{"id":895363,"date":"2019-01-03T15:52:07","date_gmt":"2019-01-03T22:52:07","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=895363"},"modified":"2019-01-04T10:22:58","modified_gmt":"2019-01-04T17:22:58","slug":"sb-721-california-multi-family-buildings-new-require-inspections-of-eees","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/sb-721-california-multi-family-buildings-new-require-inspections-of-eees\/","title":{"rendered":"SB 721 \u2013 California Multi-Family Buildings New Require Inspections of \u201cEEEs\u201d"},"content":{"rendered":"\n

Brenda Radmacher | Construction Law Blog<\/a> | November 27, 2018<\/p>\n\n\n\n

Many in the construction industry and multi-family development field have been closely following Senate Bill 721, or the \u201cBalcony Bill,\u201d regarding new requirements for building owners associated with decks and balconies. After almost a dozen amendments, the \u201cBalcony Bill\u201d finally passed in the state legislature with an overwhelming majority and was signed into law September 17th, 2018, by Governor Jerry Brown.<\/p>\n\n\n\n

Balconies and decks, called \u201cExterior Elevated Elements\u201d (\u201cEEE\u201d) in the statute, are common features in most multi-family buildings in California \u2013 where better to enjoy the California sun? However, many of the structures have proven to be problematic at best due to complex intersections of construction trades and design issues as well as limited understanding and effectuation of maintenance. Indeed, the \u201cBalcony Bill\u201d arose largely out of an outcry following the 2015 balcony collapse in Berkeley in 2015, which left six young people dead and another seven injured.<\/p>\n\n\n\n

Since the average age of apartments in California is over 40 years, a large segment of the real estate rental market will be affected.<\/p>\n\n\n\n

What Buildings Must Comply?<\/strong><\/p>\n\n\n\n

Buildings containing three or more multi-family dwelling units are covered by the Balcony Bill. However, due to significant push back from the common interest development community, condominiums are generally excluded. However, condominium conversions sold after January 1, 2019, must comply with the new inspection requirements.<\/p>\n\n\n\n

What are the Inspection Requirements?<\/strong><\/p>\n\n\n\n

The bill covers not just \u201cbalconies\u201d or \u201cdecks\u201d and their associated supports and railings, but all \u201cexterior elevated elements\u201d \u2013 which is notably broadly defined to include \u201cbalconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than 6 feet above ground level, are design for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element \u2013 and \u201call associated waterproofing elements.\u201d The new statute applies to multifamily units with 3 or more units.<\/p>\n\n\n\n

The owner of an affected building must ensure that the first inspection is completed before<\/strong> January 1, 2025, and subsequent inspections are required every 6 years after January 1, 2025, or by or before January 1, 2031. The inspections must also include any testing needed to evaluate the conditions. Additionally, condominium conversions sold after January 1, 2019 will need the EEE inspection conducted before the first close of escrow of a separate interest\/unit.<\/p>\n\n\n\n

However, if a project has submitted for permit after January 1, 2019, the inspection must occur no later than 6 years from the date of certificate of occupancy. Thereafter, the inspection must be performed by Jan 1st<\/sup> every six years. If the property was inspected within 3 years prior to January 1, 2019, and a report was issued stating the EEE were in proper working conditions and do not pose a threat to the public health and safety, no further inspection is required until January 1, 2025. If any immediate threat to health and safety are found, the report must identify that and advise if occupants should be kept out of the buildings, if emergency repairs are recommended, or if shoring is needed. If repairs are recommended, the inspector must prepare a report within 45 days and issue it to the owner and the local law enforcement within 15 days of the report\u2019s publication. If emergency repairs are called for, the Owner is obligated to perform preventive measures including preventing occupant access to the EEE until the emergency repairs are completed.<\/p>\n\n\n\n

The inspector\u2019s report must include photos, a narrative, and any test results. In addition, the report must include the repair and replacement work to be performed by a licensed and qualified licensed professional per Health & Safety Code section 17922. Notably, the inspection must include a sampling of at least 15% of each type of EEE.<\/p>\n\n\n\n

The report must contain:<\/p>\n\n\n\n