Pinole Municipal Code Ch. 8.36 Balcony Inspection for Real Property Sales

The purposes of this chapter are: To protect the public health and safety by establishing and providing a mechanism for enforcing performance standards for private balconies in the City of Pinole.

(Ord. 2017-06 § 2 (part), 2017)

As used in this chapter, regardless of case, the following words, phrases and terms shall have the following definitions.

A. BALCONY. A horizontal platform extending from the exterior wall of a building, accessible from the building's interior, and not directly accessible from the ground. A balcony is typically not covered by a roof or building overhang or enclosed on more than two (2) sides by walls. However, railings shall not be considered enclosures. The definition of balcony does not include "decks" and shall be consistent with the definition of balcony in the California Building Code.

B. CERTIFICATE OF COMPLIANCE. A written certificate issued to a property owner by the Development Services Director or his/her designee certifying that an inspection of the property owner's balcony occurred and the balcony was deemed structurally sound and complies with all standards established by the city.

C. PROPERTY OWNER. Any individual or entity owning property within the boundaries of the City of Pinole.

(Ord. 2017-06 § 2 (part), 2017)

All balconies located on real property in the City of Pinole including but not limited to residential, multiple residential, commercial and industrial properties shall be inspected as required in this chapter and at the property owner's expense when any of the following events occur:

A. The application for a certificate of occupancy for a new building.

B. Prior to the close of escrow upon a sale or other transfer of the house, building, or property or, if there is no escrow, prior to recording a deed or other document transferring title to the house, building, or property. A transfer of ownership between family members or into a revocable or irrevocable living trust does not require testing if reassessment of property value is not required by the Contra Costa County Tax Assessor.

C. In a probate or other testamentary proceeding or in the event of a transfer pursuant to the terms of a joint tenancy termination, tenants in common termination, or other similar instrument, within one hundred eighty (180) days after the sale, transfer or conveyance of the house, building, or property.

(Ord. 2017-06 § 2 (part), 2017)

A. The inspection shall be conducted by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer qualified to inspect and identify deficiencies in the structural integrity of balconies. The licensed professional must have both a City of Pinole business license and a license in the applicable trade from State of California.

B. An inspection shall be valid for a period of six (6) months from the date of the inspection. If a property owner fails to obtain a certificate of compliance within six (6) months after obtaining an inspection, the Development Services Department may, in its discretion, require the property owner verify the condition of the inspected balcony is unchanged before issuing a certificate of compliance.

(Ord. 2017-06 § 2 (part), 2017)

A. Notice and repair. When the Development Services Director determines, in his or her discretion, that a balcony is in a defective condition, the City shall provide a written notice of violation. The property owner shall cause all repairs necessary to bring the building balcony into compliance. All costs of repair or replacement of the building balcony shall be borne by the property owner.

B. Additional inspection. Upon completion of repairs to or replacement of the balcony, the property owner shall verify to the City that the repairs or replacement have been properly completed.

(Ord. 2017-06 § 2 (part), 2017)

Probate and testamentary proceedings. For properties sold or transferred in a probate or other testamentary proceeding, pursuant to the termination of a joint tenancy or similar proceeding, any repair or replacement of a balcony shall be completed within ninety (90) days after the probate sale or other transfer. If repair or replacement does not occur within ninety (90) days after probate sale or transfer, the requirement to comply with this chapter becomes an obligation of the new property owner. The Development Services Director may provide additional extensions of time in writing.

(Ord. 2017-06 § 2 (part), 2017)

The Development Services Director, or his or her designee, may enter, conduct an inspection, and test any building balcony, or premise to secure compliance or prevent a violation of this chapter. Unless there is an emergency threatening the public health, safety or welfare, the Development Services Director shall provide at least three (3) business days' notice to the property owner and/or tenant of intent to enter upon the property. The Development Services Director may also request that a property owner provide all written records of inspection, maintenance, repair and replacement at the time of inspection of the building balcony or within ten (10) or more business days after receipt of the request.

(Ord. 2017-06 § 2 (part), 2017)

The City shall review the final submitted inspection for compliance with this chapter. When all conditions are met to the satisfaction of the City, the building balcony shall be certified as complying with the provisions of the Pinole Municipal Code. The City shall thereupon issue a certificate of compliance to the property owner, noting that the balcony has been inspected and meets the requirements of the City. A copy of the certificate of compliance will be kept by the City as record for the inspected property. Once a certificate of compliance is issued, the building balcony for which the certificate of compliance is issued shall not require testing for a period of five (5) years from the date of issuance of the certificate of compliance subject to Section 8.36.030. The certificate of compliance shall not imply a warranty or guarantee of any kind.

(Ord. 2017-06 § 2 (part), 2017)

If a property owner, or its designee, performs an inspection of a balcony pursuant to, and in compliance with all requirements of, Cal. Health and Safety Code § 17973, the City shall issue a certificate of compliance pursuant to Section 8.36.080, even if no inspection of the balcony was required by this chapter. The issuance of the certificate of compliance shall be contingent on the property owner providing the City with a copy of the final inspection report and performing all required repairs in the manner required by Cal. Health and Safety Code § 17973, as that section may be amended from time to time.

(Ord. 2019-05 § 2, 2019)

A. In the event that the property owner establishes to the satisfaction of the City that repair or replacement of a building balcony in a non-probate sale will result in undue hardship inconsistent with the purpose or intent of this chapter, a written request for hardship status may be submitted to the Development Services Director. The Development Services Director shall make a hardship finding only if the requesting property owner presents written facts that clearly demonstrate (in the Development Services Director 's sole discretion) that the property owner's payment for and completion of a building balcony repair or replacement at the required time would result in an undue hardship. If hardship status is granted, the property owner who is selling the property, or the purchaser of such property may request the City to defer the building balcony repair up to one hundred and eighty (180) days.

B. For purposes of this section, UNDUE HARDSHIP shall be defined as:

1. The severe illness or incapacitation of the property owner;

2. The immediate transfer or removal of the property owner from the state, thereby making the hiring of a contractor to repair or replace the building balcony impractical or overly burdensome; or

3. Any physical or financial situation that would render compliance with the time limits for the repair or replacement of building balcony extraordinarily difficult or impractical.

The property owner shall bear the burden of submitting documentation and proving the existence of such a bona fide hardship to the satisfaction of the Development Services Director.

C. Any property owner to whom a hardship finding is granted shall be given written notice of the finding. Said notice shall inform the property owner that the building balcony repair or replacement requirement is only deferred up to one hundred eighty (180) days. A copy of the notice shall be sent to both the property owner and, if applicable, the purchaser of the property.

D. In the event of a failure to comply with this chapter within the allotted time, the City may bring an enforcement action and exercise any other remedy provided by the Municipal Code and/or applicable law against the property owner and any other responsible party. In addition thereto, any property owner who fails to fully comply with this chapter shall be responsible for all damages that arise from or relate to such failure. For purposes of this section, DAMAGES include all compensatory damages, fines, penalties, assessments, attorneys' fees, costs and other monetary exactions that may be awarded to, levied or assessed by any person, firm, corporation, company or public entity.

(Ord. 2017-06 § 2 (part), 2017)

If the owner cannot complete all work needed to remove or mitigate potential threats to the health and safety of the occupants or future occupants caused by the condition of a balcony before the anticipated date of close of escrow, the buyer may file with the Development Services Director a written application for a temporary resale certificate of compliance. Upon approval of the application and issuance of a temporary resale certificate of compliance by the Development Services Director to the buyer, the buyer shall assume all obligations of the owner as specified in this chapter, and shall comply with the city's codes so as to remove or mitigate, within ninety (90) days of close of escrow, the potential threats to the health and safety of the occupants or future occupants.

(Ord. 2017-06 § 2 (part), 2017)

A. The temporary resale certificate of compliance shall state:

• 1. The date of issue;
• 2. The length of time the certificate shall be considered current;
• 3. The legal use and occupancy of the unit;
• 4. The address of the building; and
• 5. The name of the person to whom it is issued.

B. The temporary resale certificate of compliance shall expire upon the completion of all work needed to remove or mitigate potential threats to the health and safety of the occupants or future occupants as specified in this chapter, or ninety (90) days from close of escrow, whichever is earlier.

(Ord. 2017-06 § 2 (part), 2017)

The City Manager or his or her designee is authorized to and shall establish rules, regulations, guidelines and policies for implementing and enforcing this chapter.

(Ord. 2017-06 § 2 (part), 2017)

Any building balcony that is in violation of this chapter is hereby declared to be unlawful and a public nuisance and subject to abatement pursuant to Chapters 1.12 and 8.24 of the Pinole Municipal Code, and as currently in effect or as hereafter amended. Such nuisance conditions include, but are not limited to, any defective balcony.

(Ord. 2017-06 § 2 (part), 2017)

Any violation of this Chapter may be punished pursuant to Chapter 1.12 of this Code, or as authorized by Cal. Health and Safety Code § 17973, as that section may be amended from time to time.

(Ord. 2019-05 § 3, 2019)