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 20, 2018 |
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
(1)Existing
(2)The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, and stock cooperatives. The act requires the homeowners association to maintain the common areas of the development.
This bill would require the board of directors of a common interest development, at least once every 6 years, to have an inspection conducted by a licensed architect, licensed civil or structural engineer, a building contractor holding specified licenses, or an individual certified as a building inspector or building official, as specified, of the exterior elevated elements, as defined, that the association is obligated to repair, replace, restore, or maintain. The bill would require the inspections,
including any necessary testing, to be completed by January 1, 2025, with certain exceptions, and would require subsequent inspections every 6
years, except as specified. The bill would require the inspection reports to contain specified items. The bill would require that the results of the report be used in calculating the reserve study for the development, as specified. The bill would require the inspection report to be presented to the association within 45 days of the completion of the inspection and would require copies of the reports to be maintained in the association’s records for 2 inspection cycles, as specified. The bill would require that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the association within 15 days and
emergency repairs be undertaken, as specified, with notice given to the local enforcement agency. Nonemergency repairs made under these provisions would be required to be completed within 180 days, unless an extension is granted by the local authorities. The bill would, with regard to a condominium conversion, require an inspection be completed prior to the close of escrow on the first separate interest and would require the disclosure of the results of these inspections to the Bureau of Real Estate prior to the issuance of a final public report. A copy of the report would also be required to be sent to the local jurisdiction in which the property is located prior to the issuing of a final inspection or certificate of occupancy. The bill would authorize a local enforcement agency to recover its costs associated with enforcing these provisions. The bill would authorize a local governing entity to enact stricter requirements than those imposed by these provisions. The bill would provide that its provisions do
not apply to those areas constituting an individual owner’s separate interest or to a planned development, as defined.
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.
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.(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)
(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.
(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 the following types of structures, including their supports and railings: all common area, including exclusive use common
area,
balconies, decks, porches, stairways, walkways,
and entry structures 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, 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 type of 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 identified in paragraph (1) using methods allowing for evaluation of their performance by
direct visual examination or comparable means of evaluating their performance.
For purposes of this section, the following percentage of samples of each type of exterior elevated element shall be inspected:
(A)An association of 1000 units or fewer: 15 percent.
(B)An association of 1001 to 5000 units: 10 percent.
(C)An association of 5001 units or more: 5
percent.
(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 for purposes of subdivision (k).
(C)Recommendations of any further inspection necessary.
(4)A written report of the evaluation stamped or signed by the inspector presented to the board 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,
2025, 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, if requested by the association, 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 association and to the local enforcement agency within 15 days of completion
of the report. Subsequent inspection reports shall incorporate the findings of prior inspections, including the locations of all exterior elevated elements inspected. All inspection reports shall be maintained in the records of the association for not less than two inspection cycles. 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,
to be submitted to the local
jurisdiction.
(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 January 1, 2025.
(g)An exterior elevated element found by the inspector to be in need of repair or replacement, shall be corrected by the association.
No recommended repair shall be performed by a licensed contractor serving as the inspector. 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
recommendations of 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 that preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the association shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. 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)If the building requires 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, the association shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the association shall have 180 days to make the repairs unless an extension of time is granted by the local enforcement agency.
(3)All costs and fees associated with accomplishing the inspections and repairs required pursuant to this subdivision shall be considered an “emergency situation” as defined by subdivision (b) of Section 5610.
(i)(1)The association shall be responsible for complying with the requirements of this section and nothing required herein shall be the responsibility of the association’s managing agent or its employees.
(2)Notwithstanding any other provision of this part, the continued and ongoing maintenance of exterior elevated elements and associated waterproofing elements, as defined herein, in a safe and functional condition, shall be the responsibility of the association as required by the association’s governing documents.
(3)Notwithstanding any provision of the association’s governing documents to the contrary, the association shall have an access easement through the separate interests as necessary to accomplish the inspections and repairs required by this section.
(j)Local enforcement agencies shall have the ability to recover
enforcement costs associated with the requirements of this section.
(k)If, in the inspector’s opinion, any of the components or exterior elevated elements evaluated require repair or replacement in accordance with this section, or have a projected service life of less than 30 years, the reserve study required by Section 5550 shall consider that opinion in preparing the reserve funding evaluation.
(l)For condominium conversions proposed for sale after January 1, 2019, the inspection required by this section shall be conducted prior to the first close of escrow of a separate interest in the project and thereafter as required by
this section and shall include the inspector’s recommendations for repair or replacement of any exterior elevated element found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, and would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Bureau of Real Estate by the converter and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134, and provided to the local jurisdiction
in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction.
(m)The governing body of a city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.
(n)This section shall not apply to an individual owner’s “separate interest,” as defined by Section 4185, or to a “planned development” as defined by Section 4175.