Don’t Wait Until the Last Minute to Comply with California’s Balcony Laws!
We're here to help you proactively get started on the road to compliance today!
What Are These Inspections and Why Are They Needed?
In 2018, the California Senate signed Senate Bill 721 “SB 721” into law.
The bill focuses on Exterior Elevated Elements (EEE for short) and imposes stringent safety and inspection standards for decks, balconies, and walkways – all with a deadline of January 1, 2025.
We understand how much SB-721 has affected landlords, property owners, and building managers, and are proud to perform SB-721 inspections to assist building owners in becoming compliant with this new law, thereby helping those clients avoid the penalties non-compliant building owners could face. For more information on SB-721, click here.
(A Second Bill, SB-326 was later passed, and more information can be found below or by clicking here.)
While Senate Bill 721 “SB-721” is sometimes referred to as “the balcony law,” it applies to more than just balconies!
All structures elevated more than 6’ above the ground and made from wood, or wood-based elements must be inspected, including:
Why Was Senate Bill 721 Passed?
SB-721 was passed after a tragic balcony collapse in 2015. The balcony collapse occurred at a Berkley apartment building and killed six college students.
During a post-collapse evaluation, experts discovered that the balcony had been inadequately waterproofed, and that the balcony’s load-bearing wooden frame had rotted, compromising its structural integrity.
The inspection also found that the property manager had delayed maintenance, despite clear indications of water damage.
They ruled that the balcony collapse could have been avoided if only the property owner had completed the needed maintenance.
The victims’ families won a multimillion-dollar settlement against the property management company in charge of the apartment building and the owners of the building.
The tragedy and subsequent legal battle sparked a nationwide conversation about who is responsible for residential buildings’ safety and structural integrity.
In addition, a 26-year-old was killed in Folsom, CA in July of 2015, when an external staircase connecting the second and third floors at a tower at an apartment building fell while he and another man were walking down the stairwell. Later investigations indicated dry rot as the leading cause of the collapse.
In response to these tragedies, California lawmakers passed SB-721, which went into effect on January 1, 2019, and is part of several California balcony laws, including later passed bill SB-326.
Who Is Affected by SB-721?
The law affects all buildings in California with 3 or more multi-family units.
This includes triplexes, quads, fourplexes, and larger apartment buildings.
Under the new law, these units must have all elevated exterior elements inspected.
“Exterior elevated elements” include decks, porches, stairways, walkways, and any other entry structure elevated more than 6 feet above ground level.
Currently, the law applies to structures made from wood or with a wood-based framework.
A last-minute amendment to SB-721 excluded condominiums, Common Interest Developments, and apartment projects from the bill. Condos are covered by a law that was later passed, SB-326. More information can be found regarding SB-326 below or by clicking here.
Still, apartments converted to condos after January 2, 2019, must be inspected before the first escrow closing.
Property owners affected by SB-721 must have elevated exterior structures inspected by January 1, 2025.
After the initial inspection, structures must continue to maintain inspections every six years.
What are the Requirements of SB-721?
SB-721 imposes stringent requirements for building owners, landlords, and property managers, including the following:
1) Inspections are REQUIRED every six years. Buildings with exterior elements elevated more than 6” above the ground must undergo a preliminary safety inspection before January 1, 2025, and ongoing safety inspections every six years after that.
2) There are limits on who can perform safety inspections. All safety inspections must be completed by safety inspectors who are qualified to conduct evaluations under the provisions of SB-721. More on this later.
3) At least 15% of all elevated elements must be inspected. According to the new law, a minimum of 15% of a building’s total elevated elements must be inspected during each safety evaluation. The choice of which elevated features to examine is up to the inspector.
4) Inspection reports must be kept for two cycles. According to SB-721, all safety inspection reports must be kept for two inspection cycles – 12 years. If jurisdictional officials request the reports, the building inspector must make them available.
5) Reports must meet specific requirements. Under SB-721, safety inspection reports must meet three primary requirements: they must define the condition of the EEE, clarify expectations regarding the expected service life of the elevated element, and make recommendations for additional inspections if needed. Inspection companies must deliver a comprehensive report that satisfies these requirements within 45 days of the inspection.
SB-721, What if a Safety Inspection Uncovers Needed Repairs?
If the inspection report uncovers required repairs, the inspector is required to classify the repairs under one of the following categories:
1) Immediate Action Required:
Repairs classified as “immediate action required” represent a real and present risk to life and safety.
If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.
At that point, the building owner must inform tenants and prevent access to the area if needed.
The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.
2) Repairs Required:
These issues include anything that cannot be resolved through maintenance but do not represent an immediate threat to life and safety.
When repairs are required, the building owner has 120 days to obtain a building permit and an additional 120 days to complete the needed repairs.
SB-326 Regarding HOA / Condos
If you are an HOA board member or if you own a condominium in California, SB-326 affects your building! Failing to comply with this deck and balcony law could result in fines, fees, and other disciplinary action.
Fortunately, compliance and peace of mind are just around the corner!
California’s SB-326 law applies to all exterior elements that are elevated more than 6 feet above ground level that are designed for human activity.
As such, a SB-326 inspection must evaluate the following exterior elements:
(1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
(2) “Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system.
(3) “Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.
(4) “Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.
(5) “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.
(b) (1) At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
(2) The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.
(c) Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.
(d) The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
(e) Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following information:
(1) The identification of the building components comprising the load-bearing components and associated waterproofing system.
(2) The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
(3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
(f) The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550.
What if a Safety Inspection Uncovers Needed Repairs?
(g) (1) If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
(2) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association.
(h) Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list.
(i) The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association.
(j) (1) The association shall be responsible for complying with the requirements of this section.
(2) The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.
(k) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.
(l) This section shall only apply to buildings containing three or more multifamily dwelling units.
(m) The association board may enact rules or bylaws imposing requirements greater than those imposed by this section.
(n) A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section.
4 Penalties You Could Face for Noncompliance
To enforce the provisions of SB-721 and SB-326, lawmakers included harsh penalties for non-compliant facilities.
These penalties include the following:
Fines of up to $500 per day. Non-compliant facilities could face penalties of $100-$500 per day for every day they are not in compliance with the requirements of SB-721 and SB-326.
Assessment of safety liens. If a civil fine or penalty is assessed, the local jurisdiction can choose to issue a safety lien against the facility. If a building owner refuses to pay non-compliance fines, the local jurisdiction can satisfy the lien through foreclosure.
Recovery of enforcement costs. Under SB-721 and SB-326, local enforcement agencies can recover enforcement costs from landlords, property owners, and property managers.
Impacts on a landlord’s insurance eligibility. If a facility does not comply with SB-721 and SB-326, it may impact the landlord’s insurance eligibility and make it more difficult (or impossible) to secure adequate insurance coverage.
Who Can Perform an SB-721 or SB-326 Inspection?
One of the most challenging aspects of these laws for landlords and property owners is that it limits who can perform the mandatory safety inspections the law requires.
Under the provisions of SB-721 and SB-326, qualified parties include general contractors with “A” “B” or “C-5” license classifications in the state of California and at least five years of experience, certified building inspectors, and architects or engineers.
Additionally, the person who conducts the safety inspection cannot be the same person who performs needed repairs.
If you need SB-721 or SB-326 safety inspections for your residential building, it may be tempting to see the deadline of January 1, 2025, and assume you’ve got plenty of time to make arrangements.
Unfortunately, that might not be true!
There are almost 500,000 apartment facilities in California, but only 200 building inspectors qualified to perform the required inspections.
That means each inspector would need to complete more than 800 inspections annually to meet the needs of California property owners, which isn’t possible.
Because of this, we recommend moving quickly.
Lock in your inspection dates sooner rather than later and ensure you have the qualified safety inspector you need for your SB-721 and SB-326 evaluations.
Why are we qualified?
Allstar Construction and Pest Management, Inc. is owned and operated by Charley and his wife, Christine. Charley has over 27 years of experience in the construction industry, and both have owned and operated Allstar Construction & Pest Management in their northern California town of Twain Harte for 15 years. Charley has consecutively held and operated under his B-General Building contractor’s license in the state of California for over 15 years, and has held and operated under a Branch 3 Structural Pest Control operator’s license in the state of California for over 14 years. He has been licensed for structural pest inspections for over 17 years. He is constantly striving to add to his areas of expertise, and also has held his C-29 Roofing contactor’s license for 9 years. Along with being licensed as both a building contractor and a structural pest control operator, Charley also is a certified Home Inspector through InterNACHI, or the International Association of Certified Home Inspectors.
In 2018, the California Senate signed Senate Bill 721 “SB 721” into law.
The bill focuses on Exterior Elevated Elements (EEE for short) and imposes stringent safety and inspection standards for decks, balconies, and walkways – all with a deadline of January 1, 2025.
We understand how much SB-721 has affected landlords, property owners, and building managers, and are proud to perform SB-721 inspections to assist building owners in becoming compliant with this new law, thereby helping those clients avoid the penalties non-compliant building owners could face. For more information on SB-721, click here.
(A Second Bill, SB-326 was later passed, and more information can be found below or by clicking here.)
While Senate Bill 721 “SB-721” is sometimes referred to as “the balcony law,” it applies to more than just balconies!
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
- Elevated entry structures
Why Was Senate Bill 721 Passed?
SB-721 was passed after a tragic balcony collapse in 2015. The balcony collapse occurred at a Berkley apartment building and killed six college students.
During a post-collapse evaluation, experts discovered that the balcony had been inadequately waterproofed, and that the balcony’s load-bearing wooden frame had rotted, compromising its structural integrity.
The inspection also found that the property manager had delayed maintenance, despite clear indications of water damage.
They ruled that the balcony collapse could have been avoided if only the property owner had completed the needed maintenance.
The victims’ families won a multimillion-dollar settlement against the property management company in charge of the apartment building and the owners of the building.
The tragedy and subsequent legal battle sparked a nationwide conversation about who is responsible for residential buildings’ safety and structural integrity.
In addition, a 26-year-old was killed in Folsom, CA in July of 2015, when an external staircase connecting the second and third floors at a tower at an apartment building fell while he and another man were walking down the stairwell. Later investigations indicated dry rot as the leading cause of the collapse.
In response to these tragedies, California lawmakers passed SB-721, which went into effect on January 1, 2019, and is part of several California balcony laws, including later passed bill SB-326.
Who Is Affected by SB-721?
The law affects all buildings in California with 3 or more multi-family units.
This includes triplexes, quads, fourplexes, and larger apartment buildings.
Under the new law, these units must have all elevated exterior elements inspected.
“Exterior elevated elements” include decks, porches, stairways, walkways, and any other entry structure elevated more than 6 feet above ground level.
Currently, the law applies to structures made from wood or with a wood-based framework.
A last-minute amendment to SB-721 excluded condominiums, Common Interest Developments, and apartment projects from the bill. Condos are covered by a law that was later passed, SB-326. More information can be found regarding SB-326 below or by clicking here.
Still, apartments converted to condos after January 2, 2019, must be inspected before the first escrow closing.
Property owners affected by SB-721 must have elevated exterior structures inspected by January 1, 2025.
After the initial inspection, structures must continue to maintain inspections every six years.
What are the Requirements of SB-721?
SB-721 imposes stringent requirements for building owners, landlords, and property managers, including the following:
1) Inspections are REQUIRED every six years. Buildings with exterior elements elevated more than 6” above the ground must undergo a preliminary safety inspection before January 1, 2025, and ongoing safety inspections every six years after that.
2) There are limits on who can perform safety inspections. All safety inspections must be completed by safety inspectors who are qualified to conduct evaluations under the provisions of SB-721. More on this later.
3) At least 15% of all elevated elements must be inspected. According to the new law, a minimum of 15% of a building’s total elevated elements must be inspected during each safety evaluation. The choice of which elevated features to examine is up to the inspector.
4) Inspection reports must be kept for two cycles. According to SB-721, all safety inspection reports must be kept for two inspection cycles – 12 years. If jurisdictional officials request the reports, the building inspector must make them available.
5) Reports must meet specific requirements. Under SB-721, safety inspection reports must meet three primary requirements: they must define the condition of the EEE, clarify expectations regarding the expected service life of the elevated element, and make recommendations for additional inspections if needed. Inspection companies must deliver a comprehensive report that satisfies these requirements within 45 days of the inspection.
SB-721, What if a Safety Inspection Uncovers Needed Repairs?
If the inspection report uncovers required repairs, the inspector is required to classify the repairs under one of the following categories:
1) Immediate Action Required:
Repairs classified as “immediate action required” represent a real and present risk to life and safety.
If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.
At that point, the building owner must inform tenants and prevent access to the area if needed.
The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.
2) Repairs Required:
These issues include anything that cannot be resolved through maintenance but do not represent an immediate threat to life and safety.
When repairs are required, the building owner has 120 days to obtain a building permit and an additional 120 days to complete the needed repairs.
SB-326 Regarding HOA / Condos
If you are an HOA board member or if you own a condominium in California, SB-326 affects your building! Failing to comply with this deck and balcony law could result in fines, fees, and other disciplinary action.
Fortunately, compliance and peace of mind are just around the corner!
California’s SB-326 law applies to all exterior elements that are elevated more than 6 feet above ground level that are designed for human activity.
As such, a SB-326 inspection must evaluate the following exterior elements:
- Decks
- Balconies
- Stairs and landings
- Elevated walkways
- Entries
(1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
(2) “Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system.
(3) “Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.
(4) “Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.
(5) “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.
(b) (1) At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
(2) The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.
(c) Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.
(d) The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
(e) Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following information:
(1) The identification of the building components comprising the load-bearing components and associated waterproofing system.
(2) The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
(3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
(f) The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550.
What if a Safety Inspection Uncovers Needed Repairs?
(g) (1) If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
(2) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association.
(h) Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list.
(i) The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association.
(j) (1) The association shall be responsible for complying with the requirements of this section.
(2) The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.
(k) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.
(l) This section shall only apply to buildings containing three or more multifamily dwelling units.
(m) The association board may enact rules or bylaws imposing requirements greater than those imposed by this section.
(n) A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section.
4 Penalties You Could Face for Noncompliance
To enforce the provisions of SB-721 and SB-326, lawmakers included harsh penalties for non-compliant facilities.
These penalties include the following:
Fines of up to $500 per day. Non-compliant facilities could face penalties of $100-$500 per day for every day they are not in compliance with the requirements of SB-721 and SB-326.
Assessment of safety liens. If a civil fine or penalty is assessed, the local jurisdiction can choose to issue a safety lien against the facility. If a building owner refuses to pay non-compliance fines, the local jurisdiction can satisfy the lien through foreclosure.
Recovery of enforcement costs. Under SB-721 and SB-326, local enforcement agencies can recover enforcement costs from landlords, property owners, and property managers.
Impacts on a landlord’s insurance eligibility. If a facility does not comply with SB-721 and SB-326, it may impact the landlord’s insurance eligibility and make it more difficult (or impossible) to secure adequate insurance coverage.
Who Can Perform an SB-721 or SB-326 Inspection?
One of the most challenging aspects of these laws for landlords and property owners is that it limits who can perform the mandatory safety inspections the law requires.
Under the provisions of SB-721 and SB-326, qualified parties include general contractors with “A” “B” or “C-5” license classifications in the state of California and at least five years of experience, certified building inspectors, and architects or engineers.
Additionally, the person who conducts the safety inspection cannot be the same person who performs needed repairs.
If you need SB-721 or SB-326 safety inspections for your residential building, it may be tempting to see the deadline of January 1, 2025, and assume you’ve got plenty of time to make arrangements.
Unfortunately, that might not be true!
There are almost 500,000 apartment facilities in California, but only 200 building inspectors qualified to perform the required inspections.
That means each inspector would need to complete more than 800 inspections annually to meet the needs of California property owners, which isn’t possible.
Because of this, we recommend moving quickly.
Lock in your inspection dates sooner rather than later and ensure you have the qualified safety inspector you need for your SB-721 and SB-326 evaluations.
Why are we qualified?
Allstar Construction and Pest Management, Inc. is owned and operated by Charley and his wife, Christine. Charley has over 27 years of experience in the construction industry, and both have owned and operated Allstar Construction & Pest Management in their northern California town of Twain Harte for 15 years. Charley has consecutively held and operated under his B-General Building contractor’s license in the state of California for over 15 years, and has held and operated under a Branch 3 Structural Pest Control operator’s license in the state of California for over 14 years. He has been licensed for structural pest inspections for over 17 years. He is constantly striving to add to his areas of expertise, and also has held his C-29 Roofing contactor’s license for 9 years. Along with being licensed as both a building contractor and a structural pest control operator, Charley also is a certified Home Inspector through InterNACHI, or the International Association of Certified Home Inspectors.