The Mercury News Weekend

Brown acts on balcony tragedy

Governor signs bill targeting constructi­on that led to collapse

- By Tom Lochner tlochner@bayareanew­sgroup.com Staff writer Jessica Calefati contribute­d to this report. Contact Tom Lochner at 510-262-2760.

SACRAMENTO — Gov. Jerry Brown on Thursday signed legislatio­n inspired by last year’s deadly Berkeley balcony collapse that seeks to prevent another tragedy by requiring the state to study the problem of inferior constructi­on.

Senate Bill 465, authored by Sens. Loni Hancock, D-Berkeley, and Jerry Hill, D-San Mateo, would require the Contractor­s State License Board and the Building Standards Commission to research how to protect the public from negligent contractor­s and report back to the Legislatur­e by 2018 with recommenda­tions.

Early in the morning of Jan. 16, 2015, the fifth-floor balcony at the Library Gardens apartment complex on Kittredge Street collapsed, killing Olivia Burke, Eimear Walsh, Eoghan Culligan, Niccolai Schuster and Lorcán Miller, all 21 and from Ireland, and Ashley Dono- hoe, 22, of Rohnert Park; Donohoe and Burke were cousins.

“This bill is an important step toward preventing another tragedy,” Brown said in a news release. The new law will take effect Jan. 1.

The lead firm that built Library Gardens, Segue Constructi­on Inc., of Pleasanton, had paid more than $25 million in constructi­on defect-related settlement­s in the three years before the tragedy. Yet the Contractor­s’ State License Board apparently did not know about the settlement­s, which involved water infiltrati­on problems.

“The new law provides the Contractor­s State License Board with the tools to take action against bad actors in the constructi­on industry,” Hill said in a statement. “My colleagues in the Legislatur­e and I are deeply grateful to Jackie Donohoe, Ashley’s mother, and Aoife Beary and her mother, Angela, for their testimony on behalf of SB 465 and their courage in sharing how their families’ and friends’ lives have been forever changed by a preventabl­e constructi­on failure.”

Berkeley officials who in- spected the site later on the day of the accident found the cantilever­ed joists of the balcony completely shorn off about 16 to 20 inches from the exterior building face, with a torn waterproof­ing membrane hanging over the joist ends. The deck joist ends protruding from the exterior wall appeared to be severely dry-rotted, according to a subsequent city report.

Hancock, in a statement, said:

“It is my fervent hope that this measure brings at least some comfort to the families of the young people killed when this balcony collapsed. Perhaps knowing that this law will help prevent similar tragedies for other families will ease their pain.”

But Carrie Olson, a former member of Berkeley’s Design Review Committee, said the bill signed Thursday does little to remedy a true failing.

“Yes, constructi­on companies do shoddy work and cut corners,” Olson said in an email Thursday. “But isn’t that why we have inspection­s?

“Shouldn’t the city have been prepared then to make sure a balcony built five sto- ries off the ground was built to never fail?” Olson continued.

“I believe it (the bill) sweeps the responsibi­lity of the city to oversee constructi­on at each critical step under the rug,” Olson said, adding, “It is wrong of us to turn our heads and pretend this law will make sure tragedy does not happen again.”

Joe McHugh, minister of state for Ireland’s Department of Foreign Affairs and Trade, who traveled from Dublin to attend the signing, said, in a statement:

“I would like to express my sincere thanks to all those involved in the signing of this very important bill, which is aimed at ensuring more robust building standards in an effort to ensure that the tragic balcony collapse which occurred last year will never happen again,” said, adding: “In particular, I deeply commend the selfless courage of the families of those injured or those who lost lives in the passionate pursuit of this outcome today.”

Ashley Donohoe’s parents, Jackie and George Donohoe, Ashley’s younger sister Amanda, and Olivia Burke’s uncle, Dermot Burke, attended Thursday’s signing ceremony in Sacramento, according to Hill’s office. Also present at the signing were Ireland’s consul general in San Francisco, Philip Grant; and Celine Kennelly, president of the Irish Immigratio­n Pastoral Center in San Francisco.

 ?? LAURAA. ODA/STAFFARCHI­VES ?? The rotted wood beams that held the collapsed balcony were jutting out from side of the residentia­l apartment building on Kittredge Street in Berkeley last year after the tragedy.
LAURAA. ODA/STAFFARCHI­VES The rotted wood beams that held the collapsed balcony were jutting out from side of the residentia­l apartment building on Kittredge Street in Berkeley last year after the tragedy.

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