BALCONY SB721/SB326

THE LAW

Satet law now requires multi family association & apartment buildings to have an inspection on all exterior elevated elements such as balconies, catwalks, walkways, landings, staircases, decks, railings and etc

All Inspections must include associated waterproofing systems, load bearing components that extend past exterior walls and are over 6 feet from ground level.

 

SB 721 (Apartment)

This bill would mandate that exterior elevated elements, such as decks and balconies, in buildings with three (3) or more multifamily units be inspected by a licensed architect, engineer, building contractor, or certified inspector by January 1, 2025, with certain exceptions. The inspection report must contain specific information and a copy must be given to the building owner within 45 days of completion. The report must also be kept on file for two (2) inspection cycles. If the inspection reveals hazards, the report must be delivered to the owner within 15 days and emergency repairs must be made with notice given to the local enforcement agency. Non-emergency repairs must be completed within 120 days or an extension granted by local authorities. Local enforcement agencies can recover enforcement costs and may send a corrective notice or impose penalties or liens if repairs are not made on time. These provisions do not apply to common interest developments. For buildings proposed for conversion to condos, inspections must be conducted before the first sale and the report and confirmation of repairs must be submitted to the Department of Real Estate. Local governing entities can enact stricter requirements.

The inspection must be completed no later than January 1, 2025, and every 6 years (or less) thereafter.

 

 

SB 326 (Condo)

This bill would require condominium associations to conduct regular inspections of exterior elevated elements, such as load-bearing components and waterproofing systems, to ensure they are safe and in compliance with standards. The inspector must submit a report to the association’s board, which must include information on the current condition and remaining useful life of the elements inspected. The inspector must also provide a copy of the report to the association and local code enforcement agency within 15 days if any exterior elements pose an immediate safety threat. The association is required to take immediate action, including preventing access to the area until repairs are inspected and approved. Local enforcement agencies can recover enforcement costs from the association. The association’s board can also enact additional regulations.

The inspection must be completed no later than January 1, 2025, and every 9 years (or less) thereafter.

WHY?

The new bill was created following the tragic death of six people in a Berkeley apartment building when their balcony collapsed. The cause was said to be due to the structural decay of the wood framing that supported the balcony.

The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.

WHAT WE OFFER

Sturdy Builds handles the process of buildings balcony from start to finish.

  • We offer free estimates for identifying and inspecting exterior elevated elements (EEE) in compliance with state law SB 326 & 721.

  • Our consultations, which are also free, include attending board meetings to discuss the association’s needs and strategies for the inspection and maintaining balcony performance and longevity.

  • After the visual inspection, we provide free proposals for industry leaders in waterproofing and structural repairs.

  • We coordinate scheduling and accommodations for the inspection with the appropriate homeowners.

  • Our inspections are legally documented and certified by a licensed architect or engineer, using state-of-the-art software.

  • If a balcony is deemed to need destructive testing, we will first scope the under side and utilize all our equipment to detect damage, If damage is detected, we offer removal of waterproofing system and plywood removal.

FREQUENTLY ASKED QUESTIONS

 

What is EEE?
Exterior elevated element means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.

What are waterproofing elements?
Waterproofing elements associated with exterior elevated elements include flashings, membranes, coatings and sealants which safeguard the load-bearing components from water and environmental exposure.

What are load bearing components?
Load-bearing components are constructed with wood or wood-based materials that extend beyond the exterior walls of a building. They feature a walking surface intended for human use and are located 6 feet or higher above ground level. These include balconies, decks, stairways, landings, walkways, and any supporting elements.

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