Understanding the Senate Bill 4D (SB4D) Building Safety Law

The state of Florida recently passed Senate Bill 4D (SB4D), a comprehensive legislation aimed at improving building safety and maintenance standards throughout the state. The new law encompasses significant provisions related to roofing system repairs, building safety inspections for condominium and cooperative association buildings, and the funding of reserves for continued maintenance and repair of such structures.

The most notable change introduced by SB4D relates to roofing system repairs. Under the previous Florida Building Code - Existing (FBC-E), no more than 25 percent of the total roof area or roof section of any existing building could be repaired, replaced, or recovered within a 12-month period unless the entire roofing system conforms to the current code requirements. With SB4D, this requirement has been revised to state that when 25 percent or more of a roofing system or roof section undergoes repair, replacement, or recovery, only that portion needs to comply with the current Florida Building Code in effect at the time of the work. This provision applies exclusively to roofing systems built, repaired, or replaced in accordance with the 2007 Florida Building Code or subsequent editions.

The bill also emphasizes building safety inspections for condominium and cooperative association buildings. Structures that are three or more stories in height are now mandated to undergo a "milestone inspection" of their structural integrity when they reach either 30 years of age and every 10 years thereafter or 25 years of age and every 10 years thereafter if located within three miles of a coastline. Additionally, the bill sets requirements for the content of milestone inspection reports and imposes obligations on associations, local enforcement agencies, and inspectors regarding reporting and compliance.

Another critical aspect of SB4D focuses on the funding of reserves for the ongoing maintenance and repair of condominium and cooperative buildings. The law requires that these associations to conduct a structural integrity reserve study every 10 years for each building three stories or higher in height. This study includes a visual inspection and assessment of the remaining useful life and estimated replacement cost of key structural elements, such as the roof, load-bearing walls, floor, foundation, fire protection systems, plumbing, and other items with significant deferred maintenance or replacement costs.

Additionally, the bill defines that the visual inspection must be performed by a licensed engineer or architect, while other components of the structural integrity reserve study may be carried out by any qualified individual or entity. It also establishes specific deadlines for existing associations controlled by non-developer unit owners to complete the structural integrity reserve study by a Reserve Specialist.

Overall, SB4D represents a significant step forward in safeguarding building safety and promoting responsible maintenance practices in Florida. By implementing these measures, the state aims to enhance the longevity and structural integrity of buildings, thereby ensuring the safety and well-being of residents and property owners.

SB4D Exceptions

SB4D does not apply to single-family, two-family or three-family buildings with two or fewer habitable stories above ground.

SB4D Milestones and Reserves

SB4D requires condominium and cooperative associations to have their buildings inspected for structural integrity at certain milestones. The milestones and reserves for SB4D are as follows:

• Milestone Inspection: A milestone inspection is required for buildings that are three stories or higher in height when the building reaches:
• 30 years of age and every 10 years thereafter, or
• 25 years of age and every 10 years thereafter if the building is located within three miles of a coastline.
• Structural Integrity Reserve Study: A structural integrity reserve study is required for buildings that are three stories or higher in height every 10 years. The study must assess the structural integrity of the building and recommend the amount of reserves that should be set aside to fund future repairs and maintenance.

The reserves that are required for SB4D are based on the findings of the structural integrity reserve study. The study will recommend the amount of reserves that should be set aside to fund future repairs and maintenance. The association must then set aside those reserves in a separate accounts based on the needs of the components in the building.

The SB4D milestones and reserves are designed to help condominium and cooperative associations maintain their buildings in good condition and avoid major financial problems in the future. By having their buildings inspected at regular intervals and setting aside adequate reserves, associations can help to ensure that their buildings are safe and sustainable for years to come.

Here are some additional things to keep in mind about the SB4D milestones and reserves:

• The initial milestone inspection for buildings that were issued a certificate of occupancy on or before July 1, 1992, must be completed by December 31, 2024.
• The structural integrity reserve study must be completed by the association's board of directors.
• The reserves must be held in a separate account that is not commingled with other association funds.
• The reserves must be used only for the purposes of repairing or maintaining the building as identified by the Reserve Specialist.
• The association must provide unit owners with an annual report that includes information about the reserves.

How Intertek can Help with SB4D

Choose Intertek for SB4D Compliance

At Intertek, we provide you with peace of mind by assisting you throughout the Florida SB4D compliance process. With our extensive experience, local know-how, customized inspections, and cutting-edge technology, we ensure your building meets the highest safety standards. Trust our team of experts to guide you through these new regulations and secure a safer future for your property.

Experience, Expertise, and Technology

With over 50 years of experience in forensic investigations and assessments, our forensic specialist and licensed engineers are well-equipped to interpret and comply with the evolving provisions of Florida SB4D. We have a profound understanding of building failures and utilize this knowledge to conduct thorough and accurate milestone inspections, prioritizing safety above all.

Our Local Expertise: Having been present in Florida for over four decades, we possess in-depth knowledge of local regulations and can assist you in navigating your way through the recertification process.

Tailored Inspections - we understand that every building is unique, which is why our approach is bespoke to suit your specific structure. Our team includes specialists in various building types, such as concrete, masonry, steel, and wood, ensuring a personalized and focused inspection process. Our use of advanced tools and techniques allows us to assess structures comprehensively, detect deterioration, and accurately estimate repair extents. Some of the technology we employ includes photogrammetry, ground penetrating radar, ultrasonic testing, drones and more.

In-House Repair & Retrofit Capabilities: As both designers and investigators, we can seamlessly integrate our findings into repair and retrofit designs, saving you time and ensuring a safe and cost-effective resolution.

SB4D Steps and Deadlines

Phase-One Milestone inspections – For Florida SB 4-D

1. Team of Professionals: Milestone inspections may be conducted by a team of professionals, wherein a Florida-based architect or engineer assumes the role of the design professional responsible for overseeing the inspection work. The reports generated during the phase-one milestone inspection shall be signed and sealed by the respective team members involved in the assessment.
2. Visual Inspection of Primary Structural Members and Systems: The phase-one milestone inspection shall entail a thorough visual examination of the primary structural members and systems of the building. This inspection will focus on identifying any signs of substantial structural deterioration that could adversely affect the building's general condition, structural integrity, or the life-safety of its occupants.
3. Identification of Unsafe or Dangerous Conditions: The inspection team will diligently document any unsafe or dangerous conditions observed during the phase-one assessment. These observations are critical for the building's occupants' safety and to ensure necessary remedial actions are taken promptly.
4. Determination and Recommendations: The inspection report will provide a comprehensive analysis of the building's structural components. It should clearly identify any items that require further inspection beyond the scope of the phase-one assessment. Additionally, the report will include recommendations for necessary maintenance, repair, or replacement of structural components based on the findings.
5. Association's Responsibility for Costs: As per the governing documents, the responsibility for the costs associated with maintenance, repair, or replacement of structural components identified during the inspection rests with the association. However, it is important to note that not all costs arising from the inspection will be borne by the association, but rather limited to those specified in the governing documents.

These updates aim to enhance the effectiveness of phase-one milestone inspections in Florida, ensuring the identification and timely addressing of structural issues to safeguard building occupants and maintain the overall integrity of structures.

Florida SB4-D Phase-Two Milestone

1. Phase-Two Inspection Requirements: If, after a Florida-licensed engineer or architect performs a phase-one inspection, and it is determined that further evaluation is necessary, a phase-two milestone inspection shall be conducted. This phase-two inspection may involve various assessment techniques, such as materials testing, probing or removal of finishes, or non-destructive testing like ground penetrating radar.
2. Comprehensive Inspection Report: Following the phase-two milestone inspection, the engineer or architect shall provide a detailed report. The report should describe the manner and type of inspections conducted during the phase-two assessment. It must also explicitly state whether any unsafe or dangerous conditions were observed during the inspection process. Moreover, the report must identify and describe the extent of any substantial structural deterioration found within the building. Finally, the engineer or architect should provide clear recommendations for necessary maintenance, repairs, or replacement of structural components as deemed appropriate.
3. Timelines for Repairs: Building owners or responsible parties are required to address the recommended maintenance, repairs, or replacements of structural components within a timeframe set by the municipal authority. Based on the severity of the findings and the urgency of repairs, this timeline will be specified in the inspection report. However, in all cases, required repairs should be initiated within one year of the phase-two inspection report submission.
4. Safety Assessment by Municipal Authority: Failure to initiate the required repairs within the specified one-year timeframe from the phase-two inspection report submission will prompt the municipal authority to conduct a safety assessment of the building. This assessment will be conducted to determine whether the building is safe for continued occupancy or if further action is necessary to safeguard its occupants and the public.

These updated provisions aim to ensure the safety and structural integrity of buildings in Florida. By mandating comprehensive inspections and timely repairs, the legislation seeks to reduce potential risks posed by structural deterioration and unsafe conditions in buildings across the state.