I. SB-721 Building standards - decks and balconies: inspection.
In 2018, State of California passed Senate Bill 721, also known as the Decks and Balconies Inspection law or Exterior Elevated Elements (EEE) law. In general, the law applies to buildings with three or more multifamily dwelling units. Below is a summary of the requirements:
- SB-721 requires an inspection of exterior elevated elements and associated waterproofing elements, as defined, including decks and balconies, for buildings with 3 or more multifamily dwelling units 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, as specified.
- SB-721 requires the inspections, including any necessary testing, to be completed by January 1, 2025, with certain exceptions, and requires subsequent inspections every 6 years, except as specified.
- SB-721 requires the inspection report to contain specified items and requires that a copy of the inspection report be presented to the owner of the building within 45 days of the completion of the inspection and would require copies of the reports to be maintained in the building owner’s records for 2 inspection cycles, as specified.
- SB-721 requires that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the building within 15 days and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency (The report prepared, signed and stamped by a licensed professional needs to be submitted to City of Beverly Hills along with the permit application form for required repair work specified in the aforementioned inspection report and determined by Building Official). The nonemergency repairs made under these provisions would be required to be completed within 120 days, unless an extension is granted by the local authorities.
- SB-721 authorizes local enforcement agencies to recover enforcement costs associated with these requirements.
- SB-721 requires the local enforcement agency to send a 30-day corrective notice to the owner of the building if repairs are not completed on time and would provide for specified civil penalties and liens against the property for the owner of the building who fails to comply with these provisions. The bill excludes a common interest development, as defined, from these provisions.
- SB-721requires any building subject to these provisions that is proposed for conversion to condominiums to be sold to the public after January 1, 2019, to have the required inspection conducted prior to the first close of escrow of a separate interest in the project, and requires the inspection report and written confirmation by the inspector that any recommended repairs or replacements have been completed to be submitted to, among others, the Department of Real Estate and included in certain required statements and reports, as specified.
- SB-721 authorizes a local governing entity to enact stricter requirements than those imposed by these provisions.
II. SB-326 - Condominium Balcony Inspections
- SB-326 requires the association of a condominium project to cause a reasonably competent and diligent visual inspection of exterior elevated elements, defined as the load-bearing components and associated waterproofing systems, as specified, to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with applicable standards.
- SB-326 requires the inspector to submit a report to the board of the association providing specified information, including the current physical condition and remaining useful life of the load-bearing components and associated waterproofing systems.
- SB-326 requires the inspector to provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report, if, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants.
- SB-326 requires the association to take preventive measures immediately upon receiving the report, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
- SB-326 authorizes local enforcement agencies to recover enforcement costs associated with these requirements from the association.
- SB-326 authorizes the association board to enact rules or bylaws imposing requirements greater than those imposed by these provisions.
- For all other requirements and details, please use link below:
HOW TO SUBMIT A REPORT
Please email questions and reports via email to: Code Enforcement Division and Development Services (Building & Safety).
