SB - 721
INSPECTIONS

On September 17, 2018, California Governor Jerry Brown signed into law SB 721 – “The Balcony Inspection Bill.” The bill arises in response to the tragic deaths of six UC Berkeley students in 2015 at a downtown apartment complex due to the collapse of a balcony. Owners of multi-family apartment buildings with three or more units have until January 1, 2025, to complete the first inspection. This law took effect January 1, 2019. SB 721 aims to add a new level of public safety to decks, balconies and other external, elevated structural elements in multi-family residential units. This will be accomplished through required inspections performed every six years. The inspections address structural integrity, flashings and waterproofing of these elements on buildings with three or more units and two or more stories in height. All initial inspections must be completed by January 1, 2025. Inspections will be performed on any external building element six feet above ground level including walkways, balconies, decks, landings, stairways and railings. On larger complexes, the law allows for 15% of the respective elements to be inspected as a representative sampling.

What are the requirements for SB-721?

Here are the key takeaways:

Mandatory Safety Inspections. Every apartment facility with decks, balconies, entries, or walkways elevated more than 6” must have safety inspections performed before January 1, 2025.

Qualified Safety Inspectors. All balcony inspections must be performed by personnel who are qualified to do so under the provisions of SB-721. Qualified parties include general contractors licensed in the state of California, certified building inspectors, and architects or engineers. It is important to note that the person who performs the inspection cannot be the same person who completes any needed repairs.

Recurring Inspection Safety inspections must reoccur every six years and be completed by qualified safety inspectors. A minimum of 15% of each type of elevated element must be inspected each time. The inspector can choose which elevated features to examine.

Documented Inspection Reports. Safety inspection reports must be kept for two inspection cycles or (a total of 12 years). Furthermore, the inspection reports must be made available for jurisdictional officials upon request.

Penalties. Under the new bill, penalties of $100-$500 per day will be assessed for non-compliant facilities. If a civil fine or penalty has been assessed, the local jurisdiction also reserves the right to enforce a safety lien against the facility. If a building owner refuses to pay the fines issued against them, the local jurisdiction can seek to satisfy the lien through foreclosure.

Impacts on the landlord’s insurance. If a facility falls into non-compliance, it may affect the building or landlord’s eligibility for insurance.

Penalties for SB-721 violations

SB-721 establishes regulations that require inspectors to present their inspection report within 45 days of the property inspection. If the property requires immediate emergency repairs, inspectors have 15 days to present a report to the property owner and provide a copy to local code enforcement agencies. Once a building owner receives the inspection report, they must apply for any needed repair permits for non-emergency repairs within 120 days. When the building owner’s permit is approved, they have an additional 120 days to complete the necessary repairs. If the building owner doesn’t comply with the repair requirements within 180 days, the building inspector shall notify local law enforcement agencies. If the repairs aren’t completed within 30 days, the building owner could be assessed a civil penalty.

How do we test for damage during a SB-721 Inspection?

1. Visual Inspection

This is one of the most critical components of any comprehensive deck and balcony inspection. During this process, a skilled inspector visually inspects all exposed surfaces of a balcony or other load-bearing element. The inspector will also evaluate the EEE’s guardrails, attachment points, and other components. If any of these components are covered by siding, soffits, or stucco, a visual inspection won’t be sufficient to comply with inspection requirements.

2. Endoscopic Testing

Endoscopic testing is one of our preferred testing methods. In addition to being less invasive than destructive testing tactics, it’s also quieter, less messy, and less expensive. During the endoscopic testing process, an inspector bores a small hole into the underside of a soffit or other covering and inserts an endoscopic camera into the hole. This allows the inspector to evaluate concealed wood elements without making large investigative openings. Once we’ve completed endoscopic testing, our teams seal the holes with specially-designed water- and airtight plugs.

3. Moisture Sensors

Moisture sensors are an effective way to check for moisture intrusion in an elevated element. They’re particularly effective at identifying signs of dry rot and directing needed maintenance and repairs.

SB - 721 INSPECTIONS