Please help out and sign the petition to ask CLAC to modify SB326 to ban inspectors from bidding on repairs to HOAs they inspect! https://chng.itZdMGc5LCfL
Sign The Petition to Ban SB326 Balcony Inspectors From Bidding on Repairs
EMPIREWORKS BUSTED FOR PROVIDING AN SB326 BALCONY REPORT THAT WAS ROBO-SIGNED BY AN OUT OF STATE ARCHITECT!
ARCHITECT ADMITS IN WRITING THAT EMPIREWORKS DID THE INSPECTION
UNDER SB326 ONLY LICENSED ARCHITECTS & STRUCTURAL ENGINEERS CAN PERFORM INSPECTIONS
EMPIREWORKS HAS A COMPLAINT DISCLOSURE ON ITS MULTIPLE CSLB LICENSES
A concerned HOA resident sent us a complete SB326 balcony report from EMPIREWORKS, a multi-state contractor who works on HOAs in California, Texas and several other states. The inspection of their condominium complex was performed by Empire works, not the architect and the architect admits this in his cover letter to the association, while at the same time claiming it meets the standards set under SB326.
We’ve spoken to several attorneys who say the report does not meet the intent of the bill, and that it is likely that the architect is in violation of his duty of care requirements set by the Board of Architects. It seems the architect, Scott James Bauchmann, although he’s licensed in California, refuses in Tennessee. This pretty much confirms that he likely did not personally inspect the EEEs as SB 326 requires.
If you have an SB326 inspection report from EMPIREWORKS, we suggest you have your associations counsel review it to verify if it meets SB326 requirements. Although Boards of Directors may believe their report meets the balcony inspection requirements, if it does not, you may have a case for fraud.
This is why we say qualify the balcony inspection company you are considering working with thoroughly. Ask if they are a contractor or have any relation to any contractor. Ask, no require, that if they are a contractor, to produce the credentials of their architect or structural engineer upfront, and verify that they will be onsite, personally inspecting the EEEs.
Let CLAC know that you have a invalid inspection report, send it to them, and ask them to support inserting language into SB326 that bans contractors from bidding work that they inspect.
The grifters in the balcony inspection industry need to be driven out in order to maintain the industries integrity.
Open Letter to Assembly Member Jacqui Irwin Regarding AB 2114
The Honorable Jacqui Irwin
2301 E Daily Drive Ste 200
Camarillo CA 93010-6680
Dear Ms. Irwin,
I am writing to you today to discuss AB 2114 that would amend SB 326/Civil Code 5551.
To start with, I am a balcony inspector performing inspections with an engineer for SB 326 (Condos) and SB 721 (apartments) as the waterproofing expert. I team up, as many balcony inspection companies do, with licensed engineers and architects to perform these important inspections of decks, stairs and walkways on multi-family housing.
The unfortunate part is we are often discovering damage to the EEE’s (Exterior Elevated Elements) on multi-family housing, which the association or property owner must then repair to keep the EEE’s safe for use. If the balcony bill had been in force before the tragedy at Berkeley in 2015 where 7 young adults died and 6 were permanently injured physically and mentally, I am convinced that accident never would have happened.
I sat with the mother of one young woman who died that night on the sidewalk after plunging over 40 feet to the ground in Senate balcony hearings. I heard the grief in Jackie Donohue’s voice as she spoke, and I supported SB 721 which originally would have also applied to condos.
Unfortunately CLAC, the lobbying arm of CAI here in California spoke in opposition to the bill and ended up bringing in their own basically self written bill to the Senate and said here we approve this, pass this bill for condo’s. I spoke out against it but CLAC won the day and got their bill passed.
SB 326 is far from perfect and the way it is written leaves a lot to be desired. The statistically significant sampling requirement (SSS) hurts small associations the most, for example, a 20 unit association, in order to reach the SSS requirement must inspect 19 of the decks out of 20, or 98% of the decks.
A 1000 unit association on the other hand, only has to inspect 280 decks, or 28% of the 1000. First, the numbers skew rapidly and my fellow engineers and balcony inspectors all agree that 280 decks out of 1000 leaves 720 decks uninspected and therefore vulnerable to the possibility of damage that is not found. Secondly, the costs to a small Association are extremely high and burdens them.
As a general default, our engineers and architects want to inspect 100% of the EEEs to reach the 95% confidence factor required under SB 326. The liability, never mind the guilt we would feel if an accident were to happen, is a heavy burden around our necks that we do not want. We accept that liability and we act in the best interests of the Association in order to protect them and ourselves.
The morning of June 16, 2015 I woke up to the news of the balcony collapse in Berkeley. I literally cried seeing the remnants of that deck, the blood on the street and when looking at the news photographs, I had a very good idea of what happened and why. After looking at plans and more photographs I contributed to the LA Times, SF Examiner and many other newspapers articles with my opinion, which after the final report was issued, bore out my theory on what, why and how. I vowed that day in June 2015 that I would do everything within my power to see that this didn’t happen again.
Fast forward to today and we have SB 326, a flawed bill that needs loopholes closed. The largest loophole that SB 326 has in it is there is no language that restricts balcony inspectors from bidding on repair work. SB 721 bans inspectors from bidding, and a home inspector is banned from bidding on repairs on homes he/she has inspected for a buyer.
Please read my blog posts here-
https://deckexpert.com/2024/03/08/an-article-by-optimum-seismic-calls-out-sb721-balcony-inspectors/
https://deckexpert.com/2023/05/15/cai-clac-fucked-up-the-sb326-balcony-bill-they-need-to-unfuck-it-to-protect-their-hoas/
The result of leaving this loophole open, allowing inspectors to bid (my company and many other highly ethical inspection companies do not bid for repairs) has created a grifters paradise. There are now many companies that have CSLB licenses to perform construction and deck waterproofing that have now become “inspectors”, corralling their HOA clients into an endless loop of unneeded repairs, calling out non-emergency repairs as emergency repairs and basically stealing HOA’s dues.
One HOA I am personally involved with in Palm Springs had a deck inspector tied to a waterproofing company write a report that called for decks to be replaced, when there was nothing wrong with them. This association also found out their original report was signed by a civil engineer when only a structural engineer or an architect can sign the report.
Anecdotally I have heard from numerous HOA’s that are trapped with unethical inspectors rifling their reserve funds down to zero with balcony repairs that aren’t necessary.
I would ask that your bill be modified before it goes to the floor of the Assembly for voting on to ban inspectors from bidding on any repairs, and to disclose in writing if they have any ownership interest, employment with or any possible conflict of interest that might sway their opinion on the condition of the EEE’s they inspect.
I would prefer that language in your bill actually bans any inspector from having any ownership of or interest in a waterproofing/contracting company period.
Your constituents in the Thousand Oaks area and throughout California are at great risk of these grifters taking them to the cleaners. It has happened, it is happening and will continue to happen as long as this loophole exists.
I am begging you to close the loopholes and stop the steal. I have personally lobbied CLAC to close the loopholes and the only thing they have come up with is hy lets allow civil engineers to inspect too. It is utter nonsense that CLAC ignores their bull in a china shop problem and it’s absolutely criminal that they are failing to protect the Associations they claim to represent. This email won’t make me any friends at CLAC and I don’t really care. I care about protecting HOA’s from the bad actors in the balcony inspection business and saving lives.
I will be in Sacramento for the advocacy week in early April and hope to meet you personally to discuss this further, or I am happy to travel to your office (I’m in San Luis Obispo) to discuss me and my fellow balcony inspectors’ concerns. I welcome a phone call or a return email as well.
Thank you,
Bill Leys President
William Leys Waterproofing Consultants LLC
Follow me on Twitter BlueSky Threads Insta and Tik Tok, search @deckinspector
Call or text me anytime at 805-801-2380 for fastest service.
sent from my phone please excuse typos
An Article By Optimum Seismic Calls Out SB721 Balcony Inspectors
The apartment owners association (AOA) published an article written by Jared Duke of Optimum Seismic on problems associated with balcony inspection companies that have cropped up since the balcony bills became law.
Being that this is a new industry, it makes sense that some new companies would form, however as Jared says, “there are a number of these firms which have materialized in the wake of these requirements which are oriented toward grabbing your business with little to no regard for your circumstance as a business owner in California. ”
We totally concur. If you scan down our blog page, you will see where we stand, especially on SB326.
Beware the companies that are contractors that now do inspections and carefully qualify them as outlined in Jared’s article. Before is an excerpt from his article, see Bernie for the link to the entire article.
Warning Against Inadequate Balcony Reports ( reprinted from AOA’s Website)
The SB-721 bill sets forth guidelines for balcony inspections, emphasizing the importance of thorough assessments. Building owners are strongly cautioned against relying on balcony reports that do not meet the bill’s requirements. Such reports may not only compromise the safety of occupants but also expose owners to legal consequences. Many reports which have come to our attention have shown inadequate inspection methods and do not address the potential structural issues or were performed without even the minimum requirements of visual inspection of the structural elements or the balconies, landings or walkways. It is not our intention to cast dispersions, however, there are a number of these firms which have materialized in the wake of these requirements which are oriented toward grabbing your business with little to no regard for your circumstance as a business owner in California. Using a licensed engineer will mitigate these issues and is a very valuable fix. A licensed engineer or engineering firm will provide sufficient experience and will be able to provide reliable service to satisfy the current laws.
Read the entire article by clicking here https://aoausa.com/final-year-of-sb-721-compliance-for-building-owners-beware-deceptive-practices-undermine-balcony-law-inspection-requirements-by-jared-duke/
Find qualified inspectors at our SB 326/721 Page.
Attention Customers of WICR Waterproofing and Construction, Your Financial Information May Have Been Stolen
PUBLIC SERVICE ANNOUNCEMENT, POSTED UNDER OUR FIRST AMENDMENT RIGHTS THAT WILL NOT BE RESTRICTED BY UNCONSTITUTIONAL COURT ORDERS!
I saw this in a press release today. If you are a consumer who did business with WICR Waterproofing and Construction your personal, financial and other information may have been stolen by hackers from WICR Waterproofing and Construction database. You may be able to recover money damages for the loss of your information and credit card information.
Please note, we are not part of this and we are simply repeating this press release as the public needs to know. First amendment rights. I, Bill Leys, owner of this website has been sued by WICR to shut me up. This suit has and will not shut me up as it is my right under the first amendment to publish and talk about WICR. The lawyers for WICR, Lindborg and Mazor LLP are welcome to add this part to the contempt charge against me, and I will then ask for a jury trial. So go ahead. I’m protecting the public against scumbags.
Here is the letter from WICR you may have received.
Read the original press release here https://www.newstrail.com/cole-van-note-announces-wicr-waterproofing-and-construction-inc-data-breach-investigation/
Cole & Van Note, a leading consumer rights law firm, announces today its investigation of WICR Waterproofing and Construction Inc. on behalf of its consumers/clients, arising out the company’s recent data breach. According to the company, the private information of a massive number of people may have been stolen in the hacking of its information network. It is currently unknown how many people have had their information used for criminal purposes.
In the event that you have received a notification regarding the concerning data breach or have engaged in any form of transaction with WICR Waterproofing and Construction Inc., it is imperative to recognize the gravity of the situation. Your personal information could potentially be compromised, placing it within the reach of cybercriminals. Given this scenario, it is of utmost importance that you address this matter with a sense of urgency.
The genesis of every situation often originates with a single individual displaying the courage to initiate contact. The significance of a single action cannot be underestimated. In this case, taking the step to acknowledge the breach and its potential impact is the crucial first stride towards safeguarding your information and minimizing the risks associated with unauthorized access.
The notice you have received is not merely a routine communication but a call to action. The breach’s implications underscore the need for your immediate attention. Cybercriminals are opportunistic and swift to exploit vulnerabilities; therefore, a swift response on your part is pivotal in curbing any potential misuse of your personal data.
Confronting such challenges necessitates collective vigilance and individual responsibility. By acknowledging the breach and its potential consequences, you contribute to a collective effort to mitigate risks and prevent further compromise. Every individual who takes heed and responds to the notification plays a significant role in safeguarding both personal data and the wider community from the detrimental effects of cybercrime.
Visit the DATA BREACH CENTER we host for helpful tips to prevent future breaches. Ransomware, Malware, Phishing and Denial of Service remain the most prevalent forms of this crime, but bad actors are discovering new methods and technologies every day to steal your information.
Don’t wait to get a letter regarding a data breach to check if your information is vulnerable. You probably won’t get one. But, if you have already been hacked (and almost all people have been), heavy damages and penalties are available to you. We stand ready to recover them for you, while helping you find ways of protecting your identity against further harm. Let us know if you or someone you know has received notice via mail or email of a financial or healthcare data breach, or phishing emails. We’ll take it from there.
Cole & Van Note is ready to discuss your options and can be contacted at (510) 891-9800, by email at sec@colevannote.com or through the firm’s website by clicking below:
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Cole & Van Note has successfully handled consumer and employee rights matters since 1992. The firm has recovered compensation for millions of individuals and stands ready to help you get paid for your losses. Contacting us is always free of charge, always confidential and may be your best resource for keeping your information/identity protected and for submitting a claim for financial compensation in the event your data was breached. If your information was accessed, you are probably entitled to substantial compensation. Don’t pass up that opportunity.
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A few minutes now may mean the difference between winning and losing your case! Getting paid for your involvement with this cyber-security breach is a lot easier than you may think. Our job is to demystify the legal process for you and design a plan of action to get you paid ASAP. We’ll review your claim, provide you a legal opinion and develop a step-by-step plan for the best outcome.
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HOA Insurance Company Performs Loss Control Survey, Gives Recommendation that Railings Be Brought Up to Current Codes
My company William Leys Waterproofing Consultants LLC performed SB 326 inspections for a structural engineering firm. When we are on a job, one thing we check is the railings on the decks, stairs and landings. SB 326 doesn’t require railings be current code compliant, but we alert our clients if they’re railings aren’t code compliant with today’s codes.
We feel it’s important because boards need to know that, as there is a risk involved. Railings must be 42″ high and have spacing between rails of no more than 4″ apart. Older codes required 36″ or 39″ high. The codes were changed to protect people using the deck. Spacing between rails is 4″ so that small children can’t slip between the rails and fall. The height is 42″ because people fell over shorter railings. It’s about safety.
I recently got a copy of an insurance companies Loss Control Survey of an HOA in Orange CA.
This audit made recommendations that the association redo it’s railings to comply with current code as the “loss control survey” is also “a useful tool in underwriting your policy.”
Note the undertone here. What I would read into that is that this brand if you don’t fix these railings and bring them up to code your policy is going to skyrocket or we may not even write you next year… The cover letter goes on to say “The goal of loss control is to assist you in evaluating likely causes of accidents arising from your normal business activities and provide some recommendations on how to help reduce your risk of loss. Our focus is on incidents that occur with high frequency or may have catastrophic consequences to your operations.”
But I also take away from this is that insurance carriers have a higher risk of exposure when railings do not meet current codes. Bringing railings up to meet current codes may be a costly endeavor, depending on the old design and whether or not it can be brought up to code or if you need new railings.
Associations need to get ready for needing to redo their railings if they aren’t code compliant to today’s standards.
DeckExpert.com – The Authority on Pedestrian Traffic Coatings 