Milestone Inspection: Florida Statute SB-4D

Senate Bill 4-D (SB-4D), also known as the Building Safety Act, was passed by the Florida Legislature in May 2022 in response to the Champlain Towers South condominium collapse in Surfside. The law establishes a statewide inspection program for condominium and cooperative associations with three or more stories in height.

One of the key requirements of SB-4D is the milestone inspection. A milestone inspection is a structural inspection of a building performed by a licensed architect or engineer. The inspection must be conducted when a building reaches:

  • 25 years of age, based on the date the certificate of occupancy for the building was issued; or

  • 30 years of age, based on the date the certificate of occupancy for the building was issued, if the local enforcement agency determines that local circumstances, such as proximity to salt water, require a more frequent inspection.

The milestone inspection must include a visual inspection of the building's primary structural members and systems. The inspector must also identify any substantial structural deterioration that negatively affects the building's general condition, integrity, or life-safety of occupants.

The milestone inspection report must be submitted to the local enforcement agency and to the condominium or cooperative association. The association must then provide a copy of the report to all unit owners and renters.

SB-4D also requires condominium and cooperative associations to perform structural integrity reserve studies. A structural integrity reserve study is an analysis of the building's structural condition and the estimated costs of future repairs and replacements. The study must be updated every 10 years.

The passage of SB-4D is a significant step towards improving building safety in Florida. The milestone inspection and structural integrity reserve study requirements will help to ensure that condominium and cooperative associations are aware of the structural condition of their buildings and are taking steps to maintain them in a safe condition.

In addition to the milestone inspection and structural integrity reserve study requirements, SB-4D also includes a number of other provisions aimed at improving building safety, such as:

  • Increased financial responsibility requirements for condominium and cooperative associations

  • Increased transparency requirements for condominium and cooperative associations

  • Enhanced enforcement powers for local enforcement agencies

SB-4D is a complex law with a number of important requirements. Condominium and cooperative associations should consult with an attorney to ensure that they are in compliance with the law.

Here are some additional details about the milestone inspection requirements under SB-4D:

  • The inspection must be performed by a licensed architect or engineer who is registered in Florida.

  • The inspection must be completed within 180 days after the association receives a written notice from the local enforcement agency.

  • The inspection report must include the following information:

    • A description of the building's primary structural members and systems

    • The results of the visual inspection

    • Any findings of substantial structural deterioration

    • Recommendations for repairs or replacements

  • The association must provide a copy of the inspection report to all unit owners and renters.

The milestone inspection requirements under SB-4D are an important part of the state's efforts to improve building safety. By ensuring that condominium and cooperative associations have their buildings inspected regularly, the law helps to prevent tragedies like the Champlain Towers South collapse from happening again.

If you live in a condominium or cooperative association in Florida, it is important to be aware of the milestone inspection requirements under SB-4D. If your association has not yet had its milestone inspection performed, you should contact the association board to inquire about the status of the inspection.

Florida Statute SB-4D Requirement Summary

Buildings subject to milestone inspections: Condominium and cooperative associations with three or more stories in height.

  1. Age at which milestone inspection is required:

    1. 25 years of age, based on the date the certificate of occupancy for the building was issued; or

    2. 30 years of age, based on the date the certificate of occupancy for the building was issued, if the local enforcement agency determines that local circumstances, such as proximity to salt water, require a more frequent inspection.

  2. Who performs the milestone inspection: A licensed architect or engineer who is registered in Florida.

  3. What is included in the milestone inspection:

    1. A visual inspection of the building's primary structural members and systems.

    2. Identification of any substantial structural deterioration that negatively affects the building's general condition, integrity, or life-safety of occupants.

    3. Recommendations for repairs or replacements.

  4. Where is the milestone inspection report submitted:

    1. To the local enforcement agency and to the condominium or cooperative association.

    2. The association must then provide a copy of the report to all unit owners and renters.

  5. Timeline for completing the milestone inspection:

    1. Within 180 days after the association receives a written notice from the local enforcement agency.

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