2. Observe/inspect the implementation of the water proofing of such areas

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1 Jesse Arreguín City Councilmember, District 4 REVISED ACTION CALENDAR July 14, 2015 To: From: Honorable Mayor and Members of the City Council Councilmember Jesse Arreguín Subject: Corrosion Resistant Steel Reinforcement of Balconies and Required WaterproofingPeriodic Inspection of Balconies RECOMMENDATION 1. Send a letter to the California Building Standards Commission (attached) urging them to update the state Building Code to require steel reinforcement of weather exposed balconies with corrosion resistant steel in all new balcony designs. 2. Refer to the City Manager and Housing Advisory Commission to: a. Consider the adoption of a local Building Code requirement to require steel reinforcement for of all weather exposed balconies with corrosion resistant steel in new developments. Request that the City Manager report back to Council with their analysis and recommendations within 60 days. b. Consider establishing a requirement that prior to the issuance of a Certificate of Occupancy that all timber frame buildings built under the Building Code that have exterior balconies, landings, decks, stairs and similar floor projections exposed to the weather, obtain an approved weather proofing expert who shall: 1. Review and approved the water proofing design Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 1" 2. Observe/inspect the implementation of the water proofing of such areas 3. After review and observation/inspection of the waterproofing, the inspecting party shall submit an affidavit to the City signed by the waterproofing expert verifying that the waterproofing design and work was completed in compliance with applicable codes and that the inspecting party approves of the design and the work completed. Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Martin Luther King Jr. Civic Center Building 2180 Milvia Street, 5 th Floor, Berkeley, CA Tel: (510) Fax: (510) TDD: (510) jarreguin@cityofberkeley.info Web:

2 balconies in multi-unit rental properties be periodically inspected by City inspectors. Staff to determine the time frame for required inspections (i.e. 2 years, 5 years, 10 years). BACKGROUND The tragic balcony collapse at 2020 Kittredge on June 16, 2015 which killed six people and injured seven others has raised questions over the safety of uncovered, cantilevered wooden balconies. Images of the wooden supports of the balcony that failed show major damage to the condition of the wood, including the appearance of dry rot and mold. While precautions such as waterproofing are done when balconies are constructed, water intrusion, decay, and damage often goes unnoticed. Given how dangerous such situations can be, and the consequences of such damage, it is vital to the safety of residents to build balconies with materials that are more resistant to both short-term and long-term decay. Corrosive resistant Ssteel provides the strength and durability to meet such requirements. While many new buildings construct balconies to this standard, currently there is no mandatory state building code requirement for either building balconies with naturally durable or preservative-treated wood or requiring steel reinforcement of balcony designs. With most of California's housing growth taking place in the cities, there will be a greater number of apartment buildings constructed, including buildings with balconies. With more balconies, there's a possibility that the current standard allowing wood reinforcement of balcony floors will mean that failures in sealing and subsequent water damage may lead to more balcony collapses. Statewide, we need to develop a comprehensive inspections procedure. In the meantime, the state should move forward with changing the building code to require a design for balcony floors utilizing steel or other materials impervious to damage from water intrusion. The proposed urgency ordinance (Item # 48) to amend the Berkeley Housing Code and Rental Housing Safety Program ordinance to require inspections within 6 months of adoption, and every 5 years thereafter, of balconies will help ensure that existing balconies are in good structural condition and prevent future collapse. In addition to inspections of existing balconies and requiring more durable materials be used, the City should require that a water proofing inspection be conducted prior to the issuance of a Certificate of Occupancy to prevent any construction defects and subsequent water intrusion and decay. By adequately inspecting prior to the building being completed it will help avoid problems in the long term. Currently no requirement for a water proofing inspection exists. Page 2

3 In addition, since problems in the construction of balconies will often go unnoticed once the building is complete, the City should require periodic inspection of all balconies in all multi-unit rental properties by a City inspector to verify the stability of the balcony and to require owners to address any damage so that balconies are in good structural condition. ENVIRONMENTAL SUSTAINABILITY No adverse effects to the environment FINANCIAL IMPLICATIONS Unknown. Staff time involved in studying the concept of adopting a local building code requirement for reinforcement by corrosive resistant steel. Enforcement of steel reinforcement requirement would be conducted through building inspections. Requirement for periodic waterproofing inspections of balconies would be enforced by City inspectors. Any violations would need to be corrected or owners would face penalties. implemented by owners by hiring an approved waterproofing expert and verified by City staff. Any potential need for additional staff, which would be feesupported can be addressed in the next budget cycle. CONTACT PERSON Jesse Arreguin, Councilmember, District Attachments: 1: Letter to the California Building Standards Commission Page 3

4 July 15, 2015 California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA Dear Chair Batjer and Members of the Commission: At its regular meeting of July 14, 2015, the Berkeley City Council voted to send the following letter: The City of Berkeley is still in shock and filled with immense grief over the horrific balcony collapse at 2020 Kittredge on June 16, 2015, which claimed the lives of six people and injured seven more. As we try to recover from this tragedy, we must look into ways of preventing such events from ever happening again. Initial Observations from City staff and opinions from other experts say that degradation of the wood from water exposure played a part in the collapse. Another balcony from that building was removed the next day, with images showing stark differences in the condition of the wood, with the failed balcony appearing to have dry rot and mold. These indications show the risks of constructing balconies out of wood, especially without corrosive resistant steel reinforcement. The Berkeley City Council believes that alternative materials such as corrosive resistant steel must be used in the construction of balconies to ensure that balconies are placed under the strictest and safest conditions. Unlike wood, corrosive resistant steel is less likely to deteriorate over time, is better able at withstanding the elements, and is a stronger material. With most of California's housing growth taking place in the cities, there will be a greater number of apartment buildings constructed, including buildings with balconies. With more balconies, there's a possibility that the current standard allowing wood reinforcing of balcony floors will mean that failures in sealing and subsequent water damage may lead to more balcony collapses. Statewide, we need to develop a comprehensive inspections procedure. In the meantime, the state should move forward with changing the building code to require a Page 4

5 design for balcony floors utilizing corrosive resistant steel or other materials impervious to damage from water intrusion. Therefore, we strongly urge the California Building Standards Commission to update the California Building Standards Code so that balconies are constructed with corrosive resistant steel reinforcement. Sincerely, The Berkeley City Council C.c. Jim McGowan, Executive Director, Building Standards Commission State Senator Loni Hancock Assemblymember Tony Thurmond Page 5

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