California Senate Bills 721 and 326, both passed in 2018, were created to address the safety of elevated exterior elements such as balconies, decks, stairways, and walkways on multi-family residential and certain commercial buildings. These laws arose after a tragic balcony collapse in Berkeley in 2015, highlighting the need for more stringent safety regulations and regular inspections of such structures.
These laws mandate periodic inspections of these structures to ensure they remain safe for use, particularly focusing on wood-based components that may be susceptible to water intrusion, decay, and other damage over time. The main goal is to prevent accidents like the Berkeley collapse by ensuring structural integrity and public safety. While SB 721 primarily applies to buildings with three or more multifamily units, SB 326 is more focused on condominiums governed by Homeowners Associations (HOAs). Both laws affect property owners, managers, and HOAs, and they outline specific procedures and timelines for inspections and repairs.
History of SB 721 and SB 326
The catalyst for SB 721 and SB 326 was a tragic event that occurred on June 16, 2015, in Berkeley, California. A fifth-floor balcony at a student housing complex collapsed, resulting in the deaths of six people and serious injuries to seven others. Most of the victims were Irish students visiting the U.S. as part of a summer work exchange program. Upon investigation, it was found that the balcony was structurally unsound due to extensive dry rot caused by water intrusion. The wooden beams supporting the balcony had been compromised, leading to the collapse.
This incident sparked widespread concern about the safety of exterior elevated elements (EEEs) in California’s buildings, particularly those made of wood, which is vulnerable to decay and rot if not properly constructed or maintained. In response, lawmakers introduced SB 721 and SB 326 to establish formal inspection processes for these structures, with the hope of preventing similar tragedies in the future.
SB 721: Who It Affects and What It Requires
Scope and Applicability
SB 721, also known as the “Balcony Bill,” applies to buildings with three or more multifamily units, including apartment complexes and certain mixed-use buildings. The law is designed to ensure that exterior elevated elements, particularly those that are made of wood, are regularly inspected for structural integrity.
Key Structures Covered:
- Balconies
- Decks
- Porches
- Stairways
- Walkways
- Landings
- Platforms
The law targets structures that rely on wood-based load-bearing components and are exposed to weather, which can cause water damage and lead to decay or dry rot over time.
Inspection Requirements
Under SB 721, inspections must be conducted at least once every six years by a qualified professional such as a licensed architect, structural engineer, or general contractor with appropriate experience in inspecting wood-framed buildings.
The initial inspection must occur by January 1, 2025, giving building owners ample time to comply with the law. During inspections, the professional must assess the structural integrity of the wood-based load-bearing components of balconies and other elevated elements. This typically involves:
- Visual inspections
- Moisture level testing
- Sampling or probing of wood to assess for rot or damage
- Evaluating any signs of water intrusion, fungal growth, or pest damage
Who Pays for the Inspection?
In the case of SB 721, the cost of the inspections is borne by the property owner. The owner is also responsible for ensuring timely repairs if any issues are found during the inspection.
SB 326: Focus on Homeowners Associations (HOAs)
Scope and Applicability
SB 326 applies to condominiums and other multi-family residential buildings governed by Homeowners Associations (HOAs). The law requires regular inspections of balconies, decks, and other exterior elevated elements that are part of common interest developments (CIDs). This law is particularly important for buildings where maintenance responsibility is shared among property owners through an HOA.
Inspection Requirements
Under SB 326, inspections must be conducted every nine years, and the first inspection must be completed by January 1, 2025. Like SB 721, these inspections must be performed by a qualified licensed professional.
The law focuses on the same type of structures as SB 721—balconies, decks, walkways, and stairs—and requires inspections of any wood-based load-bearing components. HOAs are responsible for organizing and funding these inspections, and they must report the findings to their members.
SB 326 also mandates that if any damage or structural issues are found, the HOA must immediately take steps to make necessary repairs. This law helps ensure that not only are inspections happening, but that there is a clear plan for addressing any problems.
What Happens If Repairs or Violations Are Found?
Both SB 721 and SB 326 outline specific procedures that must be followed if an inspector finds deficiencies or violations during an inspection.
1. Notification
Once the inspection is completed, the licensed professional must provide a detailed report of their findings. This report will either confirm that the elevated structures are safe or outline any issues found, such as decay, rot, or damage.
If the inspector finds that repairs are necessary, they must notify the property owner or HOA in writing. The report should detail:
- The nature and extent of the damage or violations
- Any specific elements that are at risk of failure
- Recommended repairs to restore structural integrity
For SB 326 inspections, the HOA must report the findings to all members of the association.
2. Timeline for Repairs
Both SB 721 and SB 326 require that repairs be made promptly, though they allow some flexibility in terms of timing depending on the severity of the issues found. If the inspector finds that the elevated element is at immediate risk of collapse or failure, emergency repairs must be made right away to prevent further danger.
- Immediate Danger: If the structural integrity is compromised to the point of being dangerous, the property owner or HOA must take action to either repair or replace the damaged elements as soon as possible, often within 120 days of receiving the inspection report.
- Non-Emergency Issues: If the issue is less severe and doesn’t pose an immediate danger, property owners may have more time to complete repairs. In most cases, repairs must be completed within 180 days of the inspection.
If repairs are not made within the given timeframe, local building officials may issue fines or other penalties. They also have the authority to mandate that the structure be taken out of use until repairs are completed to prevent accidents.
3. Re-Inspection
Once repairs are completed, a re-inspection must be carried out to verify that the work has been done correctly and the elevated element is now safe. If the repairs meet the required standards, the property will be cleared, and no further action will be necessary until the next regular inspection.
Why These Laws Are Important
The collapse of the balcony in Berkeley served as a grim reminder of the importance of proper construction and maintenance of elevated structures. Both SB 721 and SB 326 aim to safeguard the residents and visitors of multi-family dwellings by creating a regular inspection cycle that allows for early detection and repair of structural issues.
These laws also emphasize accountability. By requiring licensed professionals to conduct inspections and by holding property owners and HOAs responsible for repairs, California is working to ensure that tragedies like the Berkeley balcony collapse do not happen again. The requirements for periodic inspections ensure that wear and tear, water damage, and decay are caught early before they lead to catastrophic failures.
Moreover, these laws serve as a model for proactive safety regulations. Regular inspections and maintenance of exterior elevated elements in multi-family housing help protect residents and visitors while providing clear guidelines for owners and HOAs to maintain their properties in a safe condition.
Conclusion: Understanding SB 721 and SB 326
SB 721 and SB 326 are critical pieces of legislation designed to protect public safety by ensuring the regular inspection and maintenance of exterior elevated elements in multi-family buildings across California. These laws arose in response to the tragic 2015 Berkeley balcony collapse, with the goal of preventing similar incidents in the future.
By mandating inspections every six to nine years, depending on the type of property, these laws require property owners and HOAs to address any structural deficiencies in a timely manner. If violations or issues are found, repairs must be made promptly, ensuring that buildings remain safe for residents and visitors alike. Both SB 721 and SB 326 reflect California’s commitment to proactive safety and the long-term maintenance of its building infrastructure.
We understand that navigating SB 721 and SB 326 compliance can be overwhelming, especially when repairs are required. That’s why our team at Ingenuity Construction Group has streamlined our process to make it as straightforward as possible. Visit our SB 721 and SB 326 Balcony Repair page for more information.
Frequently Asked Questions
Under SB 721, the property owner of the multifamily residential building is responsible for covering the costs of the required inspections. For SB 326, in condominium or common interest developments, the Homeowners Association (HOA) is responsible for organizing and paying for inspections. These costs are often passed on to residents through HOA fees or other assessments.
Failure to comply with either SB 721 or SB 326 can result in penalties. Local building officials can issue fines, impose code enforcement actions, or, in extreme cases, deem the building unsafe for occupancy until repairs are completed. In situations where a structure poses an immediate danger, authorities may require immediate remediation or evacuation until repairs are made.
Yes, inspections under SB 721 and SB 326 can reveal previously undetected problems such as hidden water damage, dry rot, or structural issues within the wood framing. Inspectors may use tools like moisture meters and wood probes to detect internal decay that is not visible from the exterior. Property owners and HOAs should be prepared to address any issues that arise promptly to avoid further damage or potential liability.
Under SB 721, inspections of exterior elevated elements must occur at least once every six years. For buildings covered by SB 326 (typically those governed by an HOA), inspections are required every nine years. Both laws require the first inspection to be completed by January 1, 2025, so building owners and HOAs should plan accordingly.
If you notice any signs of damage, such as water intrusion, rotting wood, or unusual sagging, it’s important to address the issue immediately, even if the next scheduled inspection is years away. Delaying repairs could compromise the structural integrity of the elevated structure and lead to more extensive damage or even collapse. Contact a our team or a local licensed contractor or structural engineer to assess and repair the damage as soon as possible.