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Exterior Elevated Elements Also called EEEs or E3s. This would be any structure that extends from an exterior wall, which is elevated more than 6 feet above the ground and is intended to support a human. Elevated porches, entryways and walkways would fall under this, as well as decks, balconies and stairways. For example, a deck over a garage does not apply since it has a structure underneath it. However, a deck that extends beyond the exterior part of the garage wall would count if the portion that extends can be walked on. This Statute applies only to residential buildings consisting of 3 or more dwellings. If a house is on a lot with a triplex, the house does not apply since it is one building with one dwelling, but any exterior elevated elements on the triplex do. Only wood or wood-based structures fall under this law. Metal stairs do not apply. On larger buildings, some lower balconies are made of cement (not wood), so they would not apply. Scope of the Inspection The minimum: The statute requires the inspector inspect a minimum of at least 15% of each type of the building’s “Exterior Elevated Elements” (EEEs or E3s) that qualify under SB 721, and their associated waterproofing elements (flashings, membranes, coatings, and sealants), including their supports and railings. The inspector would look for staining, peeling or other conditions and check the drainage, slope and deck surface. Additionally, they will look for safety issues/hazards, etc. Per SB 721, the assessment will provide: “(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.” The report should also contain recommendations for needed repairs. Choosing the EEEs: When inspecting only 15% of the EEEs, it is standard for the inspector to choose which EEEs are inspected. But we are inspecting 15% of each type. For example, if you have 5 balconies, we would need to inspect one of them. But if you had 1 balconies, 1 stairway, and 1 walkway then we would have to inspect 1 of each = 3. Boring: An inspector may bore a hole into an EEE to view inside. The hole is usually only about one half inch in diameter. Some companies do not perform any boring at all while other companies have a mandatory two borings for each EEE. The company will patch the hole, but the material will not match the existing color. There is often a fee with this. The Scope of Inspection varies from company to company. Each company should provide details on what their service includes for that fee. For instance, some companies will only do the inspection if they do all the EEEs on the building. Some companies standardly inspect the 15% minimum but will give you an option for more for an additional fee. Other companies will provide ballpark figures for any repairs over $3,000. Inspector Qualifications SB 721 allows for various ways to be qualified, such as being a certified building inspector, licensed contractor, architect, engineer, et cetera. But SB 326 gives only “engineer” or “architect” which drastically narrows the inspector pool. Due to the more stringent requirements, you may find that costs for an SB 326 inspection are higher than an SB 721 inspection. |
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SPECIFIC TO SB 721 Reporting Hazardous Conditions to Authorities The inspector is required to report to the authorities any and all instances where hazardous conditions exist that pose a risk to the occupant. Per the statute, “… conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the building within 15 days and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency.” Timeframe to Remedy Hazardous Conditions While the statute doesn’t specify an exact timeframe, it does mention “immediate repairs” and “emergency repairs.” Regardless of the speed in which you make the repairs, you must minimally require that occupants be prevented access to any areas that pose a safety risk. If No Hazardous Conditions Exist but Repairs are Recommended The statute states, “(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.” More Information on Timeframes Per the statute, “…The nonemergency repairs made under these provisions would be required to be completed within 120 days.” And also, “(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.”The above dates appear to conflict with the earlier timeframe of 120 days for the permit and 120 days to do the repairs. But if you look closely, you may consider that “comply with the repair requirements” could easily mean beginning the process — starting by pulling the permit. In that light, the timeframes do agree. Your Inspector Must Also Follow SB 721 In summary of the above, the inspector is required to report to authorities either hazardous conditions or noncompliance of repairs. Very likely, the inspector doesn’t like this any more than you do. But just as you must comply, so must they. What to Do After Repairs Have Been Completed When the repairs are done, both urgent or non-urgent, please call or email us so we can schedule the day/time to inspect the exterior elevated elements again and verify the work was completed as recommended. If the repairs were completed as recommended — and performed with permits — we will issue a certificate. Please be advised that we do charge for the return inspection. How Often Must an SB 721 Inspection be done The inspection must be done every six years, and the reports must be saved for no less than two inspection cycles. SPECIFIC TO SB 326 Reporting Hazardous Conditions to Authorities The inspector is required to report to the authorities any and all instances where hazardous conditions exist that pose a risk to the occupant. Per the statute, “The bill would require the inspector to 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, 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.” Timeframe to Remedy Hazardous Conditions While the statute doesn’t specify an exact timeframe, it does state, “The bill would require the association to take preventive measures immediately upon receiving the report, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.” Regardless of the speed in which you make the repairs, you must minimally require that occupants be prevented access to any areas that pose a safety risk. This is not to say you can wait on repairs. The statute doesn’t say either way. But do please keep in mind that they do require us to send the report to the local code enforcement agency and once they receive it, you will be on their radar. We recommend using SB 721 as a guide (EEE requirements for apartment building owners), which states, “Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph.” If No Hazardous Conditions Exist but Repairs are Recommended SB 326 offers no instructions as to what the inspector or HOA should do about repairs that are not urgent. We recommend using SB 721 as a guide (EEE requirements for apartment building owners), which states, “(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.” What to Do After Repairs Have Been Completed SB 721 for apartment building owners requires the original inspector to verify that repairs have been made but SB 326 only mentions emergency repairs, “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.” To be on the safe side, we recommend the local enforcement agency do all inspecting and approving of both emergency and non-emergency repairs. How Often Must an SB 326 Inspection be done. The inspection must be done every nine years, and the reports must be saved for no less than two inspection cycles. |