Are you aware of the recent updates to balcony inspection laws in California? Senate Bill 721 has established new requirements for property owners to ensure the safety of their balconies and decks. Non-compliance with these regulations can result in severe penalties, making it crucial for property owners to stay informed and meet the necessary inspection standards.
SB-721 imposes stringent requirements for building owners, landlords, and property managers, including the following:
Inspections are REQUIRED every six years. Buildings with exterior elements elevated more than 6” above the ground must undergo a preliminary safety inspection before January 1, 2025, and ongoing safety inspections every six years after that.
There are limits on who can perform safety inspections. All safety inspections must be completed by safety inspectors who are qualified to conduct evaluations under the provisions of SB-721. More on this later.
At least 15% of all elevated elements must be inspected. According to the new law, a minimum of 15% of a building’s total elevated elements must be inspected during each safety evaluation. The choice of which elevated features to examine is up to the inspector.
Inspection reports must be kept for two cycles. According to SB-721, all safety inspection reports must be kept for two inspection cycles – 12 years. If jurisdictional officials request the reports, the building inspector must make them available.
Reports must meet specific requirements. Under SB-721, safety inspection reports must meet three primary requirements: they must define the condition of the EEE, clarify expectations regarding the expected service life of the elevated element, and make recommendations for additional inspections if needed. Inspection companies must deliver a comprehensive report that satisfies these requirements within 45 days of the inspection.
What if a Safety Inspection Uncovers Needed Repairs?
If the inspection report uncovers required repairs, the inspector is required to classify the repairs under one of the following categories:
Immediate Action Required
Repairs classified as “immediate action required” represent a real and present risk to life and safety.
If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.
At that point, the building owner must inform tenants and prevent access to the area if needed.
The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.
Repairs Required
These issues include anything that cannot be resolved through maintenance but do not represent an immediate threat to life and safety.
When repairs are required, the building owner has 120 days to obtain a building permit and an additional 120 days to complete the needed repairs.
4 Penalties You Could Face for Noncompliance
To enforce the provisions of SB-721, lawmakers included harsh penalties for non-compliant facilities.
These penalties include the following:
Fines of up to $500 per day. Non-compliant facilities could face penalties of $100-$500 per day for every day they are not in compliance with the requirements of SB-721.
Assessment of safety liens. If a civil fine or penalty is assessed, the local jurisdiction can choose to issue a safety lien against the facility. If a building owner refuses to pay non-compliance fines, the local jurisdiction can satisfy the lien through foreclosure.
Recovery of enforcement costs. Under SB-721, local enforcement agencies can recover enforcement costs from landlords, property owners, and property managers.
Impacts on a landlord’s insurance eligibility. If a facility does not comply with SB-721, it may impact the landlord’s insurance eligibility and make it more difficult (or impossible) to secure adequate insurance coverage. "
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