When California passed Senate Bills 721 and 326 mandating inspections of Exterior Elevated Elements (EEEs), it created a new landscape of compliance requirements for multifamily property managers. However, along with these new laws came a host of misconceptions that could put property owners at serious risk. After conducting thousands of EEE inspections across California and beyond, we've encountered these myths repeatedly – and seen the dangerous consequences when property managers act on false assumptions.
Let's examine and debunk the most common misconceptions about balcony and EEE inspections that could compromise both safety and legal compliance.
The Reality: This is perhaps the most dangerous misconception we encounter. Many balcony inspectors believe that if a balcony or elevated walkway looks fine from the outside – no visible staining, cracking, or obvious damage – then it must be structurally sound.
The Berkeley balcony collapse of 2015 tragically demonstrated why this assumption is fatally flawed. Six people lost their lives that evening, and subsequent investigations revealed that the critical structural damage was completely hidden from view beneath the stucco soffit. As our forensic experts have noted, "What you see is what you get, but it's what you don't see that you really need to worry about."
Both SB-721 and SB-326 specifically require visual inspection of load-bearing components, not just the exterior cladding. When structural framing is concealed by stucco, siding, or other materials, compliance requires accessing those hidden areas through methods like borescope inspection or limited destructive testing. A purely external visual inspection of a stucco-clad balcony fails to meet the legal requirements and, more importantly, fails to identify potentially catastrophic safety hazards.
The Misconception: Some property managers have been misinformed that small balconies or railings that don't extend significantly beyond the building envelope are exempt from inspection requirements.
The Facts: California's definition of Exterior Elevated Elements is quite specific. An EEE must extend beyond the building's exterior walls, be designed for human use, have a walking surface more than six feet above ground level, and rely on wood or wood-based products for structural support. Many Juliet balconies and larger railings meet these criteria and absolutely require inspection.
The key factor isn't the size of the element, but whether it meets the definitional requirements. Even a small Juliet balcony with wood framing that extends beyond the building envelope and is more than six feet above ground level falls under the inspection mandate. Inspection firms who exclude these elements from their compliance programs are creating significant liability exposure.
The Truth: This misconception stems from a misunderstanding of the wood-based product requirement in the legislation. While it's true that stairs with entirely metal structural components may not fall under SB-721 or SB-326, many prefabricated stair assemblies incorporate wood-based products in their construction.
The inspection requirement applies to any EEE that relies "in whole or in substantial part on wood or wood-based products for structural support." This could include stairs with wood treads, wood blocking, wood railings, or other wood components that contribute to the structural integrity of the assembly. A careful analysis of each stair assembly is required to determine whether wood-based products play a structural role.
Additionally, some local jurisdictions have more expansive requirements. Berkeley, for example, requires inspection of both wood and metal elevated elements, while San Francisco's Housing Code Section 604 includes metal exterior elements in its inspection requirements.
The Confusion: Some industry insiders mistakenly believe that California's balcony inspection laws are somehow related to earthquake preparedness or seismic safety requirements.
The Reality: SB-721 and SB-326 have nothing to do with seismic concerns. These laws were passed specifically in response to the Berkeley balcony collapse and focus entirely on preventing structural failures caused by water intrusion and deterioration of wood-framed components. The legislation addresses the ongoing maintenance and inspection of EEEs to identify concealed damage before it leads to catastrophic failure.
While seismic safety is certainly important for California buildings, it's addressed through entirely different building codes and requirements. The EEE inspection laws are about preventing failures caused by hidden deterioration, not earthquake damage.
The Dangerous Assumption: Inspection firms working on behalf of asset managers in other states sometimes believe that without laws like SB-721 or SB-326, they don't need to worry about the same level of inspection rigor for their elevated exterior elements.
The Reality: While other states may not have specific mandates for EEE inspections, the underlying safety concerns are identical regardless of location. Wood-framed balconies, decks, and elevated walkways face the same risks of water intrusion and concealed deterioration whether they're in California, Colorado, or Connecticut.
According to Consumer Product Safety Commission data, over 224,000 people were injured across the country during a five-year period studied, with 33,000 injuries directly attributable to structural failure or collapse. A 2007 study found that balcony and deck collapses are increasing at a rate of 21% annually nationwide.
Inspection companies operating outside California who ignore these risks aren't just gambling with tenant safety – they're exposing themselves to potentially devastating liability. The standard of care for EEE safety shouldn't depend on whether your state has passed specific legislation. Unless your inspector can visually inspect otherwise concealed wood framing, you really don't know the true condition.
The Appeal: In an era of advancing technology, some property managers are attracted to the idea of using drones equipped with cameras or AI-powered inspection tools to evaluate their EEEs without hiring professional inspectors.
The Problem: This approach fundamentally misunderstands what EEE inspections require. Both SB-721 and SB-326 mandate visual inspection of load-bearing components – the actual structural framing that supports the elevated elements. No drone or AI system can see through stucco soffits to examine concealed wood joists, nor can they assess the structural integrity of connections or identify early signs of deterioration in hidden framing members.
Moreover, the laws specify qualified professionals who can perform these inspections: licensed architects, structural engineers, certified building inspectors, and (for apartments) qualified contractors with specific experience. Property managers, HOA board members, or property owners regardless of their technology tools, would also need to meet these qualification requirements, but we wouldn't recommend that.
While drones and AI may have useful applications for preliminary assessments or documentation, they cannot substitute for the professional expertise and specialized inspection techniques required for legal compliance and actual safety evaluation.
The stakes for EEE inspections are simply too high for misconceptions and shortcuts. When structural failures occur, the consequences aren't just financial – they can be fatal. The Berkeley tragedy taught us that hidden deterioration in wood-framed elevated elements can progress to catastrophic failure without any visible warning signs.
Property managers who fall prey to these myths aren't just risking non-compliance with state laws; they're gambling with the lives of their tenants and exposing themselves to potentially devastating liability. The complexity of EEE evaluation, from determining which elements require inspection to accessing concealed structural components, demands professional expertise that has been developed through decades of forensic experience.
As we approach the January 1, 2026 compliance deadline for California properties, there's no time for dangerous misconceptions. The path to true compliance and safety requires working with qualified professionals who understand both the technical requirements and the underlying safety principles that drive these critical inspections.
Image courtesy Craig Adderley
Don't let myths and misconceptions put your property and tenants at risk. Contact our team of certified EEE inspection professionals to develop a comprehensive compliance strategy that prioritizes both safety and legal requirements.