Bill Text: CA SB721 | 2017-2018 | Regular Session | Amended
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
Assembly
June 11, 2018 |
Amended
IN
Senate
January 11, 2018 |
Amended
IN
Senate
January 03, 2018 |
Amended
IN
Senate
May 15, 2017 |
Amended
IN
Senate
April 27, 2017 |
Amended
IN
Senate
April 17, 2017 |
Amended
IN
Senate
March 27, 2017 |
Senate Bill | No. 721 |
Introduced by Senator Hill (Coauthor: Senator Skinner) |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect, licensed civil or structural engineer, 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. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by 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. The person or business performing the inspection shall be hired by the owner of the building.
(b)For purposes of this section, the following terms have the following definitions:
(1)“Associated
waterproofing elements” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
(2)“Exterior elevated element” means balconies, decks, porches, stairways, walkways, entry structures, and their supports and railings, 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 or stability of the exterior elevated element.
(3)“Load-bearing components” are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building.
(c)The inspection required by this section shall at a minimum include:
(1)Identification of each
exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2)Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3)The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A)The current condition of the exterior elevated elements.
(B)Expectations of future performance and projected service life.
(C)Recommendations of any further inspection necessary.
(D)Recommendations of any necessary repair or replacement.
(4)A
written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection. 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. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d)The inspection shall be completed by January 1, 2024, and by January 1 every six years thereafter. The inspector conducting the inspection
shall produce an initial report pursuant to paragraph (4) of subdivision (c) and a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Local enforcement agencies may
determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owner’s permanent records and disclosed and delivered to the buyer at the time of any subsequent sale of the building.
(e)The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section.
(f)If the property was inspected within three years prior to January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until six years from the date
of that report.
(g)An exterior elevated element found to be in need of repair or replacement by the inspector, shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1)The inspector’s
recommendations or alternative recommendations by a licensed professional described in subdivision (a).
(2)Any applicable manufacturer’s specifications.
(3)The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4)All local jurisdictional requirements.
(h)(1)An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and
the owner of the building shall perform required preventive measures immediately. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2)The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to
make the repairs unless an extension of time is granted by the local enforcement agency.
(i)(1)The owner of the building shall be responsible for complying with the requirements of this section.
(2)If the owner of the building does not comply with the repair requirements within 120 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the
local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.
(3)In the event that a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorder’s office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(j)(1)A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and
assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building.
(2)In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.
(3)A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment.
(4)Notwithstanding any other law, the county recorder may impose a fee on the city to
reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and
providing notice to the owner of the building as part of its foreclosure action to enforce the lien.
(k)The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building.
(l)Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(m)This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code, that complies with, or is exempt from, the provisions of Section 4776 of the Civil Code.
(n)The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.
SECTION 1.
Article 2.2 (commencing with Section 17973) is added to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, to read:Article 2.2. Exterior Elevated Elements: Inspections.
17973.
(a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. 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. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by 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. The person or business performing the inspection shall be hired by the owner of the building.SEC. 2.
Section 4776 is added to the Civil Code, to read:4776.
(a) At least once every six years, the board of directors of a common interest development shall cause to be conducted a reasonably competent and diligent inspection 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, of the load-bearing components and associated waterproofing elements of exterior elevated elements. The inspector shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by 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.(D)Recommendations of any necessary repair or replacement.