What Communities are Affected and What Inspections are Required?
Te bill adds Section 5551 and 5986 to the California Civil Code and amends Section 6150 and applies to buildings with three or more mul- tifamily units which contain “exterior elevated elements.”
Te Inspections are “of the load-bearing components and associated waterproofing elements of exterior elevated elements.” Te bill defines load-bearing components as “components that extend beyond the exte- rior walls of the building to deliver structural loads from the exterior el- evated element to the building”. Exterior elevated elements are defined as “decks, balconies, stairways, walkways, and their railings that have a walking surface that is elevated more than 6 feet above ground level, and are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.”
Inspections can be completed by any of the following: (1) Licensed Architect; (2) Licensed Structural Engineer.
What is the Scope and Purpose of the Inspections?
Te purpose of the inspection is to “determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.”
Te inspector shall perform a visual inspection in a “statically signifi- cant” random sample of locations to provide 95% percent confidence the sample results are reflective of the whole project’s condition.
A visual inspection is defined as “the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of mois- ture meters, borescopes, or infrared technology.”
However, if the inspector observes conditions that indicate water in- trusion further inspection is required, and the inspector “shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.”
What Type of Reporting is Required?
A written report stamped by the inspector and incorporated into the re- serve study of the association and must be maintained for 2 inspection cy- cles in the association records and is required to contain the following info
(1) Identification of the load-bearing components and associated wa- terproofing system.
(2) Te current physical condition of the load-bearing components and associated waterproofing system, including whether the condition pres- ents an immediate threat to the health and safety of the residents.
(3) Te expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
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If, after inspection of any exterior elevated element, the inspector ad- vises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection 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.
What Type of Repairs Must be Completed?
After receipt of the report the association shall take “preventive mea- sures immediately” including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
Te new law further provides that the continued and ongoing main- tenance and repair of the load-bearing components and associated wa- terproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.
When are the Inspections Required?
Te initial inspections must be completed by 1/1/2025 and every nine years thereafter. For buildings permitted after 1/1/2020 the first inspec- tion must be completed within 6 years of the certificate of occupancy.
Important Considerations and Recommendations for Managers and Boards:
(1) Tere is a significant risk to waiting as the statute permits local governments or enforcement agencies to enact an ordinance or other rule imposing requirements greater than the statute.
(2) Te statute is vague and shifts much of the responsibility for com- pliance with the inspector. Tese professionals, required to stamp the report, will more than likely require intrusive/destructive test- ing to comply with the intent of the statute.
(3) Te reports will become part of the permanent records of the Asso- ciation, reports indicating potential issues with construction may negatively impact the value of the community.
(4) Inspect early
a. avoid potential claims that the duty to comply exists, and the board decided to wait and at the time of the later investigation the cost to mitigate is significantly higher vs. doing repairs earlier
b. avoid the last-minute rush that will occur near the deadline c. allows time to bring SB800 claims for defects discovered.
RITCHIE LIPSON, ESQ. is the Director of Client Relations for Kasdan LippSmith Weber Turner LLP. For the past 20 years Lipson has worked to assist in the fair resolution of their claims for defective construction. During that period, he has
been involved in over 70 cases, including several class action lawsuits, recovering over $123 million for clients. He is a national member of CAI, and served as a past board member and Vice President of the Southern Arizona Chapter. He is a member of the AACM, and the CACM, and regularly serves as an instructor for CAAM Certification courses. Ritchie is also an active member and educator in CASH, CASBO, ASSBO and the Municipal League of Cities, in California, Arizona, and New Mexico.
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