In recent years, structural safety and maintenance have become critical issues for property owners in California. With the introduction of SB721, often referred to as the “Balcony Bill,” compliance has become not just a legal necessity but a responsibility for ensuring tenant safety sb721. This blog outlines a step-by-step compliance checklist to help property owners and managers navigate SB721 effectively, avoiding hefty fines and potential legal complications.
What Is SB721?
SB721 was enacted in California to address the structural safety of external elevated elements (EEEs) like balconies, decks, porches, and stairways in multi-family residential properties. The law mandates periodic inspections to ensure these structures are safe and structurally sound.
Failure to comply can result in:
- Fines
- Lawsuits
- Decreased property value
The law applies to properties with three or more multifamily dwelling units. Compliance deadlines are strict, so it’s essential to act promptly.
The SB721 Compliance Checklist
1. Identify Applicable Properties
Begin by determining whether your property falls under SB721 requirements. The law applies to multi-family residential properties with external elevated structures at least 6 feet above ground level.
- Examples: Apartments, condominiums, or other residential buildings with balconies or decks.
- Excludes: Single-family homes and non-residential properties.
Action Step: Create a detailed inventory of all EEEs on your property.
2. Hire a Licensed Inspector
SB721 requires that inspections be conducted by licensed professionals:
- General contractors
- Structural engineers
- Architects
- Certified building inspectors
Action Step: Verify your inspector’s credentials and ensure they are familiar with SB721 standards.
3. Schedule and Conduct Initial Inspections
Inspections must occur every 6 years, with the first inspection required by January 1, 2025. During the inspection:
- Check for structural damage, dry rot, water intrusion, or other safety hazards.
- Inspect load-bearing components and waterproofing.
Pro Tip: Coordinate inspections during off-peak times to minimize disruption for tenants.
4. Address Repair Needs Promptly
If an inspection identifies safety issues:
- Immediate Threats: Repair within 120 days.
- Non-Urgent Repairs: Complete work within a reasonable timeline but no later than 6 months.
Action Step: Obtain repair estimates from qualified contractors and budget accordingly.
5. Document Everything
Keep meticulous records of inspections, repairs, and communications related to SB721 compliance. Documentation protects you in case of disputes or audits.
- Inspection reports
- Contractor agreements
- Repair timelines
Tip: Consider digital tools for record-keeping to ensure easy access and organization.
6. Notify Tenants as Necessary
SB721 emphasizes tenant safety. If repairs or inspections will impact access or usability, notify tenants promptly.
Action Step: Provide clear communication outlining timelines and safety measures.
7. Plan for Ongoing Maintenance
Compliance is not a one-time event. Develop a maintenance schedule to ensure structures remain in good condition between inspections.
- Annual visual checks
- Immediate attention to minor issues before they escalate
8. Budget for Compliance
The costs of inspections and repairs can be significant, but proactive budgeting can help mitigate financial strain.
Tip: Some property owners pass a portion of costs to tenants, as allowed by law, but consult legal counsel to ensure compliance.
Penalties for Non-Compliance
Non-compliance with SB721 can lead to:
- Fines: Up to $500 per day for overdue repairs.
- Lawsuits: Tenants may file claims for unsafe conditions.
- Revoked Licenses: For property owners who consistently neglect compliance.
Final Thought
SB721 compliance is both a legal requirement and a moral responsibility to protect tenant safety. By following this checklist, property owners can meet deadlines, avoid fines, and maintain the structural integrity of their buildings.