ABOUT SB-326
THE BALCONY INSPECTION BILL
On August 30, 2019, Governor Newsom signed Senate Bill No. 326 (S.B. 326) into law, adding two new statutes to the Davis-Stirling Act. Civil Code section 5551 adds a requirement for associations to perform inspections of balconies and other exterior structural elements that the association has an obligation to maintain. Civil Code section 5986 invalidates and voids developer friendly provisions in governing documents that require homeowner votes prior to filing of a construction defect lawsuit. Below is an overview of the important points you need to be aware of regarding these new laws, which will go into effect on January 1, 2020.
The bill directly affects associations with buildings with three or more multifamily dwellings.
What is the Balcony Inspection Bill?
SB 721 aims to add a new level of public safety to decks, balconies and other external, elevated structural elements in multi-family residential units. This will be accomplished through required inspections performed every six years.
The inspections address structural integrity, flashings and waterproofing of these elements on buildings with three or more units and two or more stories in height. All initial inspections must be completed by January 1, 2025. Inspections will be performed on any external building element six feet above ground level including walkways, balconies, decks, landings, stairways and railings. On larger complexes, the law allows for 15% of the respective elements to be inspected as a representative sampling.
Who Performs Inspections?
Inspections must be performed by a licensed structural engineer or architect. Larger associations may also need to use a statistician, as the statute requires a statistically relevant sample size be inspected (95% confidence level, with a 5% margin of error).
What Does the Inspection Involve?
The inspector will evaluate the condition, adequacy and performance of the various items that comprise the deck, balcony, landing or stairway structure with a focus on structural integrity.
The inspector will look for indications of unintended water intrusion and resulting dry rot or structural compromise. Deck metal edge, wall and transition flashings will be evaluated for rust, corrosion and adhesion of waterproofing materials. Deck traffic coatings will be evaluated for indications of cracking or other conditions that compromise the waterproof integrity and performance of the coating system. Stair and deck railings will be inspected for securement and overall condition. Wood framing such as joists, beams and posts will be inspected for any type of damage that could affect structural integrity.
Visual inspections must confirm that areas are in a “generally safe condition” and “performing in accordance with applicable standards.” If the inspector sees signs that the waterproofing system has been compromised, or that there is risk of damage to the load bearing components of the building, they are to use best judgment to recommend further inspections.
The inspector will issue a report of their findings along with photos sufficient to document the conditions of the building elements as a baseline for future inspections and to create a historical record.
What About Repairs?
if, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants. And it further requires the association to take preventive measures immediately upon receiving the report, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency. The bill authorizes local enforcement agencies to recover enforcement costs associated with these requirements, and the association board to enact rules or bylaws imposing requirements greater than those imposed by these provisions.
Other Requirements
Identification of the applicable building components subject to inspection;
Current physical condition of the components and whether there is a present threat to the health or safety of residents;
Expected future performance of the components and remaining useful life; and Recommendations for any repairs.
Owners of properties that qualify for the inspection must call an inspector to have this completed before January of 2025.
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