In 2015, the collapse of a balcony in Berkeley took the lives of seven students in a tragic event that shocked the nation. It was a devastating reminder of the importance of ensuring the safety of our buildings and their occupants. Fortunately, Governor Jerry Brown recognized this and, in response, approved Senate Bill No. 721 on September 17, 2018.
This bill, known as the "Balcony Inspection Law", came into effect on January 1, 2019. It amended Section 1954 of the Civil Code and added Article 2.2 (beginning with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, which specifically addresses building standards.
This law is a critical step towards ensuring the safety of residents in multi-family buildings across California. It underscores the importance of responsible building ownership and maintenance and reflects a commitment to preventing future tragedies.
The legislation provides a necessary framework for building owners and property managers to take proactive steps towards keeping their occupants safe.
As the deadline for the initial inspections approaches, building owners and property managers must take this law seriously and prioritize the safety of their occupants. By doing so, they can make a positive impact on the lives of those who call their buildings home.
In this article, we'll cover the essential information you need to know about balcony inspection requirements,
What are the minimum inspection and repair requirements mandated by the Balcony Inspection Law in California?
The Balcony Inspection Law mandates that all multi-family residential buildings in California with three or more dwelling units must have their "exterior elevated elements" inspected.
This includes balconies, decks, stairs, and walkways that are above the ground level. The first inspections must be conducted by January 1, 2025, with subsequent inspections taking place every six years thereafter.
As part of the law, building owners are required to keep copies of all inspection reports for at least two inspection cycles, or twelve years. This information must be made available to future buyers of the building and to jurisdictional officials upon request.
It's important to note that local jurisdictions may establish more stringent inspection requirements. So, building owners should consult with local officials to ensure they are in compliance with all applicable regulations.
The Balcony Inspection Law is a critical step towards ensuring the safety of residents in multi-family buildings across California. By mandating regular inspections of exterior elevated elements, it helps to prevent tragedies like the one that occurred in Berkeley in 2015.
It also highlights the importance of responsible building ownership and maintenance, and serves as a reminder to prioritize safety in all aspects of building design and maintenance.
What are the criteria that determine whether a structure is considered an "exterior elevated element" under the Balcony Inspection Law?
By understanding what qualifies as an "exterior elevated element," building owners can ensure they are in compliance with the Balcony Inspection Law and help prevent tragedies from occurring in the future.
It's always better to err on the side of caution and have a professional inspection done, even if you're unsure whether your building is affected by the law.
Here’s what qualifies as an “exterior elevated element” under the law:
Balconies, decks, porches, stairways, walkways, and entry structures (including supports and railings) that extend beyond exterior walls of the building and include walking surfaces are included.
The walking surfaces of these structures are elevated more than six feet (6') above ground level.
The structural support or stability of the exterior elevated elements depends entirely or to a significant extent on wood or wood-based products. It's important to note that many exterior elevated elements are constructed of concrete slabs, supported by wood floor joists, even if the wood components are not immediately visible.
If you are unsure whether your building fits within the scope of the Balcony Inspection Law, it's best to contact a professional qualified to perform inspections.
Who is responsible for conducting balcony inspections under the Balcony Inspection Law in California?
To comply with the Balcony Inspection Law, building owners must engage the services of qualified professionals to undertake inspections.
The approved list of professionals comprises licensed architects, licensed civil or structural engineers, building contractors holding the “A,” “B,” or “C-5” license classifications, with at least five years of experience, and individuals certified as building inspectors or building officials from recognized state, national, or international associations, as deemed suitable by the local jurisdiction.
Importantly, while performing the inspection, the inspector cannot be an employee of the local jurisdiction.
What happens if damage is found during a mandatory balcony inspection?
Upon inspection, the inspector will assess whether the damage to the building poses an immediate safety hazard to its occupants. Should an imminent safety risk be identified, the building owner is obligated to take immediate steps to mitigate the danger.
Mitigation measures may include, but are not limited to, barring access to the affected areas, shoring up the building, and carrying out emergency repairs.
If the damage does not pose any safety risks, the building owner has a 120-day grace period from the date of receiving the inspection report to apply for a permit to carry out the necessary repairs.
Once the permit is approved, the owner is then given an additional 120 days to complete the repairs, subject to approval by the local building department. Requests for an extension beyond the initial period are evaluated by the relevant authorities.
All repairs and replacements must be undertaken by a licensed and qualified contractor, in compliance with the Balcony Inspection Law. Notably, the contractor who served as the inspector is prohibited from undertaking such repair work.
Are there any penalties for non-compliance with the Balcony Inspection Law in California?
The Balcony Inspection Law mandates that buildings comply with certain safety standards, failure to which can attract hefty fines ranging from $100 to $500 per day.
Additionally, the local jurisdiction may take further legal action by enforcing a safety lien against the property. In the event that a building owner fails to pay the stipulated penalties, the jurisdiction has the right to pursue foreclosure as a means of satisfying the outstanding debt.
How does the Balcony Inspection Law affect the process of converting an apartment building to a condominium building in terms of inspections and repairs?
As per the Balcony Inspection Law, any proposed multifamily building conversion to condominiums and sold to the public after January 1, 2019, must undergo the necessary inspection before the first close of escrow of a separate interest in the project.
To complete the process, the inspector's report and written confirmation of any recommended repairs or replacements must be submitted to the Department of Real Estate and listed in the Public Report issued for the condominium conversion project, among other requirements.
How does the Balcony Inspection Law apply to multi-family condominium buildings in common interest developments?
California multi-family building owners should be aware that the Balcony Inspection Law has specific inspection requirements for their properties, but what about common interest developments?
Fortunately, Senate Bill No. 326, signed into law by Governor Newsom on August 30, 2019, adds Civil Code Section 5551 to the Davis Stirling Common Interest Development Act to address this issue. Therefore, Balcony inspection law won’t be applicable for common interest developments
While both laws require inspections of exterior elevated elements, the main difference is that Section 5551 mandates inspections for attached condominium projects to occur every nine (9) years, as opposed to every six (6) years under the Balcony Inspection Law.
However, it's important to note that for buildings with a building permit application submitted on or after January 1, 2020, the initial inspection must occur no later than six (6) years after the issuance of a certificate of occupancy.
Conclusion:
As a multi-family building owner in California, compliance with the Balcony Inspection Law is essential to protect the safety of your residents and avoid penalties for non-compliance. Working with a qualified professional to perform inspections and make any necessary repairs or replacements is crucial to ensuring compliance with the law.
Additionally, if you are converting your building to a condominium or part of a common interest development, it is important to be aware of any additional inspection and repair requirements set forth in relevant laws and governing documents.
By staying informed and taking proactive steps to ensure compliance with all relevant laws and regulations, you can protect the safety of your residents and avoid potential legal and financial consequences.