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.
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.
Today marks the 8th year since the balcony at Library Gardens literally fell off the building with 13 young adults standing on it to take a birthday photograph Seven people died as a result of a near 40 foot fall to the concrete sidewalk below. Ashley Donohoe, Olivia Burke, Eoghan Culligan, Nick Schuster, Lorcan Miller died at the scene and Aoife Beary passed away on January 2, 2022. The survivors were left with lifetime suffering and pain from grievous injuries.
I contributed to several newspaper articles with my opinion, I reviewed plans, photographs and other information sent to me by journalists for the LA Times and Mercury News Group. There is no doubt in my mind that the defect that caused the deaths and injuries to these kids was set into motion the day a carpenter took a saw to the laminated veneer lumber beams and cut them to provide slope on the deck without then sealing up the open exposed wood/glue to prevent water from getting into the material. With the addition of OSB/oriented strand board, and all of that crap wood being soaked for months during a rainy winter set into motion the demise of that balcony.
The builder didn’t protect the deck from moisture the carpenter didn’t protect it from moisture nobody protected it from moisture and as a result of carelessness neglect whatever they want to call it the blood on that sidewalk may be washed away but it’s still there… That sidewalk is holy ground. I make a sign of the cross when I’m on that sidewalk.
There is no doubt in my mind that a balcony inspection should have found problems and that deck would have been. People had reported that the deck had unusual slope… Which seems to indicate that the deep beams were slowly failing. It is also reported that they were mushrooms on the ceiling below that was simply scraped away, which should have been a huge warning sign of moisture intrusion. It certainly would have set alarm bells off in my head.
The Berkeley deck collapse is on my mind every time I perform a balcony inspection. I think what if that was my daughter or son lying on that sidewalk? I think about the parents and families who lost their child and I renew my vow each time in insisting that I do the best inspection possible, that when our engineer signs your report that your balconies are safe, that I won’t wake up one morning to the news of a deck collapse on a property we’ve inspected. This is that important to me.
Contact us today via text or calling 805-801-2380, email us using the contact box to the left …
We are pleased to announce that we have been selected to perform inspections under SB 326 for a property in Palm Springs CA. With over 70 EEEs to inspect, the association sought inspection quotes from some of the best inspection companies in California. We are honored to be thought of as highly as Sigler & Associates, A7 and Focused Inspection Group and asked to bid this job.
The Board of Directors interviewed each company after reviewing their proposals. I specifically told the Board during my interview that if our company lost the job, that I knew they had competent bidders that had no conflicts of interest and that I could sleep soundly knowing that they would be in good hands if they selected another company. I continually warn my managers that there are unsavory deck inspectors that are only seeking to take advantage of unsuspecting HOAs that are easy marks. We guarantee that we have no conflicts of interest. Some deck inspectors own waterproofing companies that want to do the repairs without you getting three competitive bids…
People say I’m crazy to talk up my competitors, but I don’t look at these companies as competitors, I look at them as peers worthy of respect and that they represent our industry well. I’m happy that we were awarded the job… And look forward to bringing your Association competitive bids against my worthy peers. May your association win the best inspection it deserves.
Your association deserves the best inspector who has zero conflicts of interest.
Call me, Bill Leys the Deck Inspector at 805-801-2380 for a fast free quote on your SB 326 inspection. We’ll be happy to bid against our peers and so will they.
There’s a lot of false information being spread by grifters in the balcony inspection industry.
First let me say that I have a lot of respect for my peers in the waterproofing consulting industry. Many of them are members of trade association groups, have designations as roof and waterproofing consultants and have the highest ethical standards. I salute them and place myself amongst them as a person who puts their client first, above all other interests.
Then there are the people in the balcony inspection industry who are spreading false information, sowing fear and generally lack any moral compass at all. They typically own a contracting business and are in the balcony inspection business to take advantage of unsuspecting managers and Boards of Directors of HOAs.
Case in point, the screen shot above from a deck inspectors website… Saying the inspection must be done by a licensed and certified inspector. There are no requirements set down in SB 326 that an inspector must be licensed or certified. What SB 326 says is the report must be signed by a licensed structural engineer or a licensed architect. There is no licensing entity, such as CSLB or The Board of Professional Engineers that issues licenses or administers tests for EEE inspections under SB326. This competing inspectors website is full of false information designed to frighten you.
Secondly, Associations are not required to file their balcony inspection report with the city or country building department. If, and only if the Structural Engineer or the Architect determines that an EEE is structurally unsound, and is a threat to life/ safety, then that person is responsible to notify the local building department, within 15 days after the inspection about the unsafe structure.
Third, we already caught this “deck inspector” having a balcony inspection report signed by a civil engineer and have reported that to the Board of Professional Engineers for investigation.
When you know the facts you’ll see why we and our fellow peers uphold the highest standards and are your best choice to perform your balcony inspections. Don’t get bamboozled, get educated, ask questions and above all always get 3 bids. Call us today for your free EEE evaluation of your HOA and rest easy knowing we are working in your best interests.
Go to the Board of Professional Engineers website and look up this license number. It doesn’t belong to the civil engineer who signed it. Now look up the name of this engineer and you’ll see that he is a civil engineer. https://search.dca.ca.gov/?BD=31. And just out of curiosity, isn’t it strange that this guy used the wrong license number?
We are excited to announce that we were selected to perform the balcony inspections at Varsity Park HOA in Moorpark by the Board of Directors of the HOA under SB 326.
Balconies await inspection by Bill Leys, the Deck Inspector.
The property is managed by A Diamond Management located in Thousand Oaks.
Bill Leys, President of William Leys Waterproofing Consultants LLC said the award of the contract to the firm is another sign that the managers of associations recognize the experience of the company and that the firm’s competitive pricing allows HOAs to be able to afford the best deck inspectors in the industry. “A lot of other companies don’t have deck inspectors who have actually installed deck waterproofing systems like I have. Years of experience installing deck systems and tearing apart failed deck systems teaches one a lot more than what ” book learning”: ever can. Real experience makes a difference.”
Please contact us for your free no obligation EEE evaluation and proposal for an SB 326 inspection. We visit every job personally so we know your property, and what it will take to inspect it effectively. We don’t ask you to send us pictures and tell us how many decks you have… That’s not your job to do the deck inspectors job.
See why Bill Leys is The Deck Inspector. Call or email us now.
We are proud to announce our affiliation with CAI’s Coachella Valley chapter. We look forward to serving the Coachella Valley areas HOAs with our SB 326 Balcony Inspection and roof and waterproofing consulting services.
Bill Leys, president of William Leys Waterproofing Consultants LLC said “I’m looking forward to helping HOAs with their balcony inspections as our main focus, and bringing our No Conflicts of Interest guarantee to the valley. We recognize that many HOAs are in need of inspections by a company that only works for their interests.”
If your Coachella Valley HOA needs a balcony inspection, please get in touch with us at 805-801-2380 or by email at leyswaterproofingconsultants@gmail.com
Bill Leys has been a waterproofing contractor for over 15 years and is recognized nationwide as an expert on deck waterproofing. Bill testified at CA Senate hearings when the balcony bills were being written and brought attention to the problems HOAs have with their decks and balconies.
We look forward to serving the Valley and bringing our expertise to managers and HOAs.
Lots of people are confused about the SB 326 balcony bill. Inspectors sometimes are too. We get lots of questions about whether an Association EEE’s must be inspected under the bills inspection requirements.
To make it a little easier we compiled this series of photographs showing what types of EEE’s must be inspected and which are exempt. We hope this helps a bit in understanding.
Do you need an SB 326 deck inspection? Call me, Bill Leys, The Deck Inspector today at 805-801-2380 to discuss and set up an appointment to personally evaluate your Associations EEE’s as to whether they must be inspected or if they are exempt.
Starting with decks ad balconies, here are some examples that need to be inspected….
This is a wood framed cantilevered balcony. It is eligible to be inspected under SB326. This is a stucco covered cantilevered balcony. This is required to be inspected under SB 326. This balcony, even though it only partially extends past the building, is required to be inspected under SB 326 These stacked balconies need to be inspected under the balcony bill
This balcony is extended out and supported by wood framing, it needs to be inspected under SB-326.
This is a cantilevered wood framed balcony; it must be inspected under SB 326.
There’s actually 3 balconies here that must be inspected under SB 326.
This type pf balcony is eligible for inspection under SB 326. Only 3 walls support it, where 4 are required to exempt the balcony from inspection.
Next are examples of stairs and landings that need to be inspected, with one example of steel stairs that don’t need to be inspected (but the connection of them to the wood framing does need to be inspected).
So here we have concrete stairs attached to wood framing. The stairs need to be inspected under SB 326. Often times we will find dry-rot starting in the bottom where the wood contacts the concrete.
Here is a wood framed landing 6′ or more off the ground. This is eligible for inspection under SB 326. Note that the stairs are concrete with steel framing. These do not need to be inspected, but the connection too the wood framing does need to be inspected. These stairs are required to be inspected under SB 326.
Walkways supported by wood framing need to be inspected, such as these examples.
Walkways like these need to be inspected under the SB 326 balcony bill
The walkways shown here are required to be inspected under SB 326.
So what type of deck/balcony/stair or walkway doesn’t need to be inspected? Anything that is less than 6′ high off the ground (don’t be surprised though is it’s 5′ off the ground and we want to inspect it), made of concrete or steel. And any deck supported by 4 walls like this one below. A solid wall (no columns) must support the deck all the way around for it to be exempt.
This balcony is supported by 4 walls and is therefore exempt from the bill. We still suggest that the railings be inspected.
This balcony on the other hand does need to be inspected despite it being recessed in and under a roof, as it is not supported by four walls like the balcony shown above. It is supported by framing across the lower opening (which is a patio on the first floor).
This pictorial is not meant to be exhaustive; if you aren’t sure after looking through our pictures, give a call or fill out our contact form. Sending us some pictures always helps too! We are here to help and guide you through the SB 326 process.
We’ve seen a lot of hype over balcony inspection vents here in California. This new product is the result of the SB 326 & SB 721 Balcony Inspection bills that were passed after the deaths of 7 young adults and severe injuries to 6 who survived the collapse of a balcony in Berkeley in 2015.
Essentially balcony inspection vents allow one to easily inspect the interior cavities of a deck enclosed underneath in stucco or other materials. Balcony inspection vents are designed to be installed in a retrofit fashion or on new construction across the bays on a deck. Most are set up with a piano hinge that allows the vent to be opened and the joists and substrate can be observed. Several other less expensive types require the vent to be pulled down after removing several screws.
SB 800 allows for condos to file claims for construction defects within 10 years of completion of the buildings. SB 326 adds additional language that strengthens some of that Bill and improves upon it. While condos may want to pursue construction defect claims, they may want to postpone their Balcony inspection if they suspect they have defects. Why?
Simply because the balcony inspection report becomes part of the association’s records for a minimum of 9 years and is part of the reserve study. A report showing numerous deficiencies may be a red flag to buyers, your insurance company and could cause unintended problems.
One attorney I know recommends pre-inspections of the EEEs and inspections of the building envelope in general. “I strongly recommend a pre-inspection. Open 2 or 3 locations and if there are issues,do repairs first. That way the report isn’t a surprise (and protects property values) and if the project is under 10 years old, the builder pays for inspections and repairs.” We concur and so we offer our clients pre SB326 inspections of EEE’s that are suspected of having damage/ defects.
We will open up several decks/ balconies for inspection of the structural elements. If there are damages and repairs are necessary then the beginning of an SB 800 claim can be started with the developer/builder. At the time of opening the decks and balconies we will document all conditions prior to destructive testing starting and then document while removing materials and exposing structural elements. Items removed will be documented, logged in and retained for evidence in our secure storage location. We will then issue a report to the Board on our findings.
As a structural engineer is not involved at this point and the number of elements that are being opened are limited, the cost to do this is much lower than a SB 326 stage 2 inspection would be.
If you would like a proposal for a Pre-SB326 Inspection, contact us today for a quote.
SB 326 Deck Inspections & Building Envelope / Waterproofing Experts
SB 326 Deck Inspection Specialists * Building Waterproofing Consultants * Construction Defect Investigations By Bill Leys The Deck Expert 