The Path to Compliance
With California SB-721, SB-326 and More
Is Your Property Compliant? Don't Wait Until the Deadline!
For Apartments in California, the first deadline for compliance with SB-721 (Health & Safety Code Sec. 17973) is January 1, 2026 — which is fast approaching!
Condominium Associations in California needed to have their SB-326 evaluations completed by January 1, 2025.
Avoid the Challenges that Property Owners and Managers most often face when Complying with EEE Inspection Laws
(And why you REALLY don't want to put off getting the inspections done...)
Challenge No. 1
Does my property need to be inspected to comply with any applicable laws?
How do you know if SB-721, SB-326, or some other law applies to your specific property?
In California, there are multiple laws requiring the inspection of balconies, decks, walkways, stairs, landings and other exterior elevated elements (or "EEEs") that may or may not apply to a given property based on a number of factors, including:
- Where the property is located,
- What type of property it is,
- When the was property built.
In some situations, multiple laws may apply to a single property. Learn more about SB-721, SB-326, San Francisco Housing Code Sec. 604 and Berkeley BMC Sec. 19.40.040.
Balcony Assurance Group helps property owners, managers and other stakeholders understand what EEE inspection laws may apply to a given property, and what is required to comply.
Challenge No. 2
What are "Exterior Elevated Elements" and what needs to be inspected?
What is an Exterior Elevated Element and which ones need to be inspected?
SB-721 and SB-326 were established in response to the fatal collapse of a cantilevered balcony at an apartment complex in Berkeley, California. However, the laws require the inspection of a much broader range of building assembly types including partially and fully supported balconies, decks, elevated walkways, stairs, landings, guardrails, etc.
Learn more about what is and is NOT an EEE, according to whichever law applies...
Challenge No. 3
What percentage of the property's EEEs need to be inspected to comply?
What is "Sample Size" and Why Does It Matter?
Determining the correct number of EEEs to inspect is a challenge because the law's requirement to sample "each type" of element is complex, with a "type" being defined by factors like materials, elevation, and weather exposure. This ambiguity makes creating a compliant and cost-effective sample difficult without expert guidance.
The challenge is magnified when comparing the requirements for apartments and condominiums. For apartments under SB-721, the law specifies a direct 15% sample, while SB-326 requires condominiums to inspect a "statistically significant sample" ensuring 95% confidence. This higher standard often demands a much more complex calculation.
Balcony Assurance Group resolves this by analyzing your property's specific conditions to develop a compliant, defensible, and cost-effective inspection plan that meets all legal standards.
Learn more about the issue of "sample size" when it comes to EEE compliance...
Challenge No. 4
Who can perform the inspections?
Who is Qualified as a Professional to Perform EEE Inspections?
EEE inspector qualifications vary significantly by law; SB-721 allows licensed architects, engineers, or experienced contractors, while SB-326 is stricter, requiring an architect or structural engineer. Local ordinances in San Francisco and Berkeley have their own requirements.
More on the requirements for SB-721 and SB-326 inspections...
Balcony Assurance Group believes these minimums are not enough. We require our inspectors to have at least 15 years of professional experience designing or building wood-framed EEEs, a minimum of 5 years in forensics with hundreds of destructive tests, and experience as testifying expert witnesses on EEE standards of care.
Challenge No. 5
How are the EEEs supposed to be inspected?
How are the Inspections supposed to be Performed in order to Comply?
Although there seems to be some misunderstandings in the industry, California SB-721 and SB-326 both require that the wood framing components responsible for providing structural support be visually inspected. So if the wood framing is concealed by stucco, or some other material, how is the inspector supposed to visually inspect those components?
The method we most often use when we encounter concealed wood framing is to first drill some holes in the underside of the EEE to be inspected, and then use a borescope to visually inspect the wood components including the framing and sheathing. A borescope is a small camera with an LED light on the end of a fiberoptic cable connected to a display that the inspector uses to carefully inspect the cavity below an EEE.
Although the method is quite effective, there are a number of consideration that need to be taken into account when planning the inspection process. But do know this: a purely visual inspection will not meet the SB-721 and SB-326 compliance requirements, if the wood components are concealed from view.
Learn more about different inspection methods for complying with SB-721 and SB-326.
Challenge No. 6
What happens if problems are found during the inspection?
What happens if Issues are Observed during the Inspection Process?
The experts behind Balcony Assurance Group have collectively inspected many thousands of wood-framed balconies, decks, guardrails, elevated walkways, stairs, landings and other Exterior Elevated Elements over several decades.
We have seen EEEs that looked pristine on the outside look like a fire had burnt the entire inside of a cavity because the deterioration was so bad at the wood framing. We have seen EEEs that look pretty rough on the outside, but were found to have wood framing that was dry as a bone and completely solid. And just about everything in between.
In nearly a decade of providing Balcony Assurance services, we have helped our clients navigate all sorts of challenges and complexities as they relate to complying with laws like California's SB-721, SB-326, San Francisco Housing Code Section 604 and Berkeley BMC Section 19.40.040.
What is the Solution?
The Balcony Assurance Process
Remember: Every property is unique, and there are no "One Size Fits All" solutions to compliance with the various inspection laws. When you team up with Balcony Assurance Group for Compliance Services, we begin by first understanding your unique situation and needs, and then design a custom program to help you achieve your objectives.
The typical Scope of Work and associated range of fees for each phase are shown below, just to give an example.
The Phase 1 Pre-Inspection Site Survey is the key to properly scoping the compliance process, and includes the following:
- Identify, catalog and categorize all EEEs (and rule out any elements not meeting the definitions)
- Determine minimum requirements for compliance with any applicable laws
- Prepare a draft schedule for notification of affected residents
- Optional: 100% Visual Inspection (recommended)
The objective of the Screening Inspections is to collect as much information as required in as short amount of time as possible so as to minimize the impact on building occupants. The screening phase includes:
- Inspection of all exposed surfaces at EEEs included within the random sampling
- If framing is concealed, a borescope is typically used to inspect the wood components, as required by law
- The condition of all EEEs inspected is documented through proprietary checklists and tools
With such a large amount of information being gathered in such a short time, the analysis process is a time-consuming but essential part of the Balcony Assurance process, and includes the following:
- A senior consultant reviews each and every photo and note to determine the condition of EEEs
- Detailed Observations are prepared for actionable issues, and then catalogued by location, and by category
- The report of findings is designed to not only meet the law's requirements, but to provide property owners, managers and other stakeholders, empowering them to make better informed decisions about the property going forward
Why Choose Balcony Assurance Group?
The Balcony Assurance Group Advantage
Partnering with The Balcony Assurance Group means working with a team that has the experience, expertise, and technology to handle your EEE compliance needs effectively.
- Experienced Professionals: Our team of licensed architects and engineers has decades of experience in construction forensics and EEE evaluations. We know what to look for and how to accurately assess the condition of these critical building elements.
- Minimally Invasive Techniques: We prioritize methods that minimize disruption and cost while providing essential insights into concealed structures.
- Comprehensive Understanding of Regulations: We stay up-to-date on the evolving landscape of EEE inspection laws across different jurisdictions, ensuring your property meets all applicable requirements.
- Clear and Actionable Reporting:Our detailed reports provide the information you need to understand your property's compliance status and make informed decisions regarding maintenance and repairs.
Frequently Asked Questions
About the Compliance Process and Various Options to be Considered
General Compliance & Deadlines
EEEs include balconies, decks, porches, stairways, walkways, and entry structures that extend beyond the exterior walls, are designed for human use, have a walking surface more than 6 feet above ground level, and rely in whole or in substantial part on wood or wood-based products for structural support. Learn More About EEE Definitions...
EEE compliance means adhering to state and local laws that require periodic inspection and potential repair of exterior elevated elements like balconies, decks, stairs, and walkways. These laws are enacted to ensure the structural integrity and safety of these elements, often in response to past incidents of collapse. Every property has unique requirements, so contact us to learn what your property requires.
In California, SB-721 (California H&S Code Sec. 17973) applies to apartment buildings and other multifamily residential properties, SB-326 (California Civ. Code Sec. 5551) applies to condominiums and other common interest developments, plus San Francisco Housing Code Sec. 605, and Berkeley Municipal Code Sec. 19.40.040 both have their own requirements. Learn More...
- Condominiums (SB-326): First deadline was January 1, 2025, with follow-ups every 9 years.
- Apartments, Dorms, Senior Housing, Affordable (SB-721): First deadline is January 1, 2026, with follow-ups every 6 years.
- Learn More...
For apartment owners under SB-721, the local building department can issue daily fines for failing to comply. For condo associations under SB-326, non-compliance can lead to penalties under the Davis-Stirling Act. In either case, property insurers may choose to not renew policies for properties that are not compliant.
The Inspection Process & Scope
- SB-721 (Apartments): Qualified inspectors can be a licensed Architect, licensed Civil or Structural Engineer, or a licensed General Contractor (with specific classifications and experience).
- SB-326 (Condos): Only a licensed Architect or licensed Structural Engineer can perform the inspections and stamp the report.
A purely visual inspection is not sufficient to meet the requirements of California law. The statutes mandate an inspection of the "load-bearing components," which are almost always concealed within the structure. This requires, at a minimum, using tools like borescopes to view inside walls and soffits. Learn More...
- SB-721 (Apartments): Requires inspection of "a sample of at least 15 percent of each type of exterior elevated element."
- SB-326 (Condos): Requires a "statistically significant sample" that provides 95% confidence that the results are reflective of the whole, with a margin of error no greater than +/- 5%. This often requires a higher percentage than the 15% required for apartments.
- Learn More...
If conditions posing an immediate threat to safety are identified, the local enforcement agency must be notified within 15 days, and the owner must take immediate action (e.g., temporary shoring, restricting access). For non-emergency repairs under SB-721, owners must apply for repair permits within 120 days of receiving the report and complete the work within a further 120 days to avoid penalties.
Under SB-721, licensed contractors are now permitted to perform both the inspection and repairs. However, property owners should be aware of potential conflicts of interest. For SB-326, since only architects or engineers can perform inspections, a contractor cannot be the inspector of record. Balcony Assurance Group provides independent oversight to ensure any recommended repairs are necessary and appropriate.
Costs & Long-Term Planning
The cost of an EEE inspection can vary significantly based on several factors, including the size and complexity of the property, the number and types of EEEs, the building's construction, and the ease of access. Balcony Assurance Group provides customized quotes based on a thorough understanding of your specific property to ensure you receive a fair and accurate price for the required scope of work. Contact Us To Learn More...
No, this is a recurring requirement. The purpose of the law is to ensure the ongoing safety of these structures as they age. Under SB-721 (Apartments), inspections are required every six years. Under SB-326 (Condos), inspections are required every nine years. Establishing a regular inspection cycle is a critical part of long-term property maintenance and risk management. Contact Us To Learn More...
Both SB-721 and SB-326 require property owners and HOAs to keep copies of at least two cycles' worth of inspection reports (i.e., 12 years for apartments, 18 years for condos) as part of their permanent records. Both laws also require disclosure of any completed inspection reports during the sale of a property.
Local Bay Area Regulations
San Francisco Housing Code Section 604: This ordinance is broader than the state laws and applies to nearly all EEEs, regardless of material type (including metal and concrete) and building occupancy (including hotels). Learn More at SF.gov...
Berkeley Municipal Code 19.40.040 (E3 Program): Berkeley's ordinance also has a wider scope and different deadlines than the state laws. In addition, the city maintains a database tracking compliance status of all properties within the city subject to the regulations. Learn More at Berkeley's E3 page...
Ready to Begin the Path to Compliance?
For almost a decade, the founders of Balcony Assurance Group have been helping clients address the often concealed risks at balconies, decks, railings and other EEEs. Ever since SB-721, and later SB-326, were signed into law, the team has been working closely with property owners, managers, and their internal and external legal counsel, to ensure a smooth and manageable process for complying with applicable laws.