In recent years, the safety of balconies and decks has become a major concern for property owners, managers, and tenants. California’s Senate Bill 721 (SB 721), enacted in 2019, has put measures in place to improve safety standards for balconies and decks in multi-unit residential buildings Sb 721. This bill aims to prevent tragic accidents and ensure that these structures remain safe for use.
If you’re a property owner or a manager in California, it’s essential to understand the key points of SB 721 and how it can impact your responsibilities. Here’s everything you need to know about this crucial law.
What Is SB 721?
Senate Bill 721, signed into law by Governor Gavin Newsom in 2019, mandates that certain multi-unit residential buildings undergo inspections for balcony safety. The law was primarily introduced in response to a tragic incident in Berkeley, California, where a balcony collapsed during a party, resulting in the deaths of six young people. SB 721 was designed to prevent similar accidents by ensuring that balconies, decks, and stairways are properly maintained and structurally sound.
Key Provisions of SB 721
1. Inspection Requirements
SB 721 requires property owners to have balconies, decks, stairways, and other elevated exterior structures inspected every six years by a licensed inspector. These inspections must assess the structural integrity of the building’s exterior features, focusing specifically on any potential risks like rotting wood, corrosion, or weakened supports.
The inspection must be conducted by a qualified professional, such as a structural engineer, licensed contractor, or architect. The inspector will look for visible defects, signs of deterioration, or other issues that could compromise the safety of residents.
2. Reporting and Documentation
Once the inspection is complete, the property owner must retain the report for their records. If any repairs or safety measures are recommended, the property owner is required to take action. Additionally, the report must be made available to local authorities if requested.
In cases where significant safety risks are found, repairs or replacements should be undertaken as soon as possible to prevent any potential accidents.
3. Covered Structures
SB 721 applies to multi-unit residential buildings, specifically those with three or more dwelling units. The law focuses on balconies, decks, and exterior stairways that are more than six feet above the ground and are accessible from the units. If your building has such structures, you’ll be required to have them inspected.
4. Timeline for Implementation
As part of the law’s implementation, the inspection process must be completed in phases. Initially, inspections for older structures (built before January 1, 2017) were due by January 1, 2025. Buildings constructed after that date have different compliance requirements, but property owners must still ensure that they comply with the inspection process.
5. Penalties for Non-Compliance
Failure to comply with SB 721 can result in fines and legal liabilities. Property owners who fail to conduct the required inspections and make necessary repairs may face significant penalties. In addition, property owners could be held accountable in the event of an accident caused by neglected maintenance or an unsafe balcony.
Why Is SB 721 Important?
The tragic balcony collapse in Berkeley raised awareness of the potential dangers of improperly maintained balconies and decks. By requiring routine inspections, SB 721 is designed to help prevent future accidents and fatalities.
Here are some key reasons why SB 721 is essential:
- Public Safety: The primary goal of the law is to protect residents, guests, and visitors from falling victim to dangerous balcony conditions. This is especially important in cities with a high density of multi-family housing, where balconies and decks are often used for recreation or socializing.
- Preventing Lawsuits and Liabilities: Property owners who fail to comply with SB 721 may face legal actions in the event of an accident. Regular inspections and repairs can mitigate the risk of lawsuits and protect property owners from liability.
- Preserving Property Value: Well-maintained balconies and decks enhance the overall appeal and value of a property. Regular inspections and timely repairs ensure that these structures remain in top condition, ultimately preserving the value of the property.
How Property Owners Can Comply with SB 721
For property owners and managers, the process of complying with SB 721 can be broken down into several steps:
- Hire a Licensed Inspector: Identify a qualified professional who can conduct the inspection. Be sure they have experience working with multi-unit residential buildings and exterior structures.
- Schedule Inspections on Time: Stay on top of the inspection schedule. Make sure that inspections are done every six years to remain compliant with the law.
- Address Any Issues: If the inspection reveals any structural issues or deterioration, take swift action to repair or replace damaged areas. Ensure the work is done by qualified professionals to meet safety standards.
- Document Everything: Keep records of all inspections, reports, and repairs. This documentation will be crucial in the event of an inspection by local authorities.
- Stay Informed: Laws and regulations can change over time. Property owners should stay informed about updates to SB 721 and other related safety requirements.
Conclusion
SB 721 is a critical piece of legislation designed to improve the safety of balconies and other elevated structures in California’s multi-unit residential buildings. By ensuring regular inspections and maintenance, property owners can help prevent accidents and protect both their tenants and their property. Compliance with SB 721 not only keeps residents safe but also helps property owners avoid penalties and potential legal issues.