Draft:Sb 721

California Senate Bill 721 of 2018

In 2018, California introduced Senate Bill 721 (SB 721), which requires regular inspections of exterior elevated elements (EEEs) like balconies, decks, stairways, and walkways in multifamily residential buildings. The bill aims to prevent accidents caused by structural failures of these elements, which have, in some cases, led to serious injuries and fatalities.

Background

The law came about in response to several tragic events, including the 2015 Berkeley balcony collapse, where multiple people lost their lives. To help prevent similar incidents, SB 721 requires that exterior elevated elements in buildings with three or more residential units undergo regular checks and maintenance.

Inspection Requirements

Inspections must be carried out by qualified professionals such as licensed architects, structural engineers, or certified building inspectors. The first inspection is due by January 1, 2025, with subsequent inspections taking place every six years. These inspections focus on the safety and structural integrity of exterior elevated elements, including checks for proper waterproofing and any other potential hazards.

Scope and Applicability

Properties Covered

SB 721 applies to buildings with three or more multifamily units.

Exemptions

However, some buildings, such as condominiums managed by homeowners associations (HOAs), are not subject to this bill. These properties fall under the guidelines of Senate Bill 326 (SB 326), which has similar requirements for inspections of exterior elevated elements.

Property Owners' Responsibilities

Ensuring Compliance

Property owners must ensure they hire qualified professionals to carry out the inspections as required by the law.

Maintaining Records and Addressing Issues

Owners also need to keep records of inspection reports for at least two cycles and promptly fix any issues that are flagged during inspections. If a serious hazard is identified, owners must act quickly and inform the appropriate authorities.

Financial Implications

Cost EstimatesThe estimated costs of inspections under SB 721 vary depending on the size of the building. Below is a breakdown of the costs based on building size:

Building Size	Estimated Cost
Small (3-10 units)	$2,000 – $4,000
Medium (11-50 units)	$5,000 – $10,000
Large (50+ units)	$10,000+

Penalties for Non-Compliance

Fines and Liens

Property owners who fail to comply with the inspection requirements may face civil penalties

and could have a lien placed on their property.

Enforcement

Local enforcement agencies are responsible for ensuring compliance and may issue corrective notices if repairs are not made within the designated timeframe.

Conclusion

SB 721, popularly referred to as the "Balcony Inspection Bill," is a very important legislation that was introduced into law concerning raising safety standards in California multifamily buildings. This bill was an introduction after several tragic incidents that involved the structural failure of elevated elements such as balconies, decks, and walkways. These failures brought to light the dire need for stringent safety regulations to protect residents and visitors.

SB 721 requires owners of multifamily buildings containing three or more dwelling units to inspect load-bearing components that extend beyond the exterior walls of the building, including balconies, exterior elevated walkways, decks, porches, and similar structures. Such inspections must be performed by a licensed architect, structural engineer, or certified building inspector.

First, it shall be mandatory that the initial inspection be carried out on or before January 1, 2025. Subsequent inspections are also done every six years henceforth. This shall entail assessment by professions in regard to structural integrity and material condition in ensuring that they remain free of hazard so as to meet building code standards concerning such issues as dry rot, water intrusion, and other forms of deterioration.

For property owners, compliance with SB 721 is not only a matter of legal obligation but also one of crucial responsibility, as this directly involves the safety and well-being of their tenants. Proactive adherence to such regulations helps avert tragedies and also legal and financial repercussions. Failure to comply with the law may come with huge fines, lawsuits, and even loss in property value due to safety violations.

Additionally, there are some long-term benefits for property owners regarding compliance with SB 721. Routine inspection and repair on time go hand in hand with improving tenant safety, increasing the useful life of building components, reducing the risk of expensive emergency repairs, and enhancing a property's overall marketability.

First and foremost, the property owners should retain a qualified professional who will schedule an initial inspection to be in compliance with SB 721. Second, a maintenance and repair plan should be put in place from the findings of the inspection to handle any deficiencies that are noted. This would include keeping detailed records of all inspections, repairs, and communications with the tenants to show compliance and reduce liability.

In summary, SB 721 is a milestone in the journey of making California multifamily housing safer. These regulations should be embraced by landlords as an opportunity to put tenants first while their investment is protected. Proactive landlords will find themselves in a position of trust with their tenants, free from any penalties levied by statute, helping to create a safer living environment for all.