CSLB Nearing Completion of Berkeley Balcony Collapse Investigation
The Contractors State License Board (CSLB) of California announced this week that its ongoing investigation of last year’s deadly balcony collapse in Berkeley, CA, is nearing a close. The investigation is focused in part on five construction companies that were involved in the building of an apartment complex where the balcony collapsed on June 16, 2015, killing six students and seriously injuring seven others.
The nine-month investigation is nearing completion, with a determination if administrative actions will be recommended against the contractors expected shortly, says the CSLB, which operates under the umbrella of the California Department of Consumer Affairs and licenses and regulates approximately 290,000 contractors in California.
“The main questions we’re trying to answer are if the various contractors involved followed the architectural plans for the balcony, including the use of the proper building materials, and whether workmanship standards were followed.” said David Fogt, CSLB’s Chief of Enforcement, in a recent press release. He says if the contractors did not follow correct plans and procedures then it is “a clear violation of the law,” pointing to Business & Professions Code section 7109.
If CSLB’s investigation determines the licenses should be revoked, cases will be submitted to the California Attorney General’s Office, which will prosecute the cases in the state’s administrative court, said the CSLB in the news release.
A month after the tragic collapse, the city of Berkeley implemented a series of new construction ordinances “to prevent future such events.” According to a June 23 report released by city’s Building and Safety staff, the 4th floor structural collapse of the cantilevered balcony was caused because “the deck joist ends protruding from the exterior wall appeared to be severely dry rotted.”
City inspectors, along with structural engineers from Miyamoto International and WJE Engineers, Architects, Materials Scientists, observed at the accident scene that the joists had completely sheared off approximately 16 to 20 inches from the exterior building face, and they found a torn bituthene membrane hanging over the joist ends.
The five-story, 176-unit Library Gardens apartment building where the balcony failed, was built in 2007.
Based on a June 23 city inspection of the collapsed balcony, the Berkeley City Council on July 15 unanimously approved a series of ordinances for all current and future city buildings. The changes make new balconies and other sealed areas exposed to weather subject to stricter requirements on materials, inspection and ventilation. In addition, the regulations require regular maintenance inspections for all such spaces for future buildings as well as those units already built.
Eric Angstadt, Berkeley planning director, told me in July that with the passage of these resolutions, “Berkeley now has local requirements that not only improve the design and structure of future balconies, but existing properties will also be subject to thorough inspections.”
The new rules state that projections exposed to weather – balconies, landings, decks, stairs and floors – shall be constructed of naturally durable wood, preservative-treated wood, corrosion resistant steel, or similar approved materials.
Other changes to local building codes include laminated timbers and supporting members of permanent fixtures. Glued laminated timbers that form structural supports on a building and are exposed to weather will now have to be pressure treated with a preservative or be manufactured from naturally durable or preservative-treated wood. And wood members that form the structural supports of buildings, balconies, porches or similar permanent building appurtenances that are exposed to the weather must be made with naturally durable or preservative-treated wood.
The new regulations also stipulate that weather exposed enclosed assemblies “shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain and snow.”
Berkeley spokesperson Matthai K. Chakko also told me in July that the new ordinances set up an inspection system where balconies will be inspected every three years by certified and qualified individuals, licensed general contractors, structural pest control licensees, licensed architects and engineers.
Who is Legally Responsible for the Balcony Collapse at Berkeley?
This article was written by Chris Dolan and published by The San Francisco Examiner. Click here to read more of Chris Dolan’s weekly articles at SFExaminer.com.
This week’s question comes from Richard H. in Berkeley who asks; “I am a Berkeley student and I was shocked and angry that those Irish students died in the balcony collapse. Much of the housing in Berkeley is old and decaying. I don’t know if that is the case with that building on Kittredge Street, it looked kind of new, who is legally responsible for a tragedy like that?”
Richard, my heart, and those of the entire Bay Area go out to the families of those who died, those who were injured, and those deeply affected by this senseless tragedy.
The present catastrophe involves laws pertaining to construction defect, products liability, premises liability, and general negligence theories as they pertain to personal injuries and wrongful death. The general legal theory which encompasses all of the available claims is that of negligence. California Civil Code, Section 1714, states that “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” Negligence is the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. This would result in a civil action brought by private parties (in contrast to a criminal action potentially brought by the DA) for monetary damages for wrongful death and/or personal injuries. The wrongful death actions would be brought by the families of the six who died and the personal injury actions would be brought by those who suffered physical and/or emotional injuries.
Potential defendants include the architects, structural engineers, developers, general contractors, sub-contractors, product manufacturers, distributors and retailers, building owners and building mangers.
Legal action against a skilled professional such as an architect or structural engineer is referred to as a professional malpractice action. Under the law, “an architect is negligent if he/she fails to use the skill and care that a reasonably careful architect would have used in similar circumstances.”
Developers, general contractors and sub-contractors likewise may be held liable for their negligence in construction. They are supposed to act as reasonable professionals would under similar circumstances, follow specific laws regarding construction practices, and abide by the applicable building code. Berkeley has adopted the California Building Code. According to the City of Berkeley records, a certificate of occupancy was issued in 2007. Therefore, the applicable Building Code would be that which would have been in effect at the time of construction, i.e. that in effect in 2007 or earlier when the plans were approved. Those codes contain specifications for cantilevered decks specification for waterproofing, membranes, decks, door installation, etc. requiring that decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not permit water to pass into the adjacent structure or within the systems themselves and/or cause damage to the systems.
It is possible that one or more of the products used in the decking and/or waterproofing system(s) were defective thereby exposing those involved in the design, manufacture and distribution of the product to liability for damages.
Finally, under the doctrine of premises liability, the owner, manager or operator of an apartment complex is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. Owners/managers must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others. Berkeley has a Rental Housing Safety Program which requires all owners of single family residences, duplexes, apartment houses, and hotels to annually certify that their rental units(s) meet housing safety standards established by the City. If a landowner knew, or should have known by reasonable inspection of a defect like rot or water intrusion, and failed to take adequate steps to repair it, they can be held liable for the damages which result from such negligence.
My office has handled a number of similar cases and I have drafted a comprehensive memorandum which I have forwarded to some of the interested parties.
By Kristen Sze
There was some emotional testimony Wednesday in Sacramento as lawmakers considered a bill that aims to prevent a repeat of the deadly Berkeley Balcony collapse from last year.
A young woman who spoke emotionally Wednesday was an Irish exchange student in Berkeley for the summer.
RELATED: I-Team: New clues as to why balcony collapsed
Aoife Beary was celebrating turning 21 when the fourth floor balcony collapsed on Kittredge Street right off the UC Berkeley campus in June of last year.
RELATED: EXCLUSIVE: 13 lawsuits filed in deadly Berkeley balcony collapse
Six young people died, including Ashley Donohoe of Rohnert Park and five Irish students.
Their friend and survivor Beary told the Assembly Appropriations Committee Wednesday, due to her traumatic brain injury she can’t go back to college. “I had lacerations to my liver, kidneys and spleen. I had a collapsed lung and broken ribs. I can’t believe why you’re even debating this bill. People died. You should ensure that all balconies are scrutinized in this state to prevent this from happening again,” Beary said.
Senate Bill 465, co-sponsored by Sen. Jerry Hill of San Mateo would increase oversight of contractors.
Following the balcony collapse, officials learned the construction firm that built it had paid more than $26 million in building-related settlements in recent years.
The bill is actually a modified version of a proposal that was defeated last summer.
It must clear the committee by this Friday in order to move forward.
PHOTOS: Several killed in balcony collapse in Berkeley
Click here for full coverage on the deadly Berkeley balcony collapse.
You must be logged in to post a comment.