Building fire and life safety compliance requirements for condominium buildings has gotten more complex in recent years; especially for those who own and manage older high-rise condominiums. Two Florida state-mandated safety compliance measures must be met by owners and management companies in the next few years.
Florida Milestone Inspection Law
The most recent and highly publicized of the two requirements is the milestone inspection law that was passed as a result of the tragic collapse of the Champlain Towers high-rise condo in Surfside, Florida on June 24th, 2021. As a result of this tragedy, the Florida legislature enacted a law in 2022 that mandates that each condominium building three stories and taller must undergo a Phase 1 milestone structural and life safety inspection periodically, and then a second more advanced Phase 2 inspection if significant structural impairments are detected in the initial phase 1 inspection.
Specifically, the Florida legislature enacted a law in 2022 that mandates that each condominium building three (3) stories and taller must undergo a Phase 1 milestone structural and life safety inspection. The Phase 1 milestone inspection consists of a structural and life safety inspection of the condominium building, including its load-bearing walls and primary structural systems, by a licensed engineer. Its purpose is to confirm the life safety and adequacy of the building’s structural components and determine its general structural condition as it affects occupant safety, as well as to evaluate the buildings basic life safety and fire protection systems such as the fire sprinkler system, fire alarm system, smoke control system (when applicable), egress/exiting features, etc.
A second more advanced Phase 2 inspection is required if significant structural impairments are detected in the initial Phase 1 inspection. Condominium associations are required to have milestone inspections performed for each building by December 31st of the year in which the building reaches 30 years of age, and every 10 years thereafter. If the building is located within three miles of a coastline (direct contact with the open sea), a milestone inspection is required by December 31st of the year in which the building reaches 25 years of age, and every 10 years thereafter.
If the building meets the requirements for a milestone inspection and/or the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024.
Fire Sprinkler Retrofit Compliance
The second, and sometimes overlooked, unique safety compliance requirement for Florida condominiums is the fire sprinkler retrofit requirement, which only applies to unsprinklered high-rise condominiums.
These unsprinklered high-rise condominiums are primarily buildings built from 1960-1985 in south Florida, although there are some stock of these buildings in central Florida, north Florida, and the panhandle. Per the Florida Fire Prevention Code (FFPC), all high-rise condominiums shall be protected throughout by an approved automatic sprinkler system. This includes all common areas, corridors, and residential units. However, according to the FFPC, an automatic sprinkler system shall not be required in buildings having an approved, engineered life safety system (ELSS). The ELSS approach was developed because a complete retrofitted sprinkler system is not always practical to install in an existing building, although it is preferable in terms of life safety and property protection for occupants. An ELSS typically consists of upgrading existing life safety systems, and implementation of new life safety systems, such as partial automatic sprinkler protection, fire alarm systems, smoke control systems, and passive fire-rated features in lieu of providing an automatic sprinkler system throughout the building.
The deadline for high-rise condominiums to retrofit the condominium with an automatic sprinkler system, or an ELSS, is January 1st, 2024.
What Condo HOAs and Managers Should Do
From VERTEX’s experience performing safety audits at dozens of condominiums, we’ve found that the most important aspect of successfully addressing these safety compliance measures is starting early. Condominium boards and management companies who coordinate their efforts in a timely matter will reap the following benefits:
- Finding skilled, experienced engineers and contractors
- Find a workable solutions to reach compliance
- Minimize the compliance impact on the owners
Florida has over 1.5 million condominium units according to Community Associations Institute, and these deadlines are approaching. Do not wait until the last minute.
