In recent years, California has been at the forefront of enacting legislation aimed at enhancing building safety and addressing issues related to housing. Two notable pieces of legislation that are SB-721 and SB-326. These bills share a common goal of promoting safety and accountability in residential buildings, however the primary differences are who they impact and the frequency of inspection. As we’re approaching the January 2025 deadline for the first round of inspections under both bills, we thought we’d revisit what these bills entail, as well as where cementitious waterproofing solutions fit in addressing structural repairs to alleviate future liability and safety concerns.
SB-721
Ensuring Safety in Balconies and Elevated Structures Senate Bill 721, also known as the Balcony Safety Act, was introduced in response to a tragic incident in Berkeley, California, where a balcony collapsed, resulting in multiple fatalities and injuries. The legislation aims to prevent similar incidents by imposing stricter inspection and maintenance requirements for balconies and other elevated structures in residential buildings.
Key Provisions of SB-721 (Landlords of Buildings with Three or More Multi-family Dwelling Units):
- Mandatory Inspections: Under SB-721, property owners are required to conduct periodic inspections of balconies and other elevated structures in buildings with three or more multifamily dwelling units. These inspections must be performed by qualified inspectors every six years. The first inspection is required by January 1, 2025.
- Reporting Requirements: If any deficiencies or unsafe conditions are identified during the inspection, property owners must promptly report them to the local building department. Serious issues that pose an immediate threat to life safety must be addressed within specified timeframes.
- Disclosure to Tenants: Property owners are also obligated to disclose the results of the inspection to current and prospective tenants. This transparency enables tenants to make informed decisions about their safety and well-being.
SB-326
Addressing Risks Associated with Building Defects, Senate Bill 326 targets another aspect of building safety by addressing the risks posed by construction defects in residential buildings, particularly regarding condominiums and other common interest developments. The legislation seeks to protect homeowners from financial burdens and safety hazards resulting from structural deficiencies.
Key Provisions of SB-326 (Condominium Associations):
- Inspection of Exterior Elevated Elements: Similar to SB-721, SB-326 mandates inspections of exterior elevated elements, such as balconies, decks, and walkways, in condominium buildings. These inspections must be conducted at least once every nine years by a licensed structural engineer or architect. The first inspection is required by January 1, 2025.
- Reserve Study Requirements: SB-326 requires homeowners associations (HOAs) to obtain a reserve study every three years, which assesses the need for repairs and replacements of common areas and facilities. This helps ensure that adequate funds are allocated for addressing building defects and maintaining structural integrity.
- Disclosure to Homeowners: HOAs are obligated to disclose the findings of the inspections and reserve studies to homeowners, along with any plans for repairs or remediation. This transparency empowers homeowners to advocate for necessary repairs and hold the HOA accountable for maintaining the safety of the property.
Cementitious Waterproofing for Lasting Repair and Liability Mitigation
When addressing repairs and areas of concern, cementitious waterproofing is an easy solution with long-term results, alleviating risks and liability for property managers and building owners. Cementitious waterproofing offers a versatile, turnkey, and ultra-durable solution to addressing repairs in elevated exterior elements (defined by California legislature as: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building, including their supports and railings.) In most cases, repairs can be made without ripping out and replacing the entire deck and the cementitious system can go directly over plywood.
Unlike other technologies, Cementitious Waterproofing is:- Cost effective
- Low VOC/low odor
- Fire rated
- Fast drying & easy to install
- Low maintenance
- UV resistant
- Extremely durable
- Unlimited finish options
Pli-Dek has been an industry leader in deck coatings for over 50 years with unparalleled waterproofing solutions and service. Pli-Dek has extensive testing and approvals and is the only waterproof deck coating system with a BML Listing for Decking for Wildland Urban Interface {W.U.I}, passing a 30-minute ASTM E84 fire test, now a requirement for decking materials in California. Not only do our systems meet stringent fire ratings, but we offer inclement weather systems that meets specific, mandatory requirements for any areas that are vulnerable to snow, salt, humidity and rainfall. Click here to read our technical bulletin for specific weather criteria and mandatory system requirements.
Pli-Dek offers custom solutions and partnerships, with extensive experience in rehabilitation and new construction projects. Contact us to assist in your next cementitious waterproofing project.