What is the Florida Building Code?
The Florida Building Code is a set of standards designed by the US state of Florida for buildings. Many regulations and guidelines distributed are important benchmarks regarding hurricane protection. 7th Edition of the Florida Building Code by the Florida Building Code Study Commission became effective on December 31, 2020.
Is the code the same throughout the state?
No, local governments may amend requirements to be more restrictive than the statewide Code, which are subject to Commission review. All local amendments to the Florida Building Code must be adopted by local ordinance and reported to the Florida Building Commission.
For example, Miami-Dade County, which the Village of Key Biscayne is subject to, requires that all buildings, except single-family residences, duplexes, and minor structures* be recertified after 40 years or longer. *Minor structures, for the Miami-Dade County code, are buildings or structures with an occupancy load of ten or less and as having a gross area of 2,000 sq. ft. or less.
Does the Village of Key Biscayne have additional building codes?
The Village of Key Biscayne follows the State and County building codes.
How do I know if my building has been inspected and/or recertified?
Under Ch. 8-11(f) of the Miami-Dade County Code, the owner of a building that has been in existence for forty (40) years or longer is required to have the building inspected to determine the general structural condition of the building and the general condition of its electrical systems. The owner of a building must submit a written Recertification Report to the Building Official.
What is the point of the 40-year (or more) recertification?
Buildings and structures need to be continuously maintained. South Florida is subject to many natural occurrences, such as hurricanes and flooding, that impact a structure. Additionally, normal wear and tear of a structure requires maintenance. The 40-year recertification, and additional recertification every 10 years thereafter, is a safeguard to ensure that building owners maintain a structure and that the structure remains compliant with the Florida Building Code Standards that change over time.
Who can do the inspection and recreate the report?
The Recertification Report must be prepared by a Florida registered professional engineer or architect that is hired by the owner of the building or its management.
What does the report contain?
This Report certifies under the license of the professional engineer or architect that each building or structure is structurally and electrically safe for the specified use for continued occupancy.
Each page of the electrical and structural report must be signed and sealed by the engineer or architect. In addition, if there is more than one building on the property, the report should include a site plan or copy of a survey showing the location of each building. The building that is the subject of the recertification must be clearly identified on the site plan or survey submitted.
What is the Village's role in the recertification process?
The Village follows the process set forth by Miami-Dade County. As such, the Village issues notification of recertification to the ownership or management of a structure on its 40th anniversary using certified mail to ensure receipt. The structure is required to hire an engineer or architect who will conduct an inspection. Once the report by the engineer or architect is submitted, the Village audits the report for compliance per Ch. 8-11(f) of the Miami-Dade County Code.
If acceptable, the Village issues the recertification letter for the 40th year. The process is then repeated every 10 years.
If the report findings identify non-compliance per the Miami-Dade or Florida building codes, the Village requires the structure’s owner or management to complete repairs for the structure to meet recertification requirements. The engineer or architect hired by the structure’s owner or management then re-inspects the work or repairs to provide an updated report to the Village for audit.
If this does not happen, the Village may report the structure to Miami-Dade County’s unsafe structure board.
What is the Village doing to ensure that my building is compliant?
The Village coordinates with and offers support to the structure’s owner or management throughout the recertification process by sending notifications as specified by the Miami-Dade County Code.
What happens if my building does not comply with the recertification process?
Should the report findings identify non-compliance per the Miami-Dade or Florida building codes, the Village requires the structure’s owner or management to complete repairs for the structure to meet recertification requirements. The engineer or architect hired by the structure’s owner or management then re-inspects the work or repairs to provide an updated report to the Village for audit.
If this does not happen, the Village may report the structure to Miami-Dade County’s unsafe structure board.
If the hired engineer or architect that was hired by the structure’s owner or management deems the building not safe for continued occupancy, the Village is required by the Florida Building Code to declare the building unsafe and evacuate the structure immediately.
How does the county define and remediate unsafe structures?
Section 8.5 of the Miami Dade County municipal code defines unsafe structures as:
- Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, facilities with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein.
- Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein.
- Buildings which meet the physical criteria of unsafe structures set forth in this section, and are ordered to be repaired by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board, in the manner more particularly set forth below, which are not completed or repaired and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official or the Unsafe Structures Board, will be demolished.
- Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and public welfare. If the stagnant water is not removed and all repairs made and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official, then these swimming pools will be demolished.
Should a building fall into one of the above categories, the Village Building Official has the responsibility of determining its referral to the Unsafe Structures board. All scenarios are reviewed on a case-by-case basis.
Is there anything that I can do as a resident to ensure that my building is safe?
The Village encourages residents to work directly with their property manager or HOA to gain information related to the property's recertification.
For residents who would like to report something directly to the Village Building Department, please do so using the dedicated email address VKBrecert@keybiscayne.fl.gov.
In light of the recent events in Surfside, has the Village changed any of its processes related to recertification and the structural safety of buildings?
The safety of our community is very important to us, and the Village of Key Biscayne wants to ensure that building owners are doing what is needed to keep residents safe.
The Village is currently conducting a comprehensive paper audit of building certification documents and has a task force that is offering support to building owner or management to ensure that residents’ concerns are reviewed, per the Florida Building Code and the Miami-Dade Code.
