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What HOA's Need To Know About SB 326?
For HOA board members in California, understanding the requirements of Senate Bill 326 (SB 326) is essential. DrBalcony assists HOAs, property managers, and real estate agencies in staying compliant by conducting thorough SB 326 inspections and providing detailed reports. SB326, passed on August 30, 2019, was enacted to prevent tragedies like the 2015 Berkeley balcony collapse, which resulted in six deaths and seven injuries. The law amends Civil Code Section 5551 to ensure the structural stability of decks, balconies, and walkways in condominium complexes and HOAs with at least three attached units. DrBalcony offers a guide to help HOA board members navigate SB 326, avoiding costly fees, enforcement costs, and potential liens.
- Initial Inspection Deadline: January 1, 2025
- Subsequent Inspections: Every nine years after the initial inspection
- Required Reports: An official inspection report must be submitted to the HOA board and local authorities.
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SB 326 Inspection Procedure
SB-326 inspections primarily rely on visual inspection, examining exposed load-bearing elements, guardrails, and component integration. When wood frames are covered by siding or stucco, endoscopic testing is preferred over invasive destructive methods. This involves drilling small holes and using a borescope to inspect concealed wood. The holes are then sealed with watertight plugs. Moisture sensors detect potential dry rot for preventive maintenance. While infrared imagery can inspect exposed surfaces, it cannot assess concealed wood due to its wavelength limitations.
Process of Balcony Inspection SB326
A certified engineer will conduct a site visit to survey the loading bar and inspect Exterior Elevated Elements, including installing plastic plugs and removing or drilling exterior covers as needed. A report detailing findings, component conditions, repair or replacement recommendations, and photos will be provided within 60 days of contract approval. If any immediate risks are found in the building’s waterproofing or load-bearing elements, they will be reported to the city’s code enforcement agency within 15 days of the report submission.
Free Resources for SB326 Inspections
Download our comprehensive SB326 Inspection Checklist to ensure all essential elements are inspected. This checklist will guide your inspector through the necessary steps to evaluate the safety and integrity of your building’s exterior elevated elements.
Our SB326 Inspection Report Template helps you document findings in a clear, structured format, making it easier to comply with the legal requirements and present findings to HOA boards or authorities.
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Frequently Asked Questions
SB326, also known as the Balcony Bill, is a California law that requires regular inspections of Exterior Elevated Elements (EEEs), such as balconies, decks, stairways, and walkways, in HOA-managed condominium complexes. Signed into law in 2019, it aims to ensure the safety and structural integrity of these elevated structures, which are often exposed to environmental stressors like moisture, sunlight, and temperature changes.
The law was introduced in response to incidents like the 2015 Berkeley balcony collapse, which tragically killed six people and injured others. Investigations revealed that severe wood rot and moisture intrusion, which went unnoticed over time, caused the balcony to fail. SB 326 was created to prevent similar tragedies by mandating regular inspections to identify and address potential issues before they escalate into life-threatening hazards.
SB 326 mandates that Homeowners Associations (HOAs) must conduct thorough inspections by January 1, 2025, and at least once every nine years following. These inspections should be performed by licensed professionals such as structural engineers, architects, general contractors, or certified building inspectors.
The focus of these inspections is on all exterior elevated elements (EEEs) that are 6 feet or more off the ground, including their waterproofing systems. The inspected sample should be “statistically significant” to ensure a comprehensive review.
If the inspection reveals any immediate threats to life and safety, these findings must be reported promptly to both the city building department and the HOA board.
Following the inspection, the inspector is required to prepare a detailed report, complete with repair recommendations. This report must be signed by the inspector and presented to the HOA board. The board is then responsible for budgeting for and completing any necessary repairs based on the report’s findings.
Not adhering to the SB326 Balcony Bill can lead to serious consequences. This bill mandates that all balconies, decks, and stairs on homes or buildings of two or more stories must have sturdy railings that are at least 36 inches high from the surface of the balcony or deck.
If these safety standards aren’t met, a building owner or homeowner could face hefty fines or even criminal charges.
Moreover, if any injuries or fatalities occur on the property due to non-compliance, a landlord may be held responsible. Therefore, it’s crucial to abide by this law to ensure everyone’s safety.
The SB326 inspection process is thorough and designed to identify both visible and hidden structural deficiencies. Here’s how it typically works:
1. Initial Consultation and Planning:
- The HOA board schedules the inspection with a licensed structural engineer or architect.
- The inspector reviews property plans to identify the EEEs requiring evaluation and selects a representative sample of these structures for inspection.
2. Visual Assessment:
- The inspector conducts a visual examination of balconies, decks, and other elevated structures to identify visible signs of wear, such as cracks, water damage, or loose connections.
3. Advanced Tools and Techniques:
- Depending on the property’s condition, the inspector may use tools like:
- Moisture Meters: To detect water intrusion.
- Infrared Cameras: To identify hidden damage.
- Borescopes: For minimally invasive examination of concealed areas like support beams and joints.
4. Sampling and Testing:
- If necessary, small samples of wood, concrete, or metal may be collected for further analysis to detect rot, corrosion, or material deterioration.
5. Detailed Reporting:
- After the inspection, the inspector provides a comprehensive report, including:
- The condition of inspected elements.
- Photos of deficiencies.
- Recommendations for repairs or maintenance.
- The HOA board is responsible for retaining the report and acting on its findings.
6. Follow-Up and Repairs:
- If the report identifies deficiencies, the HOA must:
- Schedule repairs with licensed contractors.
- Conduct follow-up inspections to ensure the repairs meet safety and compliance standards.