Malibu Municipal Code Ch. 15.30 Exterior Elevated Elements: Inspections

"Associated waterproofing systems"

include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.

"Exterior elevated elements"

mean the load-bearing components together with their associated waterproofing system.

"Load-bearing components"

means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.

"Multifamily dwelling units"

mean buildings containing R-1 and R-2 Occupancies, as defined by the California Building Code. They are residential buildings containing three or more dwelling or sleeping units: apartment houses, tenants in common and live/work units, dormitories, fraternities, sororities, convents and monasteries, hotels, motels and vacation timeshare properties, boarding houses and congregate residences (transient with more than 10 occupants and nontransient with more than 16 occupants), Residential Assisted Living Facilities and Social Rehabilitation Residential Facilities.

"Visual inspection"

means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.

(Ord. 515, 2/26/2024)

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 California-licensed architect; California-licensed civil or structural engineer. These individuals shall not be employed by the city while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing systems are in a 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 property owner or condominium association.

(Ord. 515, 2/26/2024)

A. Multifamily property owners shall complete inspections by January 1, 2025, and by January 1 every six years thereafter. All inspection reports shall be maintained in the owner's records for two inspection cycles and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building.

B. The board of a condominium association shall complete inspections by January 1, 2025, and by January 1 every nine years thereafter. All written reports shall be maintained for two inspection cycles as records of the association.

C. The inspection required by this chapter 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 as defined using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this chapter, 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 inspection:

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 property owner or the owner's designee 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 chapter, 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.

D. The inspector conducting the assessment inspection shall produce an initial report 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 property owner and to the city 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. The city may require additional information be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the city.

(Ord. 515, 2/26/2024)

A. An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the property owner. All necessary permits for repair or replacement shall be obtained from the city. 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 Section 15.30.030

2. Any applicable manufacturer's specifications.

3. The County of Los Angeles Building Code.

B. 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 property owner shall perform required preventive measures immediately. Occupant access to the exterior elevated element shall be prohibited until all emergency repairs have been permitted and approved by the city. An emergency permit must be obtained from the city prior to beginning repair or replacement work. Repairs of emergency conditions shall comply with the requirements of subsection A above, be inspected by the licensed inspector, and reported to the city.

1. 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 shall have 120 days to make the repairs unless an extension of time is granted by the city.

C. A building safety lien authorized by this chapter 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.

1. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information shall be recorded by the city. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.

2. A building safety lien may be foreclosed by an action brought by the city for a money judgment.

3. 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 property owner. The city shall recover from the owner any costs incurred regarding the processing and recording of the lien and providing notice to the owner as part of its foreclosure action to enforce the lien.

D. 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 property owner.

(Ord. 515, 2/26/2024)

A. Prior to conducting the first visual inspection, the licensed inspector described in Section 15.30.030 shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.

B. The licensed inspector described in Section 15.30.030 shall perform the visual inspections in accordance with the random list generated. If the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection after obtaining all necessary permits from the city. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.

C. Based upon the licensed inspector's visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following information:

1. The identification of the building components comprising the load-bearing components and associated waterproofing system.

2. The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.

3. The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.

4. Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

D. The report shall be stamped or signed by the licensed inspector and presented to the board of the association.

E. If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the city within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been permitted and approved by the city. An emergency permit must be obtained from the city prior to beginning repair or replacement work. Repairs of emergency conditions shall comply with the requirements of 15.30.050(A), be inspected by the licensed inspector, and reported to the city.

1. The city shall have the ability to recover enforcement costs from the association associated with the requirements of this chapter.

F. Each subsequent visual inspection conducted under this chapter shall begin with the next exterior elevated element identified on the random list and shall proceed in order through the list.

G. The association shall be responsible for complying with the requirements of this chapter.

H. The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association's governing documents.

I. The association board may enact rules or bylaws imposing requirements greater than those imposed by this chapter.

(Ord. 515, 2/26/2024)

A. Exterior elevated elements whose structural system is constructed of reinforced concrete are exempt from Chapter 15.30. Exterior elevated elements featuring a concrete topping slab as a wearing surface are subject to this chapter if the topping slab is supported by wood or steel framing.

B. Exterior elevated elements located in areas accessible only to maintenance personnel, such as roofs, are exempt from Chapter 15.30.

(Ord. 515, 2/26/2024)

A. If the property owner does not comply with the repair requirements within 180 days, the inspector shall notify the city and the owner. If within 30 days of the date of the notice the repairs are not completed, the owner shall be assessed a civil penalty of not less than $100.00 nor more than $500.00 per day until the repairs are completed, unless an extension of time is granted by the city manager or designee.

B. In the event that a civil penalty is assessed pursuant to this chapter, a building safety lien may be recorded in the county recorder's office by the city 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.

(Ord. 515, 2/26/2024)

In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.

(Ord. 515, 2/26/2024)