A 2018 balcony collapse tragedy
in Berkeley that killed 6 people led to debate surrounding balcony safety, as
well as the general safety of Exterior Elevated Elements, or EEEs, throughout
the state of California. It was clear that there was a need for structural
improvements in many multifamily dwellings, so this debate by multifamily builders near me in
los angles prompted legislation that puts inspection requirements in place to
find the properties where safety changes need to be made.
New
Regulations to Promote Safety
In 2020, SB 721 was passed, which
required inspection of EEEs. SB 721 applies to buildings with three or more
multifamily dwellings and initially was supposed to include a much broader
range of properties in its scope. At the last minute, condos, community
association buildings, and common interest developments were removed from the
list of required inspection sites before SB 721 was signed into law.
On August 30th 2021, the Senate
passed SB 326, otherwise known as the The Balcony Bill. The law went into effect
in January 2022, which virtually closed the gap left by SB 721. SB 326 applies
to over 52,000 common interest developments, which adds up to over 6 million
individual units in California. While these new regulations aim to make
balconies and Exterior Elevated Elements safer for individuals living in
apartments, condos, and multifamily housing, they also make it necessary for
property owners to take action to make sure their buildings are up to the
state’s safety standards.
Inspection
Specifics to Consider
The inspections protocol for SB
326 is more elaborate and comprehensive than the guidelines that were put in
place by SB 721. This bill amends sections 5551 and 5586 of the Civil Code. The
requirements are as follows.
- A licensed architect or structural engineer must inspect a
“random and significant sample of “Exterior Elevated Elements every 9
years. EEE’s include balconies, decks, stairways, and railings.
- Inspectors are given the freedom to use professional judgment
in cases where it may be deemed necessary to conduct further inspections
- The first inspection of these structures must be completed by
January 1, 2025
The inspector is required to
create a report that includes the following information:
- An analysis of the building components that encompass
load-bearing components
- The associated exterior waterproofing systems that are used
for any load-bearing components
- The present condition of any elevated structures
- The projected future performance of these components / the
future safe lifespan for these elements
- Recommendations for any compulsory repairs or building
envelope improvements to ensure safety
While this inspection methodology
is much more expensive than what was put into place by SB 721, but gives the
inspector power to notify local agencies in any threat to safety- therefore,
there is a more efficient system to plan preventative maintenance, which ends
up being more fiscally responsible in the end.
Consumer
Protection & the Potential Legal Impact
The second part of SB 326 focuses
on consumer protection and gives associations in projects less than 10 years
old the power to engage the builder or developer in claims for defective
construction. Previously, these claims have been prohibited by documents
drafted by developers that state that a claim must be passed by a
super-majority (66%) vote of that development’s HOA (Homeowner’s Association)
in order to start legal proceedings. These documents are no longer allowed to
enforce any limitations to the board’s ability to start legal proceedings
against developers or builders. This is definitely something that property
owners and developers should consider when trying to cut corners on new
developments.
Next Steps for
Property Owners
Although these initial
inspections do not need to be completed until 2025, most smart multi-family
property owners are getting a head start on setting up the inspections for
their buildings so that they can make any structural improvements needed as
soon as possible. While these preventative improvements may seem initially
costly, they are required in order to be compliant with these new SB326
protocols. These preventative measures will save money in the long run by
reducing the need for more extensive repairs when EEEs become more
significantly damaged and worn over time. It’s also crucial to take into
account the legal costs that can be saved in the event that an unsafe EEE
collapses or causes physical harm to a tenant.
Greython Construction is a
national construction management and general construction firm that specializes
in building envelope retrofit and repairs and has been assisting multi-family
residential owners become complaint with these new SB326 protocols.
Greython Construction specializes
in construction management and acts as a general contractor for multi-family
residential, hospitality, residential, restaurant, industrial, and commercial
construction projects.
With extensive experience doing
structural and envelope repairs, Greython’s top priority is to develop quality,
lasting, safe projects with a keen attention to detail. Greython Construction
has been nationally recognized with numerous awards because of our appreciation
for design, exemplary quality, and belief that communication is the key to
translating a blueprint into reality.
Content Source: https://greython.com/the-inspection-bill-all-california-multifamily-property-owners-should-be-aware-of/
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