Upcoming Deadlines for Balcony Inspections: The Clock is Ticking!


Michael T. Kennedy, Jr., Esq. Berding | Weil, LLP


“Some community managers and boards may have received bids to visually inspect the balconies and walkways without removing stucco or siding; these may be tempting due to much lower pricing, but that doesn’t comply with the new requirement. The inspector must inspect the structural elements themselves; the “bones” not just the “skin.”


Background


Commonly known as the “Balcony Bill,” SB326 (now Civil Code § 5551), was passed in response to several notable structural failures due to unseen deterioration from water intrusion, most notably a tragedy where an apartment balcony collapsed in Berkeley and 6 college students were killed. That building was only 7 years old, and an investigation revealed that defective construction had allowed water to become trapped between the cantilevered joists supporting the deck and the plywood underlying the walking surface, rotting the joists.


For many years, there has been a visual inspection requirement, conducted as part of the reserve study update. That inspection must be conducted every 3 years and while it must be “reasonably competent and diligent,” it is visual only and usually conducted by the reserve specialist. Structural damage to structural members, however, is almost always invisible behind stucco, siding, or other exterior surfaces.


In response to the Berkeley tragedy and similar incidents, a more stringent inspection requirement was enacted into law in 2020, which requires many associations to conduct a more comprehensive inspection by an engineer by 2025, and then a new inspection every 9 years thereafter.


The Inspection


Every 9 years (or after the first 6 years for a new project) in every residential condominium building with 3 or more units, there must be an inspection of “Exterior Elevated Elements” by a licensed architect or structural engineer. An “Exterior Elevated Element” is anything with a walking surface at least 6 feet off the ground that extends from the exterior wall of the building that is supported by wood or wood-based products, together with their railings and associated waterproofing system. The inspection must include the load bearing structural components themselves, such as joists, beams, and other structural supports. The statute specifically includes flashing, membranes, coatings, and sealants that protect structural


components from damage caused by water exposure. For CIDs, the inspection must be conducted by a licensed architect or structural engineer, and it is the inspector who determines how many locations to inspect. Architects and engineers experienced in the type of forensic investigations conducted during construction defect claims will have the most relevant experience for this type of investigation and report.


The inspector generates a randomized list of each type of Exterior Elevated Element. The sample size must be a “statistically significant sample” which gives the inspector a 95% confidence level that what they inspected is representative of 100% of the whole. The sample size is likely to vary from project to project; the more decks, the smaller the sample size to achieve the 95% confidence level. There will also be variation based on the configuration of the project; southern-facing elevations are more weather exposed than northern-facing elevations, and top floor balconies are more exposed than those on lower floors, which are often partially shielded by the balcony above. Additionally, the inspector may increase the number of inspection locations if they find that water has passed into the system, creating the potential for damage.


The inspection is visual only but must allow inspection of the interior structural components themselves, not just exterior surfaces. The statute allows for the least intrusive method, but the inspection will involve removal of or cutting into exterior surfaces to expose structural components. Deck membranes may be covered by concrete, and joists may be hidden behind stucco or siding. Some community managers and Boards may have received bids to visually inspect the balconies and walkways without removing stucco or siding; these may be tempting due to much lower pricing, but that doesn’t comply with the new requirement. The inspector must inspect the structural elements themselves; the “bones” not just the “skin.”


continued on next page www.caioc.org 21


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36