HISTORY

On September 17, 2021, at the request of Commissioner Mark Samuelian, the subject discussion (item C4F) was referred to the Land Use and Sustainability Committee (LUSC).  The LUSC discussed the item on October 19, 2021 and continued the matter to the first available meeting in 2022. On February 11, 2022 the LUSC discussed the item and and continued the matter to the April 8, 2022 meeting for further updates on action by the State legislature.

COMPLIANCE UPDATES

Compliance with 21-Day Notices
As noted previously, more than 420-buildings were identified as being in the recertification process for more than 90 days, and were issued 21-Day notices on June 29, 2021. Of the 420 recertifications that were last reported as being in the recertification process for more than 90 days. The following is noted:

1. 55 percent of the buildings have either finished the certification process or are underway with repairs to complete the certification.

2. 38 percent have either a permit to perform repairs or a completed report. The Building Department has posted notice of violations with 94 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, depending on the severity of the issues identified, and may result in an order to vacate or demolish if not addressed.

3. Seven (7%) 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 Unsafe Structure Board (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
Pursuant to the recommendation made by the Grand Jury report, the following changes have been codified in the City’s recertification ordinances:

1. Individual unit owners to be made aware of the recertification notification, by posting on the building at each entry point.
2. Early notification to the condominiums at least 2-years prior, as well as a 1-year reminder and a 90 day posting standard notice.
3. Annual maintenance log, including incentive of recertification fee reduction for continuous compliance.

The City continues 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. Senator Garcia’s proposed recertification item will be heard at the County’s Chairman’s Council of Policy on Wednesday, April 13, 2022.

The following is a summary of additional policy changes:

• Shorten the beginning of the recertification to 30 years 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 professionals performing the recertification on buildings 3 stories or more larger than 5,000 square feet or have more than 500 people, including Structural Engineers for the structural portion and Electrical Engineers for the Electrical portion

• 150-day compliance total (90 day + 60-day extension); Conditions for time extensions include report submittal with deficiencies, Engineers letter regarding continued occupancy and issued permit with engineers update every 6 months

• BORA (Board of Rules and Appeals) minimum building recertification standard to be revised to include:
a. Research document history (searchable permit history)
b. Research unsafe violations (searchable violations portal)
c. Research by the design professional to identify unpermitted work
d. Reporting regarding features attached to the primary structure
e. Seawalls
f. Railings
g. Accessory Structures
h. Facade
i. Photo Documentation requirements

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

• Provides for potential action on utility disconnect by the building official. When the failure to submit a recertification, report causes uncertainty as to the safety of the continued occupancy of a building, the attached ordinance provides that the building official may order electrical utilities to be disconnected.

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 40 year 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.

UPDATE (April 8, 2022 LUSC)

The Administration will provide a summary on the floor at the April 8, 2022 LUSC meeting of any applicable actions during the 2022 State legislative session.