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.
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.
Senate Bill 721
The passage of Senate Bill 721 added Article 2.2 (commencing with Section 17973) to Chapter 5 or Part 1.5 of Division 13 of the Health and Safety Code of California effective January 1, 2019. The new law requires an inspection of exterior elevated elements and associated waterproofing elements, including decks and balconies, for apartment buildings with three (3) or more dwelling units. The inspections must 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. The first inspection is required to be completed by January 1, 2025 and subsequently every six (6) years. Any apartment building being converted into condominiums and sold to a separate interest must have an inspection conducted prior to the first close of escrow. An inspection report is required to be presented to the owner of the building within forty-five (45) days of the completion of the inspection. If the inspection reveals conditions that pose an immediate safety hazard, then the report is required within fifteen (15) days. Common Interest Developments are excluded from these provisions and are covered under Senate Bill 326.
B2R’s team of architects, engineers, and contractors will keep Owners in compliance with the new law. B2R will identify the types and quantities of Exterior Elevated Elements, determine the number to be inspected, report on the current physical condition of the load bearing components and waterproofing systems, estimate future performance and remaining useful life, and make recommendations for any necessary repair or replacement. In the event an immediate safety hazard is revealed, B2R will notify the Owner immediately.
For SB 326 or SB 721 Services, please download the SB 326 Information Form below, complete and email us at info@B2RConsultingGroup.com or complete the online SB 326 Inspection Request Form.