California's balcony inspection laws, primarily Senate Bill 721 (SB-721) and Senate Bill 326 (SB-326), have introduced critical requirements for property owners and managers regarding the inspection and maintenance of exterior elevated elements (EEEs). Navigating these laws can feel complex, especially with specific terminology that defines the scope and requirements. Understanding these key terms is the first step towards ensuring your property is compliant and safe.

Let's break down the essential terminology you need to know:

1. Exterior Elevated Elements (EEEs)

This is the foundational term for both laws. In the context of SB-721, an EEE is defined as a structure including its supports and railings, such as balconies, decks, porches, stairways, walkways, and entry structures. These must extend beyond the exterior walls, have a walking surface elevated more than six feet above ground level, be designed for human occupancy or use, and rely significantly on wood or wood-based products for structural support.

SB-326 offers a slightly different definition, stating EEEs mean the load-bearing components together with their associated waterproofing system. While the wording differs, the intent is consistent: focusing on the elevated, load-bearing structures extending from the building.

2. Load-Bearing Components

Both laws emphasize the inspection of load-bearing components. SB-721 defines these as the components extending beyond the exterior walls to deliver structural loads from the EEE to the building. SB-326 provides a more detailed definition, describing them as the components extending beyond the exterior walls to deliver structural loads from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, are designed for human occupancy or use, and are supported in whole or in substantial part by wood or wood-based products.

Crucially, these are the structural wood framing elements that support the EEE, not the cladding materials like stucco or siding that might conceal them.

3. Associated Waterproofing Systems (SB-326)

Specific to SB-326, "associated waterproofing systems" are defined as elements like flashings, membranes, coatings, and sealants that protect the load-bearing components of EEEs from water exposure. This highlights the law's recognition of water intrusion as a primary cause of deterioration.

4. Visual Inspection

This term might sound straightforward, but in the context of these laws, it has a specific meaning. SB-721 requires assessment of load-bearing components and associated waterproofing elements using methods allowing for evaluation of their performance by direct visual examination or comparable means.

SB-326 clarifies "visual inspection" as the least intrusive method necessary to inspect load-bearing components, including visual observation only or in conjunction with tools like moisture meters, borescopes, or infrared technology. This is critical because, as the Berkeley balcony collapse tragically demonstrated, a purely visual inspection of the exterior is often insufficient to reveal hidden damage. If load-bearing components are concealed, visual inspection must be facilitated through other means.

5. Sample Size: 15% (SB-721) vs. Statistically Significant (SB-326)

Here's a key divergence between the two laws regarding how many EEEs need to be inspected.

• SB-721: Requires that a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
• SB-326: Mandates the inspection of a "statistically significant sample," defined as a sufficient number of units inspected to provide 95 percent confidence that the results from the sample reflect the whole, with a margin of error of no greater than plus or minus five percent. This often requires a larger sample size than the 15% mandated by SB-721, particularly for smaller properties.

Both laws require quantifying and cataloging EEEs by type before determining the sample size. Factors influencing what constitutes a "type" can include location on the building, construction phasing, and configuration.

Conclusion

Decoding the terminology used in California's EEE inspection laws is essential for property managers and building owners to ensure compliance and effectively manage the risks associated with these critical building elements. Understanding what constitutes an EEE, the focus on load-bearing components, the requirements for visual inspection (even of concealed elements), and the differing sample size requirements of SB-721 and SB-326 are fundamental.

By understanding these key terms and partnering with experienced professionals who are well-versed in the intricacies of these laws, you can navigate the compliance process with confidence and contribute to the safety and longevity of your property.