Balcony and deck failures have led to thousands of injuries each year. The intended goal of SB-326 is to keep people safe by identifying any Exterior Elevated Elements (EEE) in decay or disrepair. By making the necessary repairs, the HOA will prevent failures before any injuries may occur.
The new SB-326 law mandates that a licensed architect or structural engineer (such as EmpireWorks partners) conduct visual inspections.
Here is what we can help with:
Stay ahead of regulatory deadlines with our expert guidance, ensuring your property meets all SB-326 requirements on time.
Our team provides comprehensive advice on navigating the complexities of SB-326, from legal requirements to effective compliance strategies.
Our inspections are exhaustive and meticulous, covering all critical aspects of your property’s exterior elevated elements to identify potential issues early.
Beyond inspections, EmpireWorks offers end-to-end repair services. Should any issues be uncovered, our SB-326 partners can efficiently handle all necessary repairs, ensuring your property remains safe and compliant.
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SB-326 is a California state law that mandates regular inspections of exterior elevated elements (EEEs) such as balconies, decks, walkways, and stairways in multi-family residential buildings, specifically those with three or more units. The law requires these inspections to be carried out by licensed structural engineers or architects to ensure the safety and structural integrity of these elements, addressing potential risks of decay or damage. This legislation aims to prevent accidents and ensure the well-being of residents by identifying and addressing any structural issues in these elevated exterior areas.
Under California's SB-326, the inspection process for Exterior Elevated Elements (EEEs) like balconies and decks in multi-family residences involves an initial visual assessment. This step is crucial for identifying visible damage or wear, ensuring the integrity of materials and connections. If needed, further invasive testing such as endoscopic or moisture analysis may be conducted to detect internal issues. The resulting detailed report provides a comprehensive overview of the EEEs' condition, their expected lifespan, and necessary repairs or maintenance, guiding homeowner associations (HOAs) in maintaining safety standards and compliance with the law.
The process begins with the homeowner association (HOA) hiring a company like Empireworks that is partnered with licensed structural engineer or architects to work with our inspection professional who has the expertise to evaluate the safety and structural integrity of EEEs such as balconies, decks, walkways, and stairways.
The inspector starts with a thorough visual examination of the EEEs. This involves checking for visible signs of damage, wear, or deterioration, such as cracks, rot, or rust. The inspector also assesses the overall condition of materials, connections, and waterproofing systems.
SB-326 requires that a statistically significant sample of the EEEs be inspected. This means enough units must be checked to provide a 95% confidence level that the sample represents the whole, with a margin of error of no more than ±5%. The exact number depends on the total number of EEEs in the building.
If the initial visual inspection reveals signs of potential internal damage, such as water intrusion, the inspector may recommend more invasive testing methods. This can include endoscopic testing (using a small camera to view inside spaces), moisture testing, or even partial dismantling of elements for a closer examination.
After completing the inspection, the inspector prepares a detailed report. This report includes the identification of inspected elements, their physical condition, expected lifespan, and any recommendations for repair or maintenance. The report must be stamped or signed by the architect or engineer.
The completed report is submitted to the HOA board. This report informs the board about the condition of the EEEs and any necessary actions to address identified issues.
The HOA is responsible for disclosing the findings to all residents and taking appropriate action. This includes planning and executing any recommended repairs or maintenance to address safety concerns and maintain structural integrity.
The HOA must ensure that the repairs are completed as recommended and remain compliant with SB-326. Ongoing compliance includes scheduling subsequent inspections every nine years.
The HOA should keep detailed records of all inspections, reports, and repairs. These documents are crucial for legal compliance and future reference.
We understand that SB-326 compliance is not just about meeting legal requirements but also about ensuring the long-term safety and value of your property. Our approach is designed to provide lasting benefits to homeowner associations (HOAs) and their residents.
By rigorously adhering to SB-326 standards, we help ensure that your property’s elevated elements are safe and secure. This commitment to safety provides peace of mind to residents and board members alike.
Well-maintained and compliant buildings are more attractive to current and potential residents. Our comprehensive repair and maintenance services help in preserving and potentially increasing your property’s value.
Timely compliance with SB-326 helps in avoiding potential legal penalties and costly emergency repairs. Our proactive approach ensures that your property remains ahead of regulatory requirements.
Every property is unique, and so are its maintenance needs. We offer customized maintenance plans tailored to the specific requirements of your property, ensuring optimal care and longevity of EEEs.
Our experienced project managers handle all aspects of inspection, repair, and maintenance. This streamlined approach reduces the administrative burden on HOAs and ensures efficient project execution.
By focusing on regular inspections and maintenance, we help foster a culture of safety and responsibility within your community. This approach not only complies with SB-326 but also demonstrates a commitment to resident welfare.
Exterior Elevated Elements refers to load bearing components and associated waterproofing systems, which includes balconies, decks, porches, stairways, walkways, and associated railings.
The Exterior Elevated Elements (EEEs) subject to the new requirements include those with a walking surface elevated more than six feet above ground level, designed for human occupancy or use, and supported by wood or wood-based products.
Associations must hire a licensed structural engineer or architect (such as EmpireWorks Partners) to conduct a diligent inspection of exterior elevated elements (EEE)s. The inspection must consist of a random sufficient sample of balconies. The inspector must submit a report providing specified information about the physical condition and useful life of the elements inspected and any recommendations for repair or replacement.
SB 326 mandates that a statistically significant sample of exterior elevated elements must be inspected, sufficient enough to ensure 95% confidence that the results from the sample are representative of the entire structure, with a margin of error no larger than plus or minus 5%.
SB-326 mandates that a statistically significant sample of exterior elevated elements must be inspected, sufficient enough to ensure 95% confidence that the results from the sample are representative of the entire structure, with a margin of error no larger than plus or minus 5%.
For existing HOAs the first inspections must be completed by January 1st, 2025, and completed again, once every nine years, thereafter.
New HOAs for which a building permit application was submitted after January 1, 2020, must have the inspections completed within 6 years of the issuance of the certificate of occupancy and once every nine years thereafter.
The bill requires the architecture or engineer to provide a copy of the inspection report to the association immediately upon completion of the report. The written report shall contain the following information;
1) identification of the building components,
2) physical condition of building components,
3) expected useful life of building components,
4) repair recommendations, and
5) stamp/signature of the architecture or engineer.
The final report will advise the owner on repairs or maintenance that need to be made to ensure the safety of the deck or walkway. This will be passed on to the homeowners association, to allow them to assess the damages and budget for any necessary repairs.
There are two types of repairs that may need to be made:
The bill would require the architect or engineer, to provide a copy of the inspection report to the local code enforcement agency within 15 days of completion of the report. The association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
Inspections can take 3-10 days to complete pending the size and access at the community.
Pricing is also pending the size and accessibility of the community. Proposals are customized to your community, request one today.
The Homeowners Association (HOA) is liable for unperformed inspections, the deadline is 2025 for completion.
If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. It is up to the discretion of the inspector. The inspector shall exercise their best professional judgment in determining the necessity, scope, and extent of any further inspection.
Contact a specialist from EmpireWorks today for a free consultation and more information about how SB-326 affect you and your HOA.
EmpireWorks is a reconstruction contractor who has been repairing structural and waterproofing damage for HOA clients for 20 years. Because of our experience, we have partnered with qualified Architects and Engineers to conduct the oversight our skilled inspectors. Upon completion of the report, we will work with the HOA step by step to develop an action plan to approach the repair recommendations made in the report.
“I am a resident and a board president in a community that EmpireWorks is currently doing a very large stucco and painting project. I have found the quality of work to be excellent and my contact at the company was a wonderful person to work with. She was very professional and responsive to any request I sent her way. Keep up the great work Empire! ”
George P
Board President,
Dessert Hills HOA
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Carol K
Board President,
Royal Orleans North HOA
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