Balconies are getting a bad wrap in real estate circles these days caused by a tragic accident back in 2015 in Berkeley, CA. But it’s important not to forget that the scrutiny can be shared by elevated decks, walk ways, landings, stairway systems, handrails or any part thereof exposed to weather with a walking surface (6 ft or above). This bill is nothing new (passed in 2019) but with the quickly approaching deadline of January 1 2025 multifamily owners are now scrambling looking for answers.
Purpose of SB No. 721:
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.
Who Needs to Be Inspected?
This bill would require an inspection of exterior elevated elements and associated waterproofing elements, as defined, including decks and balconies, for buildings with 3 or more multifamily dwelling units.
Who can inspect it?
Inspections can be completed by a licensed architect, licensed civil or structural engineer, a building contractor holding specified licenses, or an individual certified as a building inspector or building official, as specified
licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors’ State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multi storey wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction
Please reach out to via email (christina.aciapartments@gmail.com) for a trusted local inspector that will be performing these inspections.
SB No 721 Enforcement and timelines:
:
Inspection report be presented to the owner of the building within 45 days of the completion of the inspection
If the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the building within 15 days
Non emergency repairs made under these provisions would be required to be completed within 120 days.
Provide for specified civil penalties and liens against the property for the owner of the building who fails to comply with these provisions
Assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.
Must be completed every 6 years.
We will be scheduling our inspections soon and will relay how this process works for us. If you would like more information regarding SB No 721 or would like help valuing your current multi family building make sure you schedule an appointment HERE
Full bill text can be found HERE
Our blogs are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published or may have been misinterpreted. Before acting, be sure to receive legal advice or consult a licensed CPA.
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