California balcony inspection law requirements

The balcony inspection law in California is a comprehensive review of the condition of balconies, decks, railings, and other exterior safety features on residential or commercial property. During an inspection, inspectors will check for any damages or deficiencies that could lead to damage or injury and make recommendations for repairs or further action if necessary.

If you’re concerned about complying with SB 721 and seeking maximum protection for yourself and your tenants from the mandated inspection, the North American Home Services team is prepared to aid you. Contact us at (916) 299-9724 to schedule a SB 721 balcony inspection service in the Sacramento area.

If you’ve already done your EEE inspection and are looking for a balcony/deck repair company, our sister company Good Life Construction provides all kinds of construction and repair services.

What is Senate Bill 721?

Senate Bill 721 (SB 721) is a California law that seeks to protect people from balcony safety risks. The law requires buildings with three or more multi-family dwelling units and exterior elevated elements to undergo periodic inspections every six years, conducted by a licensed professional contractor, engineer, or architect. The inspection report must include a list of all inspected elements, any identified defects, and a repair or replacement plan.

What is Senate Bill 326?

California Senate Bill 326 (SB 326), also known as the “balcony inspection law,” requires that buildings with three or more multi-family dwelling units and exterior elevated elements, such as balconies, must be inspected by a licensed professional engineer or architect at least once every nine years. The inspection must identify any conditions that could pose a significant safety hazard, and the building owner must take action to remedy any identified issues in a timely manner. The inspection report and any required corrective action plan must be submitted to the local enforcement agency within 15 days of completion. 

What is the difference between SB 721 and SB 326?

SB721 is aimed at properties such as apartments, triplex, fourplex and other multi family properties that are not associated with a condo association or HOA.

SB 721 requires inspections every six years for buildings with three or more multi-family dwelling units and exterior elevated walking surfaces designed for human occupancy, which are higher than 6 feet from the ground level. 

SB326 is aimed at properties within a condo association or HOA due to the structure of the organizations.

SB 326 covers periodic inspections every nine years for condominium associations with exterior elevated elements and identifies any potential safety hazards that need to be addressed by the building owner in a timely manner. 

By January 1, 2025, buildings must be inspected in accordance with the requirements of Senate Bills 326 and 721.

What are Exterior Elevated Elements (EEEs)

Exterior Elevated Elements (EEEs) are components of a building that are exposed to the outdoors and remain at an elevation greater than any surface adjacent to them.

Examples may include:

• stairways

• balconies

• decks

• outdoor walkways

• ramps

• landings

EEEs must be evaluated according to the regulations set forth by SB-721/SB-326 in order to ensure safety.

What are balcony inspection requirements in California?

Balcony inspection 721 / 326 law requires certain types of buildings with exterior elevated elements, such as balconies, to undergo periodic inspections, which must be conducted by a licensed professional engineer or architect. The inspection report must include a list of all the elements inspected, any observed defects, and a repair or replacement plan for any identified defects. The specific inspection requirements can vary depending on the type of building, and building owners and managers should consult with a licensed professional to determine their obligations.

Why Did California Pass Balcony Inspection Laws? 

California passed Senate Bills 326 and 721 following the tragic balcony collapse in Berkeley in 2015. The bills prioritize safety by requiring periodic inspections of exterior elevated elements every 6 or 9 years, depending on the type of building. These inspections provide early detection of any potential hazards such as rot and decay of wood framing members, and any necessary repairs must be completed within 15 days of completion to reduce risk for occupants. 

Do I Need a Balcony Inspection?

If you meet the requirements within the parameters of the law such as being a multi-unit properties meant for living, and have EEE’s, then yes you need an inspection. Buildings and structures with balconies, decks, or other exterior elevated elements more than 6 feet high require periodic inspections every 6 or 9 years depending on the type of building. 

It is the responsibility of property owners and managers to ensure that their balconies, decks, and other exterior elevated elements are safe and secure. 

What If My Structure Does Not Pass Inspection? 

SB-721 (Applies to Apartments)

There are 3 levels of “findings” that we identify in an SB 721 inspection:

1. Immediate action for stabilization and repairs;
2. Recommended repairs ;
3. Suggested repairs.

The SB721 inspector is required to report any damages that are in the first category which need Immediate action for stabilization to make it safe to temporarily walk on. Then the apartment will need to find a repair contractor to complete the necessary repairs to meet the safety standards that comply with SB-721. The apartment inspection company is required to report the urgent items to the local building departments as well as the owners of the apartments for liability reasons. This is an effort to ensure that the balconies and decks are promptly repaired to avoid accidents. 

The state has put together deadlines of 120 days from inspection to begin permitting and planning and an additional 120 days to complete repairs after permitting is approved. Failure to comply with the deadlines will result in penalties and fines. 

SB-326 (Applies to Condos)

Under SB-326, the inspector must provide a copy of the inspection report to the building owner immediately upon completion of the report.

The inspector must also submit the information to the local code enforcement agency within 15 days of completing the report. 

If the inspection reveals issues that could threaten the health or safety of occupants or visitors, the bill requires the association to take preventive measures as soon as they receive the report. 

These measures may include taping the affected EEE off with caution tape to prevent occupant access to the area until repairs have been made, inspected, and approved by the local code enforcement agency.

If an EEE needs emergency repairs, SB-326 requires inspectors to send a copy of the inspection report to the property’s local code enforcement agency within 15 days.

Can I avoid balcony inspection laws? 

No, you can not bypass this inspection. To ensure the safety of your building, get ahead of the game and do your first SB-721 / SB-326 inspection now! This way, you can have peace of mind that your building is up to code. If you fail to meet inspection requirements or complete repairs specified in an inspection report on time, then you risk being charged a civil penalty of $100-$500 per day of non-compliance.

How do I know if my balcony is unsafe?

Ensure the safety of your balcony by regularly inspecting it for any cracks, dry rot, corrosion, loose railing or boards, or gaps between planks. If any of these issues are present, contact a certified inspector to make sure your balcony meets the safety requirements outlined by Senate Bills 326 and 721. Avoid fines and keep your family safe by making sure your balcony is up-to-code.