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You are here: Home » Resources » Articles » California Balcony Inspections Deadline Extended to January 1, 2026

October 10, 2024

California Balcony Inspections Deadline Extended to January 1, 2026

By Shari Fykes and Patryk Kozan, PE

By Patryk Kozan, PE, Senior Engineer for Partner Engineering and Science, Inc.

On September 28, 2024, California’s Governor approved Bill AB2579. Passed by the Assembly and Senate, AB2579 will extend the deadline for the initial balcony inspection to January 1, 2026. This extension helps owners and operators who are struggling to complete inspections on time. If you completed an earlier round of inspections prior to SB721 being established (between January 1, 2016 and January 1, 2019), your building needs to be inspected again by January 1, 2026 (and then every 6 years after that inspection report date). If you have already completed an SB721-compliant inspection between January 1, 2019 and the present, you do not have to re-inspect until 6 years after the inspection report date. All subsequent inspections are to be completed at a 6-year interval. The 6-year interval is tied to the date of the first report.

California Senate Bill SB721, colloquially known as the California balcony inspection law, was signed into law in 2018 and took effect in January 2019. Essentially, the Statute requires the evaluation of Elevated Exterior Elements, such as balconies, stairways, and similar elevated structures, that rely on wood-framed elements at multifamily buildings with three or more units no later than January 1, 2025.

The law requires that corrective work that does not pose an immediate threat to the safety of the occupants, otherwise known as “non-immediate repairs,” must have a permit applied for within 120 days of receipt of the inspection report, and once approved, must be repaired within 120 days unless an extension of time is granted by the local enforcement agency. If emergency conditions are observed, the law requires immediate action be taken and the report be delivered to the local enforcement agency within 15 days of completion of the report.

The repair process can be stressful for owners as it requires addressing building issues and finding contractors quickly. To help, Partner offers pre-assessment services that identify potential problems early without starting the SB721 timeline. These services also provide cost estimates of the repairs, as well as projected costs for repairing EEE at the entire property, assuming the deficiencies observed are consistent throughout. The pre-assessments can be supplemented with the state-required inspection report before the new deadline.

Frequently Asked Questions (FAQs)

 

Is a structural engineer or architect always needed for repair work?

Any modifications to structural framing, guardrails, or waterproofing components that alter the current conditions should be designed by a licensed professional engineer and/or architect. In some cases, a licensed contractor may be restricted to performing in-kind replacements, though this can vary depending on local regulations. It is essential to consult the local governing authority to determine the specific building permit requirements.

Is the fact that there have been no visible fungi/other issues on balconies/walkways in a building for 20+ years indicative that things are generally in working order?

A 20+ year history with no visible fungi or issues doesn’t mean problems aren’t present now or won’t appear in the future. Regular monitoring and proper maintenance help reduce risks but don’t guarantee complete prevention.

Do you work with clients regarding Local Requirements (ex. Santa Monica, CA)?

Partner checks with local governing agencies regarding any additional SB721 inspection requirements unique to those jurisdictions. Professionals/contractors performing the repair work should check with local requirements for design/repair requirements.

Is 15% of each building on the property required, or 15% of the property as a whole required to be inspected?

This may vary from project to project and is ultimately based on the judgment of the inspector.

What do you think about the prospect of possibly making an existing condition worse due to opening up sealed exterior to get access to balcony framing for inspection? How do you mitigate these risks?

Partner utilizes a minimally invasive inspection technique through the use of borescope cameras. This involves drilling a small ¾” hole from under the soffit and into the framing cavity, then inserting the camera and taking photos. Once the work is complete, Partner provides plugs and sealant to temporarily restore the building envelope. Partner also offers packages that provide more permanent sealant and repainting services, otherwise, it is the responsibility of the owner to provide permanent restoration or ventilation.

Berkeley already has an E3 compliance law. Will that satisfy the CA law?

Yes, local jurisdiction requirements in regard to exterior elevated element inspections typically supersede state law. Check with your local governing jurisdiction to confirm.

If a GC is doing an inspection, does it have to be a licensed person, or can it be an employee of the GC?

The law states that the inspection “shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction.”

If the owner of a building is a licensed GC, are they able to perform the inspection?

The law does not include language that prohibits a qualified GC from performing an inspection of their own property, however, this may raise questions relating to conflict of interest or may differ depending on local jurisdictions. This question is best addressed by consulting with legal counsel.

Do the borescope photos need to be included in a report or is it just a tool for you to get an idea of the condition of the EEE?

Borescope photos are required to be included in the report. The law states that “the report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections.”

Are follow-up inspections required after repairs are completed?

A follow-up SB721 inspection is only required if emergency conditions are found. To clarify, the SB721 inspector does not “sign off” on completed repairs. They simply perform another inspection within the scope of SB721 at the exterior elevated element(s) previously classified as hazardous.

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