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    Duty of Design Professional to Report Results of Building Recertification

    Building recertification is often discussed as if it were a scheduling issue: receive the notice, hire the engineer, submit the report, and move on. In practice, the process carries a more serious professional responsibility. When an architect or engineer evaluates an existing building under a recertification or building safety inspection program, that professional is not only documenting conditions. In some cases, the professional also has a duty to report findings that affect continued occupancy, life safety, or the need for immediate action.

    That distinction matters in South Florida. Owners and associations are dealing with a patchwork that includes Miami-Dade’s recertification framework, Broward’s Building Safety Inspection Program, and the statewide milestone inspection law for certain condominium and cooperative buildings. The trigger dates and procedures are not identical, but one principle remains consistent: once a licensed design professional identifies conditions that may endanger people or property, the obligation to report those findings becomes part of the job.

    Why this duty matters

    Older buildings in coastal environments rarely deteriorate in a neat, isolated way. Corrosion, concrete damage, water intrusion, movement, and deferred maintenance often show up together. A recertification inspection is therefore not a cosmetic review. It is a professional evaluation intended to determine whether the building remains safe for continued use and what corrective action may be necessary.

    That is why the reporting obligation is so important. A report that minimizes severe conditions, delays communication, or treats obvious hazards as routine maintenance can expose occupants, boards, managers, and the professional team to avoidable risk. The real value of recertification is not the form itself. It is the timely communication of observed conditions and the engineering judgment behind the recommendations.

    What the design professional is expected to do in Miami-Dade

    Miami-Dade’s current recertification forms make the responsibility explicit. Each licensed design professional signs and seals the portion of the work for which that person is responsible and certifies that the report is an accurate appraisal of the building’s present condition, to the extent reasonably possible. The current structural template also integrates the requirements associated with phase one and phase two milestone inspections, which means the local recertification framework now overlaps with the statewide law in a more direct way than many older articles suggest.

    The reporting categories are especially important. On the structural side, the report allows the professional to indicate whether substantial structural deterioration has been observed, whether a dangerous condition has been observed, whether an immediate dangerous condition has been observed, whether maintenance is needed but the condition does not rise to that level, or whether the building passed the inspection. The electrical form uses a similar structure, including separate categories for dangerous and immediate dangerous conditions.

    In practical terms, the professional is expected to do more than describe distress. If a dangerous condition is observed, the Building Official must be notified within the required timeframe. If an immediate dangerous condition is observed, the notification threshold is even faster. That means the duty is not limited to the final polished report. The obligation includes prompt communication when the field findings indicate a meaningful risk to occupants or to the building’s safe use.

    What changes under Broward’s Building Safety Inspection Program

    Broward’s Building Safety Inspection Program is organized differently, but it is equally clear about the professional duty to report. The county’s policy requires a written report to the Building Official and to the owner or association. That report is expected to include a detailed written narrative, the official structural and electrical forms, color photographs, the manner and type of inspection performed, and a description of any substantial structural deterioration or electrical deficiencies found within a reasonable professional probability based on the scope of the inspection.

    Broward goes a step further by stating that the report must indicate whether any unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed. The policy also imposes a separate duty on any Florida-licensed professional who inspects an existing building or structure. If that professional finds conditions which, if left unaddressed, would endanger life or property, the finding must be reported to the owner, the association, and the Building Official within the required period. If the professional finds an actual or immediate danger of failure, collapse, health hazard, wind hazard, fire hazard, or other life-safety hazard, the report must be made on an expedited basis.

    In other words, the duty to report is not limited to the moment the final inspection packet is submitted. The obligation is triggered by the significance of the condition itself.

    Who should sign and seal the report

    This is another place where building owners often make assumptions that can create problems. Not every recertification report can be prepared by the same type of professional. In both counties, the person signing the report must be qualified in the discipline involved. For threshold buildings, the structural portion generally requires a Florida-licensed professional specializing in structural engineering, and the electrical portion must be completed by a professional qualified in electrical design. For smaller non-threshold buildings, an architect or engineer may be permitted to prepare the applicable portion if the professional is qualified by training and experience.

    Owners should not treat licensure as a checkbox. Existing-condition inspections require judgment, documentation discipline, and experience with deterioration patterns that may not be obvious to a professional whose work is limited to new construction or unrelated building types.

    What the report should lead to

    A recertification or safety inspection report should not be understood as a one-step conclusion. If deficiencies are identified, the report may trigger permits, repair design, contractor procurement, temporary safety measures, access planning, reinspection, and updated signed and sealed documentation. In Broward, the policy also requires the responsible professional to provide a signed and sealed letter when structural or electrical repairs are needed, indicating whether the building may continue to be safely occupied while repairs are underway.

    That is a significant professional responsibility. It means the design professional is not simply listing deficiencies. The professional may also have to address continued occupancy while corrective work is in progress, which requires careful judgment and clear communication.

    Where statewide milestone inspection obligations fit in

    For condominium and cooperative buildings subject to Florida’s milestone inspection law, the reporting chain includes additional duties. The architect or engineer who performs the inspection must submit a sealed report and a separate summary of material findings and recommendations to the association, any non-association owner of a portion of the building, and the local building official. The association then has its own obligation to distribute that summary to unit owners and post or publish it as required by law.

    The statewide law also adds a conflict-disclosure component that owners and boards should understand. A design professional bidding to perform a milestone inspection must disclose in writing any intent to bid on related repair, maintenance, or replacement services that may be recommended by the inspection. That does not prohibit later work in every circumstance, but it does make transparency part of the compliance framework.

    What owners and associations should do before the inspection starts

    The best way to support accurate reporting is to prepare the inspection properly. That means gathering prior reports, permits, repair histories, waterproofing and restoration records, reserve-study observations, leak history, and known areas of recurring distress. It also means planning access to representative units, roofs, parking levels, electrical rooms, balconies, and other critical areas before the field work begins.

    Just as important, boards and managers should align expectations internally. A serious report may identify issues that cannot be solved with cosmetic work. If the inspection uncovers deterioration, unsafe conditions, or the need for further testing, the next step is not to negotiate the wording until the problem seems smaller. The next step is to understand the condition, protect occupants, and move toward a defensible repair strategy.

    Conclusion

    The duty of the design professional in building recertification is not limited to filling out forms or summarizing visible damage. In South Florida, it includes the obligation to communicate serious findings in the manner and timeframe required by the controlling framework, whether that is Miami-Dade recertification, Broward’s Building Safety Inspection Program, or the statewide milestone inspection law. For owners and associations, that means the right inspection team is not just a compliance vendor. It is a professional safeguard. The quality of the reporting, and the speed with which critical findings are communicated, can directly affect safety, repair planning, and continued occupancy.

    ©️ 2022 Eastern Engineering Group wrote and published this article. All rights reserved.

    Gonzalo A. Paz

    gonzalopaz@easterneg.com
    Gonzalo A. Paz, PE, is Vice President at Eastern Engineering Group with over 20 years of civil and structural engineering experience across the U.S. and overseas. Proficient in structural analyses and design of buildings in diverse systems and materials, he also oversees executive, administrative and training functions within the firm.

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