SB721 Inspection - California Balcony Inspection Law
SB721, also known as the California balcony inspection law, applies to owners and managers of multifamily housing with at least three units.
The law requires any elevated surface six feet above ground or higher to undergo inspection. These elevated surfaces include balconies, decks, and stairwells.
Property owners must complete an initial SB721 inspection by January 1, 2025. Additional follow-up inspections must happen every six years. The California balcony inspection law went into effect in 2019 because of a tragic balcony collapse in Berkeley. Several people lost their lives, and others sustained injuries.
The collapse happened because the apartment complex didn’t maintain the balcony’s supporting materials. A lack of proper waterproofing and maintenance led to the collapse of a five-year-old balcony. While condos are exempt, the law does apply to apartments that convert to condominiums.
Let’s review the basics of SB721 inspection requirements.
Who Must Comply With SB721?
The following types of buildings fall under the SB721 inspection or California balcony inspection law:
Multifamily dwellings with three or more separate units.
Apartment buildings, triplexes, fourplexes, and quadplexes with elevated exterior structures.
Multifamily dwellings with elevated exterior structures made of wood or wood-based frames.
If you own and manage a triplex without any elevated exterior structures, you are exempt from SB721. Likewise, you’re also exempt if the building’s elevated exterior structures do not contain wood or wood-based frames. While condos and homeowners’ associations might also be exempt from SB721, inspections for these buildings fall under a different law.
Also, it is not the tenant’s responsibility to ensure their units or buildings comply with the inspection law. It is up to the owners and property management companies to schedule these inspections and make any necessary repairs. However, tenants may need to grant inspectors reasonable access to private balconies or elevated exterior structures for community use.
SB721 Inspection Law Stipulations
Like any legal requirement, the California balcony inspection law has a set of stipulations. As a building owner or manager, it’s important to know what these are, so you can stay in compliance. Otherwise, you might face fines and penalties, such as fines and building liens.
Here are the most critical aspects of the SB721 inspection law.
You must complete your first inspection no later than January 1, 2025. While that may seem like a long time away, think about the number of buildings inspectors must look at by then. There are hundreds of thousands of buildings and only so many qualified inspectors to go around.
Repeat inspections need to happen every six years.
Smaller buildings may require an inspector to examine every elevated structure. Larger complexes may have an inspector look at 15% of the elevated structures as a sufficient sample.
You need to keep inspection reports for at least 12 years. This is in case city or state authorities need to look at the results.
Inspectors need to deliver their reports within 45 days of an inspection. The report should include recommendations, details of the structures’ condition, and assessments of the structures’ expected lifespans.
If an inspector makes recommendations for repairs, property owners face different deadlines. Typically, an inspection report will state owners need to take urgent or non-urgent action. Any urgent items pose a threat to life and/or safety. Non-urgent repairs do not.
Repair Deadlines
The actions property owners must take will vary depending on whether an inspector recommends immediate or non-urgent repairs. With an urgent request, owners and local building departments will receive a notice within 15 days.
From there, the building manager or owner has 120 days to get a permit. After you receive a permit, you have another 120 days to make the repairs. Of course, the building department or an official will need to inspect the job to ensure it meets requirements.
But say your building needs repairs that aren’t an immediate threat to people’s safety. The inspector’s report serves as notice. However, you can’t simply ignore those recommendations or put them off.
You have 120 days to get your permit and another 120 days to make the repairs. Once complete, schedule an inspection.
Who Is Qualified to Inspect Buildings and Elevated Structures?
Unfortunately, you can’t just hire anybody to inspect your building’s balconies and other elevated structures. The law states that inspectors must be general contractors with specific types of licenses. These licenses are C-5, B, or A classifications issued by the State of California. Inspectors must also have a minimum of five years of experience.
This experience can be as a general contractor, certified building inspector, structural engineer, or architect. Also, the person that makes your repairs cannot be the same individual or company as your inspector. You can imagine this makes getting an SB721 inspection way before the 2025 deadline more urgent.
That said, inspectors might point you in the right direction toward contractors who can make repairs. If you’re lucky enough to not need any repairs, it’s still a good idea to ask anyway. You never know if a reinspection report or routine maintenance work will require you to search for a good contractor.
Remember that an inspector will look at the structure itself and its waterproofing system. Waterproofing systems may include sealants or other materials, depending on the building and the elevated structure. In the report, you should see both the structure and waterproof measures' expected remaining lifespan. Put any necessary maintenance on those items in your budget.
Final Thoughts
The California balcony inspection law, also known as SB721, is meant to protect tenants and the public. After people lost their lives or were injured because of a Berkeley balcony collapse, Governor Jerry Brown signed SB721 into law. The main reason the law came to be was that the accident was preventable.
With proper maintenance, the balcony would not have collapsed. Therefore, all multifamily residences with at least three units and elevated structures six feet above ground must undergo an SB721 inspection. Property owners who don’t comply with the law’s requirements could face fines and the loss of their buildings.
FAQs
Here are the most frequently asked questions about SB721 inspections
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Exterior elevated elements are architectural components of a building that add visual interest and highlight its exterior design. Examples of exterior elevated elements include balconies, porches, railings, staircases, columns, and window treatments.
When used correctly, they can create an attractive and unique look to any building while also providing function and safety. Properly designed and constructed exterior elevated elements can also increase the value of a structure, making them attractive features for both current and potential homeowners.
In addition to aesthetic appeal, these architectural components can be used as part of a functional design that allows for easy access, ventilation, and privacy in an outdoor space.
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An elevated patio is commonly referred to as a raised deck or platform deck. A raised deck typically consists of a wooden framework built on top of an existing concrete slab or patio, creating an outdoor living area that is both attractive and functional.
Raised decks offer many advantages including improved drainage and increased protection from the elements. They also provide added space for outdoor recreational activities and can be customized with a variety of features, such as benches, planters, and pergolas.
Raised decks are ideal for any property where space is an issue or if the homeowner wants to take advantage of the views from a higher vantage point. With careful planning and thoughtful construction, raised decks can add value to any outdoor living space.
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High-rise structures must have adequate safety provisions to protect the occupants and neighboring properties from harm. This includes fire safety, structural integrity and stability, evacuation systems, access for emergency responders, and seismic considerations.
Fire safety should include fire suppression systems such as sprinklers, alarms and smoke detectors; fire walls; fire stopping; and pyrotechnic devices. Structural integrity and stability should include the use of reinforced concrete, steel or other suitable materials; securely anchored foundations; adequate load bearing capacity; and isolation of elements to prevent collapse in case of an earthquake.
Evacuation systems should include wide stairs with a minimum number of turns for occupants to quickly exit the building, as well as elevators designated for emergency responders. Access for emergency responders should include parking areas close to the structure, wide access roads and stairwells, and an adequate number of fire escapes that meet or exceed code requirements. Seismic considerations should also be taken into account; the building must have enough flexibility to absorb seismic shocks without collapsing.
All of these provisions will help ensure the safety and security of occupants in the event of a fire or an earthquake. It is essential that all high-rise structures be designed and constructed according to building codes to meet the safety requirements set out by local authorities.
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When it comes to the design and construction of any structure, safety should be the top priority. There are three primary requirements for a safe structure:
1. Structural integrity: The structure must be designed in such a way that it can withstand all expected loads from wind, rain, snow and seismic activity.
2. Fire protection: Ideally, the structure should be designed to prevent fire from spreading and protect occupants from injury or death.
3. Accessibility: The structure should meet all applicable accessibility regulations, such as those specified by the Americans with Disabilities Act (ADA). This means that any areas of the building must be accessible for disabled persons in accordance with the laws.