Tag Archives: Santa Monica SB 326 balcony inspection

SB 326 Balcony Inspections

Halloween is Coming, Watch Out for Contractors Masquerading as “Deck Inspectors”…

Watch out for monsters that are disguised as “Deck Inspectors” but are really contractors out to steal your HOAs money.

It’s almost Halloween and soon children will be out ringing doorbells for candy by saying trick or treat… And we’ll smile and admire their costumes and fill their bags with some treats and send them on their way.

HOAs are at risk every day of the year however from “trick or treaters” that are disguised as deck inspectors but are really contractors looking to empty your bank account. We’ve seen an uptick in complaints from several HOA managers and HOAs that the deck inspector they retained is now giving them a contract to repair the decks and it seems very high in price and has clauses in it that are onerous and very one sided.

How can you weed out these characters from your bid list and protect your HOAs from being fleeced? While nothing is guaranteed, there are ways to stop these hoodlums in their tracks. To start with, ask your bidders if they have any ownership or other interest in a construction or waterproofing company (we don’t). Ask that they sign a no conflicts of interest guarantee ( we do) and if they do have an ownership or other interest in a contracting company, decline to accept their bid.

Bidding on work after doing an inspection is a gross conflict of interest in our opinion and managers agree with us. Tell your CLAC representative that SB326 needs to be amended to eliminate the loopholes in the current bill. Tell them to ban inspectors from providing bids.

If we find work is needed at your Association, we assist you with writing scopes of work, qualifying 3 contractors to bid and ensure that you are receiving apples to apples bids.

We are open and upfront, if your deck inspector sends to be cagey or avoids answering your questions, you may be getting set up by a contractor.

Have questions? Send us an email with the contact box to the left and we’ll get started on giving you a free EEE evaluation and proposal for your deck inspections. Don’t wait, the deadline is fast approaching.

Deck Inspections, SB 326 Balcony Inspections

Railing Failure Illustrates the Importance of Doing Balcony Inspections

A 9 year old child is lucky to be alive and only suffered some relatively minor injuries when the railing on a deck he was playing on gave way and he fell from the second story deck to the ground.

Our screen grabs from a TV news channel shows just how bad a shape the railing that still remains on the deck is in.

Stiles on the right side of the deck are obviously in poor condition. The whole front part of the railing is gone, indicating widespread dry-rot and likely improper fastening of the railing to the posts.
The remains of the railing lay below the upper deck.

I’ve seen similar railings like this in the past where a carpenter uses a nail in the top of the railing and one on the bottom to attach the stile. This method is not a very good method to achieve a 200 pound resistance to someone leaning against it, and especially for small children who are probably leaning on the stile’s themselves. These cheap wood stiles will often rot out in a few years from being exposed to water.

On one inspection I did at a property for sale, I kicked the wood stiles with a bit of minor force and the stiles failed. The seller was furious that I “damaged” his property, but I pointed out that if his grandchild leaned on that railing he likely would have fallen 15 feet to a concrete sidewalk below. My answer was I probably saved someone’s life, so fix it properly.

A better method of protecting occupants is to use pre built railings that are made of metal welded together in the factory.

Falls through railings are unfortunately a common occurrence, and many result in death or severe injuries. Years ago a Board member of a condo I managed fell through a dry-rotted railing while on vacation, after a few days he passed away from grievous injuries.

This is another example of why we inspect folks.

When it comes to life safety, don’t fool around folks, the reason we inspect is to prevent accidents.

If you are buying a property with decks and railings, have it inspected by an expert like ourselves before closing.

If you are an HOA get your decks inspected by the experts at William Leys Waterproofing Consultants LLC. We guarantee that we have no conflicts of interest and that we only work for the associations best interests.

Deck Inspections, SB 326 Balcony Inspections

HOA in Big Bear Selects William Leys Waterproofing Consultants LLC to Perform SB 326 Inspections on 90 Balconies & Stairs

We are pleased to announce that we have been selected to perform a SB 326 inspection for a large HOA in Big Bear. With 90+ decks, stairs and landings the association knew they needed an expert with the experience to properly inspect their Exterior Elevated Elements.

The association manager found us through a referral from a fellow CAI manager, who told them about the positive experience they had with us.

William Leys Waterproofing Consultants LLC was selected to perform balcony inspections in Big Bear!

We invite you to experience the professional and experienced licensed structural engineers and waterproofing experts that make up our team. Reach out today for your free EEE evaluation and proposal.

SB 326 Balcony Inspections

An EEE Evaluation May Have Helped Stop a Stair Collapse

On Monday we were in Pasadena looking at an association for the purpose of counting how many decks stairs walkways they have so we could bid to perform a SB 326 inspection job. The property is in an older established area that has Magnesite decking in the stairs and decks.

One stairway caught my eye with the long large crack in the Magnesite rubbing down the stair stringer. This critical piece of framing behind the Magnesite has, in my opinion, been infiltrated with water, has swollen and caused the Magnesite to crack and is likely dry-rotted as well, creating a life safety concern should it fail with people in the stairs.

We alerted the Board of Directors and their HOA manager to have the stairs shored up until repairs can be made. We would be remiss if we did not.

An EEE evaluation is not an inspection of the decks and stairs, but it is important to do in person to see the actual site conditions… And who knows, maybe we’ll catch a potential life safety issue at your association while we’re at it.

This is why we inspect, to protect life/safety and preserve your Associations property. Feel free to reach out to us for your free proposal for an SB 326 Inspection.

SB 326 Balcony Inspections

Balcony Inspection Question

We were recently asked by a client a really good question about wording in the balcony bill, SB 326 regarding our interpretation of the section where it states “This section shall only apply to buildings containing three or more multifamily units ” The client’s buildings have only 2 units per building.

We aren’t attorneys, but we did stay at a Holiday Inn Express last night… Sorry that’s a joke… We aren’t able to give legal advice even though we think we know the answer…

Being that we aren’t attorneys we turned to one of the preeminent authorities in the business, Mr Adrian Adams of Adams Stirling PC who runs Davis-Stirling.com and asked Adrian.

Invasive inspections can help save lives.


SMALL BUILDING
BALCONY INSPECTIONS

QUESTION: 

SB 326 states that “This section shall only apply to buildings containing three or more multifamily dwelling units.” Our association has twenty buildings, with only two condos per building. Does that mean we don’t need to inspect our balconies? -Bill

ANSWER: Even though you have 40 balconies (20 buildings times 2), a strict reading of the statute exempts your association from the requirements of invasive inspections. (Civ. Code § 5551(l).) Even though you are exempted, you still need to make visual inspections every three years for your reserve study requirements.

The problem with external visual inspections is that they are external. They can’t detect dry rot and termite damage to a balcony’s structural elements. If any of your balconies collapse causing injuries or deaths, it is almost guaranteed your association will be sued.

Plaintiffs will seek a jury trial and allege the board was negligent in their maintenance obligations and their failure to properly inspect balconies when every other association in the state was performing invasive inspections. A jury would likely agree with plaintiff’s counsel and award substantial damages to the victims. The litigation will negatively impact property values, the buying and selling of units, and insurance premiums. Moreover, the failure of one balcony means all balconies will need to be inspected either during or after the litigation.

RECOMMENDATION: It is less expensive to conduct a § 5551 inspection of your elevated structures than to defend against a wrongful death action. If the inspection finds problems, you can address them and avoid potential harm to residents. If the inspection determines your balconies are in good shape, it provides a layer of protection for the association (and directors) in the event one were to collapse. In addition to inspections, you should institute a regular plan of preventive maintenance and  balcony repairs.

The above information is copyrighted. Reprinted from Davis-Stirling.com by Adams|Stirling PLC

We completely concur with Adrian… My answer back to the client was in the form of a question… Are you willing to find out in a court of law if a jury thinks those balconies are exempt? I think your insurance company is just going to ask how many zeros do there need to be on the check that they write for a wrongful death suit?

It’s not worth the risk to try to avoid an inspection when the stakes are so high. Get in touch with us today about your balcony inspection needs and let us help guide you through the process. We guarantee in writing that a structural engineer performs the inspection in person and that we have no conflicts of interest. Our only interest is you, our client.

SB 326 Balcony Inspections

Camarillo HOA Selects William Leys Waterproofing Consultants LLC For Their SB 326 Balcony and Stair Inspection

We are pleased to announce that we have been selected to perform the SB326 balcony inspection for a large community in Camarillo. With 48 decks and 90+ stairs and landings, the Board of Directors vetted three firm’s qualifications before choosing us as the best qualified inspection firm for the job.

Cantilevered decks like this need to be inspected under SB326
Although the stairs are concrete, these stairs are supported by wood and therefore must be inspected.

“We are pleased to be selected as the best qualified inspection company in Ventura County.” Our reputation as an ethical firm, with guarantees that our structural engineer is performing the inspection of the structural elements and not just robosigning a report assures our clients that they are getting the best value for their money.” said Bill Leys, president of William Leys Waterproofing Consultants LLC.

We invite your Association to put the expertise of William Leys Waterproofing Consultants LLC team of waterproofing experts and structural engineers to work on your balcony inspection project. Contact us today using the contact form on the right or call Bill Leys directly at 805-801-2380.

Deck Inspections

Another Day, Another Preventable Deck Collapse…

By now many people have read the story of a deck collapse in a vacation rental in Georgia…9 people were injured, including several senior citizens. Fortunately no one died.

The pictures of the “accident” show a typical deck collapse scene, the rotted wood at the house to deck connection, the furniture and deck spilled all over the ground, rescue crews giving first aid and transporting victims to the hospital.

A typical deck collapse with multiple victims caused likely by a poor connection to the house with rotted wood failing and sending the deck crashing to the ground.

As a professional performing deck inspections I can say that I see this typical scene over and over, particularly on single family homes and it seems, very often that they are on rental properties. After viewing this picture above I tweeted out to Airbnb and VRBO that they could help lead the drive to deck safety by requiring owners to have professional inspections signed off before they can rent the property and let people use the deck. Very often on rental properties there are a number of people visiting having a party on the deck and then they go over to the edge of the railing where the view is to have a picture taken of the group and that’s when the decks framing becomes overloaded and the deck crashes to the ground.

Influential and powerful companies like VRBO and Airbnb have the ability to drive owners to have inspections performed on the deck. Insurance companies can also start requiring inspections of decks before they insure a property.

As a professional inspector whenever I am at a party or someone’s house with a deck on it I will walk underneath the deck and take a look at the connections between the house and the deck, the framing the posts etc., to make sure that I am not going to be the victim if the deck comes down. That may make me sound like a Debbie Downer but I’ve seen the results of too many deck collapses hospitalizations, death, long-term injury. The Berkeley deck collapse should have been a wake-up call Nationwide but we just ended up going back to the usual and typical shrugging and saying not much we can do…

Well there are things we can do, we can require inspections on vacation rentals where it’s likely that large groups of people will gather in the deck. We can stop or severely reduce deck collapses by requiring owners to have their decks inspected yearly. A typical deck inspection might run $250 to $350…

To paraphrase Rage Against the Machine, “It has to start somewhere, it has to start sometime
What better place than here, what better time than now?” It’s time to start fixing this preventable problem.

SB 326 Balcony Inspections

Santa Barbara HOA Selects William Leys Waterproofing Consultants LLC For Their SB 326 Balcony Inspections

We are pleased to announce that we have been selected by an HOA in Santa Barbara to perform their SB 326 Balcony Inspections. The 29 + EEEs, including decks stairs and walkways will be inspected by our licensed structural engineer and Bill Leys, a qualified waterproofing consultant who has been inspecting decks since 2007.

This job marks the 6th contract we’ve signed with the management companies HOA clients. They know when their clients contract with William Leys Waterproofing Consultants LLC that they are getting a company that has great references, no conflicts of interest and a commitment to our industry and HOA clients to do what’s right.

Contact us today for your free EEE evaluation and proposal. I walk every job before we bid, we know your property and we know how to do your job efficiently. There’s a reason we are becoming the deck inspection company to rely on. Contact Bill Leys today and get started on working with a company that has your interests first.

SB 326 Balcony Inspections

Shoreline Condominiums Retains William Leys Waterproofing Consultants LLC For Their SB 326 Inspections

We are pleased to announce that Shoreline Condominiums in Santa Barbara has selected William Leys Waterproofing Consultants LLC to perform their SB 326 balcony inspections.

Shoreline Condominiums has over 60 decks, multiple walkways and bridges for pedestrians and numerous stairs supported by wood framing that requires inspection under the bill.

Clients understand how important choosing the right inspection company is to perform these vital inspections and appreciate that I guarantee in writing that I have no conflicts of interest. I don’t own a waterproofing company or have any interest in any company’s products that I might specify to repair your decks.

Call me today to schedule a free EEE evaluation of your property. 805-801-2380. Ask for Bill,bI answer the phone every time and you’ll be in good hands.

SB 326 Balcony Inspections

Bill Leys Completes Continuing Education Webinar on External Elevated Elements Provided By Simpson, Gumpertz & Heger

Bill Leys, president of William Leys Waterproofing Consultants LLC received a Certificate of Completion from Simpson Gumpertz and Heger after attending their recent webinar “External Elevated Elements: Are You Sure That Your Balcony Is Safe?”

The hour-long program focused on the Berkeley balcony collapse tragedy that claimed 7 lives in 2015. Six other young adults survived, but sustained serious life threatening injuries that continue to create health issues to this day.

Leys contributed to the reporting of the balcony collapse with his expertise to the LA Times, The Mercury, The Irish Sun, SF Gate and other news outlets. Leys also testified at the CA Senate hearings on the proposed balcony bill brought by Senator Jerry Hill. Said Leys “I said back in 2016, and I still say it today, wood decks with waterproofing must be built to exacting standards and the highest workmanship in order to remain waterproof and safe. Inspections, maintenance and repairs must be performed to keep people safe on raised decks. Those students should never have lost their lives if people had done their job.”

Today Bill Leys continues to advocate for deck safety, performing SB 326 balcony inspections for HOAs throughout California. “We are one of a few companies that performs these inspections free of any conflicts of interest.” said Leys. “Many so called balcony inspectors are using SB 326 as a backdoor method to take advantage of unsuspecting HOAs who aren’t aware that their inspector is actually a waterproofing contractor. Worse yet, we know of several individuals who have complaint disclosures on their license they hold with CSLB that prey on HOAs under the guise of being an independent balcony inspector.”

Leys points out that his firm guarantees in writing that they have no conflicts of interest, with no ownership or interest in any company that performs construction work or manufactures waterproofing materials. “We work only for the HOAs best interests and when we work with our clients to get their decks repaired, we always use a written scope of work and obtain a minimum of three bids from contractors. Anything less is not acceptable to us.” said Leys

William Leys Waterproofing Consultants LLC was formed in 2020 and concentrates on working with HOAs in southern California. The firm is a member of the CAI Coachella Valley chapter as well as the Channel Islands Chapter. Please contact Bill today for a free EEE evaluation and proposal.