DEVELOPMENT SERVICES

201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432

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www.myboca.us

MEMORANDUM

DATE: July 16, 2021

TO: Mayor and City Council Members

FROM: Leif J. Ahnell, C.P.A., C.G.F.O.

City Manager

SUBJECT: An ordinance of the City of Boca Raton amending Chapter 19, “Buildings and Building
Regulations,” Code of Ordinances, to establish a building recertification inspection
program based on building age, including establishing criteria for buildings subject to
recertification, timeframes for the recertification of such buildings, the process and
requirements for recertification, and timeframes for repairs or modifications found to
be necessary resulting from recertification inspections, providing for remedies based
on failure to either submit a recertification inspection report or make
repairs/modifications of buildings, and establishing penalties for noncompliance with
the recertification inspection program (AM-21-05/21-92500018)
____________________________________________________________________________

RECOMMENDATION
Based on the recommendation of the Development Services Department, I recommend that the City
Council introduce and thereafter approve the accompanying Ordinance that, if approved, will
establish a building recertification program based on building age and other criteria set forth in the
Ordinance.

BACKGROUND AND ANALYSIS

The attached Ordinance was prepared to amend Chapter 19, “Buildings and Building Regulations,”
Code of Ordinances, to add a requirement for recertification of “threshold buildings,” as defined in
Florida Statutes, that are 30 years or older, and requiring subsequent recertification every ten years
thereafter. The recertification process would include inspections and reports prepared by a structural
engineer and an electrical engineer, and encompassing the structural and electrical systems of the
building, and certifying that such building is safe, or identifying any deficiencies, repairs or alterations
needed to address such deficiencies, and an estimated timeframe to complete such repairs or
alterations.
Under the proposed Ordinance, the City’s Chief Building Official would send a “Notice of Required
Inspection” to the owner of a building requiring recertification at least 365 days prior to the
recertification deadline, and the owner would be responsible for having a report prepared by the
above-mentioned structural and electrical engineers, which would be submitted to the Chief Building
Official for review to determine if the report satisfies the program’s minimum requirements. Up to three
submittals would be allowed, and if upon review of the third submittal, the Chief Building Official
determines that the report does not meet the minimum requirements, the matter would be
automatically referred to the Permitting and Construction Review Board for final determination.
Building Recertification Inspection Program
AM-21-05 (21-925000018)
Page 2

As mentioned above, the required inspection report would identify an estimated time for completion
of needed repairs or alterations. The Ordinance provides that generally, 180 days would be allowed
for completion of the required work, although a shorter timeframe may be necessary depending upon
the nature and seriousness of any deficiencies, or a longer timeframe may be approved by the Chief
Building Official as he/she may determine reasonably necessary. A denial of such a request by the
Chief Building Official would also be subject to appeal to the Permitting and Construction Review
Board.
The Ordinance includes specific requirements for the structural and electrical inspections, including
use of forensic (not just visual) inspection methods for building structural elements, and the minimum
structural and electrical components that must be evaluated. The Ordinance specifically provides that
the City may verify the use of the required inspection methods through physical inspections of the
building, including being present when the engineer is conducting such inspections.
The Ordinance authorizes the Chief Building Official to issue more specific guidelines and criteria for
the recertification inspection program process, inspections and required report. A draft of such
guidelines will be provided to the City Council prior to the public hearing on this Ordinance at its
August 24, 2021 meeting.
At this time, staff is working on creating an inventory of “threshold’ buildings that exist in the City and
will be subject to recertification upon reaching 30 years old. However, as a rough estimate, staff has
found that there are 1,080 parcels – excluding single-family and duplex properties – in the City that
include at least one building 30 years or older (some such parcels will include more than one such
building). Although many of these parcels will not include threshold buildings, without a doubt there
will be a significant backlog of buildings immediately meeting the requirements for recertification.
Therefore, the Ordinance authorizes the Chief Building Official to determine and publish a schedule
for recertification of such buildings, which shall be prioritized based on such factors as the age,
location, construction materials, occupancy load, and function of a building.
Failure to meet the requirements of the building recertification inspection program will subject the
building owner to code enforcement procedures, including imposition of fines. Additionally, where the
Chief Building Official has reason to believe that an unsafe structure exists, the Chief Building Official
maintains all power under current Code provisions to abate such unsafe structure, including requiring
repairs or, in extreme cases, requiring removal of the building.
Finally, it should be noted that there may be additional changes to the proposed ordinance between
introduction by the City Council and the public hearing for adoption.
PROCESS
The proposed amendment will require an introduction by the City Council and one (1) public
hearing.

FISCAL IMPACT
It is anticipated that any additional expenditures associated with administering this ordinance will be
offset by program fees.

Document originated by: Brandon Schaad, AICP, Development Services Director