A high wind event that hit Grover Beach in San Luis Obispo county on Wednesday shows us why inspections of decks are so important.
Improper connections of wood panels with glazing in them to the framing & Extensive Dry-rot at posts.
.
The apartment building on Grand Ave has a walkway on the second floor, and at some point someone added large panes of acrylic sheets or glass in wood frames to help block the near constant wind that comes through.
The high winds exposed the significant dry-rot that was present in the framing and posts, along with exposing the weak connections. Unfortunately due to the structural damage several residents are not able to access their homes and are living in a motel temporarily.
Because of the damage residents could not return to their homes.
Landlords and HOAs can avoid the liability and potential injuries to residents and guests by having their EEEs inspected by the experts at William Leys Waterproofing Consultants LLC.
We can do your SB721 and SB326 balcony inspections for you and get you into compliance. Do not expose yourself to unnecessary liability by failing to get inspected.
Reach out today for a free EEE evaluation and proposal.
As a balcony inspector performing #SB326 inspections on condos in California, I often hear the complaints about costs of these inspections. Stage 1 visual inspections are costly, and if the Structural Engineer determines that further Stage 2 destructive testing is necessary, it can get very expensive very quickly.
However, Stage 2 inspections are very important. When I’m doing my inspection of the waterproofing elements, I often find signs of water intrusion into the framing. My engineer and I confer and I explain what I’m seeing, what I think is the cause and we generally agree that a Stage 2 inspection ( destructive testing inspection) is necessary.
Recently we performed Stage 1 inspections in a condo building near Cal Poly in San Luis Obispo. We determined that there was evidence of water intrusion into the framing and called for a Stage 2 inspection. Working with a team from Whitestone Construction, we had Whitestone remove stucco and masonite siding on 5 decks that are on the 3rd floor of the building. These decks are covered with 1″+ of concrete on them, and after the crew from Whitestone removed stucco and masonite siding, we discovered significant structural damage that was so alarming we immediately closed the decks to use.
The concrete decking and stucco siding hid serious damage that presented immediate life safety concerns to us. This meant the decks were unsafe to be occupied until repairs are made.
While looking at the damage, the Berkeley balcony tragedy came to mind. Here, as in Berkeley, students used the decks to hang out on, perhaps leaning on the railings to talk to friends below. A person in these balconies could have fallen from a railing giving way because the framing it was secured to was so rotted out wouldn’t hold.
The horrors of Berkeley can never happen again. Thirteen students in Berkeley fell 40′ to a concrete sidewalk. Seven died and six are left with serious life long debilitating injuries and the mental pain of that terrible evening.
Berkeley is why we inspect, and Berkeley is why I have become a warrior in the battle against bad contractors doing bad work that gets people killed. SB 326 needs some fine tuning, but overall it is saving lives. My peers in the industry and I stand up for keeping buildings and decks safe.
Independent inspectors, free from conflicts of interest, are your Associations best defense against another Berkeley tragedy from happening again. Yes inspections aren’t cheap, but a lifetime of being haunted by nightmares of people dying in a fall from a balcony and the costs of a lawsuit for negligence will quickly outrun the costs of doing inspections.
Reach out today to get started on your balcony inspections and get your association compliant now. Don’t delay thinking the deadline will be extended ( it might be) and even if it is, dry-rot is working on weakening your decks, putting people’s lives at risk.
Don’t delay your balcony inspection! The life you save could be your own.
We’re pleased to have been selected by an HOA in Santa Barbara County to perform their SB 326 balcony inspections.
The 32 unit association has walkways, stairs and exclusive use decks that need to be inspected, and after a competitive bidding process, selected us as the best qualified firm to perform the inspection.
William Leys Waterproofing Consultants LLC guarantees that we have no conflicts of interest in owning any waterproofing or construction firm and that an award winning structural engineer inspects the EEEs and as waterproofing experts, our inspection of flashings, waterproofing and related items gives Associations confidence knowing that they have retained a well qualified firm.
We invite you to experience the expertise that we offer as deck inspectors. Call us or email us using the contact us box today to get started.
A 9 year old child is lucky to be alive and only suffered some relatively minor injuries when the railing on a deck he was playing on gave way and he fell from the second story deck to the ground.
Our screen grabs from a TV news channel shows just how bad a shape the railing that still remains on the deck is in.
Stiles on the right side of the deck are obviously in poor condition. The whole front part of the railing is gone, indicating widespread dry-rot and likely improper fastening of the railing to the posts.The remains of the railing lay below the upper deck.
I’ve seen similar railings like this in the past where a carpenter uses a nail in the top of the railing and one on the bottom to attach the stile. This method is not a very good method to achieve a 200 pound resistance to someone leaning against it, and especially for small children who are probably leaning on the stile’s themselves. These cheap wood stiles will often rot out in a few years from being exposed to water.
On one inspection I did at a property for sale, I kicked the wood stiles with a bit of minor force and the stiles failed. The seller was furious that I “damaged” his property, but I pointed out that if his grandchild leaned on that railing he likely would have fallen 15 feet to a concrete sidewalk below. My answer was I probably saved someone’s life, so fix it properly.
A better method of protecting occupants is to use pre built railings that are made of metal welded together in the factory.
Falls through railings are unfortunately a common occurrence, and many result in death or severe injuries. Years ago a Board member of a condo I managed fell through a dry-rotted railing while on vacation, after a few days he passed away from grievous injuries.
This is another example of why we inspect folks.
When it comes to life safety, don’t fool around folks, the reason we inspect is to prevent accidents.
If you are buying a property with decks and railings, have it inspected by an expert like ourselves before closing.
If you are an HOA get your decks inspected by the experts at William Leys Waterproofing Consultants LLC. We guarantee that we have no conflicts of interest and that we only work for the associations best interests.
Earlier this summer a deck collapsed in Montana at a golf course. Numerous people fell to the ground and were injured.
From KTVQ “Through a public records request filed with the City of Billings, MTN News obtained a copy of a permit application filed by The Briarwood in June 2021 to remodel and replace its existing deck, but the project was not completed.
The permit application includes an inspection report from a Billings engineering firm that labeled six of the deck beams as deteriorating and in need of replacement, another six beams as deteriorating, and only two of the existing beams as acceptable.”
Screen shot from KTVQ
So here is a Board of Directors with a report that says their deck is structurally compromised and they apparently failed to fix the deck, opting to replace some deck boards and paint over the damaged beams. With up to 50 injured people, there is a huge liability exposure to the association. In the series of photos following I highlighted the claims… Read them carefully and understand that if your Association fails to inspect, maintain and repair its decks, they risk a lawsuit that is tough to defend against.
As a Board member, you have an obligation to protect the Associations assets and ensure that your decks are safe to use. We here at William Leys Waterproofing Consultants LLC take your balcony inspections very seriously and we are experts on decks and their potential problems. That’s why we offer SB 326 inspections to HOAs, to ensure your EEEs are safe. We guarantee that a structural engineer inspects the decks and signs and stamps your reports.
While inspections can be expensive, lawsuits are more “expensiver”… Don’t be penny wise and pound foolish.
Contact us today to avoid potential liability. We carry full General Liability, Workers Compensation and Errors and Omissions insurance for your protection. We name your association as an additional insured.
We were recently asked by a client a really good question about wording in the balcony bill, SB 326 regarding our interpretation of the section where it states “This section shall only apply to buildings containing three or more multifamily units ” The client’s buildings have only 2 units per building.
We aren’t attorneys, but we did stay at a Holiday Inn Express last night… Sorry that’s a joke… We aren’t able to give legal advice even though we think we know the answer…
Being that we aren’t attorneys we turned to one of the preeminent authorities in the business, Mr Adrian Adams of Adams Stirling PC who runs Davis-Stirling.com and asked Adrian.
Invasive inspections can help save lives.
SMALL BUILDING BALCONY INSPECTIONS
QUESTION:
SB 326 states that “This section shall only apply to buildings containing three or more multifamily dwelling units.” Our association has twenty buildings, with only two condos per building. Does that mean we don’t need to inspect our balconies? -Bill
ANSWER: Even though you have 40 balconies (20 buildings times 2), a strict reading of the statute exempts your association from the requirements of invasive inspections. (Civ. Code § 5551(l).) Even though you are exempted, you still need to make visual inspections every three years for your reserve study requirements.
The problem with external visual inspections is that they are external. They can’t detect dry rot and termite damage to a balcony’s structural elements. If any of your balconies collapse causing injuries or deaths, it is almost guaranteed your association will be sued.
Plaintiffs will seek a jury trial and allege the board was negligent in their maintenance obligations and their failure to properly inspect balconies when every other association in the state was performing invasive inspections. A jury would likely agree with plaintiff’s counsel and award substantial damages to the victims. The litigation will negatively impact property values, the buying and selling of units, and insurance premiums. Moreover, the failure of one balcony means all balconies will need to be inspected either during or after the litigation.
RECOMMENDATION: It is less expensive to conduct a § 5551 inspection of your elevated structures than to defend against a wrongful death action. If the inspection finds problems, you can address them and avoid potential harm to residents. If the inspection determines your balconies are in good shape, it provides a layer of protection for the association (and directors) in the event one were to collapse. In addition to inspections, you should institute a regular plan of preventive maintenance and balcony repairs.
The above information is copyrighted. Reprinted from Davis-Stirling.com by Adams|Stirling PLC
We completely concur with Adrian… My answer back to the client was in the form of a question… Are you willing to find out in a court of law if a jury thinks those balconies are exempt? I think your insurance company is just going to ask how many zeros do there need to be on the check that they write for a wrongful death suit?
It’s not worth the risk to try to avoid an inspection when the stakes are so high. Get in touch with us today about your balcony inspection needs and let us help guide you through the process. We guarantee in writing that a structural engineer performs the inspection in person and that we have no conflicts of interest. Our only interest is you, our client.
We are pleased to announce that we have been selected to perform the SB326 balcony inspection for a large community in Camarillo. With 48 decks and 90+ stairs and landings, the Board of Directors vetted three firm’s qualifications before choosing us as the best qualified inspection firm for the job.
Cantilevered decks like this need to be inspected under SB326 Although the stairs are concrete, these stairs are supported by wood and therefore must be inspected.
“We are pleased to be selected as the best qualified inspection company in Ventura County.” Our reputation as an ethical firm, with guarantees that our structural engineer is performing the inspection of the structural elements and not just robosigning a report assures our clients that they are getting the best value for their money.” said Bill Leys, president of William Leys Waterproofing Consultants LLC.
We invite your Association to put the expertise of William Leys Waterproofing Consultants LLC team of waterproofing experts and structural engineers to work on your balcony inspection project. Contact us today using the contact form on the right or call Bill Leys directly at 805-801-2380.
Today marks the 8th year since the balcony at Library Gardens literally fell off the building with 13 young adults standing on it to take a birthday photograph Seven people died as a result of a near 40 foot fall to the concrete sidewalk below. Ashley Donohoe, Olivia Burke, Eoghan Culligan, Nick Schuster, Lorcan Miller died at the scene and Aoife Beary passed away on January 2, 2022. The survivors were left with lifetime suffering and pain from grievous injuries.
I contributed to several newspaper articles with my opinion, I reviewed plans, photographs and other information sent to me by journalists for the LA Times and Mercury News Group. There is no doubt in my mind that the defect that caused the deaths and injuries to these kids was set into motion the day a carpenter took a saw to the laminated veneer lumber beams and cut them to provide slope on the deck without then sealing up the open exposed wood/glue to prevent water from getting into the material. With the addition of OSB/oriented strand board, and all of that crap wood being soaked for months during a rainy winter set into motion the demise of that balcony.
The builder didn’t protect the deck from moisture the carpenter didn’t protect it from moisture nobody protected it from moisture and as a result of carelessness neglect whatever they want to call it the blood on that sidewalk may be washed away but it’s still there… That sidewalk is holy ground. I make a sign of the cross when I’m on that sidewalk.
There is no doubt in my mind that a balcony inspection should have found problems and that deck would have been. People had reported that the deck had unusual slope… Which seems to indicate that the deep beams were slowly failing. It is also reported that they were mushrooms on the ceiling below that was simply scraped away, which should have been a huge warning sign of moisture intrusion. It certainly would have set alarm bells off in my head.
The Berkeley deck collapse is on my mind every time I perform a balcony inspection. I think what if that was my daughter or son lying on that sidewalk? I think about the parents and families who lost their child and I renew my vow each time in insisting that I do the best inspection possible, that when our engineer signs your report that your balconies are safe, that I won’t wake up one morning to the news of a deck collapse on a property we’ve inspected. This is that important to me.
Contact us today via text or calling 805-801-2380, email us using the contact box to the left …
By now many people have read the story of a deck collapse in a vacation rental in Georgia…9 people were injured, including several senior citizens. Fortunately no one died.
The pictures of the “accident” show a typical deck collapse scene, the rotted wood at the house to deck connection, the furniture and deck spilled all over the ground, rescue crews giving first aid and transporting victims to the hospital.
A typical deck collapse with multiple victims caused likely by a poor connection to the house with rotted wood failing and sending the deck crashing to the ground.
As a professional performing deck inspections I can say that I see this typical scene over and over, particularly on single family homes and it seems, very often that they are on rental properties. After viewing this picture above I tweeted out to Airbnb and VRBO that they could help lead the drive to deck safety by requiring owners to have professional inspections signed off before they can rent the property and let people use the deck. Very often on rental properties there are a number of people visiting having a party on the deck and then they go over to the edge of the railing where the view is to have a picture taken of the group and that’s when the decks framing becomes overloaded and the deck crashes to the ground.
Influential and powerful companies like VRBO and Airbnb have the ability to drive owners to have inspections performed on the deck. Insurance companies can also start requiring inspections of decks before they insure a property.
As a professional inspector whenever I am at a party or someone’s house with a deck on it I will walk underneath the deck and take a look at the connections between the house and the deck, the framing the posts etc., to make sure that I am not going to be the victim if the deck comes down. That may make me sound like a Debbie Downer but I’ve seen the results of too many deck collapses hospitalizations, death, long-term injury. The Berkeley deck collapse should have been a wake-up call Nationwide but we just ended up going back to the usual and typical shrugging and saying not much we can do…
Well there are things we can do, we can require inspections on vacation rentals where it’s likely that large groups of people will gather in the deck. We can stop or severely reduce deck collapses by requiring owners to have their decks inspected yearly. A typical deck inspection might run $250 to $350…
To paraphrase Rage Against the Machine, “It has to start somewhere, it has to start sometime What better place than here, what better time than now?” It’s time to start fixing this preventable problem.
SB 326 Deck Inspectors; Specializing in Deck Inspections & Building Envelope Consultants Since 2007 