Ready for your SB 326 inspection by licensed architects and structural engineers?

“Exterior Elevated Elements” mean those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products and their associated waterproofing system.

The new requirements apply to Exterior Elevated Elements (EEEs) that have a walking surface elevated more than six feet above ground level, are designed for human occupancy or use, and are supported by wood or wood-based products.

This bill would require the association of a condominium project to cause a reasonably competent and diligent visual inspection of exterior elevated elements, defined as the load-bearing components and associated waterproofing systems, as specified, to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with applicable standards..

Associations must hire a licensed structural engineer or architect (such as Medro Engineering) to inspect exterior elevated elements (EEEs) thoroughly. The inspection must include a sufficiently random sample of balconies. The inspector must submit a report detailing the physical condition and useful life of the elements inspected, as well as any recommendations for repair or replacement.

SB 326 requires sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.

At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.

Existing HOAs must have their first inspections completed by January 1st, 2025, and then every nine years thereafter. New HOAs that applied for a building permit after January 1, 2020, must have the inspections completed within 6 years of the certificate of occupancy and every nine years thereafter.

The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.

Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following information:

(1) The identification of the building components comprising the load-bearing components and associated waterproofing system.

(2) 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 residents.

(3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.

(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving 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.

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.

The association shall be responsible for complying with the requirements of this section. The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.

Contact Medro Engineering specialist today for a free consultation and more information on how SB 326 will affect you and your HOA.

Medro Engineering will perform comprehensive inspection to guarantee the safety of EEE components, ensuring their compliance with the relevant local building codes in effect.