TITLE
RESOLUTION ESTABLISHING THE 2021 - 2022 MIAMI-DADE COUNTY BUILDING SAFETY RECERTIFICATION TASK FORCE TO REVIEW EXISTING LAWS, CODES, AND PROCEDURES RELATING TO BUILDING INSPECTIONS AND RECERTIFICATIONS AND PROVIDE RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR THE COMPOSITION AND DUTIES OF THE TASK FORCE, OTHER RELATED MATTERS, AND SUNSET PROVISION

BODY
WHEREAS, pursuant to section 8-11 of the Code of Miami-Dade County, Florida, all buildings, except single-family residences, duplexes and buildings or structures in any occupancy group having an occupant load of ten or less, that are at least 40 years old must be recertified through inspections submitted to the appropriate municipal building official or the Miami-Dade County building official for the Unincorporated Municipal Service Area (UMSA), to ensure the buildings� structural and electrical safety; and
WHEREAS, after the initial 40-year recertification, such buildings must be recertified every 10 years thereafter; and
WHEREAS, the responsibility to conduct the 40-year and subsequent recertification inspection falls on building owners; and
WHEREAS, specifically, an owner of a building subject to recertification is required to submit a written report to the appropriate building official that is prepared by a professional engineer or architect registered in the State of Florida, certifying that the building or structure is structurally and electrically safe; and
WHEREAS, Miami-Dade County�s 40-year building recertification requirement is a local mandate, not a mandatory statewide requirement included in the Florida Building Code; and
WHEREAS, in fact, until 2006 when Broward County added a building recertification requirement to its building regulations, Miami-Dade County was the only Florida county to impose 40-year building recertification requirements; and
WHEREAS, the Board of County Commissioners instituted the 40-year recertification requirement by enacting Ordinance No. 75-34 on May 21, 1975; and
WHEREAS, the County�s enactment of the 40-recertification requirement was the result of a collapse of a building leased by the federal Drug Enforcement Agency on August 5, 1974 located at 1201 NE 2nd Avenue that killed seven people and injured 16 others; and
WHEREAS, in the early morning hours of June 24, 2021, a residential condominium building known as Champlain Towers South located at 8777 Collins Avenue in Surfside, Florida experienced a major structural collapse; and
WHEREAS, a substantial portion of the building was destroyed and the remainder of the structure had to be demolished; and
WHEREAS, the structural collapse of the building has tragically resulted in many fatalities among the building�s residents and visitors; and
WHEREAS, at the time of the disaster, the building was proceeding through the 40-year recertification process; and
WHEREAS, while the cause of the collapse at Champlain Towers South is still under investigation, the tragedy at Surfside calls for a careful and thorough re-examination of Miami-Dade County�s 40-year recertification requirements and processes; and
WHEREAS, accordingly, this Board desires to create a task force of experts to review the existing laws, codes, and procedures relating to building inspections and recertifications of existing buildings in Miami-Dade County and provide recommendations to the Board of County Commissioners for needed changes or improvements to such laws, codes, or procedures to promote safety and prevent another tragic building collapse,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The 2021 - 2022 Miami-Dade Building Safety Recertification Task Force (�Task Force�) is hereby created.
Section 2. Purpose. The Task Force is established for the purpose of reviewing the existing laws, codes, and procedures relating to building inspections and recertifications in Miami-Dade County and providing recommendations to the Board of County Commissioners for needed changes or improvements to such laws, codes, or procedures. The Task Force�s review shall include, but not be limited to the following:
1. The timeframe for building recertifications;
2. Whether there should be any differences in the building inspection or recertification process based upon the location of the building (i.e., in or near coastal areas);
3. Whether there should be any differences in the building inspection or recertification process based upon the type of the building (i.e., commercial or residential);
4. The methods used for building recertification inspections and whether other methodologies should be required with the advent of new technologies;
5. Whether there should be any differences in the building materials or methods approved for construction based upon the location of the building (i.e., in or near coastal areas);
6. What qualifications are required for those who conduct building inspections and issue building recertifications;
7. What entities, if any, should receive a copy of recertification reports;
8. Whether there should be additional accountability for owners, including homeowner association boards, that fail to complete timely recertifications;
9. Whether there should be additional accountability for those who perform recertifications;
10. Current procedures for deeming a building unsafe for failure to comply with recertification requirements;
11. Length of time that records relating to building repairs and inspections should be maintained;
12. Methods to improve responsiveness of local governments when reviewing and issuing building permits;
13. Whether there should be greater oversight by county or state officials over building inspections and recertifications for high-rise buildings;
14. The timeframe allowed for remediation to buildings prior to government action;
15. For each recommendation provided by the Task Force, whether such recommendations require changes to the County procedures, County Code, Florida Building Code, or state law.
Section 3. Membership. The Task Force shall be comprised of 15 members. 13 members shall be appointed by the Board of County Commissioners, with each member of the County Commission appointing one member of the Task Force. One member shall be appointed by the Miami-Dade County Mayor. One member shall be appointed by the Miami-Dade League of Cities. Each member of the Task Force shall be a permanent resident and duly qualified elector of Miami-Dade County, unless the Board of County Commissioners waives the residency requirement by a two-thirds (2/3) vote of its membership, and shall be of an outstanding reputation of integrity, responsibility, and commitment to serving the community.�Unless the Board of County Commissioners by two-thirds (2/3) vote of its membership waives the residency requirement, any member of the Task Force who ceases to be a resident of Miami-Dade County during the term of his or her office shall immediately advise the Clerk of the Board of County Commissioners. Upon being advised by the Clerk of such circumstances, the position shall be deemed vacant. Each member of the Task Force shall meet at least one of the following criteria:
1. Faculty at a School of Engineering from a local university;
2. Ten years or more of professional experience as an engineer and holding a current license;
3. Ten years or more of professional experience as a structural engineer and holding a current license;
4. Ten years or more of professional experience as an electrical engineer and holding a current license;
5. Ten years or more of professional experience as a general contractor and holding a current license;
6. Ten years or more of professional experience in the building products manufacturing industry;
7. Ten years or more of professional experience as an architect and holding a current license;
8. Ten years or more of professional experience as a building manager for threshold buildings as defined by section 553.71(11), Florida Statutes;
9. Ten years or more of professional experience as a building developer for threshold buildings as defined by section 553.71(11), Florida Statutes;
10. Ten years or more of professional experience in the environmental impacts to buildings, with an expertise in sea level rise;
11. Licensed attorney with ten or more years of professional experience in condominium and planned development law or construction law;
12. Representative from the National Institute of Standards and Technology;
13. A former Building Official for Miami-Dade County or a municipality in Miami-Dade County; or
14. Current or former elected official from the municipality with the highest number of buildings greater than three stories or 50 feet in height, or having an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons in Miami-Dade County to be appointed by the Miami-Dade League of Cities.
At least one member of the Task Force must not have their livelihood depend on the area regulated, administered, or dealt with by the Task Force. Task Force members shall serve without compensation.
Section 4. Appointment and Vacancies. All appointments to the Task Force shall be made by filing notice of the appointment with the Clerk of the Board of County Commissioners within 30 days following the effective date of this resolution. If the Clerk has not received at least eight nominations for the Task Force within 30 days following the effective date of this resolution, then the Clerk shall immediately provide the Board with written notice, and the deadline for nominations and submissions shall be extended for an additional 30 days following such notice(s). Upon receipt of at least eight appointments, the Clerk shall provide the Board with written notice that a majority of the appointments to the Task Force have been made, and the Task Force shall be deemed to be established as of the date of that written notice. However, if the Clerk has not received at least eight nominations for the Task Force by the extended 30-day period described above, the Clerk shall place an item on the agenda of the Board�s next regularly scheduled meeting and any unfilled positions on the Task Force that are subject to individual commissioner appointment may thereafter be filled by action of the Board. If the Board takes action to fill unfilled positions, the Task Force shall be deemed to be established once a majority of the appointments to the Task Force have been made. Any Task Force vacancies shall be filled in the manner provided for in the initial appointment. Any County Commissioner who has nominated a citizen to the Task Force may at any time, with or without cause, remove said member from his or her position on the Task Force by filing a notice with the Clerk and appointing a different person to fill the position.
Section 5. Organization. The Task Force shall select one member to serve as Chairperson, and one member to serve as Vice-Chairperson. The Chairperson shall preside at all meetings at which they are present. The Vice-Chairperson shall act as Chairperson in the absence of the Chairperson. A quorum shall be required to transact any business or exercise any power vested in the Task Force. A quorum for the Task Force shall consist of a majority of those persons duly appointed to the Task Force, provided that at least half of the full Task Force membership has been appointed. The Task Force shall adopt any rules it deems necessary for the conduct of its meetings, as long as such rules do not contravene this resolution, the Florida Statutes, or the County Code. If the Task Force does not adopt rules or policies, or its adopted rules or policies do not address a particular situation, then the applicable provisions of the Board of County Commissioners� Rules of Procedure, as such may be amended from time to time, shall apply.
Section 6. Meetings. All proceedings of the Task Force shall be conducted in accordance with Florida�s open government laws, including, but not limited to, the Government in the Sunshine Law and the Citizens� Bill of Rights of the Miami-Dade County Home Rule Charter. Members of the public shall be given a reasonable opportunity to be heard on any proposition before the Task Force. The Task Force shall be deemed an �agency� for all purposes under Chapter 119, Florida Statutes. The Task Force shall be governed by all applicable state and County conflict of interest laws and ordinances, including section 2-11.1 of the Code. The Task Force shall convene within 30 days of the appointment of its members. The Task Force shall hold meetings as it deems necessary. However, at a minimum, the Task Force shall meet monthly. A special meeting may be called by the Chairperson or by a written request from a majority of those persons duly appointed to the Task Force.
Section 7. Advisory. The Task Force is advisory only and shall not have the power or authority to commit Miami-Dade County or any of its agencies or instrumentalities to any policies, incur any financial obligations, or create any liability, contractual or otherwise, on behalf of the County or any of its agencies or instrumentalities.
Section 8. Reports. The Task Force shall provide a final report to the Board which contains its findings and recommendations consistent with this resolution, within 270 days following its establishment. The Task Force shall also be authorized to request any additional experts that it deems necessary to assist the Task Force in its duties. The report shall be placed on an agenda of the Board pursuant to Ordinance No. 14-65, for consideration by the Board. The Board may request such further work of the Task Force as may be in the public interest. In addition, the Task Force shall provide periodic reports to the Board every quarter to advise on the status of the Task Force�s work to date. If necessary, the Task Force shall also provide emergency reports to the Board for any issue or recommendation that the Task Force finds to be time sensitive and requiring immediate action by the County Commission or the County Mayor. Any such reports shall be placed on the next available agenda of the Board of County Commissioners.
Section 9. The Task Force shall be provided adequate staff and support services by the County Mayor or County Mayor�s designee. Such staff shall (i) maintain records of the Task Force, (ii) prepare agendas in coordination with the Chairperson, (iii) provide minutes of Task Force meetings, and (iv) perform such other duties as may be reasonably required to conduct the affairs of the Task Force subject to budgetary limitations. The County Attorney�s Office shall provide legal counsel, as needed, to the Task Force. The Task Force shall be assisted by any experts selected by the Board of County Commissioners. In addition, (1) a representative from and chosen by the Miami-Dade County Board of Rules and Appeals, (2) a representative from and chosen by the Miami-Dade County Unsafe Structures Board, (3) the Chief Resilience Officer for Miami-Dade County or such other designee of the County Mayor with expertise in resilience, (4) a representative from the Miami-Dade County Department of Regulatory and Economic Resources or such other designee of the County Mayor with expertise in building code enforcement, and (5) any expert(s) selected by the Board of County Commissioners shall attend all meetings of the Task Force and be available to provide information and advice to the Task Force as requested.
Section 10. Unless extended or superseded by ordinance, the Task Force shall sunset and stand dismissed 364 days following its establishment or when the County Commission accepts the final report of the Task Force and, by motion or resolution, finds that the Task Force�s work has concluded and there are no further matters that the County Commission wishes for the Task Force to consider, whichever occurs earlier.