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THE BALCONY SAFETY
INSPECTION BILL: AVOIDING
BOWNER LIABILITY
THE BENEFITS TO BUILDING OWNERS OF HEALTH & SAFETY CODE §17973
By Tyler Berding, J.D., Founding Partner Berding & Weil LLP
y now, most owners of apartment of “load-bearing components,” even if that means buildings with balconies and other removing portions of the building to do it. The elevated exterior components know assessments must be done by a licensed architect, that safety inspections are required civil or structural engineer, or a general contractor by California Health and Safety holding specific specialty licenses. The statute Code §17973. This regulation was requires that most wood-based exterior elements inspired by the collapse of a balcony intended for human occupancy be inspected and in Berkeley, California, in June of their condition and life expectancy reported. Findings
2015 that killed six Irish exchange students and badly that indicate probable safety hazards must be injured seven others. Generally, the statute requires reported to the local building official.
balconies, walkways, staircases, and other “exterior elevated elements” built primarily of wood or wood- based products on residential buildings of three or more units, to be inspected for structural safety every six years. (Editor’s Note: The first inspection must be completed no later than January 1, 2025.)
These inspections must include a visual investigation
68 FEBRUARY 2022 - APARTMENT MANAGEMENT MAGAZINE AMM1/6
It is always tempting to regard new government regulations as just more interference with the rights of property owners. However, there is ample evidence of building failures resulting in injury or death to justify this new requirement. But what rarely is discussed is how this new statute can be beneficial
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