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Civil Engineers to Conduct Balcony Inspections

Posted by Bradley Schuber | Aug 13, 2024

It's been nearly five years since Senate Bill 326, also known as the “Balcony Bill,” was approved by Governor Newsom. The Balcony Bill, which is codified in Civil Code Section 5551, requires homeowner associations in California to “…cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.”  According to Section 5551(i), the first visual inspection must be completed by January 1, 2025, with additional inspections occurring once every nine years after that.

 

As many people may remember, the Balcony Bill arose from an unfortunate incident in 2015 when a cantilevered balcony collapsed in Berkeley, California, killing six people and injuring several more. The balcony was on the 5th floor of an apartment building called Library Gardens. After the incident, the City of Berkeley investigated and concluded that the wooden beams holding the balcony had rotted because they were not adequately waterproofed during construction. Additional investigation also supported that the dry rot from improper construction caused the collapse, not the weight of the 13 students on the balcony.

 

The Balcony Bill was drafted with health, life, and safety issues in mind as it requires visual inspection of load-bearing components and their associated waterproofing systems, which may have prevented the balcony collapse in Berkeley. However, one issue homeowner associations have encountered with Civil Code Section 5551 is that visual inspections can be conducted by structural engineers and architects only, and not civil engineers. Unfortunately, there are a limited number of structural engineers and architects in California who can perform the inspections. Until recently, this issue had been growing increasingly problematic for associations that have yet to conduct a visual inspection as we approach the statutory deadline of January 1, 2025.

 

In response to this issue, Assemblymember Jacqui Irwin introduced Assembly Bill 2114 (“AB 2114”) to amend Civil Code Section 5551. As drafted, AB 2114 permits licensed civil engineers to conduct visual inspections, significantly increasing the number of authorized individuals under the statute. This is a reasonable amendment as Senate Bill 721, a sister bill to Senate Bill 326, which went into effect in 2019 and is codified in Civil Code Section 1954, already allows civil engineers to conduct visual inspections of balconies on apartment buildings.

 

Fortunately, Governor Newsom approved AB 2114 on July 15, 2024. AB 2114 was drafted as an urgency statute, meaning the new law took effect immediately. So, civil engineers are now authorized under Civil Code Section 5551 to conduct visual inspections for associations in California. However, it is important to note that AB 2114 does not extend the deadline for conducting the first visual inspection. In other words, the deadline to complete the first visual inspection under Civil Code Section 5551 is still January 1, 2025.

 

Associations that have not done so already should promptly conduct a visual inspection as required by Civil Code Section 5551. Failure to meet this deadline can be problematic for insurance and lending purposes and could subject an association and its board members to potential liability. Association board members with questions about the Balcony Bill or Assembly Bill 2144 are always welcome to contact the Kriger Law Firm.

About the Author

Bradley Schuber

Owner / Shareholder Practice Areas: Community Association Counsel, Civil Litigation Brad Schuber owns and is the sole shareholder of Kriger Law Firm, APC. He oversees the firm's operations and has an extensive background in representing residential and commercial associations in southern Califo...

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