40 Year Structural Inspections

40 year structural inspections are mandatory building inspections in the Florida counties of Miami-Dade and Broward. A part of the 40 year recertification program, structural inspections are required for all buildings nearing the 40 year mark. Also, subsequent inspections every 10 years after the initial 40 year inspection are mandatory for buildings (read 40-50 year recertification).

Herein, building owners or homeowners' association members are required to hire a licensed structural engineer to conduct a thorough inspection of all aspects of the building. This includes the foundation, steel framing, walls, roofing, electrical wiring, etc.

History

The 40 year recertification inspection program was introduced to Miami-Dade County for the first time in the mid-1970s. This action was taken in response to the DEA building collapse of August 1974 that claimed the lives of seven DEA agents.

In Broward County, however, the recertification scheme was introduced only in 2005 and became operative in January 2006.

Laws governing 40 year structural inspections

Both Miami-Dade and Broward counties have their own laws governing the 40 year structural inspection scheme, namely:

1. Miami Dade County Code, Section 8-11 (f)
2. Broward County Board of Rules and Appeals – Building Safety Inspection Program

Buildings included in the program

The counties of Miami-Dade and Broward require all buildings, residential and commercial, to conduct a recertification inspection. This includes buildings ranging from condominiums to corporate towers to any other structure, a 40-50 year inspection and subsequent recertification is mandatory for all.

Buildings exempted

Some structures are exempted from the mandatory inspection provision in both the counties. This includes:

1. Miami-Dade County: All single family homes sized 2000 sq. ft. or less and with ten or fewer number of occupants.
2. Broward County: All single family homes sized less than 3500 sq. ft.

Milestone structural inspections

Modeled on the 40 year recertification scheme, milestone structural inspections are a pan-Florida recertification inspection regulation.

First introduced to the Florida Legislature as Senate Bill 4D, the milestone structural inspection regulation became effective on May 26, 2022 after being signed by Governor Ron DeSantis. This action was taken in response to the Surfside Condominium Collapse of June 2021 that claimed 98 lives and led to calls for stronger building safety laws.

Also called the 30 year recertification inspection law of Florida, the milestone inspection scheme includes the following:

1. A 30-10 year recertification inspection for all buildings 3 stories or higher.
2. A 25-10 year recertification inspection for all buildings 3 stories or higher built within three miles of coastline.

Note: Buildings with Certificate of Occupancy issued on July 1, 1992 or before need to complete milestone inspection before December 31, 2024.

New 30-10 year recertification inspections in Miami-Dade

Taking cues from the pan-Florida inspection regulation, Miami-Dade county brought about changes to its own 40 year structural inspection scheme.

The major changes to the old inspection scheme include:

1. 30 year recertification inspection for all structures instead of 40 years.
2. 10 year inspections subsequent to the initial 30 year inspection.
3. Two year advance notice for recertification.

Note: Buildings are allowed to conduct inspections and revise an inspection report two years in advance. Also, the advance inspection report will be valid for 30-10 year recertification.

Buildings exempted from 30 to 10 year recertification in Miami-Dade

1. Structures built between 1983 and 1986 with 40 year recertification due before December 31, 2024.
2. Single family homes sized 2000 sq ft or less and with 10 or less occupants.

Note: Structures built between 1983 and 1992 with 30 year recertification due before December 31, 2024 are not exempt from the new regulations.