Four months after the
Surfside condo building collapse, Florida is just getting
started on the long path toward shoring up its building laws
to ensure people stay safe.
Contractors have moved to improve old buildings across South
Florida. Inspectors have evacuated residents from their
deteriorating apartments for safety. New databases were
created to keep the public better informed about the age of
their condo buildings — and highlight the need for
inspections. Some officials have called it progress, while
noting that enough hasn’t been done yet.
“While the vast majority of condos probably are well-managed
and well-maintained, it’s all left to chance,” said William
Sklar, a West Palm Beach-based condominium lawyer. Sklar
served as chairman of a Florida Bar task force that
concluded the state needs to make sweeping changes to its
condo laws. “There is no data saying how many have these
problems, such as Champlain Towers South. And that is
unacceptable.”
The beachside Champlain Towers South collapsed on June 24,
killing 98 people. Here’s a look at the building-safety
initiatives taken so far across South Florida and beyond,
and what’s next to come.
Broward County
Broward County is currently in a wait-and-see mode as it
awaits the findings of the investigation into what caused
the Surfside collapse, said Dan Lavirich of Broward County
Rules and Appeals, which oversees building codes in Broward.
“There’s been no information that’s come out from the
investigators,” Lavrich said. “If you don’t know what the
problem is, how do you solve the problem?
“Everyone says, ‘What are you going to do?’ When we find out
what happened and why it happened, we’ll take appropriate
action. Until then, we’ll continue what we’ve done,” he
said, noting the county’s building inspection program, which
was created in 2006.
That program requires structural and electrical safety
inspections for condo buildings every 40 years. Inspections
are carried out every 10 years, and building owners must
make corrections on any issues that are found.
But Sklar, the condo lawyer, says policies are way too lax
for the 1.5 million condominiums in Florida — 60% of which
are more than 30 years old.
To illustrate the changes that should be made, Sklar used
the acronym “TRIM” — transparency, reserves, inspection,
maintenance. Instead of waiting 30 years for inspections,
the Florida Bar report recommends inspections every five
years by structural engineers. Additionally, it’s
recommended that building inspection reports be shared with
all unit owners and that condominiums ensure they have
proper funding for regular building maintenance.
“We’ve heard of situations where presidents of associations
have taken engineering reports that said, ‘Imminent roof
failure, rebar blowouts,” and they sat on it,” Sklar said.
“They wouldn’t even let the other board members know about
it. Never mind the unit owners.”
“That is an abuse. That is a breach of duty.”
Palm Beach County
Palm Beach County hopes the state could take the issue out
of their hands. On Tuesday, the county decided to postpone
making any sweeping changes in the hopes the state will pass
new building codes when the state Legislature reconvenes in
January. State legislators are reviewing the Florida Bar’s
report and considering which measures to put into potential
bills, Sklar said.
The county has held off on sweeping changes, hoping the
state “will take the lead.” Currently, Palm Beach County
inspectors approve new buildings, then inspect them again if
someone files a complaint or alerts them of potential unsafe
buildings. Unlike other counties’ policies, Palm Beach
County doesn’t require buildings to automatically undergo
structural and electrical safety inspections for condo
buildings that reach 40 years old.
The county still may move forward with changes: The building
department has spent the past three months crafting a new
policy for inspections and recertification. One proposal
would require safety inspections of buildings 25 years or
older and east of Interstate 95.
At the direction of the County Commission, the department
began identifying all buildings that are three stories or
taller. Building Department Director Doug Wise identified
1,500 buildings that fit that criteria, including nearly 900
that are 30 years or older.
Wise, however, said re-inspecting and recertifying that many
buildings would a “big reach for us,” adding that the
department is short-staffed and “challenged to fill vacant
positions.”
Boca Raton opted not to wait for the county or the state,
however. In August, the city enacted a rigorous new building
inspection for the city. The ordinance requires safety and
structural inspections for every building older than 30
years.
The city is in the process of hiring between three to five
engineers to help beef up the department for the enhanced
inspection process, City Councilman Andy Thomson said.
Boca Raton is currently prioritizing buildings by the ocean
and Intracoastal Waterway, where saltwater corrosion could
be an issue, Thomson said. Buildings will be required to
carry out their own inspections and submit the reports to
the city. The plan is for the process to begin by the
beginning of next year.
Miami-Dade County
After the Surfside collapse, Miami-Dade has taken an
aggressive approach in targeting unsafe buildings. The
county has already evacuated a number of buildings that have
been deemed unsafe due to structural issues. Among the
evacuations were a 138-unit condo in Miami and two-story
condo in Bay Harbour, and the county also closed the top
floors of the 28-story Miami-Dade County Courthouse for
repairs in July.
Miami-Dade also has a policy in which structural and
electrical safety inspections are required every 40 years
for condo buildings. Miami-Dade County Commissioner Raquel
Regalado, chair of a subcommittee discussing changes to
building inspection policies, said the county has already
enacted a number of measures after consulting with
engineers, insurance companies and attorneys.
The county is currently collecting inspection information
for 40-year-old buildings and plans on posting it on the
Property Appraiser’s website to increase transparency for
residents.
“One of the big issues we’ve had is homeowners were calling
their respective building departments and asking for these
inspections and now we can tell them to go to this website
[for details on inspections and violations],” Regalado said.
Miami-Dade also has approved a plan that all affordable and
workforce housing projects provide a maintenance plan for
financial reserves so there’s enough money “20 to 50 years
from now” for buildings to perform regular and proper
maintenance.