California Balcony Inspection Laws: SB 326 & SB 721

If you own or manage a multifamily property you’ve probably heard about the so-called “balcony inspection bill”. So just what are SB721 and SB326?

Senate Bill 721, now found within California Health and Safety Code Section 17973, was signed into law in 2018 and applies to apartments with three or more attached units. Senate Bill 326, now found within California Civil Code Section 5551, was signed into law in 2019 and applies to community associations or condominiums with three or more attached units.

Both laws mandate the inspection of the wood-framing components that support balconies, decks, elevated walkways and landings. 

The bills were passed into law on January 1, 2020.  The deadline for inspection is January 1, 2025 and every 9 years thereafter.

The passing of SB721 and SB326, referred to as “the balcony inspection laws”, was prompted by the collapse of a cantilevered balcony in Berkley, California in which six college students lost their lives in 2015.

The balcony that collapsed at the Library Gardens apartment building had suffered from years of water intrusion that caused the wood framing to suffer from dry rot, eventually causing the collapse.

The investigation that followed revealed that the ownership and management had ignored “red flags” from tenants that reported issues like mushrooms growing on the surface, and tilting/sinking of the balcony.

Balcony inspections need to be performed by Licensed Structural Engineers and are only limited to certain exterior elements. For example, the inspection will disregard any foundation, roof, or driveway issues, and will only focus on exterior walkways, balconies, and decks.

Here are some of the inspection requirements as detailed by SB721 and SB326:

• SB 326 mandates that a structural inspection of balconies, walkways, and decks be conducted every 9 years and the HOA’s reserve study be updated according. A reserve study is an analysis of the cash assets available for capital improvement of the property.
• A reasonably competent and diligent visual inspection of exterior elevated elements, defined as the load-bearing components and associated waterproofing systems, as specified, to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with applicable standards.”
• The inspector’s report must be stamped or signed and included in the association’s reserve study. The reports generated must be preserved in the association’s records for a period of at least two inspection cycles.
• The useful life of the deck, balconies, and walkways be assessed and reported to the HOA along with any repair/replacement recommendations.
• A cost assessment must be performed and reported so that the appropriate amount of cash reserves is allocated to the required improvements.
• The inspector must provide a report to the board of the association specific information, including the current physical condition and remaining useful life of the load-bearing components and associated waterproofing systems.
• The bill would require the inspector to provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report, if, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants. 
• Call out the specification for an approved waterproofing system that protects load-bearing components in the area(s) to be repaired or replaced.