Navigating California's Balcony Laws: SB-721 vs. SB-326

California has enacted critical legislation to address the safety of exterior elevated elements (EEEs) following tragic incidents like the Berkeley balcony collapse in 2015. The two primary laws that property owners and managers need to understand are Senate Bill 721 (SB-721) and Senate Bill 326 (SB-326). While both aim to prevent future failures by mandating inspections, they apply to different types of properties and have distinct requirements.

Understanding which law applies to your property and what it mandates is the first step towards compliance and ensuring the safety of your residents and guests.

SB-721: Focusing on Apartments and Multifamily Buildings

Signed into law in 2018, SB-721 (California Health & Safety Code Sec. 17973) primarily targets apartment buildings and other multifamily residential properties containing three or more dwelling units. This law requires the inspection of EEEs that have load-bearing components made with wood or wood-based products.

Who is Covered by SB-721?

Beyond traditional apartment complexes, SB-721 also applies to a range of other multifamily residential properties, including:

• Affordable housing projects
• Senior care facilities
• Higher education residential dormitories
• Military residential housing

Key Requirements under SB-721:

• What to Inspect: EEEs including balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls, are designed for human use, have a walking surface more than 6 feet above ground level, and rely substantially on wood for support. The inspection must assess the load-bearing components and associated waterproofing elements.
• Who Can Inspect: Licensed Architects, licensed Civil or Structural Engineers, certain licensed Contractors (A, B, or C-5 with 5+ years' experience), or Certified Building Inspectors approved by the local jurisdiction.
• Inspection Sample Size: A sample of at least 15 percent of each type of exterior elevated element must be inspected.
• Deadline: The first inspection for most existing buildings was extended to January 1, 2026. Subsequent inspections are required every six years.
• Repair Timelines: If repairs are needed, owners must apply for permits within 120 days of the report and complete repairs within 120 days of permit approval, or face potential penalties.

SB-326: Focusing on Condominiums and HOAs

Enacted in 2019, SB-326 (California Civil Code Sec. 5551) addresses the inspection gap left by SB-721 by applying specifically to condominiums and other common interest developments with three or more attached units. This law also focuses on the inspection of EEEs.

Who is Covered by SB-326?

SB-326 applies to all common interest developments (HOAs) in California that meet the unit threshold.

Key Requirements under SB-326:

• What to Inspect: The load-bearing components together with their associated waterproofing systems. EEEs are defined similarly to SB-721, including balconies, decks, stairways, and walkways, with a walking surface over six feet above ground, designed for human use, and supported by wood or wood-based products.
• Who Can Inspect: Only licensed Architects or licensed Structural Engineers can perform the inspections and stamp the required report.
• Inspection Sample Size: A random and statistically significant sample of EEEs must be inspected, defined as providing 95 percent confidence with a margin of error no greater than plus or minus five percent. This often requires a larger sample size than the 15% under SB-721.
• Deadline: The first inspection was due by January 1, 2025. Subsequent inspections are required every nine years, coordinated with the HOA's reserve study.
• Repair Timelines: SB-326 does not impose a specific timeline for non-critical repairs, but the findings are incorporated into the reserve study. Emergency conditions posing an immediate threat require immediate preventative measures and reporting to the local enforcement agency.

Key Differences Summarized

Ensuring Compliance

Navigating these laws requires a thorough understanding of their specific requirements and engaging qualified professionals to perform the necessary inspections. Ignoring these mandates can lead to significant risks and legal consequences.

If you are unsure which law applies to your property or need assistance understanding the inspection process and requirements, consulting with experts in EEE compliance is highly recommended. Proactive compliance not only meets legal obligations but is a critical part of responsible property management and ownership.

Contact Us Today to Learn More!