THE ULTIMATE SB 721 AND SB 326 BALCONY INSPECTION LAWS GUIDE

Why Did California Pass The SB 721 and SB 326 Balcony Inspection Laws?

California introduced the “balcony inspection/repair” bills after the ‘Berkley Balcony Collapse' in 2015.

Back in 2015 a balcony collapsed at the Library Gardens apartment complex in which six university students lost their lives.

This tragedy could have been avoided if timely repairs had been made when tenants complained.

The intended purpose of this law is to prevent tragic accidents by requiring periodic inspections of ‘exterior elevated elements (like decks and balconies) to identify any necessary repairs or hazardous conditions.

Under SB721 and SB326, architects & engineers are required to disclose any damage or life-threatening conditions to the city Building and Safety Dept discovered during their inspections. The local Code Enforcement can fine property owners until timely repairs are made. 

Who Is Liable For Compliance With SB 326 And SB 721?

The balcony inspection/repair laws apply to apartment and condominium/HOA buildings.

Only single-family homes are exempt. 

Who is responsible for finding and coordinating with a licensed professional to perform the work?

• Property owners

• Property managers

• Lessees (lease holders)

If you have questions while reading this guide or past this guide, reach out and let us know.

What Is The SB 721 Law?

(Applies to Apartments)

Applies to apartments with 3 units or more.

• Apartments will require regular inspection of “exterior elevated elements”

  • Balconies

  • Decks

  • Rooftop decks

  • Stairs

  • Walkways
    

• Violations will be reported to local building and safety departments, and code enforcement offices.
  

• Owners must complete repairs within 120 days of a performed inspection.
  

• The first inspection must be completed no later than January 1, 2025.
  

• Subsequent inspections need to be completed every 6 years.

What Is The SB 326 Law?

(Applies to Condos)

• Condominiums will require regular inspection of “exterior elevated elements”

  • Balconies

  • Decks

  • Rooftop decks

  • Stairs

  • Walkways
    

• Violations will be reported to local building and safety departments, and code enforcement offices.
  

• Owners must complete repairs within 120 days of a performed inspection.
  

• The first inspection must be completed no later than January 1, 2025.

• Subsequent inspections need to be completed every 9 years.

SB 721 Vs. SB 326 What’s the Difference?

How Does SB 326 Affect My HOA?

• Homeowner Associations need to complete the first balcony/deck inspection by January 1st, 2025.
  

• Subsequent inspections must be performed every 9 years.
  

• If the property is under “shared ownership”, a financial reserve study might be necessary to address maintenance and repairs.

  • Analyzes and determines timeline of work and allocated funds.

• Responsible for finding and coordinating with a licensed professional to perform the work.

  • Property owners

  • Property managers

  • Lessees (lease holders)

All About Inspections

Who does the inspections?

• Inspections are performed by contractors, certified home inspectors, engineers (civil or structural), and architects.

How long do inspections take?

• It varies by property size. Inspections can be completed in as little as a few hours for smaller complexes, or a few days for larger ones.

How much do the inspections cost?

• Expect to pay between $250-$499 per balcony. Exacts depend on who you hire as well as property size.

>> You might get a volume discount for properties with more than 20 balconies. <<

Complying With Inspections

Is destructive testing necessary during the inspection processes?

• Balcony inspection laws do not specify the level of detail the inspections is to be performed outside of visual.

• A more thorough but non-invasive inspection such as an endoscope camera to see framing conditions is highly recommended.

• We also suggest peeling back stucco in certain areas to examine interior framing.

What happens if an immediate threat to safety is found during inspection?

• Any conditions or damage that are deemed a threat to tenants will be reported to the local building departments and code enforcement agencies.

• Repairs will have to begin immediately and are given a 120/day window to complete.

What are the penalties for non-compliance?

• SB 721 and SB 326 allow for civil penalties

• “No less than $100 nor more than $500” PER DAY until repairs are completed.

Understanding Exterior Elevated Elements [California Senate Bills]

What are “Exterior Elevated Elements”?

• Exterior Elevated Elements are exposed to the elements and depend on lightweight concrete as waterproofing to protect it from moisture.

• Any walkable exterior surface that is six foot or higher

• Made up of wood, or wood-based products for structural support

• Extends beyond the exterior walls of the building.

Where Did The EEE or Exterior Elevated Elements Definition Come From?

• The State of California uses the term to define and categorize all the areas that need to be inspected and repaired under SB326 and SB721.

Why Do You Need Inspections on Exterior Elevated Elements?

• Exterior elevated elements are exposed to the “elements”, like rain.

• Waterproofing systems are meant to protect the wood-frame structure but can fail when not cared for or maintained properly

Examples of “Exterior Elevated Elements (EEE)”?

Examples of Exterior Elevated Elements can include (but is not limited to) stairways, walkways, landings, balconies, decks, and even rooftop decks. Any feature or element that has a lightweight-concrete waterproof layer should be considered an exterior element.  

What are the penalties for non-compliance?

If any damage or dangerous conditions are discovered duting the inspection process they must be reported to the local Building & Safety and Code Enforcement offices. SB721 allows for civil penalties “no less than $100 nor more than $500” per day until repairs are completed.

What are California’s Balcony Laws Compliance Deadlines?

You still have some time, but the first round of inspections for apartments and condominiums must be completed by January 1, 2025. We don’t recommend that you wait until the last minute, get your balcony and decks inspected in 2023 or by 2024.

What About Repairs after SB 721 and SB 326 Inspections?

Bay Cities Construction can help you with all necessary repairs to comply with SB721 and SB326. Whether for your apartment building, condominium complex, or your own personal residence, we can resurface and repair all your balconies and decks.