In a search today for something entirely unrelated to decks, I stumbled upon the news that a Homeowners Association in Diamond Bar CA had been red-tagged and the residents ordered to leave their homes because of deferred maintenance leading to structural concerns. The order to leave has been rescinded after the first engineers report declared the property and immediate hazard and recommended evacuating units was found to be lets say “over cautious”. There are 155 condos at the property on the first and second floors. The second floor units have balconies while first floor units have a patio.
Several structural engineers reports on the conditions found at The Village at Diamond Bar came to the conclusion that “while there are substantial deferred maintenance issues that should be addressed throughout the complex property, the condition does not create a widespread and immediate danger to the life or safety of all occupants of the individual units as previously recommended via a report by Khatri International, a structural engineer hired by the Diamond Bar Village Homeowner’s Association.“
I stumbled on this article by Rachel Miller Esq and Sarah Brown with Reserve Specialist Dennis Eckert RS PRA on CAI’s website. Here Ms. Miller and Ms. Brown discuss the balcony bill in detail and raise a very good point-that Condo’s less than 10 years old may have additional rights under SB-800. Hidden damage exposed during destructive testing may qualify as a latent defect under SB 800 and therefore repairs might be paid for by the builder.
Imagine driving into a Ford dealership; you are looking to buy a new car…
After taking your new Ford home and driving it for a couple months you have a problem with it. No problem you think, I’ll go to the dealership and they’ll fix it under the factory warranty right? Away you go and the dealership looks at you and says, we’re sorry, your warranty was for only 30 days and 30 days has passed…we can fix it for $X,XXX.xx.
You stand there in disbelief, saying wait this is a Ford dealership, I bought the car from you and have a factory warranty. The service manager says no you don’t, we warranty the car but only for 30 days after you buy it. So you call Ford and say hey I bought a car from X dealership and they say there’s no factory warranty available, what’s up with that?
The North American Deck & Railing Association (NADRA) has declared May as “Deck Safety Month”, although IMHO, every month should be Deck Safety Month.
Rarely does a day go by without my Google alerts, “deck collapse” & “deck fire” sending me an email about another balcony collapsing somewhere or someone’s grill or fire pit on their deck was the cause of a major house fire.
Two weeks ago the headlines were about the Malibu balcony collapse, where 16 people fell to the rocks 15 feet below while at a house party on the coast. Fortunately no one died. This time. Six years ago, six students died and seven were seriously and permanently injured…broken backs, crushed lungs, featured bones, when the balcony they were standing on to take a picture for a birthday celebration suddenly collapsed.
A balcony overlooking the Pacific collapsed in Malibu California over the weekend. Nine people were injured and four people went to the hospital.
Balcony Inspections on condos and apartments with 3 or more units are now required to have their decks balconies and stairs be inspected after a deck in Berkeley collapsed 5 years ago, killing 6 and seriously and permanently injuring 7 other people.
“Leys makes a good argument that even the other groups identified in the draft bill—general contractors, architects, and engineers—aren’t qualified to perform these inspections, despite their skills and training.”
Andrew Wormer Editor Professional Deck Builder Magazine
If California’s Senate Bill 721 is adopted without modification by that state’s legislature, periodic inspections of enclosed balconies and similar structures on multi-family buildings that are higher than 6 feet above the ground would be required statewide. This is a common-sense measure, especially in light of the Berkeley balcony collapse in 2015 that killed six students. But as Bill Leys points out in an interesting post on PDB’s LinkedIn group, one of the groups that would be authorized under the law to perform these inspections, make repair-or-replace recommendations, and certify that repairs have been properly completed are structural pest control licensees.