Imagine relaxing on your balcony, enjoying the sun and fresh air, when suddenly, the structure gives way beneath you. This nightmare led to California Balcony Inspection Law passed in 2019.
The law requires that all buildings with three or more units must inspect exterior elevated elements. These inspections must be done by January 1, 2025.
The main goal of the Balcony Inspection Law is to prevent balcony collapses that can cause injuries or fatalities. The state of requires that all multi-family buildings with balconies and other elevated elements undergo an inspection. The inspection must be done by a qualified inspector who has completed the necessary training and examination. The inspection must be performed on a regular basis to catch problems early so that they can be repaired before they become dangerous.
An inspector will look at the structure of the balcony and its connection to the building, as well as the condition of the surface and the waterproofing systems. Inspectors will also look for any signs of rot or damage to wood members. Waterproofing failures are a common problem, especially in areas with frequent rainfall and humidity. In addition, the inspector will check that the balcony is supported by a solid foundation. If the balcony is not adequately supported, it can easily collapse under the weight of people and furniture.
Another common problem that the inspector will look for is loose or unfastened connections. These are often caused by corrosion or wear and tear over time. In many cases, the corrosion is due to the metal connectors and fasteners being exposed to moisture. For this reason, the law recommends that steel connectors and fasteners be replaced with stainless-steel alternatives.
If the inspector finds any issues that are a risk to life, safety or property, the owner must notify the local building department immediately and begin repairs. In some instances, the local building department may impose a safety lien on the property if the owner fails to make the necessary repairs.
The Balcony Inspection Law applies to all multi-family buildings that contain three (3) or more units, including buildings that are undergoing a condominium conversion process. However, it is important to note that local jurisdictions may establish more stringent inspection requirements than those set forth by the state.
Why is it important to have a Balcony Inspection?
Keeping balconies safe and in good repair is a priority for property owners. This is why the state has passed laws to ensure regular inspections are carried out on wood-framed “exterior elevated elements.” These include balcony, deck, porch, stairway, and walkway structures. It’s important to understand the stipulations of these laws so that you can comply with them and keep your residents safe.
The law states that building occupants must have their balconies inspected by a licensed architect or structural engineer. These professionals are trained to look for any signs of damage or deterioration that could impact the stability of these structures. In addition to examining the condition of the balconies, these professionals will also check to make sure all connections between structures are secure. This includes checking to see if any fasteners have become loose or damaged. They will also examine the sturdiness of railings and handrails to ensure they meet current building codes for height and spacing requirements.
If any problems are identified, the owner must have them repaired in a timely manner. This is to prevent injuries or deaths that may occur if the balcony collapses. The law also requires that a written report be delivered to the local jurisdiction after the inspection.
The laws also require that the balconies be inspected at least every six years. The first inspection must be conducted before January 1, 2025, and then the inspections should be done every six years after that. If the balcony is found to be in need of immediate repair, it must be repaired within about eight months.
While the Balcony Inspection Law focuses on the inspection obligations for multi-family buildings, it doesn’t apply to common interest developments. To establish inspection requirements for these types of buildings, Governor Newsom signed Senate Bill 326 into law on August 30, 2019, adding Civil Code Section 5551 to the Davis Stirling Common Interest Development Act. This requires homeowner associations to have their exterior elevated elements inspected by a licensed architect or civil or structural engineer, as well as a building contractor who holds any of the “A,” “B,” or “C-5” license classifications from the Contractors’ State License Board with a minimum of five years of experience.
What is the Balcony Inspection Process?
The inspections required by the new law are meant to assess a balcony’s structural integrity. They will include a visual examination and non-destructive exploratory methods such as moisture sensors, borescopes, or infrared imaging. The objective is to identify the source of water intrusions that can cause damage and deterioration to load-bearing components. If a balcony has been damaged, the inspector will then assess what repairs are needed to protect the structure.
The law specifies that “an inspection must be completed through the least intrusive means possible in order to inspect the load-bearing elements of a balcony.” It also requires that any building undergoing condominium conversion undergo a mandatory inspection prior to closing on escrow. This includes multifamily buildings with balconies as well as those already converted to condos.
During an inspection, inspectors will check the condition of all railings and their connections to the balcony and the building structure. They will examine the height of guardrails, ensuring they meet international code requirements for safety. They will also look for any cracks in concrete floors or walls, as well as deterioration of wood structures. Inspectors will also evaluate steel connections to the balcony, and they will verify that they are secure and free of corrosion or damage.
The inspector must be qualified to perform the inspections, and a building owner can only hire one of these professionals: a licensed architect; a licensed civil or structural engineer; a building contractor with any or all of the A, B, and C-5 license certifications from the Contractor’s State License Board and at least five years of experience; or an individual certified as a professional inspector by a nationally recognized state, national, or international association. It is important to note that these professionals cannot be employed by the building owner during an inspection.
Property managers and owners can use the Balcony Inspection checklist to ensure compliance with the new law, improve safety, and reduce liability for structural failures related to balcony accidents and injuries. The checklist will help to identify any potential risks such as unstable railings, cracked surfaces, and water leaks that could be hazardous for occupants.
What happens if I don’t have a Balcony Inspection?
In 2018, they passed a law mandating that balcony inspections must be performed on wood-framed multifamily buildings with 3 or more units every six years. This is a part of an effort to prevent another balcony collapse like the one in Berkeley, CA that killed 6 people and injured many more. Senate Bill 721 and its related laws affect wood-framed balconies and other exterior elevated elements (EEEs) in multifamily buildings. These include stairways, porches, decks, and walkways.
The inspection must be conducted by a qualified professional, including architects, structural engineers, or certified building inspectors. Additionally, a building owner is required to hire a qualified contractor for any repairs or other work necessary to comply with the law. These contractors must have an A, B, or C-5 license from the Contractors State License Board with a minimum of five years of experience.
Balcony inspections are important because they can help identify potential hazards and safety risks in time to take corrective action before the problem escalates into a serious structural issue. As such, it is imperative that apartment owners and property management teams remain up to date on the requirements and schedule regular balcony inspections with a qualified professional to ensure compliance.
While the initial costs of implementing and maintaining balcony inspections may seem high, they will likely save money in the long run by reducing repair and replacement expenses associated with the structural integrity of the building. Additionally, routine inspections can catch problems in their early stages when they are less expensive to fix and easier to resolve.
For example, if a balcony inspector detects moisture intrusion on a particular unit, it is crucial that the affected balcony be immediately repaired by a licensed contractor to prevent further damage to the structure. A delay in this process could result in costly and time-consuming repairs that might not be covered by insurance.
In the case of non-compliance, local jurisdictions retain the authority to levy fines, penalties, and safety liens on the building for failing to meet balcony inspection requirements. While these violations are typically civil, they can be extremely costly and negatively impact a building’s financial stability.