FREQUENTLY ASKED QUESTIONS
Is it allowed for the same contractor to both inspect and undertake repairs?
Senate Bill 607 – Chapter 367, Section 5, modifies SB721’s original stipulation required a separation between the inspector and repair contractor. Previously, legislation mandated that buildings with three or more multifamily dwelling units, such as decks and balconies, were inspected by a licensed professional. This did not allow those contractors to also bid on any subsequent repair work. This new bill, however, removes that restriction, allowing the same contractor to conduct both the inspection and the necessary repairs. This shifts the responsibilities and powers of local enforcement entities and introduces a new approach within the state’s regulatory framework.
Are non-rent-controlled buildings subject to these laws?
Absolutely. Whether it’s a multi-family building with three or more units or residences governed by a Homeowners Association, they must adhere to Senate Bills 721 and 326, known collectively as the “Balcony Law.”
What specific parts of a building are inspected?
The focus is on elevated exterior elements like balconies, decks, porches, stairways, walkways, and entry structures, ensuring their supports and railings are secure and up to code.
Who is qualified to perform these inspections?
For multi-family buildings, inspections should be conducted by licensed professionals such as architects, civil engineers, structural engineers, certified building inspectors, or general contractors with the right licenses and experience. Homeowners Associations need to follow the same guidelines.
When are inspections due?
The inaugural inspection should be completed by January 1, 2025. Subsequent inspections are required every six years, with building owners maintaining records for two inspection cycles (12 years).
What’s the best approach to waterproofing?
Ideally it is good to opt for waterproof coatings that meet a 1-hour fire rating and have been vetted through an ICC (International Code Council) report or current LARR (Los Angeles Research Report). These measures help prevent future issues by maintaining the structural integrity of balconies and walkways.
What changes occurred post-Berkeley incident?
The tragedy led to significant building code changes, particularly concerning exterior elevated elements to prevent similar incidents. It’s important to follow updated guidelines, including proper moisture barriers and ventilation beneath balconies.
Is SB721 considered a Balcony Retrofit Bill?
Not exactly. While not solely focused on retrofits, the bill does encourage upgrades during repairs, which can potentially lower insurance rates. It’s advisable to update features like guardrails to meet modern safety standards during waterproofing projects.
Can the same contractor inspect and repair?
Yes, following Senate Bill 607, there’s no requirement for the inspector and repair contractor to be different entities, offering more flexibility in managing repairs and inspections.