complying with the 21-Day notices that were issued on June 29, 2021.   The notice, issued by our Building Official after the collapse, requires reports from licensed engineering professionals that must detail the conditions of the structural and electrical systems and a cover letter indicating whether the buildings can be occupied.  The reports were due on July 19, 2021.

• 40 percent of the buildings have either finished the certification process or are underway with repairs to complete the certification.
• 50 percent have either a permit to perform repairs or a completed report. The Building Department has posted notice of violations with 65 properties which have not provided the updated report. These properties have also been posted and referred to Special Magistrate or Miami Dade County Unsafe Structures Board (USB). Depending on the severity of the issues identified, the USB may result in an order to vacate or demolish if not addressed.
• 10 percent of buildings have never submitted a letter or report. Warning emails were sent advising of the subsequent steps. Those that have continued to not comply have been escalated, to the Special Magistrate or Miami-Dade County USB. Depending on the severity of the issues identified, the USB may issue an order to vacate or demolish if not addressed.  

Response to Individual Building Concerns

Understandably, residents are concerned about individual buildings unrelated to the 40-year Recertification process. Each request is being evaluated and assigned to the inspection team to respond.  Individual property complaints have dwindled, but the Building Department continues to provide site visits based on resident concerns and has contacted Management companies to work towards full compliance.

Building recertification policy changes

The City will continue to be an active participant in efforts to improve the Florida Building Code and the 40-year Recertification process that are currently being convened by the County. These technical meetings as well as meetings with the County Board of Rules and Appeals (BORA) have been dedicated to reviewing the current building recertification process and looking towards process improvements. There has been consensus on key items which appear to be moving forward at the county level.  The State of Florida is also looking to add a building recertification process statewide.  See discussion summary items below:

·       Individual unit owners to be made aware of the recertification notification, by posting on the building at each entry point.

·       Early notification to the condominiums  

o   2-year prior

o   1-year reminder 

o   90 day posting standard notice 

·       Shorten the beginning of the recertification to 30 year and maintain with the same 10-year recurrence for recertification. The process will need to coordinate with the county date of occupancy listed with the property appraiser.

·       Increased requirements for design professional performing the recertification on buildings 4 stories or more larger than 5,000 square feet or have more than 500 people  

o   Structural Engineers for the structural portion  

o   Electrical Engineers for the Electrical portion 

·       150-day compliance total 90 + 60-day extension 

o   Conditions for time extensions  

§  Report submittal with deficiencies 

§  Engineers letter regarding continued occupancy 

§  Issued permit with engineers update every 6 months 

·       BORA (Board of Rules and Appeals) minimum building recertification standard to be revised to include: 

o   Research document history (searchable permit history) 

o   Research unsafe violations (searchable violations portal) 

o   Research by the design professional to identify unpermitted work 

o   Reporting regarding features attached to the primary structure

§  Seawalls 

§  Railings 

§  Accessory Structures

§  Facade  

o   Photo Documentation requirements 

·       Design professional’s duty to report findings of an inspection to the Authority having jurisdiction (Building Official) 

One of the key items in all discussions is that there must be education to inform condominiums and property management companies of the fact that recertification should not replace regular maintenance.  If a building waits 30 years to begin structural maintenance and then follows up every 10 years this is not adequate, the first 20 years after construction paint and coatings will assist in extending the life of a structure.   

Building department Policy changes

In order to best serve the building recertification process, the Building Department has restructured the 40yr team and has moved the daily intake from the Building Violations group to the Building Plan Review Group.  The report intake process has changed to a digital process to allow for a concurrent review this will also allow for better data collection and efficient follow-up regarding the building recertification process. This change has also allowed for better communication with the property management companies and condo boards when added to the case.

There continue to be weekly update meetings regarding the process. Any buildings which do not meet deadlines have been referred to the Special Magistrate, where building recertification hearings are being scheduled, and in cases with more significant concerns, they are referred to USB. We are preparing to host the first Unsafe Structures Hearing here in Miami Beach in December of 2021.

I remain committed to being proactive and responsive to our community and am proud of our professionals’ around the clock commitment to safety in the wake of this tragedy. 

Thank you for your continued support.

ATH/EC/AMS