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SB-721 Contractors: decks and balconies: inspection.(2017-2018)

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Date Published: 01/11/2018 09:00 PM
SB721:v93#DOCUMENT

Amended  IN  Senate  January 11, 2018
Amended  IN  Senate  January 03, 2018
Amended  IN  Senate  May 15, 2017
Amended  IN  Senate  April 27, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 721


Introduced by Senator Hill
(Coauthor: Senator Skinner)

February 17, 2017


An act to add Section 7071.20 to the Business and Professions Code, and to add Section 4776 to the Civil Code, relating to contractors.


LEGISLATIVE COUNSEL'S DIGEST


SB 721, as amended, Hill. Contractors: decks and balconies: inspection.
(1) Existing law provides authority for an enforcement agency to enter and inspect any buildings or premises whenever necessary to secure compliance with or prevent a violation of the building standards published in the California Building Standards Code and other rules and regulations that the enforcement agency has the power to enforce.
This bill would require an inspection of exterior elevated elements and associated waterproofing elements, as defined, including decks and balconies, for buildings with 3 or more multifamily dwelling units by a licensed architect, licensed civil or structural engineer, or an individual certified as a building inspector or building official, as specified. The bill would require the inspections, including any necessary testing, to be completed by January 1, 2024, with certain exceptions, and would require subsequent inspections every 6 years, except as specified. The bill would require the inspection report to contain specified items and would require that a copy of the inspection report be presented to the owner of the building within 45 days of the completion of the inspection. The bill would require that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the building within 15 days and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency. The nonemergency repairs made under these provisions would be required to be completed within 120 days, unless an extension is granted by the local authorities. The bill would authorize local enforcement agencies to recover enforcement costs associated with these requirements. The bill would require the local enforcement agency to send a 30-day corrective notice to the owner of the building if repairs are not completed on time and would provide for specified civil penalties and liens against the property for the owner of the building who fails to comply with these provisions. The bill would authorize a local governing entity to enact stricter requirements than those imposed by these provisions.
(2) The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, and stock cooperatives. The act requires the homeowners association to maintain the common areas of the development.
This bill would require the board of directors of a common interest development, at least once every 6 years, to have an inspection conducted by a licensed architect, licensed civil or structural engineer, or an individual certified as a building inspector or building official, as specified, of the exterior elevated elements, as defined, that the association is obligated to repair, replace, restore, or maintain. The bill would require the inspections, including any necessary testing, to be completed by January 1, 2024, with certain exceptions, and would require subsequent inspections every 6 years. The bill would require the inspection reports to contain specified items. The bill would require that the results of the report be used in calculating the reserve study for the development, as specified. The bill would require the inspection report to be presented to the association within 45 days of the completion of the inspection and would require copies of the reports to be permanently maintained in the association’s records. The bill would require that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the association within 15 days and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency. Nonemergency repairs made under these provisions would be required to be completed within 180 days, unless an extension is granted by the local authorities. The bill would, with regard to a condominium conversion, require an inspection be completed prior to the close of escrow on the first separate interest and would require the disclosure of the results of these inspections to the Bureau of Real Estate prior to the issuance of a final public report. A copy of the report would also be required to be sent to the local jurisdiction in which the property is located prior to the issuing of a final inspection or certificate of occupancy. The bill would authorize a local enforcement agency to recover its costs associated with enforcing these provisions. The bill would authorize a local governing entity to enact stricter requirements than those imposed by these provisions. The bill would provide that its provisions do not apply to those areas constituting an individual owner’s separate interest or to a planned development, as defined.
(3) Because this bill would impose new duties upon local enforcement authorities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7071.20 is added to the Business and Professions Code, to read:

7071.20.
 (a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect, licensed civil or structural engineer, 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. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that building assemblies 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. The person or business performing the inspection shall be hired by the owner of the building.
(b) For purposes of this section, the following terms have the following definitions:
(1) “Associated waterproofing elements” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
(2) “Exterior elevated element” means balconies, decks, porches, stairways, walkways, entry structures, and their supports and railings, that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, 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.
(3) “Load-bearing components” are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building.
(c) The inspection required by this section shall at a minimum include:
(1) Identification of each exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2) Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3) The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A) The current condition of the exterior elevated elements.
(B) Expectations of future performance and projected service life.
(C) Recommendations of any further inspection necessary.
(D) Recommendations of any necessary repair or replacement.
(4) A written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d) The inspection shall be completed by January 1, 2024, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owner’s permanent records and disclosed and delivered to the buyer at the time of any subsequent sale of the building.
(e) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section.
(f) If the property was inspected within three years prior to January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until six years from the date of that report.
(g) An exterior elevated element found to be in need of repair or replacement by the inspector, shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1) The inspector’s recommendations or alternative recommendations by a licensed professional described in subdivision (a).
(2) Any applicable manufacturer’s specifications.
(3) The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4) All local jurisdictional requirements.
(h) (1) An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2) The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency.
(i) (1) The owner of the building shall be responsible for complying with the requirements of this section.
(2) If the owner of the building does not comply with the repair requirements within 120 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.
(3) In the event that a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorder’s office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(j) (1) A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building.
(2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.
(3) A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment.
(4) Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and providing notice to the owner of the building as part of its foreclosure action to enforce the lien.
(k) The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building.
(l) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(m) This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code, that complies with, or is exempt from, the provisions of Section 4776 of the Civil Code.
(n) The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.

SEC. 2.

 Section 4776 is added to the Civil Code, to read:

4776.
 (a) At least once every six years, the board of directors of a common interest development shall cause to be conducted a reasonably competent and diligent inspection by a licensed architect, licensed civil or structural engineer, 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, of the load-bearing components and associated waterproofing elements of exterior elevated elements. The inspector shall not be employed by the local jurisdiction while performing these inspections. 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.
(b) For purposes of this section, the following terms have the following definitions:
(1) “Associated waterproofing elements” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
(2) “Exterior elevated element” means common area and exclusive use common area balconies, decks, porches, stairways, walkways, entry structures, and their supports and railings, that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.
(3) “Load-bearing components” are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building.
(c) The inspection required by this section shall at a minimum include:
(1) Identification of each exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2) Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3) The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A) The current condition of the exterior elevated elements.
(B) Expectations of future performance and projected service life for purposes of subdivision (k).
(C) Recommendations of any further inspection necessary.
(D) Recommendations of any necessary repair or replacement.
(4) A written report of the evaluation stamped or signed by the inspector presented to the board within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d) The inspection shall be completed by January 1, 2024, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary shall be provided by the inspector to the association and to the local enforcement agency within 15 days of completion of the report. All inspection reports shall be permanently maintained in the records of the association. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, to be submitted to the local jurisdiction.
(e) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section.
(f) If the property was inspected within three years prior to January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until six years from the date of that report.
(g) An exterior elevated element found to be in need of repair or replacement by the inspector, shall be corrected by the association. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1) The inspector’s recommendations or alternative recommendations by a licensed professional described in subdivision (a).
(2) Any applicable manufacturer’s specifications.
(3) The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4) All local jurisdictional requirements.
(h) (1) An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds that preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the association shall perform required preventive measures immediately. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2) If the building requires corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, the association shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the association shall have 180 days to make the repairs unless an extension of time is granted by the local enforcement agency.
(3) All costs and fees associated with accomplishing the inspections and repairs required pursuant to this subdivision shall be considered an “emergency situation” as defined by subdivision (b) of Section 5610.
(i) (1) The association shall be responsible for complying with the requirements of this section and nothing required herein shall be the responsibility of the association’s managing agent or its employees.
(2) The continued and ongoing maintenance of building assemblies exterior elevated elements and associated waterproofing elements, in a safe, functional, and sanitary condition, shall be the responsibility of the association as required by the association’s governing documents.
(3) Notwithstanding any provision of the association’s governing documents to the contrary, the association shall have an access easement through the separate interests as necessary to accomplish the inspections and repairs required by this section.
(j) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(k) If, in the inspector’s opinion, any of the components or exterior elevated elements evaluated require repair or replacement in accordance with this section, or have a projected service life of less than 30 years, the reserve study required by Section 5550 shall consider that opinion in preparing the reserve funding evaluation.
(l) For condominium conversions proposed for sale after January 1, 2019, the inspection required by this section shall be conducted prior to the first close of escrow of a separate interest in the project and thereafter as required by the section. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Bureau of Real Estate by the converter and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134, and provided to the local jurisdiction in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction.
(m) The governing body of a city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.
(n) This section shall not apply to an individual owner’s “separate interest,” as defined by Section 4185, or to a “planned development” as defined by Section 4175.

SEC. 3.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.