Are the Inspection Requirements the Same for Both Balcony Laws?
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California’s proactive stance on balcony safety is commendable, and its two flagship laws—SB 326 and SB 721—have made significant strides in preventing tragic accidents. However, for property owners and managers, understanding the specific requirements of each law can be a bit like navigating a complex maze.
While both laws mandate regular inspections of exterior elevated elements (EEEs) to ensure their structural integrity and safety, there are some key distinctions in their inspection requirements. Let’s unravel these nuances to equip you with the knowledge needed to make informed decisions for your property.
What Types of Buildings Fall Under Each Law?
SB 326: This law primarily governs condominiums and communities managed by homeowners’ associations (HOAs) with three or more attached units.
SB 721: This law primarily focuses on apartments and other multi-family dwellings with three or more units.
What EEEs Are Subject to Inspection Under Each Law?
Both SB 326 and SB 721 encompass a range of exterior elevated elements that require inspection, including balconies, decks, stairs, walkways, and their associated railings and waterproofing systems. However, there are subtle differences:
SB 326: Mandates the inspection of all EEEs, regardless of their construction material.
SB 721: Primarily focuses on EEEs supported wholly or in substantial part by wood or wood-based products. However, it also requires periodic inspections of other types of EEEs, albeit at a less frequent interval.
How Often Do Inspections Need to be Conducted?
SB 326: Requires inspections every nine years, with the first deadline being January 1, 2025.
SB 721: Mandates inspections every six years for wood-framed EEEs and every nine years for other types of EEEs. The initial inspection deadline for most properties was also January 1, 2025.
What is the Scope of the Inspection?
SB 326: Requires a “representative sample” (typically 15%) of each type of EEE to be inspected. The selection process must adhere to specific guidelines outlined in the law.
SB 721: Mandates a visual inspection of a “statistically significant sample” of the building’s EEEs. The exact number of EEEs inspected depends on the size of the building and the type of construction.
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Ensure the safety of your balcony and living space with DrBalcony - We're a Tech Engineering firm that specializes in California SB326 & SB721 balcony inspections. Over 300+ completed projects in California.
Request A Free EstimateClick To CallWho Can Perform the Inspections?
Both SB 326 and SB 721 stipulate that inspections must be conducted by qualified professionals, including:
- Licensed architects
- Licensed civil or structural engineers
- Certified building inspectors
- (For SB 721 only) Licensed general contractors with specific experience in balcony inspections
What Happens if Issues are Found During the Inspection?
Emergency Repairs: If an inspector identifies an imminent threat to the safety and well-being of residents, they must promptly report it to both the local building department and the HOA board or property owner. Emergency repairs must be undertaken immediately to mitigate the risk.
Non-Emergency Repairs: The inspection report will outline any necessary repairs, distinguishing between emergency and non-emergency issues. Non-emergency repairs typically have a specified timeline for completion, often within 120 days of the inspection.
Consequences of Non-Compliance
Failing to comply with SB 326 or SB 721 can result in:
- Significant fines: Local enforcement agencies can impose penalties of up to $500 per day, per violation.
- Legal liability: Property owners and HOAs can be held liable for injuries or damages resulting from non-compliant balconies or EEEs.
- Insurance implications: Non-compliance may lead to increased insurance premiums or even denial of coverage for balcony-related claims.
DrBalcony: Your Trusted Partner for Compliance
Navigating the complexities of SB 326 and SB 721 can be overwhelming, but DrBalcony is here to help. Our team of experts is well-versed in both laws and can conduct thorough inspections tailored to your property’s specific needs. We provide detailed reports, offer guidance on repairs, and help ensure your balconies and EEEs are safe, compliant, and worry-free.
Don’t leave compliance to chance. Contact DrBalcony today for a free consultation and let us help you navigate the inspection process with confidence.
Contact DrBalcony for a professional inspection!
Ensure the safety of your balcony and living space with DrBalcony - We're a Tech Engineering firm that specializes in California SB326 & SB721 balcony inspections. Over 300+ completed projects in California.
Request A Free EstimateClick To CallFAQ Section: Top Questions & Answers
My property is well-maintained. Do I really need SB-326/SB-721 inspections?
YES! Even with excellent maintenance, hidden issues can develop due to construction errors, material flaws, or severe weather exposure. Inspections are about ensuring those don’t turn into major problems.
Our balconies were inspected a few years ago – isn't that enough?
Unfortunately, no. California laws mandate inspections on a set schedule, often every 6 years. Deterioration can happen quickly, making regular assessments essential.
Can I use my regular handyman for the balcony inspection?
It’s not recommended. Unless they hold specific licenses (architect, structural engineer, etc.) their inspection won’t be considered valid for SB-326/SB-721 compliance.
What if the inspection uncovers major issues?
First, don’t panic! Early detection often means less extensive (and expensive) repairs are needed. Work with your inspector to prioritize fixes, and explore if they offer repair services for a streamlined solution.
I'm worried about the cost of inspections. Are there any resources to help?
Start by getting detailed quotes from multiple companies. Factor in that proactive inspections help you avoid even bigger costs down the line due to neglected problems. Some property management associations offer guidance on budgeting for balcony compliance.
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I started off by doing 1 inspection with them back in June because I knew it needed work done. Now, they’ve completed 2 of my properties and have 2 more inspections coming up this month. All great so far! They’re great at keeping me updated
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I would like to share the fact that this company has been extremely honest and helpful with this challenging project. Balcony and walk way repairs are very expensive, so you want the very best professionals next to you
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Greg was very helpful in explaining the entire process. They walked me through everything and helped me keep both of my properties in compliance!