AB 1101: Building standards: exterior elevated elements: inspection.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-13
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. The act requires the board of an association of a condominium project to cause a visual inspection to be conducted, at least every 9 years, of the exterior elevated elements for which the association has maintenance or repair responsibility. Existing law requires the inspection to be conducted by a licensed structural engineer or architect.
This bill would additionally authorize a Branch 3 registered company registered with the Structural Pest Control Board with a minimum of 5 years of experience to conduct the inspection.
Existing law, the State Housing Law, authorizes an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, the State Housing Law, the building standards published in the California Building Standards Code, and specified other rules and regulations. Existing law requires exterior elevated elements that include load-bearing components in all buildings containing 3 or more multifamily dwelling units to be inspected, and requires that inspection to be performed by one of specified licensed individuals, including a licensed architect or a licensed civil or structural engineer.
This bill would additionally authorize a structural pest control operator licensed by Branch 3 registered company registered with the Structural Pest Control Board with a minimum of 5 years of experience to perform the inspection. To the extent the bill would impose additional enforcement duties on local enforcement entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Housing Law, authorizes an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, the State Housing Law, the building standards published in the California Building Standards Code, and specified other rules and regulations. Existing law requires exterior elevated elements that include load-bearing components in all buildings containing 3 or more multifamily dwelling units to be inspected, and requires that inspection to be performed by one of specified licensed individuals, including a licensed architect or a licensed civil or structural engineer.
This bill would additionally authorize a structural pest control operator licensed by the Structural Pest Control Board with a minimum of 5 years of experience to perform the inspection. To the extent the bill would impose additional enforcement duties on local enforcement entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Department of Consumer Affairs in the Business, Consumer Services, and Housing Agency. The department consists of various boards, bureaus, and commissions that are created to ensure that private businesses and professions that engage in activities that may affect the health, safety, and welfare of the public are adequately regulated. Existing law authorizes any of the boards, bureaus, commissions, or programs within the department to establish a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation.This bill would make a nonsubstantive change to the provision authorizing establishment of an inactive category of licensure.Existing law establishes the Department of Consumer Affairs in the Business, Consumer Services, and Housing Agency. The department consists of various boards, bureaus, and commissions that are created to ensure that private businesses and professions that engage in activities that may affect the health, safety, and welfare of the public are adequately regulated. Existing law authorizes any of the boards, bureaus, commissions, or programs within the department to establish a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation.
This bill would make a nonsubstantive change to the provision authorizing establishment of an inactive category of licensure.
(a)For purposes of this section, the following definitions apply:
(1)Associated waterproofing systems include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
(2)Exterior elevated elements mean the load-bearing components together with their associated waterproofing system.
(3)Load-bearing components means 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.
(4)Statistically significant sample means a 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.
(5)Visual inspection means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.
(b)(1)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 engineer, a licensed architect, or a Branch 3 registered company registered with the Structural Pest Control Board with a minimum of five years of experience of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
(2)The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.
(c)Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.
(d)The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). 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 inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
(e)Based upon the inspectors 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.
(f)The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550.
(g)(1)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.
(2)Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association.
(h)Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list.
(i)The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association.
(j)(1)The association shall be responsible for complying with the requirements of this section.
(2)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 associations governing documents.
(k)The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.
(l)This section shall only apply to buildings containing three or more multifamily dwelling units.
(m)The association board may enact rules or bylaws imposing requirements greater than those imposed by this section.
(n)A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section.
SECTION 1.SEC. 2.Section 17973 of the Health and Safety Code is amended to read:17973.(a)Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect; a licensed civil or structural engineer; a building contractor holding any or all of the A, B, or C-5 license classifications issued by the Contractors State License Board, with a minimum of five years of experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; a structural pest control operator licensed by Branch 3 registered company registered with the Structural Pest Control Board with a minimum of five years of experience; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the owner of the building.
(b)For purposes of this section, the following terms have the following definitions:
(1)Associated waterproofing elements include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
(2)Exterior elevated element means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.
(3)Load-bearing components are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building.
(c)The inspection required by this section shall at a minimum include:
(1)Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2)Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements identified in paragraph (1) using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3)The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A)The current condition of the exterior elevated elements.
(B)Expectations of future performance and projected service life.
(C)Recommendations of any further inspection necessary.
(4)A written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owners designated agent within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d)The inspection shall be completed by January 1, 2025, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and, if requested by the owner, a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owners permanent records for not less than two inspection cycles, and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building.
(e)The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section.
(f)If the property was inspected within three years before January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until January 1, 2025.
(g)An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1)The recommendations of a licensed professional described in subdivision (a).
(2)Any applicable manufacturers specifications.
(3)The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4)All local jurisdictional requirements.
(h)(1)An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2)The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency.
(i)(1)The owner of the building shall be responsible for complying with the requirements of this section.
(2)If the owner of the building does not comply with the repair requirements within 180 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.
(3)If a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorders office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(j)(1)A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and assessors parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building.
(2)If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.
(3)A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment.
(4)Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and providing notice to the owner of the building as part of its foreclosure action to enforce the lien.
(k)The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building.
(l)Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(m)For any building subject to the provisions of this section that is proposed for conversion to condominiums to be sold to the public after January 1, 2019, the inspection required by this section shall be conducted before the first close of escrow of a separate interest in the project and shall include the inspectors recommendations for repair or replacement of any exterior elevated element found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, and would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Department of Real Estate by the proponent of the conversion and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134 of the Civil Code, and provided to the local jurisdiction in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction.
(n)This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code.
(o)The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect; a licensed civil or structural engineer; a building contractor holding any or all of the A, B, or C-5 license classifications issued by the Contractors State License Board, with a minimum of five years years of experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; a structural pest control operator licensed by the Structural Pest Control Board with a minimum of five years of experience; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the owner of the building.
(b)For purposes of this section, the following terms have the following definitions:
(1)Associated waterproofing elements include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
(2)Exterior elevated element means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.
(3)Load-bearing components are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building.
(c)The inspection required by this section shall at a minimum include:
(1)Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2)Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements identified in paragraph (1) using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3)The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A)The current condition of the exterior elevated elements.
(B)Expectations of future performance and projected service life.
(C)Recommendations of any further inspection necessary.
(4)A written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owners designated agent within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d)The inspection shall be completed by January 1, 2025, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and, if requested by the owner, a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owners permanent records for not less than two inspection cycles, and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building.
(e)The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section.
(f)If the property was inspected within three years prior to before January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until January 1, 2025.
(g)An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1)The recommendations of a licensed professional described in subdivision (a).
(2)Any applicable manufacturers specifications.
(3)The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4)All local jurisdictional requirements.
(h)(1)An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2)The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency.
(i)(1)The owner of the building shall be responsible for complying with the requirements of this section.
(2)If the owner of the building does not comply with the repair requirements within 180 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.
(3)In the event that If a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorders office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(j)(1)A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and assessors parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building.
(2)In If the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.
(3)A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment.
(4)Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and providing notice to the owner of the building as part of its foreclosure action to enforce the lien.
(k)The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building.
(l)Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(m)For any building subject to the provisions of this section that is proposed for conversion to condominiums to be sold to the public after January 1, 2019, the inspection required by this section shall be conducted prior to before the first close of escrow of a separate interest in the project and shall include the inspectors recommendations for repair or replacement of any exterior elevated element found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, and would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Department of Real Estate by the proponent of the conversion and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134 of the Civil Code, and provided to the local jurisdiction in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction.
(n)This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code.
(o)The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 462 of the Business and Professions Code is amended to read:462.(a)Any of the boards, bureaus, commissions, or programs within the department may establish, by regulation, a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation.(b)The regulation shall contain the following provisions:(1)The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.(2)An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license need not comply with any continuing education requirement for renewal of an active license.(3)The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.(4)In order for the holder of an inactive license issued pursuant to this section to restore the persons license to an active status, the holder of an inactive license shall comply with all the following:(A)Pay the renewal fee.(B)If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.(c)This section shall not apply to any healing arts board as specified in Section 701.(a)Any of the boards, bureaus, commissions, or programs within the department may establish, by regulation, a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation.
(b)The regulation shall contain the following provisions:
(1)The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.
(2)An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license need not comply with any continuing education requirement for renewal of an active license.
(3)The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.
(4)In order for the holder of an inactive license issued pursuant to this section to restore his or her the persons license to an active status, the holder of an inactive license shall comply with all the following:
(A)Pay the renewal fee.
(B)If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.
(c)This section shall not apply to any healing arts board as specified in Section 701.
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Date
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Status
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| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2023 | In committee: Hearing postponed by committee. |
| Apr 26, 2023 | In committee: Hearing postponed by committee. |
| Apr 17, 2023 | Re-referred to Com. on APPR. |
| Apr 13, 2023 | Read second time and amended. |
| Apr 12, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 12). |
| Mar 20, 2023 | Re-referred to Com. on H. & C.D. |
| Mar 16, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Mar 16, 2023 | Referred to Com. on H. & C.D. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 12, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Homeguard Incorporated | * Support | Apr 12, 2023 |
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1101
Author:(Flora) – As Amended Ver:April 13, 2023
Policy Committee: | Housing and Community Development | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill additionally authorizes a Branch 3 registered company registered with the Structural Pest Control Board within the Department of Consumer Affairs (DCA), with a minimum of five years of experience, to conduct inspections of exterior elevated elements that include load-bearing components (balconies) in buildings with three or more residential dwelling units.
FISCAL EFFECT:
- The Structural Pest Control Board estimates ongoing special fund costs of approximately $400,000 annually for four part-time expert consultant contractors to cover enforcement in three regions in California and develop and redesign operator examinations to include the new knowledge, skills, and abilities (KSAs) requirement, and one additional position to revise regulations. Under this bill, pest control operators would be operating outside of their current scope of practice, necessitating multiple regulation and enforcement updates.
The Board additionally anticipates a special fund cost of $100,000 every five years for occupational analysis to determine necessary KSAs needed to complete the inspections.
Boards and bureaus within DCA are “special funded,” meaning they derive their funding from fees charged to licensees. Generally, licensee fees can only be adjusted by legislation. Increases in operating costs resulting from the implementation of new legislative mandates may place pressure on existing fee structures that, in totality, may necessitate legislation to raise licensee fees.
- Local costs to the extent this bill imposes additional enforcement duties on local enforcement entities. These state-mandated costs are unknown and are not reimbursable by the state because local agencies have general authority to levy fees and charges to cover these costs.
COMMENTS:
- Purpose. According to the author:
This bill will allow pest control employees to inspect balconies. They are barred from doing so despite being trained how to perform that service. Licensed Structural Pest Control Companies are not authorized to perform deck and balcony inspections as required by SB 721 (2017) even though their training and licensing authorizes them to identify wood born fungus, deterioration and decay.
- Background. In 2015, a wooden balcony collapsed at the Library Gardens apartment complex located in the City of Berkeley, near the University of California, Berkeley campus. The balcony collapsed due to decayed wooden joists caused by wood dry rot as a result of poor building maintenance, killing six young adults and injuring seven others.
As a result of that collapse, the Legislature passed SB 465 (Hill), Chapter 372, Statutes of 2016, which, in addition to requiring additional oversight for contractors, required the California Building Standards Commission (CBSC) to establish a working group to study the failure of exterior elevated elements. SB 465 directed the CBSC to submit a report to the Legislature containing findings and possible recommendations for statutory or other changes to the California Building Standards Code. In 2017, the CBSC approved emergency regulations to accelerate the adoption of higher construction standards.
As a result of that report and the emergency regulations, SB 721 (Hill), Chapter 445, Statutes of 2018, established a requirement to perform regular inspections of exterior elevated elements of certain multi-unit residential buildings. SB 721 requires those elements and other load-bearing components and waterproofing elements be inspected at least every six years by certain licensed persons. SB 326 (Hill), Chapter 207, Statutes of 2019 later established similar minimum inspection requirements for common interest developments (CIDs) with three or more multifamily units.
SB 721 allowed the inspections to be conducted by a licensed architect, a licensed civil or structural engineer, certain building contractors licensed by the Contractors’ State License Board, with a minimum of five years’ experience in constructing multistory wood frame buildings, or an individual certified as a building inspector or building official from a recognized association. SB 326 allowed a licensed structural engineer or architect to inspect load-bearing elements in CIDs. This bill adds a structural pest control company with at least five years of experience to the list of inspectors authorized to perform inspections of exterior elevated elements in multiunit buildings, including in CIDs.
A structural pest control company with a Branch 3 license is specifically licensed in the control of wood-destroying pests or organisms via insecticides or structural repairs and corrections, meaning they have specific experience in the detection and mitigation of the types of wood rot and decay the inspection regime is designed to address. The City of Berkeley, which passed an ordinance similar to SB 721 before that law was passed, has allowed structural pest control companies to conduct these inspections since their ordinance went into effect in 2015.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 12, 2023
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
ABPCA Bill Id:AB 1101 (
Author:Flora) – As Amended Ver:March 16, 2023
SUBJECT: Building standards: exterior elevated elements: inspection
SUMMARY: Adds structural pest control operators licensed by the Structural Pest Control Board and with a minimum of five years of experience to the types of inspectors who are eligible to perform inspections of exterior elevated elements that include load-bearing components in buildings with three or more residential dwelling units.
EXISTING LAW:
- Requires owners of all buildings containing three or more multifamily dwelling units to inspect exterior elevated elements that include load-bearing components. Requires the inspection to be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors’ State License Board, with a minimum of five years’ experience as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by a local jurisdiction. (HSC 17973(a))
- Specifies that the purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. (HSC 17973(a))
- Defines “exterior elevated element” as the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element. (HSC 17973(b)(2))
- Defines “load-bearing components” as components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building. (HSC 17973(b)(3))
- Defines “associated waterproofing elements” as flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements. (HSC 17973(b)(a))
- Requires the inspection to include, at a minimum:
- Identification of each type of exterior elevated element that constitute a threat to the health or safety of the occupants;
- Assessment of the load-bearing components and associated waterproofing elements of a sample of at least 15 percent of each type of exterior elevated element;
- The current condition of the exterior elevated elements, expectations of future performance and projected service life, and recommendations of any further inspection necessary; and
- A written report of the evaluation that includes certain specified information and is stamped or signed by the inspector and presented to the building owner within 45 days. (HSC 17973(c))
- Requires the initial inspection to be completed by January 1, 2025, and requires subsequent inspections every six years. (HSC 17973(d))
- Requires the inspector to produce an initial report and, if requested by the owner, a final report indicating that any required repairs have been completed. The inspector must provide a copy of any report that recommends immediate repairs or finds severe safety issues to the building owner and the local enforcement agency within 15 days. (HSC 17973(d))
- Requires the building owner to correct an exterior elevated element found by the inspector to be in need of repair or replacement. All repair and replacement work must follow certain prescribed timelines and be performed by a qualified and licensed contractor in compliance with the recommendations of a specified licensed professional, any applicable manufacturer’s specifications, applicable building standards, and local jurisdictional requirements. (HSC 17973(g))
- Requires the inspector, if the owner of the building does not comply with the repair requirements within 180 days, to notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building must be assessed a civil penalty based on the fee schedule set by the local authority of not less than $100 nor more than $500 per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency. (HSC 17973(i))
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “This bill will allow pest control employees to inspect balconies. They are barred from doing so despite being trained how to perform that service. Licensed Structural Pest Control Companies are not authorized to perform deck and balcony inspections as required by SB 721 (2017) even though their training and licensing authorizes them to identify wood born fungus, deterioration and decay.”
Background: In 2015, a wooden balcony collapsed at the Library Gardens apartment complex located in the City of Berkeley, near the University of California, Berkeley campus. The balcony collapsed due to decayed wooden joists caused by wood dry rot as a result of poor building maintenance, killing six young adults and injuring seven others.
Ultimately, the Contractor’s State License Board revoked the license of Segue Construction, Inc., the general contractor responsible for building the apartment complex where the collapse occurred, as it was alleged that the contractor company “willfully departed from or disregarded building plans or specifications, and willfully departed from accepted trade standards for good and workmanlike construction.”
As a result of that collapse, the Legislature passed SB 465 (Hill), Chapter 372, Statutes of 2016, which, in addition to requiring additional oversight for contractors, also required the California Building Standards Commission (CBSC) to establish a working group to study the failure of exterior elevated elements. The bill directed the CBSC to submit a report to the Legislature containing findings and possible recommendations for statutory or other changes to the California Building Standards Code. In 2017, the CBSC approved emergency regulations to accelerate the adoption of higher construction standards.
As a result of that report and the emergency regulations, in 2018, SB 721 (Hill), Chapter 445 established a requirement to perform regular inspections of exterior elevated elements of certain multi-unit residential buildings. The bill requires that those elements and other load-bearing components and waterproofing elements be inspected at least every six years by certain licensed persons, to determine that the exterior elevated elements and their associated waterproofing elements are in a generally safe conditions, adequate working order, and free from any hazardous conditions. The bill also required any identified repairs to be made within a designated timeframe and provided penalties for building owners who do not complete the required repairs.
While SB 721 did not ultimately apply to common interest developments (CIDs), SB 326 (Hill), Chapter 207, Statutes of 2019 later established minimum inspection requirements for exterior elevated elements in CIDs with three or more multifamily units. The bill also prohibited a homeowner association’s (HOA’s) governing documents from limiting the ability of an HOA to bring construction defect litigation against the founder, developer, or builder of the HOA.
SB 721 lays out a list of inspectors who are eligible to perform the inspections: a licensed architect; licensed civil or structural engineer; a building contractor holding an “A,” “B,” or “C-5” license classification issued by the Contractors’ State License Board, with a minimum of five years’ experience in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by a local jurisdiction. By contrast, SB 326 only allows a licensed structural engineer or architect to inspect load-bearing elements in CIDs.
This bill adds structural pest control companies with at least five years of experience to the list of inspectors who are authorized to perform inspections of these elements in multiunit buildings not located within a CID. Structural pest control companies with Branch 3 licenses are specifically licensed in the control of wood-destroying pests or organisms via insecticides or structural repairs and corrections, meaning they have specific experience in the detection and mitigation of the types of wood rot and decay the inspection regime is designed to address. The City of Berkeley, which passed an ordinance similar to SB 721 before that law was passed, has allowed structural pest control companies to conduct these inspections since their ordinance went into effect in 2015.
Arguments in Support: According to Homeguard, Inc., the sponsor, “The impetus for SB 721, the legislation that establishes the inspection standards, was the collapse of a deck due to wood decay, which is an issue that falls within the expertise of Branch 3 Structural Pest Control Operators. AB 1101 simply adds them to the list of licensed professions authorized to perform deck and balcony inspections under the statute adopted by SB 721. Adding additional qualified professions to the list of authorized inspectors will make it easier for apartment owners to meet the requirements and safety outcomes sought by SB 721.”
Arguments in Opposition: None at this time.
Committee Amendments: Committee staff recommends the following amendments:
- To further specify the type of structural pest control company that would be authorized to perform these inspections as a Branch 3 licensee, add the following to Section 17973(a):
17973. (a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect; a licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years of experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; a Branch 3 registered company structural pest control operator licensed by the Structural Pest Control Board with a minimum of five years of experience; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the owner of the building.
- The bill does not currently address the types of inspectors who are required to inspect balconies and decks in CIDs. To ensure that the bill applies for elevated structures that are in CIDs as well as those not in CIDs, add the following language to Civil Code Section 5551(b)(1):
Section 5551(b)(1). (b) (1) 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, or Branch 3 registered company licensed by the Structural Pest Control Board with a minimum of five years of experience, of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
Related Legislation:
SB 1340 (Wilk) of the 2019-20 Session, as introduced, would have authorized a licensed structural pest control contractor to perform exterior elevated element inspections and would have eliminated the prohibition against the contractor performing the inspection from bidding on the repair work. This bill died pending a hearing in the Senate Housing Committee.
SB 607 (Min), Chapter 367, Statutes of 2021 deleted a prohibition on repairs of exterior elevated elements being performed by a licensed contractor serving as the inspector of those elements.
SB 326 (Hill), Chapter 207, Statutes of 2019 established minimum inspection requirements for exterior elevated elements in CIDs with three or more multifamily units and prohibited a homeowner association’s governing documents from limiting the ability of an HOA to bring construction defect litigation against the founder, developer, or builder of the HOA.
SB 721 (Hill), Chapter 445, Statutes of 2018 established minimum inspection requirements for the exterior elevated elements, including balconies and decks, of buildings with three or more multifamily dwelling units, as specified.
SB 465 (Hill), Chapter 372, Statutes of 2016, in addition to requiring additional oversight for contractors, also required the CBSC to establish a working group to study the failure of exterior elevated elements and to submit a report to the Legislature containing findings and possible recommendations for statutory or other changes to the California Building Standards Code.
REGISTERED SUPPORT / OPPOSITION:
Support
Homeguard Incorporated (Sponsor)
Opposition
None on file.
Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085
Discussed in Hearing
3MIN
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):