The Miami Mirror: Are Noisy Miami Beach Condos and Apartments ...

October 6, 2012

Stephen Scott, Director

BUILDING DEPARTMENT?

City of Miami Beach

RE: Soundproofing Floors ? Is Miami Beach up to Code?

Mr. Scott:

I beg your pardon for disturbing you with what seems to be a touchy subject in the real estate industry, something that people tend to make a great deal of noise about when disturbed: inadequate soundproofing in their apartments and condos. The fault is in part attributed to flooring underlayment, the insulating material laid between the subfloor and the finished floor of linoleum, asphalt tile, etc.

Both old and new buildings are the source of complaints. Miami Beach has thousands of units in older buildings which once had carpeting, which has a high acoustic impact rating, but the floors are now finished with tile, which has little or no impact rating. And flooring in new building is also allegedly approved with substandard underlayment. The result is stressful to occupants. Indeed, as I write this, I can hear the television and conversations in the apartment below mine, and my chair is vibrating with the floor, yet my landlord insists that the new flooring he installed awhile back was up to code.

Please correct me if I am mistaken, but I believe that City of Miami Beach inspectors are doing visual inspections of floor underlayments instead of looking at underlayment test reports provided by manufacturers. As everyone responsible should very well know, such reports are provided by manufacturers to show that their product will meet building code and condominium requirements. Without looking at the manufacturers? test reports, and knowing baseline rating of the bare subfloor, and whether or not the ceiling below is insulated or not, no one can know what underlayment to install on a floor. Finally, the hard surface flooring must not touch the walls or baseboard otherwise vibrations will pass into the wall structure and connected units.

Chapter 12 of the 2004 Florida Building Code states that flooring must have an impact insulation rating (IIC) of 50. Yet it appears that most Miami Beach floor permits and inspection reports do not indicate exactly what product is being used as an underlayment, but only state the general term, meaningless by itself, ?soundproofing.? The 2001 Florida Building Code did not specify floor soundproofing, but the city was collecting permit fees and inspecting floors anyway. I was told that the city did make a local amendment to the 2001 Code in respect to underlayments; however, inspections since then were allegedly a mere courtesy, a casual policy that would certainly be discourteous to the person who lives below or next to a botched installation.

A botched floor installation would then apparently become a private matter due to the official neglect of the code, with the city attorney insisting as usual that the city is not liable for its negligence in permitting and inspections. Now according to the information I have received, the condominium boards are not enforcing their own rules in allowing botched installations to exist. The older, 1960s buildings only had tile in the kitchen and bath areas and were carpeted elsewhere. If the real estate listings are examined for buildings recently converted to condominiums, for instance the Mirador, dozens of units for sale no longer have carpeting: they are fully tiled. If a building like the Mirador has an 8-inch concrete slab with no underlayment under a tile floor, I believe it would have an Impact Insulation Class of around 32, which is an atrocious rating.

At least the City of Miami attempts to enforce the building code in respect to flooring underlayment, as can be seen from its October 2011 ?Instructions for Flooring Permits? and ?Flooring Permit Affidavit? forms. I would like to say that the City of Miami Beach does likewise or will begin doing so if it does not as is alleged. Therefore I ask that you brief me on the present practice, letting me know if improvements are in order if my understanding of the matter is correct.

Very truly yours,

David Arthur Walters

Cc Antonio Gonzalez

CITY OF MIAMI

Instructions for Flooring Permits

All commercial properties, including condominium units, are required to obtain a permit for flooring (tile, wood, marble).

To obtain a permit for flooring please provide the following documents to the permit counter.

1) City of Miami building permit application

2) Flooring Permit Affidavit

3) Copy of manufacturer?s literature

4) Sample of Product attached to the Flooring Permit Affidavit

5) Copy of Contract/Agreement between client and contractor

No review will be required for flooring permits. Rev. 10/2011

FLOORING PERMIT AFFIDAVIT CITY OF MIAMI

Plan # ______________________________________________

Address of Property ___________________________________

Product/Material ______________________________________

I, ______________________, the qualifying agent # ___________________ for

(Contractor License Number)

_____________, hereby certify that all requirements of Chapter 12, Section 1207 ? Sound

(Company Name)

Transmission of the Florida Building Code, have been met for the above mentioned location.

1207.2 Air-borne sound. Walls, partitions and floor/ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50 (45 if field tested) for air-borne noise when tested in accordance with ASTM E 90. Penetrations or openings in construction assemblies for piping; electrical devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. This requirement shall not apply to dwelling unit entrance doors; however, such doors shall be tight fitting to the frame and sill.

1207.3 Structure-borne sound. Floor/ceiling assemblies between dwelling units or between a swelling unit and a public or service area within the structure shall have an impact insulation class (IIC) rating of not less than 50 (45 if field tested) when tested in accordance with ASTM E 492.

Signature: ___________________________________________

Print Qualifier Name: __________________________________

State of Florida, County of Miami-Dade

Sworn to and subscribed before me this

___ Day of ______________, 20____.

By ____________________________

(SEAL) ________________________

Attach Sample of Product,

Personally known or Produced Identification Manufacturer?s Literature,

Type of Identification __________________ Copy of Contract/Agreement

Source: http://miamimirror.blogspot.com/2012/10/are-noisy-miami-beach-condos-and.html

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