While Senate Bill 721 “SB-721” is sometimes referred to as “the balcony law,” it applies to more than just balconies. “SB-326” applies to buildings with HOAs and condominiums.

All structures elevated more than 6’ above the ground and made from wood, or wood-based elements must be inspected, including porches, stairways, walkways, decks and elevated entry structures.

“The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.” -SB721 and SB326

If the SB-326 inspection uncovers any issues that require repairs, the HOA Board of Directors is responsible for coordinating the completion of all repairs within the timelines specified under SB-326 law.

If repairs are not completed within the timelines specified, the local building departments have the authority to recover any costs associated with the enforcement of any violations that pertain to life and safety.

If your EEEs require repairs, they’ll be categorized into two groups:

Non-Emergency Repairs. While these repairs should be completed as soon as possible, they do not represent an immediate threat to the health or safety of your tenants. Once you receive your inspection report, you have 120 days to apply for a permit to complete the needed non-emergency repairs and another 120 days to complete said repairs. 

Emergency Repairs. Emergency repairs present a real and present risk to the health and safety of your tenants. Repairs must be completed immediately, and the E3 in question will need to be re-inspected and certified once said repairs are complete. 

EEE is the abbreviation for Exterior Elevated Elements. “Exterior elevated element means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.” -SB721 and SB326

Load bearing components are made with wood or wood-based products that extend beyond a building’s exterior wall. It has a walking surface designed for human use and is 6 feet above ground level. This includes balconies, decks, stairways, landings, walkways & supporting elements.

“Associated waterproofing elements include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.”

You must complete your first SB-721 inspection by January 1, 2025 – but don’t wait until the last minute. Beat the rush today and enjoy the peace of mind that comes with knowing your building is compliant.

All SB-721 inspections must be completed by qualified professionals such as licensed architects, licensed civil or structural engineers, contractors with a minimum of 5 years of experience, or certified building inspectors.

Subsequent inspections must occur every 6 years after that. Suppose you don’t complete your initial inspection by January 1, 2025 or fail to complete the repairs specified in an inspection report. In that case, you could face a civil penalty of $100-$500 for every day of non-compliance. 

The new bill was created following the tragic death of six people in a Berkeley apartment building when their balcony collapsed. The cause was said to be due to the structural decay of the wood framing that supported the balcony.

We use a combination of the following methods and tools to perform your SB-326 inspection:

Visual inspection – backed by our 40 years of construction knowledge and experience

Endoscopic imagery – allowing us to see deep within concealed framing cavities

Moisture sensors – for locating damp areas prone to dry rot

Infrared imagery – for pinpointing locations of moisture intrusion

When the inspection takes place, we will evaluate a significant sample of randomly selected elevated elements to achieve a 95% statistical confidence in the outcome of the inspection. With smaller communities this often equates to 100% of the exterior elevated elements being inspected.