Would require the inspection of any load-bearing components and associated waterproofing elements of the buildings by a licensed inspector. The bill would require the inspections and any repairs to be completed by January 1, 2022, along with subsequent inspections every 5 years.
Current Status: Pending
FindHOALaw Quick Summary:
This bill would add
Business and Professions Code Section 7071.20 Civil Code Section 4776 to require a homeowners association to conduct an inspection of the load-bearing components and associated waterproofing elements of the building assemblies that it is obligated to repair, replace, restore, or maintain. The inspection, of decks, balconies, and elevated walkways more than six feet above ground level in a building containing three or more multifamily units including any necessary destructive testing, shall be completed by a licensed general contractor, structural pest control licensee, licensed architect, licensed civil or structural engineer, a certified construction inspector, or building official, 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 building assemblies are in generally safe condition, adequate working order, and free from any hazardous condition caused by 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. The bill would require the inspections and any necessary repairs to be completed by January 1, 2022, and would require subsequent inspections every 5 years. 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. If the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report shall be delivered to the association within 15 days and emergency repairs, as defined by Civil Code 5610, must be undertaken with notice given to the local enforcement agency. If the building requires nonemergency repairs, the association T he property owner must apply for any permits within 60 days of receipt of the inspection report, and the repairs must be completed within 90 days of obtaining the permits. The continued and ongoing maintenance of balconies and elevated walking surfaces and parts thereof, building assemblies that include load-bearing components and associated waterproofing elements, in a safe, functional, and sanitary condition, shall be the responsibility of the owner or the owner’s designated agent association as required by the association’s governing documents.
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.
Multifamily buildings of three units or more Buildings 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.
from the California Legislature's website