The 40-year building recertification is basically a structural and electrical safety inspection. Under Section 8-11(f) of the Building Code, owners of 40-year-or-older commercial buildings in Broward and Miami-Dade Counties must have structural and electrical safety inspections and every 10 years thereafter by a Florida registered professional engineer or architect who has the training and / or experience to do these inspections. The purpose of this safety inspection is to minimize building failure and keep people in and around the building safe. The property appraiser’s offices generates and sends out the lists to the building departments in each city and unincorporated Broward and Miami-Dade Counties. Owners then receive a notice in the mail from the building department when the re-certification is due. Owners who maintain their buildings will be in the best shape for this recertification; however, all properties need to be proactive and review the inspection forms internally prior to receiving the notice in the mail, so any repairs can be addressed in advance, which can reduce costs. You can find the forms at www.miamidade.gov and www.broward.org. For any items outside the realm of internal expertise, contact an engineer and / or contractor to assist and provide reports, plans, specifications and / or budgets.

One of the most commonly asked questions is if this inspection requires that owners bring their buildings up to current building codes? The answer is no given the cost of the repair does not exceed 25% of the assessed value of the system being repaired, i.e. railings, roof, etc. It is also contingent on the engineer and building official.
 
Once a 40-year safety inspection notice is received, building owners have 90 days to complete their safety inspections. If repairs are needed, then owners have an additional 150 days from the time notification is given in Miami-Dade and 180 days from the time the report is filed in Broward. This time frame can be extended with permits. Miami-Dade charges a $375 fee when the report is submitted. Fees vary from city to city in Broward, and owners / managers should contact their building department to get details.
 
If building owners do not comply, then a violation notice is given and the case is referred to the Unsafe Structures Unit for the initiation of condemnation proceedings. Daily fines, which can vary from city to city, may be issued along with the liability to pay all enforcement costs. Fines may quickly climb to $5,000 per day in some cities for repeat violations and owners are mandated to appear in front of the magistrate. Additionally, the building may be mandated to be vacated and demolished. If an owner is in default, they need to seek as quickly as possible an engineer with expertise in the 40-year building recertification. An attorney may also be needed.
 
There are some exemptions which include buildings under 3,500 square feet in Broward County and 2,000 square feet in Miami-Dade County. Miami-Dade also requires an occupant load of 10 or less. One- and two-family dwellings, government-owned buildings and buildings on Indian reservations are also exempt.