Deck Inspections (SB-326 & SB-721)

The state of California has recently enacted two Senate Bills (SB-326 and SB-721) requiring inspections of “Exterior Elevated Elements” or “EEEs” for condominiums and apartments. Initial inspections are to be performed by licensed architects or structural/civil engineers and completed by January 1, 2025.

SB-326 Deck Inspection Highlights:

When:

Inspections performed by January 1, 2025, and every 9 years.

Pertains to:

Multifamily dwelling units that are part of a Common Interest Development (i.e., condominiums not apartments).

Buildings containing three or more dwelling units (excludes duplexes and single‐family)

Purpose of the Inspections:

The association’s board “shall cause a reasonably competent and diligent visual inspection to be conducted” by a licensed architect or structural engineer.

The purpose of the inspection is to determine whether the “exterior elevated elements” and their “associated waterproofing systems” are in a “generally safe condition and performing in compliance with applicable standards.”

Inspection Process:

Generate a random list of each type of “exterior elevated element” (See definitions below) that the association has responsibility for. Provide the list to the board for future inspections to follow.

Inspect the specified number of “exterior elevated elements”:

To include the “load-bearing components” (wood framing and railing), and;

The “associated waterproofing system” (if present), that could;

Constitute a health or safety hazard (from fungus, pests, or structural decay).

By using “visual inspection”, meaning:

“Visual observation” through “the least intrusive method necessary to inspect the load-bearing components” (requires vents cut into stucco soffits) of;

A “statistically significant sample” of units.

A “further inspection” may be conducted if:

The inspector observes leaking “creating potential damage to load-bearing components”, the inspector “shall exercise their best professional judgement in determining the necessity, scope, and breadth of any further inspection”.

Performed by:

A licensed architect, or;

A licensed civil or structural engineer

To be completed by January 1, 2025

Then every nine years thereafter

Definitions

“Exterior elevated elements (EEE)” means:

“The load-bearing components” together with;

“Their associated waterproofing systems”.

“Load-bearing components” means:

Those that “extend beyond the exterior walls of the building (i.e., have exterior space beneath, e.g. not above living space, a garage, closet or basement), to deliver structural loads to the building”;

“Associated waterproofing systems” includes:

“Flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water”.

“Statistically significant sample” means:

“A sufficient number of units” to provide 95 percent confidence, with a margin of error of plus-or-minus 5 percent.

Written Report

Stamped or signed by the inspector, presented to the board (no time frame given). The report shall include:

Identification of the building components comprising the EEEs.

Current condition of the inspected EEEs, including “whether the condition presents an immediate threat to the health and safety of the residents”.

The “expected future performance and remaining useful life” of each EEE inspected.

Recommendations for “any necessary repair or replacement” of EEEs.

Emergency Repairs

If the inspector determines that an EEE poses an immediate threat to health and safety:

The inspector shall provide a copy of the report to the association “immediately upon completion of the report”, and;

To the local code enforcement agency within 15 days of completion of the report;

The association shall “take preventative measures” immediately, including preventing occupant access to the EEE until repairs are completed.

SB-721 Deck Inspection Highlights:

When:

Inspections performed by January 1, 2025, and every 6 years after.

Pertains to:

Multifamily dwelling units that are not part of a Common Interest Development (i.e., apartments not condominiums).

Buildings containing three or more dwelling units (excludes duplexes and single‐family)

Purpose of the Inspections:

The owner of the building shall be responsible for complying with the requirements of this section.

The purpose of the inspection is to determine that “exterior elevated elements” and their “associated waterproofing elements” are in a “generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered”.

Inspection Process:

Inspect the specified number of “exterior elevated elements” (See definitions below):

To include the “load-bearing components” (wood framing and railing), and;

The “associated waterproofing elements” (if present), that could;

Constitute a health or safety hazard (from fungus, pests, or structural decay).

By using methods of:

“Direct visual examination (requires vents cut into stucco soffits) or comparable means of evaluating the performance of the load-bearing components and associated waterproofing elements” of;

A sample of “at least 15% of each type of each exterior elevated element”.

Performed by:

A licensed architect, or;

A licensed civil or structural engineer

“A building contractor holding any or all of the ‘A’, ‘B’, or ‘C-5’ license classifications issued by the Contractor’s State License Board, with a minimum of five year’s experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings”, or;

“An individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction”.

To be completed by January 1, 2025

Then every six years thereafter

Definitions

“Exterior elevated elements (EEE) means:

“Supports and railings of: balconies, decks, porches, stairways, walkways, entry structures that:”

“Extend beyond exterior walls of the building (i.e., have exterior space beneath, e.g. not above living space, a garage, closet or basement), and;

Which have a walking surface that is elevated more than six feet above ground level, and;

Are designed for human occupancy or use, and;

Rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.”

“Load-bearing components” means:

Those that “extend beyond the exterior walls of the building to deliver structural loads to the building”;

“Associated waterproofing elements” includes:

“Flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements”.

Written Report:

Stamped or signed by the Inspector, presented to the Owner within 45 days of the completed inspection shall include:

Identification of each type of EEE.

Current condition of each EEE inspected, including which, “in the opinion of the inspector, constitute a threat to the health or safety of the occupants”.

Future expected performance and service life of each EEE inspected.

Recommended further inspections, if any.

Supporting photos and narrative.

Emergency Repairs:

If the inspector determines that an EEE poses an immediate threat to health and safety:

The inspection report is to be delivered to the Owner within 15 days of completion of the inspection.

The Owner shall hire a contractor to perform required shoring and barricading immediately.

Non-Emergency Repairs:

If the inspector determines there is no immediate threat to health and safety, yet repairs are recommended:

The inspection report is to be presented to the Owner within 45 days of the inspection.

The Owner has 120 days from receipt of the report to apply for a permit.

Then the Owner shall have 120 days to make the repairs after a permit is issued.