What is required?
The passage of Senate Bill 326 (SB 326) added new Civil Code § 5551 to the Davis-Stirling Common Interest Development Act and became effective on January 1, 2020. The new law makes it mandatory that a licensed architect or structural engineer conduct visual inspections, in the least intrusive manner possible, of exterior elevated elements at all common interest developments in the state of California.
The licensed architect or structural engineer is required to provide a stamped or signed inspection report to the HOA.
Exterior Elevated Elements refers to load bearing components and associated waterproofing systems, which includes balconies, decks, porches, stairways, walkways, and associated railings.
The Exterior Elevated Elements subject to the new requirements include those with a walking surface elevated more than six feet above ground level, designed for human occupancy or use, and supported by wood or wood-based products.
Under SB 326, what number exterior elevated elements are required to be inspected and how often? The answer is not simple. SB 326 requires a random statistically significant sample of exterior elements sufficient “to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.”
B2R has the experience and expertise to meet all requirements established by SB 326. See How B2R Can Help You.
Why was SB 326 Passed?
In a word – safety. Historically, balcony and deck failures have led to thousands of injuries each year. The intended goal of SB 326 is to identify any exterior elevated elements in decay or disrepair, make any necessary repairs, and prevent future failures.
When is action required?
For existing HOAs the first inspections must be completed by January 1st, 2025 and completed again, once every nine years, thereafter. New HOAs for which a building permit application was submitted after January 1, 2020 must have the inspections completed within 6 years of the issuance of the certificate of occupancy and once every nine years thereafter.
How Can B2R Help You?
You can trust B2R to keep your HOA in compliance with inspection and reporting
requirements established in SB 326. B2R will:
Identify the types and quantities of Exterior Elevated Elements for which inspection is required.
Determine number of each type of element to be inspected to meet the confidence level required by law.
Report on the current physical condition of the load bearing components and associated waterproofing system, including whether conditions present an immediate threat to the health and safety of the residents.
Estimate the expected future performance and remaining useful life of the load bearing components and waterproofing system.
Make recommendations for any necessary repair or replacement of the load bearing components and associated waterproofing system.
If repairs are required, B2R can recommend a licensed and insured general contractor to complete the repairs.
In the event “emergency repairs” are required, B2R is required to notify the HOA immediately and will advise on steps required by the HOA to secure the affected area(s). Local code enforcement will be noted within 15 days.
Hopefully no repairs are required. In the event non-emergency repairs are required, B2R’s report will become part of the reserve study for the HOA. The HOA can complete the repairs as funding allows. B2R has an innovative and flexible inspection program to ensure compliance without the need for special assessments or budget impacts.
B2R can also provide Construction Consulting services, act as an Owner’s Representative, solicit Contractors’ bids for any required repair work, and manage/oversee any necessary repairs.
- Code Analysis
- Forensic Architecture
- Building Envelope Inspection and Analysis (including Roofing and Waterproofing)
- SB 800 Investigation, Evaluation, and Resolution
- Contract Review and Allocations
- Construction Defect Investigation, Research, and Analysis
- Expert Witness Testimony
- Cost of Repair Estimates
- 1st Party Property Loss and 3rd Party Liability
B2R’s team of experienced and licensed architects and engineers bring decades of experience providing building inspections, property condition assessments and reports, damage assessments, SB800 inspection, and building expert consultation. Our many years of experience uniquely qualifies us to provide minimally invasive and cost-effective inspections and reports on the condition of exterior elevated elements.
Our focus is responding to the requirements of SB 326. Our services will keep your clients in compliance with the inspection and reporting requirements of the new law via a variety of fee structures that minimize the financial impact to the Associations. B2R will guarantee the properties you manage are in compliance with the inspection and reporting requirements of the new law. Our system allows for Common Interest Developments to remain in compliance while avoiding unexpected and onerous assessments to owners. The health and safety of your property owners and their guests is our priority
LATEST NEWS FROM B2R
March 11 – 13, 2020
B2R at Southern California CACM Law Seminar
B2R will be exhibiting @CACMchat #SCLSE20, the largest gathering of community management professionals in California! Visit us at booth #113 in the Hall of Fame Expo Hall and enter to win one of two DRONES.
February 5 – 7 2020
B2R at Northern California CACM Law Seminar
B2R enjoyed the CACM Law Seminar and Expo in Santa Clara in early February. Looking forward to Anaheim in March. #NCLSE20
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