The Ultimate SB 721 and SB 326 Balcony Inspection Laws Guide
Everything property owners in California need to know about the Senate Bills before hiring the wrong team for their balcony inspection and repair projects.
Are you seeking all the information you need about the SB 721 and SB 326 Senate balcony laws in California?
Then you're in the right place!
This ultimate SB 721 and SB 326 guide will tell you everything you need to know before you hire the wrong team for your balcony inspection and repair needs. We will guide you through every step of the process and provide the education you need to make smart decisions moving forward.
Want to read the guide later? Download the PDF.
Bay Cities Construction SB 721 & SB 326? What We Do and Why It Matters
What Services Does Bay Cities Construction Offer?
Getting your balconies and decks repaired is easier than ever - Bay Cities Construction can help you make all necessary repairs to your properties before your state-mandated certification. Our team of pros can help you with resurfacing, replacing rails, structural framing repairs, and even total rebuilds.
We can visually inspect your balconies to identify any necessary repairs to help you pass your SB 326/ SB721 certification with flying colors. Avoid any chance of being reported for Code Enforcement violations and get your repairs completed before the 2025 deadline.
Don't Get Screwed - Start Here
Repairing your balconies or decks before getting an SB 721 / SB 326 certification is the smart choice.
One advantage of doing so is saving money by doing the repairs in phases, when you voluntarily repair your balconies, you are not required to complete all repairs simultaneously or within thirty (30) days. These costs can add up quickly especially if you own or manage a large apartment building with more than 20 balconies to repair.
Another benefit is avoiding fines. During the certification process if any repairs or violations are identified the repairs must be completed within 30 days, otherwise the local Code Enforcement office can levy hefty fines against you.
What We Don’t Do.
Our team can help you with repairs, resurfacing, permits, and even engineering plans.
However, we do not perform balcony certifications in accordance with SB 721 & SB 326. We highly encourage all property owners to hire experts like structural engineers.
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 SM 721?
The balcony inspection/repair laws apply to apartment and condominium/HOA buildings.
Only single-family homes are exempt.
If this is you, continue to learn everything you need to in the rest of this California Senate Bill guide.
Multifamily properties like apartment buildings and condominiums are affected by SB326 and SB721. Property owners, property managers, and lessees must coordinate to find a licensed professional to perform the legally required inspections.
Under SB721 and SB326, architects & engineers are required to disclose any damage or life-threatening conditions to the city Building and Safety Dept. The local Code Enforcement can fine property owners until timely repairs are made.
Only single-family homes are exempt from balcony inspections under SB 326 and SB 721. However, it is a good practice to visually inspect your balcony for signs of damage annually and resurface your balcony or deck every five (5) years or so.
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)
SB721 aims to get “Exterior elevated elements” (like balconies, decks, rooftop decks, stairs, and walkways) inspected regularly, and identify any necessary repairs that are deemed “an immediate safety risk”.
Violations must be reported to local building departments (and code enforcement) offices to ensure that all issues are addressed.
It should be noted that once identified, all repairs and all hazardous conditions need to be rectified immediately. If not, local Code Enforecement offices can levy penalties and fines against the property owners until the repairs are made.
Owners must demonstrate that repairs will be made and must complete necessary repairs within 120 days of an inspection being performed. The first inspection must be completed by January 1, 2025., and subsequent inspections must be completed every 6 years.
This bill applies to buildings with 3 units or more.
What is the SB 326 law? (Applies to Condos)
Just like SB721, SB326 aims to get “Exterior elevated elements” (like balconies, decks, rooftop decks, stairs, and walkways) inspected regularly and identify any repairs that are deemed “an immediate safety risk”.
Condominium associations must inspect balconies & decks every nine years, with the first inspection being performed by January 1, 2025.
Condo inspections can only be performed by a licensed structural engineer or architect.
SB 721 Vs. SB 326 What’s the Difference
The true difference between SB721 and SB326 is that one affects apartment buildings, while the other affects condominiums and homeowners associations.
Under SB721, inspections for apartment buildings are required every six (6) years. Balcony inspections for apartment buildings can be performed by licensed architects, licensed engineers (both civil or structural) a certified building inspector, or even a licensed contractor (but we highly recommend only hiring a structural engineer).
SB326, on the other hand, requires associations to perform inspections every nine (9) years instead of every six (6) years. Another difference is that balcony inspections for condominiums can ONLY be performed by structural engineers.
What is the SB 721 law? (Applies to Apartments)
SB721 aims to get “Exterior elevated elements” (like balconies, decks, rooftop decks, stairs, and walkways) inspected regularly, and identify any necessary repairs that are deemed “an immediate safety risk”.
Violations must be reported to local building departments (and code enforcement) offices to ensure that all issues are addressed.
It should be noted that once identified, all repairs and all hazardous conditions need to be rectified immediately. If not, local Code Enforcement offices can levy penalties and fines against the property owners until the repairs are made.
Owners must demonstrate that repairs will be made and must complete necessary repairs within 120 days of an inspection being performed. The first inspection must be completed by January 1, 2025., and subsequent inspections must be completed every 6 years.
This bill applies to buildings with 3 units or more.
When is “action” or an SB 326 or SB 721 inspection required?
You have a little over a year to get your first balcony and deck inspection completed, but that does not mean you should wait until the last minute.
Both SB326 and SB721 require a initial inspection of exterior elevated elements to be performed by January 1, 2025.
Apartments buildings will need to reinspect their balconies every six (6) years as required by SB721, and condominiums and HOAs will need to perform inspections every nine (9) years as required by SB326.
Whom do the California Senate Bills 721 and 326 affect?
These laws affect property owners, property managers, and tenants alike. Both SB721 and SB326 require an inspection of exterior elevated elements for multifamily properties like apartment buildings and condominium buildings with three (3) units or more.
So if you own a small apartment building with two (2) units, or you live in a condo with only two (2) units you will not need to comply with SB721 or SB326.
But does this mean you shouldn’t do anything at all? No, you should still properly maintain your property and make sure that any repairs are performed in a timely fashion.
What do the SB Balcony Inspection Laws Require?
Both SB721 and SB326 require an inspection of exterior elevated elements (like balconies, decks, stairways, and walkways higher than six (6) feet), the first of which needs to be completed by January 1, 2025. If any hazards are found and are deemed an immediate safety risk they must be reported to local building departments immediately. Any emergency repairs are required immediately, and owners have 120 days to complete all repairs.
Under SB721 apartment buildings with 3 units or more will need to inspect all exterior elevated elements again every six (6) years. On the other hand, condominiums and HOAs with at least 3 units will need to inspect all balconies and decks again every nine (9) years, but must also perform and file a financial reserve study with the state of California.
Who does the inspections?
Inspections for apartment buildings as required by SB721 can be performed by contractors, certified home inspectors, licensed architects, and licensed engineers (both civil and structural) but we highly encourage hiring a structural engineering firm for all your apartment inspections.
Condominium and HOA inspections as required by SB326 can only be performed by a licensed architect or a licensed structural engineer.
How long do the inspections take?
Depending on the size of the property, an inspection can be completed in as little as a few hours (for small properties), or can even last a few days (for larger complexes).
How much do the inspections cost?
Well, it depends. You can expect to pay anywhere between $250 to $499 per balcony, but it all depends on who you hire and it depends on the size of your property. You might get a volume discount if you have a property with more than 20 balconies.
Understanding Exterior Elevated Elements [California Senate Bills]
What are “Exterior Elevated Elements”?
Just what is an Exterior Elevated Element (or EEE)? Any exterior walkable surface that is six foot or higher, that has wood, or wood-based products for structural support, and that extend beyond the seterior walls of the building. Exterior Elevated Elements are exposed to the elements and depend on lightweight concrete as waterproofing to protect it from water.
Where Did The EEE or Exterior Elevated Elements Definition Come From?
The State of California uses the term ‘Exterior Elevated Element’ to define and categorize all the areas that need to be inspected and repaired under SB326 and SB721.
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.
Why Do You Need Inspections on Exterior Elevated Elements?
Exterior elevated elements are exposed to the elements, namely water. Waterproofing systems are meant to protect the wood-frame structure but can fail when not cared for or maintained properly, which has the potential to cause serious damage. This is exactly what happened in the 2015 Berkley Balcony collapse.
Is destructive testing necessary during the SB 721 and SB 326 inspection processes?
The balcony inspections laws do not specify what “level” of inspection must be performed, other than a visual inspection.
Another non-invasive, but more thorough option includes using an endoscope camera to see the condition of the framing. We would highly recommend peeling back stucco in certain areas to truly examine the condition of the interior frame.
What happens If an immediate threat to safety is found during the inspection?
Any conditions or damage that is deemed an immediate threat to tenants must be reported to the local building departments and local code enforcement agencies immediately.
Amu emergency repairs must be performed immediately.
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.
Select an option below:
- Meet With a Human
- Complete a Form
The Magic Module
Congrats! You've just become a magician. This is the do-it-all module where you can let your creativity run wild. The best part is that it's just going to keep getting more and more awesome over time.
Commercial Waterproofing Conversation
Book a Zoom Call with Alex
We care about you and your time. Don't miss work, and don't add stress to your day.
Schedule time to chat with Alex today.
Commercial Waterproofing Conversation
Get More Info about your waterproofing needs.
We'll reach out in the next 48 hours to schedule your first conversation via phone or Zoom call.
What's Next?
Still have questions about your Bay Cities Construction adventure. Then keep learning more.