California’s Senate Bill 721 (SB 721) has brought a significant change to the way property owners and managers handle balcony and deck safety. Enacted in 2019, SB 721 is designed to protect tenants from accidents and injuries related to the structural integrity of balconies and decks Sb 721. If you are a property owner or manager in California, it’s crucial to understand the compliance requirements under this legislation to avoid potential liability and ensure tenant safety.
What is SB 721?
SB 721 mandates that property owners and managers of certain residential buildings in California perform regular inspections and maintenance on balconies, decks, and other elevated exterior structures. These inspections are intended to identify any structural hazards that could cause accidents, such as wood rot, loose fasteners, or rusted support systems.
The bill was prompted by several tragic incidents in which balconies and decks collapsed, resulting in severe injury and loss of life. The primary goal of SB 721 is to prevent such tragedies by ensuring that these structures are maintained and inspected regularly.
Key Compliance Requirements
Property owners and managers must comply with several important provisions under SB 721:
- Inspection Timeline
By January 1, 2025, and every six years thereafter, property owners must have their balconies, decks, and associated railings, stairs, and guardrails inspected. This includes any exterior elevated elements that are attached to a building and accessible from a dwelling unit. - Who Can Perform Inspections?
Inspections must be conducted by a licensed professional, such as a structural engineer, architect, or building inspector. The professional must have expertise in evaluating the safety of these structures. - Written Reports
After the inspection, the property owner or manager is required to obtain a written report detailing the condition of the inspected structures. If any issues are identified, the report should include recommendations for repairs or improvements. This report should be kept on file for future reference and provided to tenants upon request. - Maintenance and Repairs
If the inspection reveals structural issues that pose a safety risk, repairs must be made promptly. Property owners and managers should take immediate action to address any problems, such as repairing damaged decks or reinforcing railings, to ensure the safety of tenants and visitors. - Notification to Tenants
Tenants should be notified when inspections are being scheduled and completed. This is particularly important if any repairs or work that may disrupt tenants’ access to their living space is necessary. - Penalties for Non-Compliance
Failure to comply with SB 721’s inspection and maintenance requirements can result in significant fines, as well as potential liability if a safety incident occurs due to neglect of these regulations.
Why Compliance is Important
- Tenant Safety
The primary goal of SB 721 is to safeguard tenants. By regularly inspecting and maintaining balconies and decks, property owners ensure that these common areas remain safe, preventing accidents and injuries. - Legal Protection
Compliance with SB 721 helps property owners mitigate the risk of liability in case of an accident. If a balcony or deck collapse occurs and the owner has not fulfilled the inspection requirements, they could face lawsuits and heavy financial penalties. - Avoiding Fines
Property owners who fail to comply with the inspection and maintenance requirements could face hefty fines from local authorities. Ensuring that your property is in line with the new regulations protects your investment and avoids unnecessary costs.
Conclusion
SB 721 serves as a crucial reminder for property owners and managers in California to take proactive measures in maintaining the safety of elevated exterior structures such as balconies and decks. By adhering to the inspection timelines, hiring qualified professionals for assessments, and addressing any issues promptly, property owners can protect their tenants, reduce the risk of accidents, and ensure compliance with state law. Don’t wait until an accident happens—take action now to ensure the safety and integrity of your property.