Joining Miami-Dade and Broward Counties and in the wake of the tragic building collapse in Surfside, Florida, the Boca Raton City Council passed Ordinance 5589 Building Recertification Program at the August 24, 2021 meeting.
The ordinance would require buildings in Boca Raton that are 30 years or older to establish recertification inspections. This would apply to buildings that are four stories and include more than 400 occupants.
The ordinance would also include timeframes for recertification and repairs. The potential new law would also have penalties for buildings failing to submit a recertification plan or complete repairs.
According to the City's website, the ordinance is intended to increase building safety and revises current recertification policies and procedures.
Single family homes and duplexes are excluded, but buildings that are subject to recertification include:
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Buildings 30 years and older
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Buildings greater than 3 stories or 50 feet in height OR includes an assembly occupancy (as defined in the Florida Building Code) that BOTH:
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Is greater than 5,000 square feet, AND
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Has an occupancy greater than 500 persons
Currently, 242 buildings in the City meet the criteria for the new recertification program. Inspections for these buildings will be prioritized into four geographic zones starting with those on the barrier island and continuing west. City staff is proposing a four-year schedule to conduct inspections to evaluate the safety and structural integrity of each building.
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Zone 1 - The Barrier Island, east of the Intracoastal Waterway
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Zone 2 - Intracoastal Waterway west to Dixie Highway
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Zone 3 - Dixie Highway to west of I-95
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Zone 4 - West of I-95
The City's website describes how it is intended to work. Buildings that meet the recertification requirements will be notified by the City at least a year before their recertification deadline.
1. Once received, applicants must submit an engineering/inspection report that includes a structural and electrical report as well as any issues that are identified and actions that need to be taken to fix those problem areas.
2. The City's Building Official will review the inspection report and will determine if the report does or does not meet the requirements of the Ordinance.
3. If the report DOES NOT meet the requirements – the applicant can submit corrections up to three times, with a 30-day window each time. If the report still DOES NOT meet the requirements, the applicant is referred to the Permitting and Construction Review Board for final determination.
4. If the report DOES meet the requirements and deficiencies ARE found - the applicant has 30 days to submit a Repair Plan with a detailed proposed schedule to complete repairs and applications for any required permits. The Repair Plan will be subject to the review and approval of the Building Official.
5. If the report DOES meet the requirements and there are no issues found, the building will be recertified.
6. If the applicant fails to submit the required engineering/inspection report, the Repair Plan (where applicable) or fails to complete repairs with the Repair Plan, they will be subject to Code Enforcement violations and/or fines.
7. After the initial recertification process, buildings are subject to be recertified every 10 years.'
The City has acknowledged that, since this is a major, ongoing initiative, requirements within the Ordinance are subject to change. The City invited those with questions about the new ordinance to contact the City at (561) 393-7935 or [email protected]. If you have specific questions about how this new ordinance may affect your property, contact your association's attorney.
