Milestone I, Milestone II, and SIRS
The importance of Milestone Inspections stems from the unique challenges posed by Florida’s climate and environment. The state’s coastal location exposes buildings to the harsh effects of salt air, humidity, and storms, which can accelerate the deterioration of structural components.
These factors underscore the critical need for regular inspections to identify and address potential hazards before they escalate into major structural problems.
FLORIDA STATUTE 553.899
Florida law now requires Milestone inspections for any building defined as a residential condominium or cooperative that is three stories or more in height and 30 years in age. These inspections are intended to ensure that buildings are structurally safe.
In July, 2022, Florida enacted a new law, Florida Statute Section 553.899, designed to ensure the structural safety of condominium and cooperative buildings that are three stories or more in height. The statute was modified and clarified in July, 2023. As part of the new law, all condominium and cooperative buildings that are three stories or more in height and 30 years of age, or older, must have a Milestone I and possibly Milestone II, inspection(s) by December 31st of the year in which the building turns 30 years of age.
The statute requires that the inspections be performed by a licensed architect or engineer, or by members of a team working under the supervision of the licensed architect or engineer.
At a minimum, the Milestone inspection(s) must include a visual inspection of the building’s primary structure and exterior building components as well as a review of the building’s maintenance records. The statute also requires Milestone Inspections to be done every 10 years thereafter.
The Milestone Inspections must identify any structural defects or damage to the building and recommend any necessary repairs or improvements. Depending on the result of the Milestone I Inspection, a more comprehensive Milestone II Inspection may be required. Milestone II Inspections require destructive testing based on the existing degradation of the building.
As a response to the legislation, the Florida Building Commission developed a report to address the minimum inspection and reporting requirements for Milestone inspections.
If you are a condo or co-op owner, it is important to be aware of these requirements and to make sure that your building is properly maintained and inspected. By doing so, you can help to ensure the safety of your building and its residents.
In addition, all condominiums and cooperative buildings with three or more stories that are 30 years old or older must have a Structural Integrity Reserve Study (SIRS) conducted on the same schedule as Milestone inspections
Some additional considerations to keep in mind!
• For condominium and cooperative buildings that are three stories or more in height that reached 30 years of age on or before July 1, 2022, the initial Milestone inspection must be performed before December 31, 2024. For buildings that reach 30 years of age on or after July 1, 2022 but before December 31, 2024, the building’s initial Milestone inspection must be performed before December 31, 2025. If a building reaches 30 years of age after December 31, 2024, the Milestone must be completed by December 31 of the year in which the building reaches 30 years of age. The local enforcement agency may determine that local circumstances, including environmental conditions such as proximity to salt water, require that a milestone inspection must be performed by December 31 of the year in which the building turns 25 years of age (and every 10 years thereafter.) You will be notified by the local enforcement agency if your building requires a 25 year Milestone inspection.
• The SIRS and Milestone Inspection(s) must be paid for by the condominium or cooperative association.
• The association must keep the SIRS and Milestone inspection reports on file for future reference.
• Deadlines in the 2023 statute are:
- Associations must notify unit owners of the required milestone inspection within 14 days after receiving notice from local enforcement agency that milestone is required; 553.899(5);
- Phase one of milestone inspection must be completed within 180 days after the association receive written notice of the need for an inspection; 553.899(7)(b)
- If phase two inspection is required, within 180 days after submitting the phase one inspection report, the architect or engineer must submit a phase 2 progress report to the agency with a timeline for competition of phase 2 report. 553.899(8);
- Within 45 days after receiving the inspection report, the association must distribute a copy to all unit owners (and post in conspicuous place on property and on website, if association has one) 558.899(9);
- A board of county commissioners or municipal governing body may adopt an ordinance requiring an association commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency has received a phase 2 inspection report, “however, such repairs must be commenced within 365 days after receiving such report.
• The Milestone inspections are required by Florida law for all condominium and cooperative buildings that are three stories or more in height and 30 years of age. Inspections must be conducted by a licensed architect or engineer, or a team of inspectors who are supervised by a licensed architect or engineer.
• The inspections are the responsibility of the condominium or cooperative association, not the individual unit owners.
• The association should hire a structural engineering professional to perform the inspections, as Architects don’t typically have the experience to evaluate structural integrity.
• The inspections can be expensive, but they are a worthwhile investment to protect the safety of the building and its residents. Repairs today are cheaper than in the future and can minimize future degradation.
• The inspection reports must be submitted to the local building department and to the condominium or cooperative association.
• The local enforcement agency may extend the date by which a building’s initial milestone inspection must be completed upon a showing of good cause that the inspection cannot be timely completed IF the association has entered into a contract with an architect or engineer to perform the inspection and the inspection cannot reasonably be completed before the deadline.
• The local enforcement agency may accept an inspection report prepared by a licensed engineer or architect for a structural integrity and condition inspection of a building performed before July 22, 2022 if the inspection and report substantially comply with the requirements of a milestone inspection.
• If the local enforcement agency determines that a building must have a milestone inspection, the local agency must provide written notice of such requirement to the association.
• A Milestone I inspection must be completed within 180 days of the date the association receives written notice from local agency that the building is subject to a Milestone I inspection.
• If any substantial structural deterioration is identified during the Milestone I inspection, a Milestone II inspection and report is required am is identified during the Milestone I inspection,
What happens if inspection deadlines are not met?
• The condominium or cooperative association could be fined for each day the inspection is late if deadlines are not met.
• The association could be held liable for any injuries or damage that occur as a result of the building’s structural damage and degradation.
• The association’s board members have a fiduciary responsibility to make sure that Florida Statute section 553.899 is followed. If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to s. 553.899, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners as described in s. 718.111(1)(a).
• The association could be forced to close the building until the inspections are completed.
• In addition, the failure to perform the inspections could make it more difficult, or impossible, to obtain adequate insurance for the building.
Conclusion
The Florida Legislature passed Senate Bill 4D in 2022 in response to the collapse of the Champlain Towers South condominium building in Surfside. The bill amended Florida statute 553.899 to require mandatory structural inspections for condominium and cooperative buildings that are at least three stories tall and have been in existence for at least 25 years (up to 3 miles from coast) and 30 years (over 3 miles from coast). The inspections must be conducted by a licensed professional engineer or architect and must include a review of the building’s structural components, such as the foundation, columns, beams, and slabs. In addition, the building envelope and attachment to the building must be addressed. We recommend hiring a structural engineer.
The statute also requires that the association of unit owners or cooperative corporations develop a Structural Integrity Reserve Study (SIRS) and fund a reserve account to pay for repairs and maintenance identified in the study. The SIRS must be updated every 10 years.
It is important to consult with a professional structural engineer when making decisions about the processes set forth in Florida statute 553.899. A professional structural engineer has the training and experience to assess the structural integrity of a building and to recommend the necessary repairs and maintenance.
Taylor Forensics & Engineering, LLC. is a professional engineering firm that has extensive experience in structural and forensic engineering. We have a team of engineers and technicians who are experts in assessing the structural integrity of buildings and in developing SIRS. We can help you navigate the complex requirements of Florida statute 553.899 and ensure that your building is safe and properly maintained.
