In addition, SB 326 creates new requirements
for condominium associations to inspect exterior
elevated load-bearing elements by January 1, 2025.
The bill arose out of several high-profile balcony
collapses, and ostensibly serves to protect public
safety. The so-called “balcony bill” specifies that
only load-bearing components six or more feet
above ground must be visually inspected. Per the
definitions in the new Civil Code Section 5551 created
by the bill, those load-bearing components generally
consist of balconies, walkways, decks, stairways,
and their railings that are designed for human
occupancy, and that are supported by wood or wood-
based products.
The visual inspection must be completed at
least once every nine years by a licensed structural
engineer or architect. The inspector must inspect
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SAN DIEGO COMMUNITY INSIDER
SPRING 2020
a random and “statistically significant sample”
of exterior elevated elements for the association
to comply with the law. The findings from that
inspection must be reduced to a written report that
(i) identifies the building components comprising
the load-bearing components and associated
waterproofing system; (ii) states the current
physical condition of the load-bearing components
and associated waterproofing system, including
whether the condition presents an immediate threat
to the health and safety of the resident; (iii) states
the expected future performance and remaining
useful life of the load-bearing components and
associated waterproofing system; and (iv) provides
recommendations for any necessary repair or
replacement of the load-bearing components and
associated waterproofing system.