Did You Know? Multifamily Properties are Required to Regularly Inspect Balconies, Decks, Porches, etc.
There is a Looming Deadline for Landlords in California to Inspect and Correct Outdoor Structures
California passed SB 712 in 2018 to ensure the safety of certain outdoor structures. The deadline to do initial inspections on these structures is coming soon. Here’s how you can prepare yourself and your properties to comply.
California Senate Bill 721 (SB 721), commonly known as "The Balcony Inspection Bill," was enacted in response to the tragic balcony collapse in Berkeley in 2015, which resulted in the loss of six lives. This legislation mandates periodic inspections of certain exterior elevated elements (EEEs) in multifamily residential buildings to ensure their structural integrity and safety.
What is SB 721?
SB 721 requires the inspection of wooden exterior elevated elements, such as decks, balconies, stairways, and walkways, in multifamily buildings with three or more units. These elements must be inspected for structural integrity and waterproofing issues to prevent future tragedies. The bill mandates that the initial inspection be completed by January 1, 2025, with subsequent inspections occurring every six years.
Buildings Affected
The law applies to buildings with three or more multifamily dwelling units that have exterior elevated elements more than six feet above ground level, are designed for human occupancy or use, and rely significantly on wood or wood-based materials for structural support. This includes:
Balconies
Decks
Porches
Stairways
Walkways
Entry structures
However, the law does not apply to most common interest developments, such as condominiums.
Inspection Requirements
Inspections must be conducted by qualified professionals, including:
Licensed architects
Licensed civil or structural engineers
Building contractors with "A," "B," or "C-5" license classifications and at least five years of experience in constructing multistory wood frame buildings
Certified building inspectors or building officials
The inspection report must be provided to the building owner within 45 days of completion and must be kept on record for two inspection cycles. These reports must also be disclosed to buyers if the building is sold.
Hiring Inspectors and Contractors
SB 721 stipulates that the party conducting the inspection cannot be the same entity performing the repairs. This ensures an unbiased assessment and prevents conflicts of interest. Repairs must be carried out by licensed contractors who adhere to the recommendations of the inspector and comply with all applicable codes and standards.
Inspection and Repair Protocols
The inspection involves evaluating the condition, adequacy, and performance of EEEs, focusing on structural integrity and waterproofing. If hazardous conditions are found, immediate action is required:
Immediate Hazards: The report must be delivered to the owner within 15 days, and emergency repairs must commence immediately.
Nonemergency Repairs: These must be completed within 120 days unless an extension is granted by local authorities.
Consequences of Non-Compliance
Failure to comply with SB 721 can result in severe penalties. Local enforcement agencies can issue corrective notices and recover enforcement costs. If repairs are not completed within the stipulated time, property owners can face civil penalties and potentially have a building safety lien placed on their property.
Special Considerations for Condo Conversions
For buildings converting to condominiums after January 1, 2019, the required inspection must be conducted before the first close of escrow. The inspection report and confirmation of completed repairs must be submitted to the Department of Real Estate and included in necessary statements and reports.
Conclusion
Property owners must ensure compliance with SBA 721 by January 1, 2025, to avoid penalties and ensure the safety of their occupants. By mandating regular inspections and repairs, California aims to prevent future tragedies and promote the maintenance of safe, structurally sound living environments.
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