California's balcony inspection laws, SB-721 and SB-326, mandate periodic inspections of Exterior Elevated Elements (EEEs) to ensure safety and prevent catastrophic failures. A key aspect of compliance is understanding who is legally qualified to perform these critical inspections on your property. The requirements differ depending on whether your property falls under SB-721 or SB-326.
Qualified Professionals Under SB-721 (Apartments and Multifamily Buildings)
For buildings subject to SB-721, which primarily includes apartment buildings and other multifamily residential properties with three or more dwelling units (excluding condominiums), the law provides a broader list of qualified professionals who can perform EEE inspections. According to California Health and Safety Code Section 17973, the following individuals are authorized to conduct these inspections:
- Licensed Architect: An individual licensed by the state to practice architecture.
- Licensed Civil or Structural Engineer: An individual licensed by the state as a civil or structural engineer.
- Licensed Building Contractor with 5 Years Experience: A licensed California contractor holding an "A" (General Engineering Contractor), "B" (General Building Contractor), or "C-5" (Framing and Rough Carpentry Contractor) license, provided they have at least five years of experience in constructing multistory wood-frame buildings.
- Certified Building Inspector: A building inspector certified by a recognized state, national, or international organization (such as the International Code Council), as determined by the property's local jurisdiction.
It's worth noting that while the original SB-721 law prevented a licensed contractor acting as the inspector from also performing the repairs, this restriction was removed by SB-607 in 2021. However, property owners should exercise prudence when considering hiring the same contractor for both inspection and repair services, as it could present a financial incentive for the contractor to identify a larger scope of work than may be necessary.
Qualified Professionals Under SB-326 (Condominiums and HOAs)
The requirements for qualified professionals are more stringent under SB-326, which applies to condominiums and other common interest developments. California Civil Code Section 5551 limits who can perform these inspections to licensed design professionals:
- Licensed Architect: An individual licensed by the state to practice architecture.
- Licensed Structural Engineer: An individual licensed by the state as a structural engineer.
The reason for this narrower scope of qualified professionals under SB-326 is that the law requires the inspector to stamp the inspection report. By stamping the report, the professional takes legal responsibility for the accuracy of the report according to the relevant codes and standards. Licensed contractors and certified building inspectors are not authorized to stamp such reports under this law.
Key Differences and Considerations
The primary difference in qualified professionals between SB-721 and SB-326 lies in the authorization for licensed contractors and certified building inspectors to perform inspections under SB-721, which is not permitted under SB-326. This distinction is tied to the requirement for the inspector to stamp the report under SB-326.
For property managers and building owners, understanding these requirements is the first step towards ensuring compliance. Regardless of which law applies to your property, selecting a qualified and experienced professional is paramount to obtaining an accurate assessment of your EEEs and ensuring the safety of your property. The expertise of the inspector in recognizing signs of deterioration, especially in concealed elements, is critical to effective risk management and compliance.