STATE OF CALIFORNIA

AUTHENTICATED
ELECTRONIC LEGAL MATERIAL

Senate Bill No. 721

CHAPTER 445

An act to amend Section 1954 of the Civil Code, and to add Article 2.2
(commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13
of the Health and Safety Code, relating to building standards.

[Approved by Governor September 17, 2018. Filed with

Secretary of State September 17, 2018.]

legislative counsel’s digest

SB 721, Hill. Building standards: decks and balconies: inspection.
Existing law provides authority for an enforcement agency to enter and
inspect any buildings or premises whenever necessary to secure compliance
with or prevent a violation of the building standards published in the
California Building Standards Code and other rules and regulations that the
enforcement agency has the power to enforce.
This bill would require an inspection of exterior elevated elements and
associated waterproofing elements, as defined, including decks and balconies,
for buildings with 3 or more multifamily dwelling units by a licensed
architect, licensed civil or structural engineer, a building contractor holding
specified licenses, or an individual certified as a building inspector or
building official, as specified. The bill would require the inspections,
including any necessary testing, to be completed by January 1, 2025, with
certain exceptions, and would require subsequent inspections every 6 years,
except as specified. The bill would require the inspection report to contain
specified items and would require that a copy of the inspection report be
presented to the owner of the building within 45 days of the completion of
the inspection and would require copies of the reports to be maintained in
the building owner’s records for 2 inspection cycles, as specified. The bill
would require that if the inspection reveals conditions that pose an immediate
hazard to the safety of the occupants, the inspection report be delivered to
the owner of the building within 15 days and emergency repairs be
undertaken, as specified, with notice given to the local enforcement agency.
The nonemergency repairs made under these provisions would be required
to be completed within 120 days, unless an extension is granted by the local
authorities. The bill would authorize local enforcement agencies to recover
enforcement costs associated with these requirements. The bill would require
the local enforcement agency to send a 30-day corrective notice to the owner
of the building if repairs are not completed on time and would provide for
specified civil penalties and liens against the property for the owner of the
building who fails to comply with these provisions. The bill would exclude
a common interest development, as defined, from these provisions. The bill
would require any building subject to these provisions that is proposed for

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conversion to condominiums to be sold to the public after January 1, 2019,

to have the required inspection conducted prior to the first close of escrow
of a separate interest in the project, and would require the inspection report
and written confirmation by the inspector that any recommended repairs or
replacements have been completed to be submitted to, among others, the
Department of Real Estate and included in certain required statements and
reports, as specified. The bill would authorize a local governing entity to
enact stricter requirements than those imposed by these provisions.
Existing law authorizes a landlord to enter the dwelling only in certain
situations, including to make necessary repairs.
This bill would additionally authorize a landlord to enter the dwelling
unit to comply with the above-described requirements.
Because this bill would impose new duties upon local enforcement
authorities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 1954 of the Civil Code is amended to read:

1954. (a)  A landlord may enter the dwelling unit only in the following
cases:
(1)  In case of emergency.
(2)  To make necessary or agreed repairs, decorations, alterations or
improvements, supply necessary or agreed services, or exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants, workers, or
contractors or to make an inspection pursuant to subdivision (f) of Section
1950.5.
(3)  When the tenant has abandoned or surrendered the premises.
(4)  Pursuant to court order.
(5)  For the purposes set forth in Chapter 2.5 (commencing with Section
1954.201).
(6)  To comply with the provisions of Article 2.2 (commencing with
Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and
Safety Code.
(b)  Except in cases of emergency or when the tenant has abandoned or
surrendered the premises, entry may not be made during other than normal
business hours unless the tenant consents to an entry during other than
normal business hours at the time of entry.
(c)  The landlord may not abuse the right of access or use it to harass the
tenant.
(d)  (1)  Except as provided in subdivision (e), or as provided in paragraph
(2) or (3), the landlord shall give the tenant reasonable notice in writing of

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his or her intent to enter and enter only during normal business hours. The
notice shall include the date, approximate time, and purpose of the entry.
The notice may be personally delivered to the tenant, left with someone of
a suitable age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable person
would discover the notice. Twenty-four hours shall be presumed to be
reasonable notice in absence of evidence to the contrary. The notice may
be mailed to the tenant. Mailing of the notice at least six days prior to an
intended entry is presumed reasonable notice in the absence of evidence to
the contrary.
(2)  If the purpose of the entry is to exhibit the dwelling unit to prospective
or actual purchasers, the notice may be given orally, in person or by
telephone, if the landlord or his or her agent has notified the tenant in writing
within 120 days of the oral notice that the property is for sale and that the
landlord or agent may contact the tenant orally for the purpose described
above. Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date, approximate
time, and purpose of the entry. At the time of entry, the landlord or agent
shall leave written evidence of the entry inside the unit.
(3)  The tenant and the landlord may agree orally to an entry to make
agreed repairs or supply agreed services. The agreement shall include the
date and approximate time of the entry, which shall be within one week of
the agreement. In this case, the landlord is not required to provide the tenant
a written notice.
(e)  No notice of entry is required under this section:
(1)  To respond to an emergency.
(2)  If the tenant is present and consents to the entry at the time of entry.
(3)  After the tenant has abandoned or surrendered the unit.
SEC. 2. Article 2.2 (commencing with Section 17973) is added to
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, to read:

Article 2.2. Exterior Elevated Elements: Inspections.

17973. (a)  Exterior elevated elements that include load-bearing

components in all buildings containing three or more multifamily dwelling
units shall be inspected. The inspection shall be performed by a licensed
architect; licensed civil or structural engineer; a building contractor holding
any or all of the “A,” “B,” or “C-5” license classifications issued by the
Contractors’ State License Board, with a minimum of five years’ experience,
as a holder of the aforementioned classifications or licenses, in constructing
multistory wood frame buildings; or an individual certified as a building
inspector or building official from a recognized state, national, or
international association, as determined by the local jurisdiction. These
individuals shall not be employed by the local jurisdiction while performing
these inspections. The purpose of the inspection is to determine that exterior
elevated elements and their associated waterproofing elements are in a

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generally safe condition, adequate working order, and free from any
hazardous condition caused by fungus, deterioration, decay, or improper
alteration to the extent that the life, limb, health, property, safety, or welfare
of the public or the occupants is not endangered. The person or business
performing the inspection shall be hired by the owner of the building.
(b)  For purposes of this section, the following terms have the following
definitions:
(1)  “Associated waterproofing elements” include flashings, membranes,
coatings, and sealants that protect the load-bearing components of exterior
elevated elements from exposure to water and the elements.
(2)  “Exterior elevated element” means the following types of structures,
including their supports and railings: balconies, decks, porches, stairways,
walkways, and entry structures that extend beyond exterior walls of the
building and which have a walking surface that is elevated more than six
feet above ground level, are designed for human occupancy or use, and rely
in whole or in substantial part on wood or wood-based products for structural
support or stability of the exterior elevated element.
(3)  “Load-bearing components” are those components that extend beyond
the exterior walls of the building to deliver structural loads from the exterior
elevated element to the building.
(c)  The inspection required by this section shall at a minimum include:
(1)  Identification of each type of exterior elevated element that, if found
to be defective, decayed, or deteriorated to the extent that it does not meet
its load requirements, would, in the opinion of the inspector, constitute a
threat to the health or safety of the occupants.
(2)  Assessment of the load-bearing components and associated
waterproofing elements of the exterior elevated elements identified in
paragraph (1) using methods allowing for evaluation of their performance
by direct visual examination or comparable means of evaluating their
performance. For purposes of this section, a sample of at least 15 percent
of each type of exterior elevated element shall be inspected.
(3)  The evaluation and assessment shall address each of the following
as of the date of the evaluation:
(A)  The current condition of the exterior elevated elements.
(B)  Expectations of future performance and projected service life.
(C)  Recommendations of any further inspection necessary.
(4)  A written report of the evaluation stamped or signed by the inspector
presented to the owner of the building or the owner’s designated agent
within 45 days of completion of the inspection. The report shall include
photographs, any test results, and narrative sufficient to establish a baseline
of the condition of the components inspected that can be compared to the
results of subsequent inspections. In addition to the evaluation required by
this section, the report shall advise which, if any, exterior elevated element
poses an immediate threat to the safety of the occupants, and whether
preventing occupant access or conducting emergency repairs, including
shoring, are necessary.

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(d)  The inspection shall be completed by January 1, 2025, and by January

1 every six years thereafter. The inspector conducting the inspection shall
produce an initial report pursuant to paragraph (4) of subdivision (c) and,
if requested by the owner, a final report indicating that any required repairs
have been completed. A copy of any report that recommends immediate
repairs, advises that any building assembly poses an immediate threat to
the safety of the occupants, or that preventing occupant access or emergency
repairs, including shoring, are necessary, shall be provided by the inspector
to the owner of the building and to the local enforcement agency within 15
days of completion of the report. Subsequent inspection reports shall
incorporate copies of prior inspection reports, including the locations of the
exterior elevated elements inspected. Local enforcement agencies may
determine whether any additional information is to be provided in the report
and may require a copy of the initial or final reports, or both, be submitted
to the local jurisdiction. Copies of all inspection reports shall be maintained
in the building owner’s permanent records for not less than two inspection
cycles, and shall be disclosed and delivered to the buyer at the time of any
subsequent sale of the building.
(e)  The inspection of buildings for which a building permit application
has been submitted on or after January 1, 2019, shall occur no later than six
years following issuance of a certificate of occupancy from the local
jurisdiction and shall otherwise comply with the provisions of this section.
(f)  If the property was inspected within three years prior to January 1,
2019, by an inspector as described in subdivision (a) and a report of that
inspector was issued stating that the exterior elevated elements and associated
waterproofing elements are in proper working condition and do not pose a
threat to the health and safety of the public, no new inspection pursuant to
this section shall be required until January 1, 2025.
(g)  An exterior elevated element found by the inspector that is in need
of repair or replacement shall be corrected by the owner of the building. No
recommended repair shall be performed by a licensed contractor serving as
the inspector. All necessary permits for repair or replacement shall be
obtained from the local jurisdiction. All repair and replacement work shall
be performed by a qualified and licensed contractor in compliance with all
of the following:
(1)  The recommendations of a licensed professional described in
subdivision (a).
(2)  Any applicable manufacturer’s specifications.
(3)  The California Building Standards Code, consistent with subdivision
(d) of Section 17922 of the Health and Safety Code.
(4)  All local jurisdictional requirements.
(h)  (1)  An exterior elevated element that the inspector advises poses an
immediate threat to the safety of the occupants, or finds preventing occupant
access or emergency repairs, including shoring, or both, are necessary, shall
be considered an emergency condition and the owner of the building shall
perform required preventive measures immediately. Immediately preventing
occupant access to the exterior elevated element until emergency repairs

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can be completed constitutes compliance with this paragraph. Repairs of

emergency conditions shall comply with the requirements of subdivision
(g), be inspected by the inspector, and reported to the local enforcement
agency.
(2)  The owner of the building requiring corrective work to an exterior
elevated element that, in the opinion of the inspector, does not pose an
immediate threat to the safety of the occupants, shall apply for a permit
within 120 days of receipt of the inspection report. Once the permit is
approved, the owner of the building shall have 120 days to make the repairs
unless an extension of time is granted by the local enforcement agency.
(i)  (1)  The owner of the building shall be responsible for complying
with the requirements of this section.
(2)  If the owner of the building does not comply with the repair
requirements within 180 days, the inspector shall notify the local enforcement
agency and the owner of the building. If within 30 days of the date of the
notice the repairs are not completed, the owner of the building shall be
assessed a civil penalty based on the fee schedule set by the local authority
of not less than one hundred dollars ($100) nor more than five hundred
dollars ($500) per day until the repairs are completed, unless an extension
of time is granted by the local enforcement agency.
(3)  In the event that a civil penalty is assessed pursuant to this section,
a building safety lien may be recorded in the county recorder’s office by
the local jurisdiction in the county in which the parcel of land is located and
from the date of recording shall have the force, effect, and priority of a
judgment lien.
(j)  (1)  A building safety lien authorized by this section shall specify the
amount of the lien, the name of the agency on whose behalf the lien is
imposed, the street address, the legal description and assessor’s parcel
number of the parcel on which the lien is imposed, and the name and address
of the recorded owner of the building.
(2)  In the event that the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing the
information specified in paragraph (1) shall be recorded by the governmental
agency. A safety lien and the release of the lien shall be indexed in the
grantor-grantee index.
(3)  A building safety lien may be foreclosed by an action brought by the
appropriate local jurisdiction for a money judgment.
(4)  Notwithstanding any other law, the county recorder may impose a
fee on the city to reimburse the costs of processing and recording the lien
and providing notice to the owner of the building. A city may recover from
the owner of the building any costs incurred regarding the processing and
recording of the lien and providing notice to the owner of the building as
part of its foreclosure action to enforce the lien.
(k)  The continued and ongoing maintenance of exterior elevated elements
in a safe and functional condition in compliance with these provisions shall
be the responsibility of the owner of the building.

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(l)  Local enforcement agencies shall have the ability to recover

enforcement costs associated with the requirements of this section.
(m)  For any building subject to the provisions of this section that is
proposed for conversion to condominiums to be sold to the public after
January 1, 2019, the inspection required by this section shall be conducted
prior to the first close of escrow of a separate interest in the project and shall
include the inspector’s recommendations for repair or replacement of any
exterior elevated element found to be defective, decayed, or deteriorated to
the extent that it does not meet its load requirements, and would, in the
opinion of the inspector, constitute a threat to the health or safety of the
occupants. The inspection report and written confirmation by the inspector
that any repairs or replacements recommended by the inspector have been
completed shall be submitted to the Department of Real Estate by the
proponent of the conversion and shall be a condition to the issuance of the
final public report. A complete copy of the inspection report and written
confirmation by the inspector that any repairs or replacements recommended
by the inspector have been completed shall be included with the written
statement of defects required by Section 1134 of the Civil Code, and
provided to the local jurisdiction in which the project is located. The
inspection, report, and confirmation of completed repairs shall be a condition
of the issuance of a final inspection or certificate of occupancy by the local
jurisdiction.
(n)  This section shall not apply to a common interest development, as
defined in Section 4100 of the Civil Code.
(o)  The governing body of any city, county, or city and county, may
enact ordinances or laws imposing requirements greater than those imposed
by this section.
SEC. 3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.

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