Bill Text: CA SB721 | 2017-2018 | Regular Session | Introduced

California Senate Bill 721 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Building standards: decks and balconies: inspection.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-09-17 - Chaptered by Secretary of State. Chapter 445, Statutes of 2018. [SB721 Detail]

Download: California-2017-SB721-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 721

Introduced by Senator Hill
(Coauthor: Senator Skinner)

February 17, 2017

An act to add Section 7071.20 to the Business and Professions Code, relating to contractors.

LEGISLATIVE COUNSEL'S DIGEST

SB 721, as introduced, Hill. Contractors: decks and balconies: inspection.

Existing law provides authority for an enforcement agency to enter and inspect any buildings or premises whenever necessary to secure compliance with or prevent a violation of the building standards published in the California Building Standards Code and other rules and regulations that the enforcement agency has the power to enforce.

This bill would require the inspection of decks, balconies, and elevated walkways more than 6 feet above ground level in a building containing 3 or more multifamily units by a person licensed to perform these inspections by the Department of Consumer Affairs. The bill would require the inspections and any necessary repairs to be completed by January 1, 2021, and would require subsequent inspections every 5 years, except as specified. The bill would require a copy of the inspection report to be filed with the county recorder and made available, as specified. The repairs made under these provisions would be required to comply with the latest edition of the California Building Standards Code and all local jurisdictional requirements. The bill would authorize local enforcing agencies to recover enforcement costs associated with these requirements.

Because this bill would impose new duties upon local enforcement authorities, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 7071.20 is added to the Business and Professions Code, to read:

7071.20.

(a) All buildings containing three or more multifamily dwelling units, any existing balcony or other elevated walking surface exposed to water, including, but not limited to, rain, snow, or irrigation, with structural framing that is protected by an impervious moisture barrier shall be inspected. For purposes of this section, balconies or other elevated walking surfaces less than six feet above grade are not included. The inspection shall be performed by a licensed general contractor, structural pest control licensee, licensed architect, licensed engineer, or other licensee as approved by the Department of Consumer Affairs. The purpose of the inspection is to verify that all of the balconies and other elevated walking surfaces covered by this section are in generally safe condition, adequate working order, and free from hazardous dry rot, fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.

Building elements, including the walking surface, structural frame and connector hardware, weatherproofing, landings, stairway systems, guardrails, handrails, and any other elements critical to the safety of the balcony or elevated walking surface, found to be in need of repair or replacement, hazardous, structurally deficient, or noncompliant shall, upon determination by the licensed professional, be immediately corrected by the property owner or individual responsible for management or operation of the building. All necessary permits for repair or replacement of exterior balconies and elevated walking surfaces shall be obtained from the local jurisdiction. All repair and replacement work, including installation and inspection of impervious moisture barrier systems, must be performed in compliance with manufacturer’s instructions, the latest edition of the California Building Standards Code, and all local jurisdictional requirements.

(b) The inspection and repairs shall be completed by January 1, 2021, and every five years thereafter. The licensed professional conducting the inspection shall produce an initial report that states the condition of the building features and recommendations for repair, conditioning, or replacement and a final report indicating that all of the required repairs have been completed. A copy of the final report shall be submitted to the county recorder for recordation. Local enforcing agencies may determine the information to be provided in the report and require a copy of the initial or final reports, or both, to be submitted to the local jurisdiction in lieu of recordation.

(c) Multifamily buildings of three units or more for which a building permit application has been submitted on or after February 1, 2017, are exempt from the inspection certification requirements for a period of five years following issuance of a certificate of occupancy from the local jurisdiction.

(d) The continued and ongoing maintenance of balconies and elevated walking surfaces and parts thereof, in a safe and sanitary condition, shall be the responsibility of the owner or the owner’s designated agent. To determine ongoing compliance with this subdivision, the enforcing agency shall have the authority to require reinspection of those structures.

(e) Local enforcing agencies shall have the ability to recover enforcement costs associated with the requirements of this section.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.