The 411 on 40 Year Inspections by Licensed Inspectors Peacock Architects

The 40 Year Safety Inspection laws were created and put into effect throughout Broward County in 2005 after the devastation of Hurricane Wilma. Wilma’s 90+ mph winds caused structural building failures and created a much bigger mess for FEMA than they were prepared for. This program was implemented to help minimize the possibility of future building failure and to better prepare owners and residents for hurricane winds and other major safety hazards. Last year, in response to the Surfside building collapse, the laws were updated again to  prevent further catastrophe.

We spoke to Cristin & Tamara Peacock all about their work with inspection laws, the recent changes, and things to do to get prepared for when your inspection time comes.

What is the 40 year inspection law?

All buildings which are 40 years old from the date of the original Certification of Occupancy must be re-certified by the Building Official every 10 years to ensure they are safe. Following the Surfside condo collapse in June of 2021 when a 12-story building collapsed, changes were made to the inspection process and recertification requirements for 2022 and beyond.

What are the new changes to the inspection laws ?

In response to the Surfside tragedy, an electrical inspection element was added to the 40 Year recertification inspection called Infrared Thermography Inspection. Building operating an electrical system greater than 400 amps now require additional thermal inspections by a Level II Thermographer.

A Level II Thermographer uses special tools to identify any thermal anomalies in the electrical system that could not be detected otherwise. Thermal anomalies include temperatures that are outside the norm or have increased and decreased significantly in a short amount of time. In the case of a 40 year recertification inspection, a Level II Thermographer is looking for alarmingly high temperatures that could signal a weakened structure. If a building’s foundation is heating up quickly, it can lead to erosion, especially in Broward County with proximity to the ocean, as salt water causes concrete further corrosion to concrete.

Another key change in the Florida building code recertification is setting the inspection date to buildings that are 30 years old, rather than 40, and every 10 years after that. Any building greater than three stories high and within three miles of the coastline must have a recertification inspection 25 years after being built and every 10 years following. Any buildings 40 years or older should continue on their established inspection schedule.

Other changes include receiving a notice of required recertification up to two years prior to the date, further investigation of a building’s foundation, and more.

What buildings are required to have a 40 year recertification?

All building 40+ years old excluding:

• One- and two-family dwellings

• U.S. government buildings

• State of Florida owned buildings

• Schools under the jurisdiction of the Broward County School Board

• Buildings built on Indian reservations

• All buildings under 3,500 square feet

How do 40 year inspections work?

The city or county building authority will tell you if you need recertification through a Notice of Required Inspection. Once you receive the notice, you have 90 days upon receipt of the notice to comply. However, you are responsible for getting an inspection even if you don’t receive a notice. Find out when your building was built and expect to receive your notice around 40 years from that date.

What do inspections include?

-Structural inspection (evaluation of roof structural members, load-bearing walls, floor structural members, and foundations)

-Electrical inspection (evaluation of electrical service, branch circuits, and conduit/raceways)

-Roofing (evaluation of roof slope, roof drainage, roof water tightness, and roof-mounted equipment supports)

-Fire Life Safety (evaluation of emergency lighting, exit signs, smoke detectors, and fire alarm systems)

-Windows (evaluation of window functionality, sealing, and other conditions which may be conducive to moisture intrusion into the structure)

For the structural portion, the inspector reviews the main structural elements that make the property sound, from the foundations and beams to the roof and columns. They’re looking for any signs of compromised structural integrity, such as cracks and signs of settlement. For the electrical portion, the inspector goes to the electrical room to examine breakers, feeders, panels, gutters, the transformer, and more.

If the inspector finds any areas that do not meet recertification requirements, you are given 60 days to hire a contractor and complete the required improvements.

What things should you do to prepare for a 40 year recertification?

Some common problems we notice that are easy to fix before the inspector arrives are:

GFI’s- Ground Fault Circuit Interrupter devices protect us from receiving electric shocks from faults in the electrical devices we use in our homes. So making sure all the bathrooms, kitchens, and water prone areas on your property have are GFI protected.

Labeling of Electrical Panels- Make sure all your electrical panels are labeled, identifying all the different circuits, and circuit breakers. There should be no open slots.

Check for Holes/Cracks in Infrastructure- If you have large holes, cracks, or even a broken window, you should make sure these are taken care of before your inspection as the entire envelope of the room/ building needs to be completely attached.

Roof Maintenance- Make sure your roof maintenance is up to date. If it isn’t, get that scheduled before your inspection.

If you do these things before your inspection, things run much smoother for both you and the inspector.

Which types of properties are most vulnerable to recertification issues?

Properties closer to the water are the most vulnerable types of buildings, because of wind speeds and salt water infiltration. As buildings settle they tend to naturally have a few cracks, once the moisture and salt get into the concrete the rebar of the building starts to pop. A few years back this was really important with waterside balconies.

Inspectors pay a lot more attention to any settlement issue after the Surfside collapse. “If there is any hint of oxidizing rebar causing the concrete to spall, we’ll take an X-ray to see if it is continuing throughout the whole building, assessing the extent of the damage,” says Cristin Peacock.

Why do clients continue using Peacock Architects for their inspections?

“The reason people like to use us for their 40 year inspections is that we communicate a repair list. We give people time to fix their own things before we submit the report to the building department. We give them a chance to bring everything up to code before so that they can nip all of their issues in the bud before the state gets involved,” says Tamara Peacock.

Is your property nearing its 40/50 Year Inspection time? Fill out our 40 Year Inspection Submission Form here. We can’t wait to hear from you!