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THE BALCONY SAFETY
INSPECTION BILL: AVOIDING
OWNER LIABILITY
BTHE 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 These inspections must include a visual investigation buildings with balconies and other of “load-bearing components,” even if that means elevated exterior components know removing portions of the building to do it. The that safety inspections are required assessments must be done by a licensed architect, by California Health and Safety civil or structural engineer, or a general contractor Code §17973. This regulation was holding specific specialty licenses. The statute inspired by the collapse of a balcony requires that most wood-based exterior elements in Berkeley, California, in June of intended for human occupancy be inspected and
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.)
2015 that killed six Irish exchange students and badly their condition and life expectancy reported. Findings injured seven others. Generally, the statute requires that indicate probable safety hazards must be balconies, walkways, staircases, and other “exterior reported to the local building official.
elevated elements” built primarily of wood or wood-
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
AMM2 APARTMENT MANAGEMENT MAGAZINE - FEBRUARY 2022 63