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Frequently Asked Questions
Your Guide to SB326 & SB721 Compliance. All your questions answered by our engineering experts.
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General Information

Do all dwellings need to be inspected?

No, not all dwellings require a balcony inspection, but if your property falls under certain categories, it’s mandatory.

  • SB721 applies to multi-family residential buildings with 3 or more units.
  • SB326 covers condominium complexes managed by HOAs.

If you own a single-family home or duplex that isn’t part of an HOA, you’re exempt. For everyone else, a regular balcony inspection isn’t just a legal requirement—it’s a smart investment in safety.

All structures elevated more than 6’ above the ground and made from wood, or wood-based elements must be inspected, including:

  • Porches
  • Stairways
  • Walkways
  • Decks
  • Elevated entry structures
Why should I work on this now? The deadline is Jan 1,2025, I still have time.

With the first compliance deadline set for January 1, 2025, it’s tempting to wait. But acting early has its advantages:

  1. Avoid Last-Minute Chaos: Inspectors’ schedules fill up fast as deadlines approach.
  2. Plan for Repairs: If issues are uncovered during your balcony inspection, you’ll need time to address them.
  3. Save Money: Early detection of minor issues can prevent major, costly repairs.
  4. Stay Compliant: Procrastination can lead to non-compliance penalties, and no one wants that stress.

The sooner you schedule your balcony inspection, the more time you’ll have to ensure everything is up to standard.

Who can perform an SB721 Inspection?

Not just anyone can conduct a balcony inspection. You’ll need a qualified professional, such as:

  • A licensed structural engineer or architect.
  • A certified building inspector.
  • A licensed contractor experienced in exterior elevated elements (EEEs), (A, B, or C-5) with at least 5 years’ experience constructing multistory wood frame buildings.

Ensure that whoever you hire understands California’s specific balcony inspection laws and has a track record of reliable, thorough work.

What happens if the inspection uncovers needed repairs?

Repairs classified as “immediate action required” represent a real and present risk to life and safety. If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.

At that point, the building owner must inform tenants and prevent access to the area if needed.

The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.

Do we have to inspect all the exterior elevated elements at our property?

Not always. During a balcony inspection, professionals often inspect a representative sample of balconies, decks, and other elevated structures.

If the sample reveals widespread issues, the inspector may recommend a more comprehensive evaluation. It’s about ensuring safety without unnecessary disruptions.

The law requires inspection of at least 15 percent of each type of Exterior Elevated Element. This means not all elements will be inspected and the number of elements inspected will vary based on the total number of elements at each community. Elements are selected randomly using a validated random selection process. SB326 requires 95% of all exterior elevated elements to be inspected.

How often do we have to do these inspections?

Frequency depends on the law governing your property:

  • SB 721: Inspections are required every 6 years for apartment buildings.
  • SB 326: Inspections for condominiums must be conducted every 9 years, with the first inspection required by January 1, 2025.

Staying on schedule not only ensures compliance but also helps catch and resolve issues before they escalate.

Who selects which exterior elevated elements are inspected?

The decision is typically made by the licensed professional conducting the inspection. They’ll identify a sample of balconies and other EEEs based on:

  • The property’s size and layout.
  • The condition of the structures.
  • Areas showing visible signs of wear or damage.

Their goal is to provide an accurate assessment while minimizing disruption.

What does the inspection report include and who receives the report?

Based upon the inspections, the inspector shall issue a written report containing the following information for each inspected element:

  1. The identification of the building components comprising the load-bearing components and associated waterproofing system.
  2. The current physical condition, including whether the condition presents an immediate threat to the health or safety of the occupants.
  3. The expected future performance and projected service life.
  4. Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

The written report must be presented to the Owner of the building within 45 days of completion of the inspection. If the inspector advises that the Exterior Elevated Element poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, then the report shall be provided by the inspector to the Owner of the building and to the local enforcement agency within 15 days of completion of the report.

What happens if I don’t address SB721 & SB326?

Skipping a required balcony inspection can have serious consequences:

  1. Fines and Legal Penalties: Non-compliance can lead to hefty fines or lawsuits if an incident occurs.
  2. Costly Repairs Later: Minor issues can become major (and expensive) problems if left unaddressed.
  3. Tenant Safety Risks: Ignoring inspections puts tenants at risk, damaging your reputation and liability exposure.
  4. Insurance Issues: Non-compliance could lead to higher premiums or denied claims.

Avoiding a balcony inspection might save time now, but it’s a costly gamble in the long run.

Under the new bill, penalties of $100-$500 per day will be assessed for non-compliant facilities. If a civil fine or penalty has been assessed, the local jurisdiction also reserves the right to enforce a safety lien against the facility. If a building owner refuses to pay the fines issued against them, the local jurisdiction can seek to satisfy the lien through foreclosure.

DrBalcony

What is the payment process after signing a contract with your company?

We can proceed to schedule your service. We will then provide you with a specific date for an inspection. Following the completion of this inspection, an invoice will be dispatched to you.

After signing a contract with our company for your balcony inspection, the payment process is simple and transparent. Typically:

  1. Initial Deposit: A deposit is required at the time of contract signing to secure your inspection date.
  2. Final Payment: The remaining balance is due upon completion of the inspection or delivery of the inspection report, depending on the terms outlined in your agreement.

We offer flexible payment methods, including credit cards, bank transfers, and checks, ensuring a hassle-free process for property owners.

When can I expect to receive the report after an inspection, and what conditions must be met?

The timeline for receiving your balcony inspection report usually depends on the size of the property and the complexity of the findings. For most projects:

  • Reports are delivered in maximum 45 days after the inspection.
  • Larger or more complex properties may require up to 10 business days.

Conditions that must be met include:

  • Full Access to Balconies: To ensure a thorough inspection, all areas of the property must be accessible on the scheduled date.
  • Completion of the Inspection: The full inspection process must be completed, including any additional sampling or testing required.
    Prompt delivery of the report ensures you can address any issues or repairs without unnecessary delays.

Do you employ infrared or moisture meters during inspections, or do you solely rely on drilling holes for borescope assessments?

Our balcony inspection process combines advanced technology with traditional methods to provide the most accurate results. Depending on the property and its condition, we may use:

  • Infrared Thermography: To detect hidden moisture or temperature changes that indicate potential damage.
  • Moisture Meters: To identify areas with high moisture content, which can lead to structural issues like rot or rust.
  • Borescope Assessments: In cases where more in-depth analysis is required, we may drill small, minimally invasive holes to examine concealed areas.

This multi-faceted approach ensures that we deliver a thorough and reliable evaluation of your balconies and exterior elevated elements.

What is the relationship between EEEAdvisor and DrBalcony?

Yes, EEEAdvisor and DrBalcony are indeed part of the same organization. To clarify, ‘EEEAdvisor’ is our official legal name that we use for formal purposes. On the other hand, ‘DrBalcony’ is our Doing Business As (DBA) name, which we commonly use in our day-to-day operations and interactions with clients.

Could you provide a detailed explanation of how you determine the cost for each building inspection?

The cost of a balcony inspection is determined by several factors unique to each property. Here’s a breakdown of what we consider:

  1. Number of Units and Balconies: The more units and exterior elevated elements to inspect, the higher the cost due to increased time and resources.
  2. Building Size and Complexity: Larger buildings or those with intricate designs may require additional inspection time and specialized equipment.
  3. Location: Properties in harder-to-reach or remote areas may incur travel-related costs.
  4. Inspection Scope: If additional services like moisture testing or borescope assessments are needed, this will affect the overall price.
  5. Condition of the Property: Buildings with visible damage or previous compliance issues may require more thorough inspections, increasing the cost.

We provide transparent quotes tailored to each building, ensuring you know exactly what to expect with no hidden fees. For a personalized estimate, reach out to us today!

SB 721 California
Can you explain what SB721 is and the reason for its introduction?

Senate Bill No. 721, also known as SB721, was passed in California to address safety concerns regarding exterior elevated elements in buildings with three or more multifamily dwelling units. The bill, approved on September 17, 2018, introduces requirements for inspections and maintenance to ensure the safety of balconies and decks.

This law significantly impacts how city inspectors conduct balcony inspections. Its primary purpose is to simplify the process for homeowners, landlords, and tenants to verify the safety of their balconies through regular inspections.

The motivation behind this legislation stems from a tragic incident at UC Berkeley, where a balcony collapse resulted in the unfortunate loss of six students’ lives.

What impact does this have on you as a property owner?

As a property owner, SB721 directly impacts your responsibilities and how you manage your building. Here’s what it means for you:

  1. Legal Compliance:

    • You are required to inspect all exterior elevated elements that are designed to support a live load (such as balconies and decks).
    • Inspections must be completed every six years, with the first deadline typically dependent on your property’s location and previous inspection dates.
  2. Financial Responsibility:

    • If issues are identified, you’ll be responsible for repair costs, which could range from minor fixes to major structural overhauls.
    • Ignoring inspections or repairs could lead to hefty fines, lawsuits, and even tenant displacement in severe cases.
  3. Liability Protection:

    • Ensuring your balconies and other elevated structures are safe protects you from legal liability if an accident occurs.
    • A certified inspection report shows tenants and potential buyers that you’re proactive about property safety.
  4. Long-Term Savings:

    • Regular inspections catch small problems early, reducing the likelihood of costly repairs in the future.
    • Complying with SB 721 helps maintain and even enhance your property value.
What are the requirements and procedures for SB721 regarding the inspection and maintenance of balconies and other elevated elements?

The primary goal of SB-721 is to ensure the safe installation and upkeep of balconies, decks, and similar elevated structures, thereby minimizing the risk of structural failure and potential injuries. 

The inspection should be carried out by a qualified professional, such as an architect, civil or structural engineer, or a B/C5 General contractor. They will use approved visual and non-destructive testing methods during the inspection process.

The inspection involves a comprehensive visual examination of all components, testing the railing system, and checking for signs of corrosion. If any damage or corrosion is detected, it should be documented, and necessary repairs should be suggested.

Following the inspection, the results must be reported to the local jurisdiction, along with any proposed repairs or improvements. Depending on the severity of the issues found, owners will have between 15 to 120 days to address any recommended repairs, whether they are emergency or non-emergency.

It’s important to note that the contractors who perform the inspection cannot also carry out the repairs for the same building. Within 120 days of receiving the inspection report, building owners are required to apply for non-emergency repair permits. Once these permits are granted, the owner has another 120 days to complete the repairs.

Inspections are mandatory for any external building element that is six feet or higher from the ground. This includes walkways, balconies, decks, landings, stairways, and railings. Buildings that require this inspection are those containing three or more units and are at least two stories high.

Should I be concerned about the safety of my balcony?

Yes, you should absolutely be concerned about the safety of your balcony—especially if your property hasn’t undergone a recent balcony inspection. Here’s why:

  1. Hidden Risks:
    Balconies and decks may look fine on the surface, but underlying structural issues like wood rot, water damage, or rusted fasteners can compromise their integrity.

  2. Environmental Factors:
    California’s climate, with its mix of sun, rain, and humidity, can cause gradual wear and tear on balcony materials, particularly wood and metal.

  3. Compliance with SB 721:
    If your property falls under SB721, a balcony inspection isn’t optional—it’s required by law. Skipping inspections could lead to fines or worse, potential safety hazards for tenants.

  4. Preventing Accidents:
    Regular inspections can catch problems before they escalate, ensuring your balconies are safe for tenants and guests. This proactive approach not only reduces liability but also demonstrates that you take property management seriously.

  5. Cost Savings:
    Addressing small issues now (e.g., sealing cracks, replacing damaged wood) is much more affordable than dealing with a major structural failure down the line.

If you have concerns about the condition of your balcony, scheduling an inspection with a qualified professional, such as DrBalcony, is the best course of action. This will provide peace of mind by confirming that your balcony is safe!

SB 326 California
Can you explain what SB 326 is and the reasons behind its introduction?

SB326, also known as the Balcony Bill, is a California law that requires regular inspections of Exterior Elevated Elements (EEEs), such as balconies, decks, stairways, and walkways, in HOA-managed condominium complexes. Signed into law in 2019, it aims to ensure the safety and structural integrity of these elevated structures, which are often exposed to environmental stressors like moisture, sunlight, and temperature changes.

The law was introduced in response to incidents like the 2015 Berkeley balcony collapse, which tragically killed six people and injured others. Investigations revealed that severe wood rot and moisture intrusion, which went unnoticed over time, caused the balcony to fail. SB 326 was created to prevent similar tragedies by mandating regular inspections to identify and address potential issues before they escalate into life-threatening hazards.

Can you explain the key requirements of SB-326?

SB 326 mandates that Homeowners Associations (HOAs) must conduct thorough inspections by January 1, 2025, and at least once every nine years following. These inspections should be performed by licensed professionals such as structural engineers, architects, general contractors, or certified building inspectors.

The focus of these inspections is on all exterior elevated elements (EEEs) that are 6 feet or more off the ground, including their waterproofing systems. The inspected sample should be “statistically significant” to ensure a comprehensive review.

If the inspection reveals any immediate threats to life and safety, these findings must be reported promptly to both the city building department and the HOA board.

Following the inspection, the inspector is required to prepare a detailed report, complete with repair recommendations. This report must be signed by the inspector and presented to the HOA board. The board is then responsible for budgeting for and completing any necessary repairs based on the report’s findings.

What might happen if I don't follow the rules set by the SB326 Balcony Bill?

Not adhering to the SB326 Balcony Bill can lead to serious consequences. This bill mandates that all balconies, decks, and stairs on homes or buildings of two or more stories must have sturdy railings that are at least 36 inches high from the surface of the balcony or deck.

If these safety standards aren’t met, a building owner or homeowner could face hefty fines or even criminal charges.

Moreover, if any injuries or fatalities occur on the property due to non-compliance, a landlord may be held responsible. Therefore, it’s crucial to abide by this law to ensure everyone’s safety.

Can you explain the procedures followed during an SB-326 inspection?

The SB326 inspection process is thorough and designed to identify both visible and hidden structural deficiencies. Here’s how it typically works:

1. Initial Consultation and Planning:

  • The HOA board schedules the inspection with a licensed structural engineer or architect.
  • The inspector reviews property plans to identify the EEEs requiring evaluation and selects a representative sample of these structures for inspection.

2. Visual Assessment:

  • The inspector conducts a visual examination of balconies, decks, and other elevated structures to identify visible signs of wear, such as cracks, water damage, or loose connections.

3. Advanced Tools and Techniques:

  • Depending on the property’s condition, the inspector may use tools like:
    • Moisture Meters: To detect water intrusion.
    • Infrared Cameras: To identify hidden damage.
    • Borescopes: For minimally invasive examination of concealed areas like support beams and joints.

4. Sampling and Testing:

  • If necessary, small samples of wood, concrete, or metal may be collected for further analysis to detect rot, corrosion, or material deterioration.

5. Detailed Reporting:

  • After the inspection, the inspector provides a comprehensive report, including:
    • The condition of inspected elements.
    • Photos of deficiencies.
    • Recommendations for repairs or maintenance.
  • The HOA board is responsible for retaining the report and acting on its findings.

6. Follow-Up and Repairs:

  • If the report identifies deficiencies, the HOA must:
    • Schedule repairs with licensed contractors.
    • Conduct follow-up inspections to ensure the repairs meet safety and compliance standards.
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Contact DrBalcony for EEE Inspection Services today!

Get your instant balcony inspection quote now for California compliance (SB-326, SB-721) and protect your home and residents.
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