Ensuring the safety and longevity of balconies is a critical concern for property owners in Florida. With the state’s humid climate and frequent storms, balconies are vulnerable to structural damage and deterioration over time. This guide reviews state regulations and offers inspection and training insight for commercial inspectors.
Understanding Florida’s Balcony Inspection Laws
One of the primary regulations governing balcony inspections in Florida is Section 509.2112 of the Florida Statutes. This section mandates regular inspections to ensure that balconies and stairways are safe for use.
Which Properties Are Required to Comply or Are Exempt?
The law is particularly focused on commercial buildings used as public lodging establishments that are three or more stories in height, where the safety of guests is paramount. Public lodging establishments include transient and nontransient properties, meaning:
- Transient Public Lodging Establishment: A place rented to guests more than three times a year for stays of less than 30 days, or advertised as available for short-term rentals.
Examples: Resorts, hotels, motels, and vacation rentals like Airbnb and VRBO properties that offer stays for a few nights to several weeks.
- Nontransient Public Lodging Establishment: A place rented to guests for at least 30 days, or advertised as available for long-term rentals.
Examples: Vacation rentals and timeshares, corporate housing, apartment complexes and condominiums that offer long-term leases.
Restaurants are required to also meet the balcony inspection requirements under Fla. Stat. § 61-C Public Lodging Establishment, and § 61C-3.001(5) Balcony Inspection.
Exempt properties include dormitories and living facilities for students, faculty, or visitors at educational institutions; nonprofit housing for patients, their families, or caregivers; apartment buildings for residents aged 62 or older inspected by HUD or similar entities; and facilities licensed by the Agency for Health Care Administration or the Department of Children and Families.
Commercial inspectors, building inspectors, and home inspectors performing balcony inspections in Florida need to know which properties must comply with regulations and which are exempt. This understanding will help you market services effectively and better assist clients. For full definitions, refer to Fla. Stat. § 509.2112(4)(a).
The Role of Form DBPR HR—7020
Properties requiring balcony inspection must file a certificate confirming that all balconies, platforms, stairways, and railways have been inspected and are safe, secure, and free of defects. Inspectors must complete DBPR Form HR-7020 Certificate of Balcony Inspection, after which the client files it with the state of Florida for review, filing, and stamping. This certificate serves as an official record of compliance with Florida state regulations. Inspections and certificates must be completed and filed every three years with the Division of Hotels and Restaurants or the applicable AHJ. Visit the DBPR website to download the form.
Inspection Scope
There are two main areas the inspector is required to inspect: the balconies and stairways. The inspection scope for each is as follows:
Balconies
- Inspect every platform.
- Inspect all railings, railways, balustrades, and guardrails, if present.
- Inspect every parapet, if present.
- Inspect screened enclosures, if present.
- Inspect non-permanent building materials, if present.
Stairways
- Inspect all stairways and landings.
- Railings
- Railways
- Balustrades
- Guardrails
- Non-permanent building material
- Inspect all walkways and guards.
Only one form needs to be completed per inspection, covering all balconies and stairways. Note that all stairways on the property must be inspected, not just those leading to balconies.
Balcony Inspection Resources for Florida Inspectors
Commercial inspectors in Florida are qualified to perform balcony inspections through proper training and education. CCPIA’s Balcony Inspections for Florida Inspectors Online Course teaches inspectors about the systems, components, and construction standards of balconies, stairways, and related elements, with a focus on common issues to identify during inspections. Course materials also cover reinspection opportunities for inspectors based on Florida’s three-year compliance rule and the requirement to confirm that repairs are completed to finalize the DBPR Form HR-7020 Certificate of Balcony Inspection.