Increasingly, over the previous few years, since the statewide Senate Bill requiring building owners to perform structural inspections of their exterior elevated elements was introduced, California balcony inspections have become a critical aspect of building ownership, ensuring safety and compliance with regulations. However, some concerning issues have emerged – many inspections are being conducted and reports being generated which do not fall within the requirements of the SB-721 bill itself or broader California law. This is opening up building owners to undue liability and potentially extravagant fines from regulatory agencies. There are three key items which we have identified which may cause compliance issues with the SB-721 law for building owners.
Hazardous Materials Testing and Liabilities
Testing any area on your property before causing any existing building materials to potentially leak into the air is an extremely important step to take for a California building owner. The AQMD tightly regulates the exposure of potentially hazardous materials to the environment or individuals. Failure to have documentation on file regarding the safety of the materials being disturbed can be a “five figure mistake”. It is in California building owners’ best interest to be vigilant about the completeness of their balcony inspections and avoid unexpected costs in the long run. Inadequate hazardous materials testing during inspections can open owners up to unforeseen liabilities and fines from AQMD. It is crucial to prioritize inspections that adhere to the comprehensive requirements outlined in the SB-721 bill, as well as the surrounding state requirements, to avoid undue costs down the line.
Warning Against Inadequate Balcony Reports
The SB-721 bill sets forth guidelines for balcony inspections, emphasizing the importance of thorough assessments. Building owners are strongly cautioned against relying on balcony reports that do not meet the bill’s requirements. Such reports may not only compromise the safety of occupants but also expose owners to legal consequences. Many reports which have come to our attention have shown inadequate inspection methods and do not address the potential structural issues or were performed without even the minimum requirements of visual inspection of the structural elements or the balconies, landings or walkways. It is not our intention to cast dispersions, however, there are a number of these firms which have materialized in the wake of these requirements which are oriented toward grabbing your business with little to no regard for your circumstance as a business owner in California. Using a licensed engineer will mitigate these issues and is a very valuable fix. A licensed engineer or engineering firm will provide sufficient experience and will be able to provide reliable service to satisfy the current laws.
Performing Due Diligence to Identify Reliable Inspectors
To ensure compliance and mitigate risks, building owners should undertake proper due diligence when selecting inspectors. Here are key steps to identify reputable inspectors:
- Verify Credentials: Confirm that inspectors possess the necessary licenses and certifications required by the state.
- Check Experience: Prioritize inspectors with a proven track record in conducting balcony inspections. Experience is a key indicator of reliability and given the recent nature of these regulations, it is not particularly easy to find properly experienced vendors.
- References and Reviews: Seek references from previous clients and explore online reviews. Positive feedback and satisfied clients can attest to the inspector’s competence. (This should be considered a marker in identifying a qualified vendor, but not the decision making factor.)
- Understanding SB-721 Compliance: Inspectors should demonstrate a clear understanding of the SB-721 bill and its requirements. This indicates that inspections are conducted in line with state regulations. If this is not a specific line item in your proposal for inspections per SB-721, this should be a red flag.
- Transparent Communication: Choose inspectors who communicate transparently about their inspection process, including the steps taken for hazardous materials testing, tenant relations and coordination of the inspections.
Building owners must be aware of the potential risks associated with inadequate inspections, including additional liabilities and fines. By adhering to the guidelines of the SB-721 bill and carefully selecting inspectors through due diligence, owners can ensure compliance, safeguard occupants, and protect themselves from legal repercussions.
This article should serve as a guide to approaching your balcony inspections, but there are several items which are well worth further discussion outside of an article format. We will be providing an in-person seminar to discuss these items in more detail and provide more case-by-case information for building owners on March 20th at the AOA Million Dollar Trade Show and Educational Conference at the Los Angeles Convention Center. We will also be available to members following the presentation for more specific questions.
The Optimum Seismic team has been making California cities safer since 1984 by providing full-service earthquake engineering, steel fabrication and construction services for multifamily residential, commercial and industrial buildings. With more than 4,000 earthquake retrofit and renovation projects completed, Optimum Seismic’s work includes soft-story multifamily apartments, tilt-up, non-ductile concrete, steel moment frame and unreinforced masonry (URM) buildings. To arrange a complimentary assessment of your building’s earthquake resilience, contact Optimum Seismic at (833) 978-7664 or visit optimumseismic.com.