In 2018, the California Senate passed Senate Bill 721. The bill imposes new safetystandards for apartment decks and balconies and has far-reaching implications for propertyowners, managers, and landlords.
Here at Deck and Balcony Inspections, Inc., we inspect California balconies, decks, andwalkways every week and understand the extensive compliance requirements of SB-721.
In this blog, we outline everything you need to know about this law and what you need todo before the January 1, 2025 deadline.
Let’s dive in.
What Led SB-721 to be Passed?
SB-721 was passed in response to a tragic balcony collapse in Berkeley, California. Theevent took place at a student housing facility and killed six college students.
In response to the tragedy, an investigation was launched to determine the cause. Theinvestigation uncovered three key things:
The balcony failure was caused by dry rot.
The balcony had not been inspected by trained personnel.
The balcony failure was 100% avoidable.
These findings compelled the California senate to draft and pass the new bill.
What are the Requirements of SB-721?
Here are the key takeaways:
Mandatory Safety Inspections. Every apartment facility with decks, balconies,entries, or walkways elevated more than 6” must have safety inspections performedbefore January 1, 2025.
Qualified Safety Inspectors. All balcony inspections must be performed by personnelwho are qualified to do so under the provisions of SB-721. Qualified parties includegeneral contractors licensed in the state of California, certified building inspectors, andarchitects or engineers. It is important to note that the person who performs theinspection cannot be the same person who completes any needed repairs.
Recurring Inspection Safety inspections must reoccur every six years and becompleted by qualified safety inspectors. A minimum of 15% of each type of elevatedelement must be inspected each time. The inspector can choose which elevatedfeatures to examine.
Documented Inspection Reports. Safety inspection reports must be kept for twoinspection cycles or (a total of 12 years). Furthermore, the inspection reports must bemade available for jurisdictional officials upon request.
Penalties. Under the new bill, penalties of $100-$500 per day will be assessed for non-compliant facilities. If a civil fine or penalty has been assessed, the local jurisdictionalso reserves the right to enforce a safety lien against the facility. If a building ownerrefuses to pay the fines issued against them, the local jurisdiction can seek to satisfythe lien through foreclosure.
Impacts on the landlord’s insurance. If a facility falls into non-compliance, it mayaffect the building or landlord’s eligibility for insurance.
SB-721 Reporting Requirements
Under SB-721, safety inspection reports have three primary requirements. These are as follows:
The inspection report must clearly define the condition of the elevated exteriorelement. The report must provide enough information so that the person reviewing thereport can make informed decisions regarding the next steps.
The report must clarify expectations regarding the projected service life of theelevated element. This can be difficult, as the life expectancy of any exterior wood-framed feature is wholly dependent on the frequency and quality of neededmaintenance duties.
The report must make recommendations for additional inspections if needed.Additionally, the law allows inspectors to order further inspections based on theirpreliminary findings.
The inspection company must deliver a full report that satisfies these three mainrequirements within 45 days of the inspection.
What If Repairs are Required?
If the inspection report reveals that repairs are needed, the inspector must classify thefindings under one of two categories.
These categories are as follows:
Immediate Action Required
These issues represent a risk to life and safety. Examples include a loose deck rail thatwould break if a person were to lean against it or extensive dry rot that compromises thestructural integrity or stability of a balcony.
If the safety inspection reveals issues that require immediate action, the inspector must notifythe building owner and local building department within 15 days of the inspection. Theowner must then inform the effective tenant and secure the area if needed to preventaccess.
If repairs are not completed within 180 days, the inspector will issue a 30-day warning to theproperty owner and local building day apartment. If 30 days expires and the needed repairsare still not complete, a safety lien will be filed against the property and daily penalties will be assessed.
Repairs Required
These issues include anything that cannot be cured by maintenance but does not currentlyrepresent a threat to safety. An example could be the beginning stages of dry rot in a deckrail.
If an inspection reveals that repairs are required, the owner has 120 days to obtain abuilding permit for the needed repairs and an additional 120 days to make the necessaryrepairs after the permit is issued.
If the repairs are not complete within 180 days, the inspector will issue a 30-day warning andnotify local law enforcement. If 30 days pass and the repairs are still incomplete, a safety lienis filed, and daily penalties are assessed.
Why Choose Us to Perform Your SB-721 Inspection?
Here at Deck and Balcony Inspections, Inc., we pride ourselves on using state-of-the-arttechnology to provide comprehensive inspection services that help you comply with therequirements of SB-721.
Here are just a few of the reasons apartment owners choose our team:
Industry Experience. Owner Daniel Cronk has more than 40 years of experience inthe construction industry, as both a certified structural inspector and generalcontractor.
Non-invasive inspections. When we perform deck and balcony inspections, we gothe extra mile to be thorough, precise, and non-invasive. Our proprietary processallows us to avoid destructive testing by using endoscopes to evaluate the internalstructure of your balcony – without creating additional expenses for you.
Intelligent software integration. We use cutting-edge software that integrates withmoisture sensors and allows us to determine whether moisture – the leading cause ofdestructive, dangerous balcony dry rot – has penetrated the exterior coatings of yourbalcony.
Comprehensive reporting. After each inspection, we provide an easy-to-read,interactive online report complete with color-coded breakdowns that prioritize neededrepairs based on urgency.
Affordable reinspection. Get off the hamster wheel of compliance and stop payinghefty reinspection fees every six years. When you develop a long-term relationship withour team, your interactive safety reports can easily be updated to include new findingsand save you money on subsequent inspections.
Don’t Wait Until the Last Minute! Schedule Your SB-721 InspectionToday
SB-721 imposes new requirements forbuilding owners and landlords. It’s temptingto see the deadline of January 1, 2025 andassume you’ve got plenty of time to meetthem.
Unfortunately, that’s simply not true.
At the time of this writing, there are nearly500,000 apartment facilities in California,but only 200 building inspectors qualifiedto perform SB-721 inspections.
At that ratio, each inspector would need tocomplete more than 800 inspections per year to fulfill the impending need, which simply isn’tpossible.
As such, we recommend you lock in your inspection dates sooner rather than later.
Fortunately, our team is here for you.
Keep your tenants and employees safe and enjoy the peace of mind that comes withknowing your facilities are compliant and structurally sound.
