Article Courtesy of The St. Petersburg Times

By BILL VARIAN

Published July 5, 2007

TAMPA - Residential condo owners are feeling the same hits from skyrocketing insurance and tax bills as other people who own property.

Now they may face another claim on their wallets if they live in buildings 75 feet or taller: A requirement that those buildings have a backup generator capable of running an elevator and access to enough fuel to power them.

The cost: anywhere from $45, 000 to $75, 000 per building, according to some estimates.

The law, passed in 2006, requires that the generators be in place by the end of the year and that condo managers at least have contracts with a fuel supplier to keep them running. But with the deadline looming, even state officials acknowledge there is confusion over whether the law applies to all condos and residential buildings or just to new ones.

Existing language in the statute that was changed by the 2006 legislation exempts buildings built or under construction on or before Oct. 1, 1997, which appears to be an oversight, say those who followed passage of the bill. It also gives no state agency the power of enforcing the new requirement and carries no penalties for noncompliance.

That leaves lawyer Richard A. Zacur, who represents several condo associations in high-rise buildings in Pinellas County, wondering what advice to give.

"It's one of those things where you don't know what to tell your clients, " Zacur said. "If you tell them the wrong thing and they spend a bunch of money, they're not going to be happy."

Zacur has contacted several state agencies without success in finding an answer. The St. Petersburg Times undertook the same exercise and got similarly unclear guidance.

"It looks like there are some elements to the enforcement that need to be tightened up with this, " said Mike Stone, a spokesman for the Florida Division of Emergency Management.

Jim Richmond, deputy general counsel for the Department of Community Affairs, which includes the Florida Building Commission, agreed that the intent of the legislation is unclear. He said a bill to extend the deadline for compliance this year died before getting a full hearing.

"I can certainly confirm that there's been a great deal of confusion, " Richmond said. "Unfortunately, the bill did not really assign any agency to enforce the requirement or even clarify the intent."

The generator requirement was part of a larger bill dealing with emergency preparedness pushed by then-Gov. Jeb Bush in the wake of the active 2004 and 2005 hurricane seasons. Storms then left elderly or infirm residents trapped in their apartments for days after power outages.

Language requiring backup generators for residential towers - those generally seven stories or taller - require that building managers have enough fuel to keep an elevator and hallway lighting running for several hours in each of the five days following a natural disaster. Rather than install a fuel tank for propane, building managers can enter a contract with a fuel provider to comply.

But the language is now imbedded in a section of state law regarding building construction standards that exempts older buildings.

That was not the intent of the many legislators who sponsored the bill, said Travis Moore, a government affairs consultant for Communities Associations Institute, a statewide group that provides educational training and support to condo associations. He suspects that the Legislature will ultimately fix the glitch and put some agency in charge of enforcing it.

He recommends that condo associations seek to comply with the requirement.

"We're advising all of our clients, just for the safety of it, that all high-rises need to be addressing it, " Moore said. "Even though they may not legally be required to comply, it may be something they want to just for public safety."

It is not clear how many condos in the Tampa Bay region would be affected by the requirement. Sean Costis, a lawyer in Zacur's law firm, said as many as 80 percent of the high-rise condos in the region are 10 or more years old.

Some of those may already have backup generators. That was the case at Monte Carlo Towers, built in 1982 on Bayshore Boulevard in Tampa, said Sharron Dube, its licensed community association manager. Her association simply had to get an agreement signed with a fuel supplier.

"Most high-rises already have a backup generator and a supply of fuel, " Dube said. "Some of them just not to the level required by law.

Zacur said that is not so for all condominiums, including some of his clients. He said many associations would prefer to have the opportunity to let owners vote on whether to install a generator, given the cost.

Asked what he would advise owners of high-rise residential buildings, Richmond, the attorney with the Department of Community Affairs, demurred.

"I'd pretty much tell them to consult with their attorney and get an opinion they're entitled to rely on, " he said.

Fast Facts:

Backup power

The law: Multifamily residential buildings, including condominiums, must have backup generators capable of running at least one elevator and emergency lighting in common areas for several hours in each of the five days following a natural disaster. That includes arranging for fuel to power the generator.

Cost: By some estimates, from $45, 000 to $75, 000, depending on the size of the building.

Deadline: Dec. 31, 2007.