What is SB-326?
The SB-326 Bill was passed on August 30, 2019, to prevent future balcony collapses, like the one in Berkeley, California, that resulted in the deaths of six students and injuries to seven others in 2015. The law is an amendment to Civil Code Section 5551 and is aimed at ensuring the structural stability of decks, balconies, and walkways in condominium complexes and HOAs with at least three attached units.
Who and what’s required?
The Balcony Inspection Law requires all multi-family residential buildings in California that contain three (3) or more dwelling units to arrange for inspections of all exterior elevated elements (EEEs) that are 6 or more feet off the ground and supported wholly or substantially by wood or wood-based products.
Who Can Perform an SB-326 Inspection?
Inspections must be carried out by qualified professionals, such as licensed architects, structural engineers, and should include an assessment of the water-proofing systems.
When do the inspections need to be completed by?
Inspections are required to be conducted initially by January 1, 2025, and at least once every nine years thereafter. The inspectors must visually inspect a statistically significant sample of the building’s EEEs, and the exact number of EEEs inspected will depend on the size of the building.
What happens if I don’t comply by Jan 1, 2025?
Failure to comply with SB-326 may result in penalties imposed by the code enforcement department of your local building authority. The department can charge fees, recover enforcement expenses, and enforce liens against non-compliant properties. Furthermore, not completing the required SB-326 inspections and repairs could make you liable for any resulting damage. Non-compliance may cause condo owners to lose their liability protection provided by insurance companies for personal injury claims. This implies that if someone is harmed on the property due to an issue that should have been addressed during an SB-326 inspection, the insurance company may not cover the claim.
If you have any comments or questions please contact David Marquez, Sales Account Manager at JMC² Civil + Structural Engineering at dmarquez@jmc-2.com, (310) 241-6550 x253, www.jmc-2.com.