I would like to provide a different look at SB 721 Contractors-Inspections of Decks & Balconies that the Community Legislative Action Committee (CLAC), the lobbying arm of Community Associations Institute, is now mustering its members to oppose and why this bill may actually benefit multi-family housing, including CID’s.
You may, or may not know that this bill has come about because of the parents of the six dead and seven seriously injured Irish students who were on a balcony in an apartment building when it collapsed. At the time of this opinion, the builder has settled claims with the families and while the settlement is confidential, experts estimate the payouts by insurance carriers was around twenty million dollars. Now imagine if a deck at your Association fell and what the costs of settling that might be vs the costs of an inspection of your decks.
DeckExpert.com supports the inspection bill for decks. The Berkeley tragedy, the lives lost and the survivors who are left with serious life long injuries, has brought us all to realize the need to implement an inspection & repair program on a statewide level. This “accident” was no accident.
The collapse at Berkeley was on a path to occur somewhere-the building industry in California and beyond will argue against my points, but this tragedy was years in the making. There are many reasons for this-from architecture schools that don’t teach it’s students the basics of waterproofing. For example, right here at Cal Poly SLO, many courses, not one on waterproofing. I’ve offered to give a lecture at Cal Poly; my offers have been meet with silence.
Following the collapse of the balcony in Berkeley, that killed 6 and seriously injured 7 others, the California Building Safety Commission adopted me regulations on building and waterproofing Elevated Exterior Elements EEE for short.
The adoption of these emergency regulations will increase balcony safety standards by increasing load design, using decay resistant wood and Inspections of waterproofing before covering with other materials, such as a concrete overburden.
Testimony from the Irish families and victims has helped cause these changes. Jackie Donohue, mother of one child killed in the collapse has been leading the charge in bringing changes to balcony construction along with requiring inspections.
After Berkeley adopted ordinates requiring inspections, over 800 balconies in that city alone have been found to be deficient.
Multiple Classifications of Contractors Can Waterproof Decks, But Few Have to Pass a Written Proficiency Test
D-12 Synthetic Products Classification Doesn’t Require a Proficiency Test
Manufacturer’s Accept D-12 License’s to Become Authorized Applicators
If you want to be a general contractor, plumber, electrician, earth mover, well driller, roofer.. CSLB requires you to have 3 years certifiable experience in that trade, plus take a legal exam on CSLB and state contracting laws AND pass a 3 hour test on your proficiency in that trade. You have to prove you know what your doing before they give you a license to do it. There’s a risk to consumers from people who don’t know what their doing. CSLB goes out of their way to run sting operations on unlicensed contractors, running press releases and posting hidden videos of their stings.
However, if you want to be a contractor that installs waterproofing for foundation walls and decks, decks like say the balcony in Berkeley, you don’t need a license that has a test that proves you have some knowledge; you can obtain a D-12 Synthetic Products license like this author has. A D-12 Synthetic products contractor does not have to pass a written test of proficiency in the subject of waterproofing! You just need to apply for it if your licensed in another trade and add it to your classifications and start waterproofing decks and foundations as most of the deck manufacturer’s accept the D-12 classification to sell and install their products.
How do I know this? Because I have/had a D12 license classification with which I used it to waterproof decks and balconies. But I’m not the only one, there are many contractors out there waterproofing decks using a D12, as well as using a C8 (concrete) or a C33 painting license improperly apparently, and CSLB seems to have a lassez faire attitude about this issue.
Will CSLB change the licensing requirements for becoming a deck waterproofing contractor?
The balcony that collapsed in June of 2015 in Berkeley, killing 6 and severely injuring 7 other Irish students has been found, after analysis by forensic scientists, to have been constructed improperly. As a result, the Contractors State License Board has filed through the Attorney General’s Office an accusation against Segue Construction, the general contractor.
The allegations are serious, not following plans without an architects approval will land you in hot water with CSLB. It has also resulted in 6 dead people and 7 injured. The weight of that alone would crush me, yet these people running Segue are conscienceless snakes that sought to blame the victims. How do they look in a mirror?
The accusation lists out specifically the contractors failures, from not using pressure treated materials, to using OSB board where their project manual said it was specifically not acceptable, to failing to cover and protect the deck until it could be waterproofed to failing to waterproof it properly.
Read the accusation by clicking here. Alternately you can read the specific allegations below. The accusation is a public document and the CSLB has posted it as a public service to help warn consumers, as they feel that Segue is a threat to the public. Segue is afforded due process and can defend against the accusation, including even if/when their license is suspended or revoked. Another case I’m familiar with has dragged on since October of 2013 and still proceeds today so justice may take a while here too.
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