How the Calif. Deck and Balcony Law Affects Your Rental Property

Effective September 2018, California enacted Senate Bill 721, the Deck and Balcony Law.   This law came about after six college students died from a dry rotted balcony collapse in Berkley, California.   The following information pertains specifically to California rental property owners.  However,  deaths and injuries from unsafe decks and balconies are happening everywhere and ALL landlords should be aware of the standards and how the Calif. deck and balcony laws affects your rental property, regardless of what state it resides in.

California Landlords Whom This Law Pertains To

California rental property owners with three or more units in a multi-family complex must adhere to this ordinance.  Excluded are single-family homes and duplexes.

Condominium complexes fall under a different Health and Safety Code, SB-326.  For questions regarding condos, contact your homeowner’s association.

Many cities with rent control ordinances likely have addressed this law.  For instance, San Francisco covers this inspection law under their Housing Code 604.

Frankly, all landlords or rental property owners who own a property with a deck, balcony, or walkway over six feet should check with your locality to see if there is a law in place.  You can find this easily by googling “health and safety code for decks and balcony’s” + city or county name.

What the Deck and Balcony Law Encompasses

This law applies to exterior decks, balconies, and walkways above 6 feet in height.   As per legislation:

“The purpose of the inspection is to determine that the exterior elevated elements and their associated waterproofing elements are in generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper altercation to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.”

Property owners have until January 1, 2025 to get their complexes inspected and remediate any issues found and noted in the inspection report.

The inspection report must be delivered to the property owner within 45 days.   Reports must include:

• The condition of the exterior, elevated elements.
• Expectations of the projected service life.
• Recommendations of additional inspections, i.e., destructive testing (cantilever framing is usually covered, and concealed framing must be opened to properly inspect).
• Photos of the issues found.

There are exceptions should the inspector find an emergency issue. For instance, a loose railing may temporarily be secured until proper permits can be issued.  In this case, the inspector must provide the owner with the inspection report within 15 days to expedite the permit and repair process.

If the property does not pass the inspection and there is no immediate danger, the owner has 120 days to apply for a permit to repair the found issues.  They then have an additional 120 days to complete the repairs and have the final inspection by the city.  So after the rental property owner receives the inspection results, they have 240 days, or roughly eight months, to remedy the issues found.

Your inspection found no issues? Fantastic!  However, inspections now need to occur every six years from the date of that initial inspection.

Who Can Perform Inspections?

This section is where the law gets a little tricky.  Here is a list of those authorized to do inspections:

• Licensed Architect
• Licensed Civil or Structural Engineer
• Building Contractor with Class A, B, or C-5 license, held for a minimum of five years
• Certified Building Inspector or Building Official

This portion of the law could make things a bit difficult for you.  It states that if you use a licensed contractor, that same contractor MAY NOT perform the work to remedy any problems or issues found.  Furthermore, if you choose to use a certified building inspector, you may not use someone employed in the local institution or city at the time of the inspection.

Lastly, whoever does the inspection CANNOT refer you to a contractor due to a conflict of interest.

There are several companies out there that can perform the inspections.  If you do an online search, many options come up.

Who We Are Considering

We did receive a quote from Dan Cronk, President of Deck and Balcony Inspections, Inc. His company can do inspections throughout the whole state of California.  The estimate for the inspection came in between $500-$650.  On our bid we were given the option of just receiving the one-time inspection and then being responsible for getting subsequential inspections on our own within the next 6 years ($650). Another option was to join their service for a small monthly fee (around $8) and receive a discount on the initial inspection.  Additionally, there would be NO reinspection fees for additional inspections every six years, and we’d have access to an online portal where inspection reports are kept and adapted as work is performed ($505).

Please keep in mind that inspection fees will vary from complex to complex. For example, our 6-plex has exterior stairways, and there are no “hidden” cantilever areas within walls that may require additional work from the inspector.

Dan was nice enough to allow us to provide his resource, Apartment Maintenance Guide DBI just for you!  This 17-page guide discusses exterior maintenance that apartment owners should be doing to avoid larger, more expensive issues from arising in the future.

Additional Items to Note

• This law does not cover fire escapes.
• The most common issue found is dry rot from improper waterproofing.
• If you do not comply with inspections, there will be penalties from $100 – $500 per day. In addition, the city can put a lien on your property and may result in foreclosure.
• Noncompliance can affect your liability insurance.
• Complete inspections prior to selling your 3+ unit properties.  If not, an inspection will be performed during escrow. Furthermore, any issues found could delay closing the sale.
• Read California Senate Bill 721 for additional details and information.

Location and number of units should not have anything to do with how the Calif. deck and balcony law affects your rental property.  The bottom line is that regardless of the size or location of your rental property, all landlords and rental property owners with elevated balconies or walkways over six feet high should be getting inspections to ensure the safety of their tenants.

Check out our other blogs to guide you on your self-management journey as a landlord:

5 Ways to Show Tenants Kindness During the Holidays

Fall Seasonal Maintenace for Rental Properties

How to Raise Rents Without Sacrificing Tenants

10 Tips for DIY Landlords

Security Deposits: 5 Tips Landlords Should Know

Cash Reserves for Rental Properties, How Much is Enough?

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