During construction, especially in old buildings, wood joists that supported the doomed balcony or stairways did not receive adequate moisture protection. Therefore, as these joists are under stucco and not visible, there is a high chance that does not get enough support from the main structure of the building. Hence to avoid collapse, these two bills were designed.
The new law describes an Exterior Elevated Element to mean "the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support stability of the elevated exterior element." In other words, mean the load-bearing components together with their associated waterproofing system of each building.
In case of an emergency repair need, the owner of the building must receive a copy of the inspection report within 45 days of the inspection. But If the inspector finds conditions that are not urgent, the owner must repair them within 120 days unless local authorities grant an extension.
If the owner does not perform the repairs cited in the inspection report, local enforcement authorities must send them a 30-day corrective notice. This document must spell out the potential civil penalties and liens against the property if the owner continues to neglect the necessary repairs.
Under SB721 or similar ordinances, the requirement to rebuild a balcony would typically depend on the findings of the inspection conducted by a qualified architect or structural engineer. If the inspection identifies hazards or deficiencies that pose a safety risk, the building owner is typically required to address those issues promptly.
The decision to rebuild or repair a balcony would depend on the severity of the identified hazards or deficiencies. In some cases, minor repairs or modifications may be sufficient to address the safety concerns. However, if the issues are significant and cannot be adequately addressed through repairs, rebuilding the balcony may be necessary to ensure compliance with the ordinance and maintain the safety of the structure.
It is essential to consult with a qualified architect or structural engineer who can assess your specific situation and provide guidance based on their expertise and the requirements of SB721 or other applicable regulations in your area. They will be able to evaluate the condition of your balcony and recommend the appropriate course of action to ensure compliance and public safety.
These two ordinances ( sb721 & sb 326 ) aim to assess the condition of buildings' exterior projections and force owners to conduct life-saving repairs because of dry rot outbreaks in buildings, and prevent any collapse in the entire state of CALIFORNIA. This law grants AHJ the authority to give civil penalties and pursue building safety liens. The bill clearly states that owners are responsible for the entire process.
SB721: Requires inspection and maintenance of balconies and other elevated outdoor elements in multi-family residential buildings.
SB326: Addresses inspection of load-bearing components, such as balconies, to ensure structural integrity in multi-family residential buildings.
Soft Story Retrofit: Ordinances for strengthening multi-story buildings with weak ground floors to mitigate seismic risks.
Enforcement of SB721, SB326, and soft story retrofit ordinances typically falls under the jurisdiction of local authorities, such as building departments or code enforcement agencies. These agencies are responsible for overseeing compliance with the respective ordinances.
For SB721 and SB326, enforcement may involve reviewing inspection reports submitted by building owners, conducting random audits, or responding to complaints from tenants or the public regarding potential safety issues. If violations are identified, authorities may issue notices of non-compliance, impose fines or penalties, and require prompt remediation of identified hazards or deficiencies.
Soft story retrofit ordinances are enforced through a similar process. Building departments typically require owners of designated soft story buildings to submit retrofit plans, obtain necessary permits, and complete the retrofit within specified timelines. Failure to comply may result in penalties, notices of violation, and potential legal action.
The issuance of notices related to SB721 and SB326, as well as the specific requirements for notification, can vary depending on your local jurisdiction and the enforcement practices implemented by the city or county. It is advisable to consult with your local building department or code enforcement agency to understand the specific notice requirements and processes in your area.
In some cases, cities may proactively notify property owners about the requirements of these laws, particularly when they are first implemented or updated. This could involve sending informational letters or hosting workshops to educate property owners about their responsibilities under the legislation.
However, it's important to note that compliance with SB721 and SB326 is ultimately the responsibility of the property owner. It is recommended to stay informed about the applicable laws and actively seek guidance from professionals such as architects, structural engineers, or legal experts to ensure compliance with the inspection and maintenance requirements.
SB721 and SB326 are statewide laws in California, so they apply to all cities and counties within the state. However, it's important to note that enforcement and implementation of these ordinances may vary at the local level.
Each city and county in California may have its own building departments, code enforcement agencies, or specific local ordinances that further detail the requirements and processes related to balcony inspections and load-bearing component inspections.
No, you would not need it. During the initial review, our engineer will evaluate all elements of each direction outside of the building, so there is no need to notify and coordinate for the first analysis review. If we find some elements that require getting inside of each unit, then we will notify you, and you can send notice to them.
To determine if you have Exterior Elevated Elements (EEEs) that require inspection:
Identify structures: Look for balconies, decks, stairways, walkways, and other elevated outdoor structures attached to your building that are accessible to the public.
Review plans: Check building plans or architectural drawings for information on EEE locations.
Consult professionals: Seek guidance from qualified architects or structural engineers familiar with SB721 or SB326 to assess which elements require inspection.
Contact local authorities: Reach out to your local building department or code enforcement agency for specific inspection requirements in your area.
Remember, professional assistance and compliance with local regulations are crucial for ensuring the safety and adherence of your property.
Repairs can be divided into two categories:
A. Repairs that aren't urgent
In this case, the owner has 120 days from the date of receipt of the report to apply for a permit to complete repairs. The owner has another 120 days once the permit is authorized to complete the repairs.
The owner has another 120 days once the permit is authorized to complete the repairs.
B. URGENT Repairs
This indicates that the elevation features on the outside are not durable, may be hazardous to occupants' safety, and require immediate emergency repairs. Any repairs done after that must be inspected and reported to law enforcement.
Reports include
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· Inspection of balconies, stairways, landings, walkways, railings, and support structures.
· Inspection of waterproof traffic coatings and systems.
· A detailed report by a certified engineer with photos.
· Courtesy tips and recommendations for routine interval maintenance.
· The identification of the building components comprising the load-bearing components and associated waterproofing system.
· The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
· The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
· Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
EEEAdvisor provides much more than a simple service. It gives you access to a top-notch team of engineering professionals, each holding industry-specific certifications, ready to impart their extensive knowledge to your construction project. We cater to all your requirements across the lifecycle of the project, be it in the form of pre-sales assistance, customized configurations, execution, or even post-sales upkeep and fixes.