Bill Text: CA SB721 | 2017-2018 | Regular Session | Amended
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-Amended.html
units, any units that have an 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, a certified construction inspector, or building official as specified in Section 18949.27 of the Health and Safety Code, 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.
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-Amended.html
|
Amended
IN
Senate
March 27, 2017 |
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 amended, 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 a property owner to conduct an inspection of decks, balconies, and elevated walkways more than 6 feet above ground level in a building containing 3 or more multifamily units by
utilizing 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, with certain exceptions, 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 assess specified civil penalties against a property owner, in the form of a lien against the
property, for failure to timely comply with these provisions, as specified. 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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) (1) All buildings containing three or more multifamily dwellingBuilding
(2) 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 person or company responsible for management or operation of the building. All
(3) If corrective work is required, a property owner shall apply for a permit within 60 days of receipt of the inspection report. Once the permit is approved, the property owner or owner’s designated agent shall have 90 days to make the repairs.
(4) 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.
(5) The property owner shall be responsible for complying with the requirements of this section. The person or business performing the inspection shall be hired by property owner or by the person or company responsible for the management or operation of the building.
(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) (1) 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.
(2) These multifamily buildings of three units or more shall comply with the inspection and documentation requirements described in subdivision (b), which shall be completed before the end of the sixth year following the issuance of the certificate of occupancy and every five years thereafter.
(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 property owner or the property 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.
(f) (1) A property owner or the owner’s designated agent shall not be required to produce a new inspection report of the multifamily building if both of the following are met:
(A) The multifamily building was inspected by a licensed professional, described in subdivision (a), within three years
prior to January 1, 2018.
(B) The inspection was performed by a licensed professional, described in subdivision (a), and the inspection report states that the decks, balconies, elevated walkways, or other related exterior elevated elements are in proper working condition and do not pose a threat to the health and safety of the public.
(2) If the above requirements are met, a property owner or the property owner’s designated agent shall file a copy of the
final inspection report to the county recorder. Beginning five years after the completion of the inspection, these multifamily buildings of three units or more shall be reinspected and a new inspection report filed with the county recorder and every five years thereafter.
(g) (1) If a property owner or an owner’s designated agent does not comply with the inspection or repair requirements after 60 days, the enforcing agency shall send a 30-day corrective notice certified mail to the owner or owner’s designated agent. If within 30 days of the date of the notice, the inspection is not completed, the owner of the multifamily building shall be assessed a daily civil penalty of one hundred dollars ($100) per day,
which shall constitute a lien against the property, until the inspection is complete.
(2) If a corrective notice is sent under this subdivision, the property owner or the owner’s designated agent shall have 60 days from the completion of the inspection to complete the repairs, unless an extension of time is granted by the local enforcing agency. If the repairs are not completed within the designated time, the property owner shall be assessed a civil penalty of one hundred dollars ($100) per day, which shall constitute a lien against the property, until the repairs are completed.
