As a reader of Weinstein Construction’s blogs, you are likely already aware of California Senate Bills 326 and 721, also known as the Balcony Repair Inspection Laws.  These laws require that Los Angeles owners of a multi-unit residential apartment building, or a Condominium association of a condo building, conduct a balcony safety inspection for their building and repair any damaged balconies, decks, stairs, catwalks, and other “Exterior Elevated Elements” (“EEE”).

Here at Weinstein Construction, the Los Angeles region’s leading balcony inspection contractor, we thought you might want to have on-hand a nifty, simple (yet detailed!) table containing all the information you needed to plan out the process for inspecting and repairing your building’s EEE!  We suggest you print out this blog and simply use a pair of scissors to cut out the below table, and keep it handy as you plan ahead!

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SB-721

SB-326

Applicability

Applies to multi-family residential apartment buildings (commercial apartment buildings). Applies to condominiums controlled by a condominium association.

Compliance deadlines

Owners have until January 1, 2026, to complete the first inspection, and must have an inspection every 6 years (or less) thereafter. Condominium association’s have until January 1, 2026, to complete the first inspection, and must have an inspection every 9 years (or less) thereafter.

 

The new California Assembly Bill 2579 (approved on September 28, 2024) extended the deadline for the initial inspection until January 1, 2026, and it also mandates that: (i) a new inspection is not required until January 1, 2026, if the property was inspected between January 1, 2016, and January 1, 2019, and thereafter, a new inspection is required every six years; and (ii) if an adequate inspection was conducted between January 1, 2019 and the present time, a re-inspection is not required, until six years after the date of the inspection report, and thereafter, every six years.

Importance of scheduling inspection today

Inspecting earlier means having more flexibility to schedule an inspection with balcony inspection contractors when you want it, getting a better balcony inspection service price, and receiving a better price for potential Balcony Repairs in Los Angeles, if any are needed!

Who may perform inspections?

Only a licensed architect, civil or structural engineer, or a building contractor holding specific licenses as a B General Contractor or C5 Framing. Only a licensed architect or structural/civil engineer can inspect (note that SB 326 was amended by AB-2114 to additionally authorize a civil engineer to conduct the inspection, and AB-2114 was signed into law, and took immediate effect, on July 15, 2024).

Who can repair EEE’s?

Contractors who conduct inspections are also allowed to repair faulty EEE’s, as per Senate Bill 607. Los Angeles balcony repair contractors such as Weinstein Construction may do remediation work.

Definition of EEE

Structures (including supports and railings) such as:  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 exterior elevated element.  Also included in the required inspections are the EEE’s “associated waterproofing elements” (i.e., flashings, membranes, coatings, and sealants).

What constitutes an inspection?

The EEE inspection should identify each type of EEE and the various components of the deck, balcony, landing, or stairway structure.  After these are identified, the inspection should include, at a minimum, an evaluation of the: (i) condition, adequacy and performance of load-bearing components; (ii) condition, adequacy and performance of associated waterproofing elements; and (iii) evaluation of expected future performance and projected service life.

What is the inspection methodology?

15% of each type of EEE in the building should be inspected as part of the initial round of inspections prior to January 1, 2025.   After six years, the next randomly selected 15% sampling of EEEs would need to be inspected. A “statistically significant sample” of EEE’s must be inspected (defined as 95% confidence, plus or minus 5%).  Obtaining this number will likely require the Condominium association to employ a statistician to calculate the number of EEE that should be inspected.

Inspection and repair requirements

If inspector finds repairs are not necessary, no further action is required, other than record-keeping.

If inspector finds that EEE’s require repairs, but no immediate safety concerns, building owner applies for repair permit within 120 days after they receive the inspection report. When permit is approved, owner has 120 days to complete the work (city may grant extensions).
If inspector finds immediate health and safety threats and that emergency repairs are necessary, inspector sends a copy of report to local enforcement agency in 15 days. Enforcement agency may declare the building to be substandard and send the owner an abatement notice, along with time frame to resolve issues.

Inspectors must notify local enforcement authorities if building owner doesn’t comply with repair requirements within 180 days. That gives the owner a 30-day period to complete repairs. If no extension to complete repairs is granted, after 30 days, owner gets a daily civil penalty and safety lien until repairs are complete.
Owner required to keep copies of at least two inspection cycles of inspection reports in permanent records, and must also disclose and deliver the reports to a buyer if the building is sold.

If inspector finds repairs are not necessary, no further action is required, other than record-keeping.

If inspector finds non-critical repairs needed, Condominium association is not required to apply for permit repairs under any particular timeline, and has full control of the timeline to complete repairs.

If inspector finds EEE’s that pose an immediate health and safety threat or that emergency repairs are necessary, inspector is required to send copy of inspection report to local enforcement agency in 15 days. The Condominium association must then take immediate preventative steps to prevent access to affected EEE’s until repairs are performed, inspected, and approved by enforcement agency.

If Condominium association submitted a building permit application on or after January 1, 2020, the first inspection to its property must occur no later than six years following the issuance of the certificate of occupancy.

The Condominium association is required to keep copies of at least two inspection cycles of inspection reports in their permanent records and as such, a Condominium association is required to maintain inspection reports for 18 years.

Who should you call for balcony inspection?

Call Weinstein Construction today at 866-623-5788 to schedule a free consultation for California balcony inspections.  Take advantage of lower prices in Los Angeles now and get help in planning for these mandatory inspections!   We will also help you ensure that your EEE repairs are done right and for the right price!

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