If you own a property in California, you might have heard of Balcony Laws SB721 and SB326. But what exactly are these laws and what do they mean for you as a property owner? At McMillin Contracting Services, we understand that property jargon and regulations can feel a bit overwhelming. Don’t worry, we’ll break down in simple terms what these balcony laws mean. We’ll also help you figure out what action you need to take as a property owner.
Why Were Balcony Inspections Laws Introduced?
On June 16, 2015, a devastating event unfolded in Berkeley, California. A balcony collapsed during a 21st birthday celebration, tragically killing six people and injuring seven others. Among the victims were five Irish students on J-1 visas and one Irish-American. What was meant to be a festive gathering turned into an unimaginable tragedy.
Further investigation revealed that the property’s owners and managers had overlooked several warning signs reported by tenants, such as mold and a visibly sagging structure. This tragedy brought to light the critical need for stricter safety measures for balconies and other elevated structures.
To prevent such incidents, updates to California’s balcony inspection laws were made, resulting in two new laws – SB721 and SB326. Let’s see what these laws mean.
SB 721 – The Inspection Bill
1. Who is it for?
If you own or manage a property in California with three or more residential units that include features like balconies or decks, this law applies to you. It’s especially important for owners of larger apartment complexes and buildings with multiple units.
2. What does it require?
This law requires property owners to keep balconies and similar structures safe and sturdy. You’ll need to hire a licensed structural engineer or architect to check these areas every six years. For new buildings, the first inspection should happen within six months of getting the occupancy permit.
3. What happens after the inspection?
Following the inspection, property owners are provided with a timeframe, ranging from 15 to 120 days to make any necessary repairs based on the inspection findings. Also, tenants must be notified in writing about the results of the inspection within 15 days of its completion.
4. Next Steps
It’s required for property owners to keep detailed records of all inspections and repairs along with any other relevant documents for at least nine years. This helps ensure compliance with the law and provides a clear history of maintenance and safety efforts.
5. Deadlines
The first round of inspections must be completed by January 1, 2025. After this, inspections are required every six years to ensure continued compliance and safety.
SB 326 – The Balcony Bill
1. Who is it for?
It is aimed at condominiums and other common interest developments; basically, places where each unit is individually owned.
2. What does it require?
SB 326 requires mandatory inspections of balconies and other external structures to ensure they are safe and secure.
3. What happens after the inspection?
Step 1: Property owners must obtain a certified balcony inspection report every nine years that details the condition of the balconies.
Step 2: The inspection report must be submitted to the local building department.
Step 3: A copy of the report must be made available to residents upon request and posted in a visible location for all residents and potential buyers.
4. Next Steps
If you’re a property owner, it’s important to get started by scheduling your initial balcony inspections soon if you haven’t already. Remember, after this first inspection, you’ll need to keep up with checks every nine years. Also, make sure to document any issues you find and the repairs you make. Report these details as required to stay compliant and keep everything running smoothly.
5. Deadlines
The first inspection must be completed by January 1, 2025. Subsequent inspections are due every nine years thereafter.
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What Happens If You Fail to Comply?
Ignoring California’s balcony inspection laws can lead to serious trouble for property owners.
Penalties and Fines: If you don’t keep up with balcony inspections and maintenance, you could face hefty fines.
Legal Trouble: Not following the laws SB721 or SB326, could lead to lawsuits, especially if a balcony failure results in injury or worse.
Restricted Use: If your balcony isn’t considered safe, you may be forced to block access to it until it’s fixed. This restriction can decrease your property’s appeal and value.
Insurance Issues: Most insurance companies require that you follow all safety laws, including regular balcony inspections. If you don’t, you might lose your insurance coverage, which means you could be paying out of pocket for any future damages or legal claims.
How Can McMillin Contracting Services Help?
At McMillin Contracting, we don’t just understand these laws, we make sure your properties comply without disrupting your day-to-day or breaking the bank. From conducting thorough inspections to handling repairs or renovations, we’re here to ensure everything is up to code.
Conclusion
Balcony safety isn’t just about ticking boxes on a compliance checklist. It’s about making sure that everyone can enjoy their home without worry. Whether you’re worried about SB721 or SB326 or both, McMillin Contracting Services is here to help you navigate these laws smoothly.
Need to talk it over? Give us a call on 619-401-7000 today!
