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:
Throughout the State of California, multifamily properties with three (3) or more attached dwelling units are subject to either Senate Bill Number 721, or Senate Bill Number 326.
Senate Bill Number 721, also known as "SB-721" or "SB721" or simply just "The Balcony Bill," was signed into law in 2018, going into effect in 2019. It can now be found under California Health & Safety Code Section 17973. It was amended in 2025 by AB-2579. SB-721 applies to apartment buildings, as well as both school and military housing, residential senior care facilities, affordable housing, and others. The law requires that wood framing at EEEs be inspected by qualified professionals at a 15% minimum random sampling before January 1, 2026, with certain requirements regarding repairs and notification when life-safety issues are discovered. Inspections are required every six (6) years thereafter.
Senate Bill Number 326, also known as "SB-326" or "SB326," the was signed into law in 2019 and went into effect in 2020. SB326 can be found in California Civil Code Section 5551, and applies to community associations (otherwise known as homeowners associations, or HOAs) with buildings that have three (3) or more attached dwelling units. This law requires that a much higher sampling be selected of each EEE type, enough of a sample size to achieve a 95% confidence, with a 5% margin of error. (If that sounds confusing, you aren't alone, and you also probably aren't a statistician.) While life-safety issues must be reported immediately as in SB-721, unlike SB-721 there are no requirements or penalties for implementing repairs. The final report must be incorporated in the next reserve study, and follow-up inspections are required every nine (9) years.
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Both laws define Exterior Elevated Elements as building components with horizontal walk surfaces designed or intended for human use that extend past the exterior wall, are at least six (6) feet above grade, relying in whole or in part on wood framing to deliver structural loads. The laws go on to state that the EEE consists of not only the wood framing or other structural elements, but also the associated waterproofing systems including the flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
In some situations, multiple laws may apply. For instance, the City of Berkeley, where the fatal balcony collapse took place, instituted its own EEE inspection requirements that are more stringent than the requirements of either SB-721 or SB-326. BMC 19.40.040 requires that multifamily properties with certain characteristics be inspected, and then that inspection report sent into the city, and a list is maintained of properties subject to the law, and whether or not the property is in compliance. Berkeley's law does NOT exempt roof decks from inspection (which are exempt under both SB-721 and SB-326), and is more detailed in the prescribed inspection approach.
In San Francisco, Housing Code Sec. 604 mandates that EEEs be inspected at certain property types. Like Berkeley's law, San Francisco's EEE inspection mandates predate SB-721 and SB-326. In the case of San Francisco, Sec. 604 goes back more than 20 years to 2002, with the first inspection required to be completed by 2004. Unlike SB-721, SB-326 and BMC 19.40.040, San Francisco includes EEEs that do not rely at all on wood components for structural support. In addition, San Francisco's EEE definitions are the broadest of all four laws including, "[a]All wood and metal decks, balconies, landings, exit corridors, stairway systems, guardrails, handrails, fire escapes, or any parts thereof in weather-exposed areas." The law includes apartments, condominiums and hotels.
For properties located in either Berkeley or San Francisco, if the property meets certain criteria, in addition to whatever local code applies, SB-721 may also apply. Conversely, if the property is a community association, or condominium, SB-326 may also apply.
Contact Us Today to find out if your property needs to be compliant with one or more EEE inspection laws, and to understand exactly what is required.