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.
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.
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 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.
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.
