HomeMy WebLinkAboutOrdinance_13-23_12/14/2023 ORDINANCE NO. 13-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS, BY CREATING A NEW ARTICLE IX. STRUCTURAL
MILESTONE INSPECTIONS. TO IMPLEMENT THE STATUTORY
REQUIREMENTS FOR CERTAIN MULTI-STORY MULTI-FAMILY
RESIDENTIAL BUILDINGS PROVIDED IN SEC. 553.899, FLORIDA
STATUTES; PROVIDING DEFINITIONS; STATING INTENT AND
AUTHORITY; PROVIDING APPLICABILITY AND AREAS OF
ENFORCEMENT; PROVIDING NOTICE REQUIREMENTS;
IDENTIFYING THE TYPES OF REQUIRED INSPECTIONS; DEFINING
THE MINIMUM CONTENTS OF INSPECTION REPORTS;
DESIGNATING POSTING AND PUBLISHING REQUIREMENTS FOR
INSPECTION REPORTS; ESTABLISHING TIMELINES FOR
REPAIRS; PROVIDING FOR ENFORCEMENT; AUTHORIZING
EXTENSIONS; DESIGNATING PROCESS FOR IDENTIFYING AND
REPORTING UNSAFE STRUCTURES AND FOR CONDEMNATION
PROCEDURES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Florida Legislature passed Senate Bill 4-D (2022), amending Sec.
553.899, Florida Statutes and associated statutory sections following the 2021 collapse
of Champlain Towers in the Town of Surfside, Florida; and
WHEREAS, initial investigation into the conditions of the building at the time of the
collapse revealed a number of factors that may have contributed to the collapse, many of
which related to the diminished structural integrity of the building due to age (approx. 40
years) and design; and
WHEREAS, Senate Bill 4-D (2022), amending Sec. 553.899, Florida Statutes and
associated statutory sections imposes mandatory inspections to determine structural
integrity of structures in the State based on the type of building, height of the building,
location of the building, and age of the building; and
WHEREAS, the enactment of the Senate Bill 4-D (2022), amending Sec. 553.899,
Florida Statutes and associated statutory sections acknowledges the authority of local
building officials to regulate the process for notice, review, supervision, timing, and
enforcement of the structural milestone inspections, which would be appropriately
governed by a local ordinance for the Village of Tequesta; and
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WHEREAS, the Florida Legislature also passed Senate Bill 154 (2023) which
adopted additional amendments to Sec. 553.899, Florida Statutes regarding notice and
report requirements for structural milestone inspections on condominium or cooperative
buildings that are three (3) or more stories in height; and
WHEREAS, the Village Council has determined that the adoption of the
amendments to administrative portion of the building code in the Village of Tequesta to
address and implement milestone inspections as required by Senate Bill 4-D (2022) and
Senate Bill 154 (2023), both amending Sec. 553.899, Florida Statutes as set forth in this
ordinance serves a public purpose and is in the best interest of the public health, safety
and welfare of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT
Section 1: The foregoing recitals and findings of fact are ratified and confirmed as
being true and correct and are incorporated into this ordinance.
Section 2: Chapter 14. Building and Building Regulations. of the Code of
Ordinances of the Village of Tequesta is hereby amended by creating an entirely new
Article IX. Entitled "Structural Milestone Inspections" to require, provide procedures for,
and enforcement of, structural milestone inspections on certain buildings within the
Village, providing that Chapter 14, Article IX shall hereafter read as follows:
Chapter 14— BUILDINGS AND BUILDINGS REGULATIONS
Article IX. — STRUCTURAL MILESTONE INSPECTIONS
Sec. 14.191 — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section (Sec. 14.191), except where the context clearly
indicates a different meaning:
"Inspector" means an architect licensed under Ch. 481 Florida Statutes, or an
engineer licensed under Ch. 471 Florida Statutes, with experience in multi-story
structural design, who is specifically authorized to practice in Florida for the purpose
of conducting Milestone Inspections as that term is defined below.
"Milestone Inspection" or "Structural Milestone Inspection" means a structural
inspection of a building, including an inspection of load-bearing elements, primary
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structural members, and primary structural systems as those terms are defined by the
Florida Building Code or the Florida Statutes, whichever definition is broader, by an
Inspector as that term is defined above, or by a team of professionals with an architect
or engineer acting as a registered design professional in responsible charge with all
work and reports signed and sealed by the appropriate qualified team member; 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 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.
"Phase One Milestone Inspection" or "Phase One Structural Milestone
Inspection" means performance of (a) a visual examination of habitable and non-
habitable areas of a building, including the major structural components of a building,
including but not limited to roofing, balconies, post tension slabs and anchorage,
caulking, curtain walls, window installation, flashing, building cladding, foundations
(settlement or subsidence), and flood and storm protective measures; (b) a historical
analysis of existing construction documents, permits, inspections, and maintenance
records; and (c) a qualitative assessment of the structural conditions of the building
based on the examination and analysis of the above by an Inspector.
"Phase Two Milestone Inspection" or "Phase Two Structural Milestone
Inspection" means an inspection 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, said inspection may involve
destructive or nondestructive testing at the Inspector's direction. The Inspector may
determine the extensiveness of the inspection or the limitation of the areas of
inspection based on their experience, education, and training. 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.
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"Story" means that portion of a building included between the upper surface of a floor
and the upper surface of the floor or roof next above. A story is measured as the
vertical distance from top to top of two successive tiers of beams or finished floor
surfaces and, for the topmost story, from the top of the floor finish to the top of the
ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
"Substantial Structural Deterioration" means substantial structural distress or
substantial structural weakness 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 Inspector performing the phase one or phase two inspection
determines that such surface imperfections are a sign of substantial structural
deterioration.
Sec. 14.192 — Intent and Authority.
It is the intent of the Village of Tequesta to implement processes and regulations that
comply with statutory requirements mandating structural inspections for certain
condominium and cooperative buildings throughout the life of such buildings for the public
health, safety and welfare. The Building Official is authorized to implement and enforce
the Village's Structural Milestone Inspection Program as set forth herein.
Sec. 14.193 — Applicability, Area of Enforcement.
The requirements of this Article apply to condominium owned buildings (as defined in F.S.
§ 718.103) or cooperative owned buildings (as defined in F.S. § 719.103) as follows:
(1) For condominium or cooperative owned buildings that are three (3) stories or more
in height, due to their close proximity to salt water (as defined in F.S. § 379.101), a
Structural Milestone Inspection must be performed no later than December 31st of
the year in which the building reaches 25 years of age, based on the certificate of
occupancy issuance date (or if no certificate of occupancy is available, upon a date
evidencing building occupancy pursuant to any record held by the Building Official),
and every 10 years thereafter. If such building reached 25 years of age before July
1, 2022, the initial Structural Milestone Inspection must be performed before
December 31, 2024. If such a building reaches 25 years of age on or after July 1,
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2022, and before December 31, 2024, the initial Structural Milestone Inspection
must be performed before December 31, 2025.
(2) The condominium association or cooperative association under which the specific
building is governed or controlled, and any owner of any portion of the building which
is not subject to the condominium or cooperative form of ownership are each
responsible for ensuring compliance with the requirement for having the required
Structural Milestone Inspections performed. The condominium association or
cooperative association under which the specific building is governed or controlled
is responsible for all costs associated with all Structural Milestone Inspections
attributable to the portions of the building which the association is responsible to
maintain under the governing documents of the association.
(3) This Article does not apply to single-family, two-family, or three-family dwellings with
three (3) or fewer habitable stories above ground.
Sec. 14.194 — Procedure.
(1) Upon determining that a building is due for a Milestone Inspection, the Building
Official shall provide written notice of the required Milestone Inspection to the
applicable association and to any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership, as applicable, by
certified mail, return receipt requested.
(2) The condominium or cooperative association must notify the unit owners of the
required Milestone Inspection within 14 days after receipt of the written notice from
the Building Official, and provide the date that the Milestone Inspection must be
completed. Notice may be provided electronically to persons who consent to the
receipt of electronic submissions, or via posting to the association's website.
(3) Within 180 days after receiving the written notice, the Phase One Structural
Milestone Inspection must be completed. A Phase One Structural Milestone
Inspection consists of a visual examination of habitable and non-habitable areas of
the building, including the building's major structural components. An Inspector who
completes a Phase One Structural Milestone Inspection shall prepare and submit an
inspection report pursuant to Sec. 14.196 below. For purposes of this section,
completion of the Phase One Structural Milestone Inspection occurs when the
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Inspector who performed the inspection has submitted the required inspection report
by e-mail, United States Postal Service, or commercial delivery service to the
Building Official.
(4) A Phase Two Structural Milestone Inspection must be performed if any Substantial
Structural Deterioration is identified during the Phase One Structural Milestone
Inspection. A Phase Two Structural Milestone Inspection consists of destructive
and/or nondestructive testing at the Inspector's discretion, and shall be as extensive
or as limited as necessary to determine the building is structurally sound and safe
for its intended use. An Inspector who completes a phase two milestone inspection
shall prepare and submit an inspection report pursuant to Sec. 14.196 below. For
purposes of this section, completion of the Phase Two Structural Milestone
Inspection occurs when the Inspector who performed the inspection has submitted
the required inspection report by e-mail, United States Postal Service, or commercial
delivery service to the Building Official.
Sec. 14.195 — Reserved.
Sec. 14.196 — Milestone Inspection Reports.
(1) Submission.
Upon completion of a Phase One or Phase Two Milestone Inspection, the Inspector
who performed the inspection must submit a sealed copy of a Milestone Inspection
report with a separate summary of, at minimum, the material findings, and
recommendations in the report to:
a) The Village's Building Official; and
b) The applicable condominium association or cooperative association, which
in turn shall within 45 days after receiving the report:
i) Distribute a copy of the report to each unit owner via mail, personal
delivery, or electronic transmission; and
ii) Post a copy of report in a conspicuous place on the condominium or
cooperative; and
iii) Publish the report on the association's website; and
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c) Any other owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership
(2) Contents.
a) The Phase One Inspection report must contain or address, at a minimum,
all of the following:
i) The seal of the Inspector who performed the inspection, the written
signature or the electronic signature of the Inspector who performed the
inspection, the date(s) of each day the inspection was conducted, and the
date of the submission of the report.
ii) The association and management information for the inspected
building, including the name and contact information for the association
entity and any management company, as well as the names and contact
information for each current member of the association's board.
iii) The location address and property control number of the building, a
description of the type of construction and general characteristics of the
inspected building (including but not limited to total floor area, height,
number of stories, building footprint and other relevant characteristics), the
existence and location of construction drawings, and the construction,
maintenance, and repair history of the inspected building to the extent this
is reasonably known or ascertainable.
iv) The manner and type of inspection that was conducted and that
resulted in the generation of the report.
v) A general condition rating and any specific detail observations, along
with any recommendations for each inspection category listed in the
inspection criteria, including but not limited to: foundations, roof/roofing
systems, bearing walls, floor systems, framing systems, windows, wall
openings, railings, stairs, and balconies.
vi) Any substantial structural deterioration, along with an opinion of
reasonable professional probability based on the scope of the inspection,
describing the extent of such deterioration, and recommendations for
remedial or preventive repair work for such deterioration.
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vii) Color photographs with sufficient resolution to depict the conditions
at the time of the inspection and identify any areas in need of recommended
repairs or other remedial work.
viii) An opinion of reasonable professional probability based on the
scope of the inspection as to whether unsafe or dangerous conditions, as
those terms are defined in the Florida Building Code, were observed during
the inspection.
ix) Recommendations for remedial or preventive repair work to
observed damage which does not rise to the level of"Substantial Structural
Deterioration."
x) An overall qualitative structural assessment of the building.
xi) Identification and description of any items requiring further
inspection.
xii) An opinion of reasonable professional probability based on the scope
of the inspection as to whether a Phase Two Inspection, or other
subsequent inspections are required, necessary, or recommended.
xiii) A copy of the Certificate of Insurance specifically providing coverage
for the Inspector, and the Inspector's company.
xiv) A copy of the Inspector's Resume or Curriculum Vitae with three (3)
references from prior multi-story projects and a self-qualification letter from
the Inspector stating their professional experience with the design and
inspection of similar structures.
b) A Phase Two Inspection report must contain or address, at a minimum, all
of the following:
i) The seal of the Inspector who performed the inspection, the written
signature or the electronic signature of the Inspector who performed the
inspection, the date(s) of each day the inspection was conducted, and the
date of the submission of the report.
ii) The association and management information for the inspected
building, including the name and contact information for the association
entity and any management company, as well as the names and contact
information for each current member of the association's board.
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iii) Reference to the Phase One Inspection Report for each item
requiring additional examination.
iv) The manner and type of inspection that was conducted and that
resulted in the generation of the report.
v) Color photographs with sufficient resolution to depict the damage at
the time of the inspection and identify any areas in need of recommended
repairs or other remedial work.
vi) An opinion of reasonable professional probability based on the scope
of the inspection that grades the urgency for each required, necessary, or
recommended repair.
vii) An explanation with results of all testing that was performed during
the inspection.
viii) An opinion of reasonable professional probability based on the scope
of the inspection as to whether any additional inspections or testing is
required, necessary, or recommended, and recommended timeframes for
completing such additional inspections or testing.
Sec 14.197 — Review of the Milestone Inspection Report.
Once the report has been submitted to the Building Official, the Building Official shall
review the report to determine whether it satisfies the applicable requirements specified
in Sec. 14.196 above. If the Building Official determines that the report does not satisfy
the applicable requirements, the Inspector shall provide comments or additional
information to the report as directed by the Building Official and resubmit. The resubmittal
should be made no later than 30 days following the Building Official's direction. If the
Building Official determines that the first re-submittal still fails to satisfy the applicable
requirements, this shall be deemed a failure to submit the required Milestone Inspection
report, and shall subject the applicable association and any owner of any portion of the
building which is not subject to the condominium or cooperative form of ownership, as
applicable, to enforcement action pursuant to Sec. 14-199 below. The Building Official's
determination shall be in writing and shall be provided to the applicable association and
any owner of any portion of the building which is not subject to the condominium or
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cooperative form of ownership, as applicable, and the Inspector via certified and first-
class mail.
Sec. 14.198 — Repair plan, schedule and extensions
(1) Repair Plan
If either the Phase One Structural Milestone Inspection report or the Phase Two
Structural Milestone Inspection report contain recommendations for remedial or
preventive repair work, the applicable association and any owner of any portion of
the building which is not subject to the condominium or cooperative form of
ownership, as applicable, shall submit a plan to correct the deficiencies ("repair
plan"), which repair plan shall include a detailed proposed schedule to complete
said repairs, including a schedule for submittal of application(s) for any required
permit(s). The repair plan, including the schedule for completion of repairs, shall
be subject to review and approval by the Building Official, whose determination
may include consideration of the reasonableness of the proposed timeframe for
repairs, and the nature, seriousness and any imminent danger posed by the
deficiencies requiring correction, as stated in the report. If a Phase Two Structural
Milestone Inspection is required, within 180 days after submitting the Phase One
inspection report the Inspector performing the Phase Two Structural Milestone
Inspection must submit a Phase Two progress report to the Building Official with a
timeframe for completion of the Phase Two Structural Milestone Inspection.
(2) Implementation
Implementation of the repair plan shall commence no later than 365 days after
receipt by the Building Official of the Milestone Inspection Report, which shall be
reflected in the repair plan and schedule. Once the repairs or modifications have
been completed, an Inspector shall reinspect the areas noted on the original
Milestone Inspection Report and shall provide the Building Official and the
applicable association and any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership, as applicable, _a
signed and sealed letter stating that the repairs or modifications have all been
completed.
(3) Extensions
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The Building Official may grant extensions to either the recommended or maximum
timeframes when the totality of the circumstances justify an extension. No request
for an extension shall be unreasonably denied. The Building Official' s decision
regarding a request for an extension shall be in writing and shall be provided to the
applicable association and to any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership, as applicable, by
certified mail, return receipt requested.
If at any time the Building Official determines that structural deficiencies exist that
present an immediate danger to human life or safety, the Building Official may take
such actions determined necessary regardless of the procedural requirements or
timeframes specified in this section.
Section 14.199 — Order of enforcement
The Building Official may seek an order of enforcement from the Village's code
enforcement special magistrate should any of the following events occur:
(1) The Inspector fails to submit a required report pursuant to this Article;
(2) The Building Official determines that a report submitted by the Inspector does not
satisfy the requirements of this Article, or the Inspector fails to provide required
comments or additional information and resubmit the report within the required
timeframes;
(3) The applicable association or any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership, as applicable, fails
to submit a repair plan or have said repair plan approved; or
(4) The applicable association or any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership, as applicable, fails
to complete (subject to all required permits) any required repairs or modifications
within the schedule set forth in the approved repair plan.
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Section 14.200 — Unsafe Structures; Duty to Report; Condemnation
In the event a structure is determined to be unsafe for habitation, including but not limited
to a danger of collapse, during a Phase One Milestone Inspection or a Phase Two
Milestone Inspection, the Inspector shall notify the Building Official immediately, and the
applicable association and any owner of any portion of the building which is not subject
to the condominium or cooperative form of ownership, as applicable, within 12 hours of
the determination. The association shall notify owners based on the instruction of the
Inspector. In no event shall the notice to owners be made any later than 24 hours after
the association receipt of the notice of the unsafe condition.
Section 14.201 — Effective Date.
This Ordinance shall become effective on January 1st, 2024.
Section 3: Each and every other Section and Subsection of Chapter 14.
Buildings and building regulations. shall remain in full force and effect as previously
adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect January 1, 2024.
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ORDINANCE Date
13-23 12-14-2023
Upon Second Reading
Motion Council Member Thomas Bradford Second Council Member Rick Sartory
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young 0
Vice-Mayor Laurie Brandon Council
Member Patrick Painter Council El
Member Rick Sartory Council ❑x
Member Thomas G. Bradford El
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
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Lori McWilliams, MMC
Village Clerk