If you own or manage a multi-unit residential building in California with a deck or balcony, it’s crucial to understand the implications of Senate Bill 721 (SB 721) and its deck safety requirements. This legislation, signed into law in 2018, was enacted in response to a tragic balcony collapse in Berkeley that claimed the lives of six people and injured seven others. SB 721 was introduced to prevent similar accidents by establishing stringent regulations for the inspection of exterior elevated elements (EEEs) in buildings with three or more multifamily units.
What Are Exterior Elevated Elements (EEEs) Under SB 721?
According to SB 721, exterior elevated elements (EEEs) are defined as any load-bearing components or associated waterproofing systems that extend beyond the exterior walls of a building. This includes balconies, decks, porches, walkways, and stairways. These elements are particularly vulnerable to deterioration, especially when exposed to the elements, which is why the law mandates regular inspections to assess their condition.
What Are the Inspection Requirements Under SB 721?
SB 721 requires that all EEEs in buildings with three or more multifamily units undergo inspection by a qualified professional at least once every six years. These professionals are typically licensed architects, engineers, or general contractors with relevant experience in building safety.
The inspection must include:
A visual assessment of all load-bearing components, including framing, connections, and support structures.
A review of waterproofing systems to ensure they are functioning properly and preventing moisture intrusion that could compromise the structure.
The inspection’s findings are documented in a balcony inspection report, which must be submitted to the building owner or manager. If any unsafe conditions are identified, the law requires immediate action to repair or replace the damaged elements. Property owners are also responsible for providing a copy of the inspection report to tenants occupying units served by the affected EEEs within 15 days of receiving the report.
Does SB721 Apply to All Buildings?
It’s important to note that SB 721 only applies to buildings with three or more multifamily units that were issued a building permit on or before January 1, 2019. Buildings with fewer than three multifamily units or those constructed after this date are not subject to the provisions of the law. However, adhering to similar safety practices is always recommended to ensure tenant safety and minimize liability.
What Are the Deck Requirements Under SB721?
In addition to the inspection mandate, SB 721 outlines specific requirements for the materials and design of EEEs. The law stipulates that:
Walking surfaces on EEEs must be constructed with materials that offer corrosion protection and are specifically designed for outdoor use. This means that property owners cannot use materials susceptible to moisture, rust, or decay, as these can weaken the structural integrity of balconies and decks over time.
Proper drainage systems must be in place to prevent the accumulation of water on walking surfaces. Standing water can lead to severe water damage and create slip hazards, further compromising the safety of residents and visitors.
What Are the Penalties for Non-Compliance?
Building owners and managers must comply with SB 721’s requirements to avoid potential legal and financial repercussions. Failure to meet the inspection deadlines or deck material standards can result in:
Fines and penalties for non-compliance.
Increased liability in the event of an accident or injury.
Insurance complications, as insurers may deny claims if the building is found to be out of compliance with safety regulations.
Ultimately, adhering to the guidelines set forth by SB 721 helps protect not only the safety of your residents but also your investment in the building.
How Can EEEAdvisor Assist With SB 721 and SB 326 Compliance?
At EEEAdvisor, we are dedicated to helping building owners and property managers meet the compliance deadlines outlined in SB 721 and SB 326. We offer professional inspection services for balconies, decks, and other exterior elevated elements to ensure they meet all safety and legal requirements. Our team of experienced engineers provides thorough evaluations, detailed reports, and actionable recommendations to help you maintain the integrity of your structures.
By partnering with EEEAdvisor, you can rest assured that your property complies with California's strict safety regulations, ensuring the well-being of your tenants and protecting you from potential liabilities. For more information or to schedule an inspection, please contact us at (805) 312-8513 or email us at info@EEEadvisor.com.
Comments