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- July 13, 2024
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Beyond the Railing: What California’s SB 721 Means for Your Multifamily Property
California Senate Bill 721 (SB 721), also known as the “Balcony Inspection Bill,” was signed into law on September 17, 2018, in response to a tragic balcony collapse in Berkeley that resulted in the deaths of six students. The law aims to enhance public safety by requiring periodic inspections of balconies, decks, and other elevated exterior elements in multi-family residential buildings with three or more units.
Key Points of SB 721
Scope and Applicability
California Senate Bill 721 applies to multi-family residential buildings with three or more units and two or more stories in height. The law’s scope extends to any exterior elevated elements such as balconies, decks, porches, stairways, walkways, and entry structures that are more than six feet above ground level and rely on wood or wood-based products for structural support. This comprehensive coverage ensures that a wide range of potentially hazardous structures are subject to regular inspection and maintenance.
Inspection Requirements
Under SB 721, property owners must complete the first inspection by January 1, 2025. Following this initial assessment, subsequent inspections are required every six years. During each inspection cycle, a minimum of 15% of each type of elevated element must be examined. This periodic inspection schedule aims to catch potential issues early and prevent dangerous deterioration over time.
Qualified Inspectors
The law mandates that inspections be carried out by licensed professionals, including architects, civil or structural engineers, or general contractors with specific licenses. To ensure impartiality and prevent conflicts of interest, the inspector who conducts the assessment cannot be the same person who performs any necessary repairs identified during the inspection. This separation of duties helps maintain the integrity of the inspection process.
Inspection Process
During an inspection, qualified professionals evaluate the structural integrity, waterproofing, and overall condition of the elevated elements. They look for signs of water intrusion, dry rot, rust, corrosion, and other issues that could compromise the safety and performance of these structures. While the inspection often begins with a visual assessment, more intrusive testing methods may be employed if deemed necessary to thoroughly evaluate the condition of the elements.
Reporting and Repairs
Inspectors are required to document their findings in a detailed report, which includes photographs and descriptions of the conditions observed. If hazardous conditions posing immediate life safety threats are found, the inspector must notify the local building official promptly. Building owners are then given a timeframe of 15 to 120 days to address any identified issues, depending on their severity. These reports must be kept for two inspection cycles (12 years) and made available to jurisdictional officials upon request, ensuring a record of compliance and maintenance over time.
Penalties for Non-Compliance
To encourage adherence to the law, non-compliant facilities may face penalties ranging from $100 to $500 per day. Additionally, local jurisdictions have the authority to enforce safety liens against properties that fail to comply with the inspection and repair requirements. In extreme cases, this could potentially lead to foreclosure if fines are not paid, underscoring the importance of compliance with SB 721.
Impact on Property Owners
Property owners and managers need to budget for these inspections and any potential repairs. The cost of an inspection can vary, typically ranging from $300 to $500 per balcony or deck for a visual inspection, with more invasive inspections costing significantly more. Compliance with SB 721 not only helps ensure tenant safety but also aids in maintaining the structural integrity and value of the property.
Conclusion
In summary, SB 721 is a proactive measure to prevent tragedies similar to the Berkeley balcony collapse by mandating regular inspections and timely repairs of elevated exterior elements in multi-family residential buildings.
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