SB 326: What to Know About California’s Wooden Balcony and Staircase Bill
(Sourced from Deck and balcony inspections inc.)
If you serve on the board of a homeowners’ association (HOA) in California, understanding and complying with the state’s balcony laws—particularly Senate Bill 326 (SB 326)—is crucial. Passed as an amendment to the Davis-Stirling Act (Civ. Code § 5550), SB 326 helps prevent potentially disastrous accidents involving exterior elevated elements (EEEs) like balconies, decks, and walkways.
At Golovkohomes, we guide HOAs through the inspection process, ensuring compliance with SB 326 and helping you avoid costly fines or potential property liens. In this guide, we’ll walk you through the key requirements of SB 326, so your HOA can meet all necessary inspection and reporting standards.
What is SB 326 and Why Was It Passed?
On June 16, 2015, a tragic accident in Berkeley, California, led to the deaths of six students and injuries to seven others when a balcony collapsed. This event brought to light the critical importance of ensuring the structural integrity of elevated exterior elements in residential buildings.
In response, California Senate Bill 326 was signed into law on August 30, 2019. The law was designed to prevent future tragedies by requiring regular inspections of balconies, decks, and other EEEs in condominium complexes and HOAs. The goal is to ensure these elements remain structurally sound and safe for residents.
Who Does SB 326 Apply To?
SB 326 applies to all HOAs or condominium complexes with at least three attached units. If you are a part of an HOA that meets this criterion, your building must comply with the requirements of this law.
Key Requirements of SB 326
Understanding the core requirements of SB 326 is essential to staying compliant. Here are the primary stipulations:
- Initial Inspections: HOAs must complete their first SB 326 inspection by January 1, 2025.
- Subsequent Inspections: Inspections must be repeated every nine years after the initial inspection.
- Qualified Inspectors: Inspections must be conducted by licensed professionals such as structural engineers, architects, licensed general contractors, or certified building inspectors.
- Inspection Focus: The law mandates that all exterior elevated elements supported by wood or wood-based materials that are more than six feet above the ground be inspected. This includes balconies, decks, and walkways.
- Waterproofing: In addition to structural integrity, the waterproofing systems of the EEEs must also be inspected.
The Inspection Process
Under SB 326, inspections follow a detailed process designed to assess the condition of a building’s EEEs:
- Statistically Significant Sampling: Inspectors must visually inspect a “statistically significant sample” of a building’s EEEs. The sample size must be sufficient to give a 95% confidence that the results are representative of the entire building, with a margin of error no greater than 5%.
- Reporting Dangerous Conditions: If the inspector finds any imminent threats to safety, these must be reported to the local building department and the HOA board immediately.
- Comprehensive Report: After the inspection, the inspector must provide the HOA board with a signed, detailed report, which includes:
- The specific elements that were inspected.
- The current condition of the inspected elements.
- Whether any of the elements pose a risk to safety.
- The expected service life of the inspected elements.
- Any necessary repairs, including emergency and non-emergency fixes.
The HOA board is responsible for budgeting for these repairs and ensuring they are completed. Emergency repairs must be promptly reported to the building department’s code enforcement agency.
Compliance and Record-Keeping
The inspection report must be included in your HOA’s reserve study and retained for at least two inspection cycles. These balcony inspections will coincide with every third reserve study, so it’s crucial to keep accurate records and stay on top of upcoming deadlines.
Additionally, ensure that your local government or governing body documents don’t impose more stringent requirements, which could further affect your compliance.
What Happens if You Don’t Comply?
Failure to comply with SB 326 can lead to serious consequences, including:
- Fees and Liens: Your local building department’s code enforcement arm may impose fees, recover enforcement costs, and place liens on non-compliant properties.
- Insurance Risks: If your HOA fails to complete required inspections and repairs, you may lose liability protection under your insurance policy. This means your HOA could be held financially responsible for any injuries caused by unsafe balconies or walkways, without the backing of insurance coverage.
Conclusion
Complying with SB 326 is critical to maintaining the safety of your condominium’s exterior elevated elements and protecting your HOA from liability. By understanding the requirements, scheduling timely inspections, and addressing any issues found, you can ensure the structural integrity of your building and avoid costly fines or enforcement actions.
If you have questions about SB 326 or need assistance with your HOA’s balcony inspections, contact Olga At Golovko Homes. We are always here for you to keep you and your properties safe.