SB 326 & SB 721 Exterior Elevated Element Inspections
California Balcony, Deck, Walkway & Exterior Stairway Safety Inspections
Jonathan J. McKim, Architect (JJMA) provides professional Exterior Elevated Element (EEE) inspection services for condominium homeowners associations, multifamily residential property owners, and property management companies throughout the San Francisco Bay Area.
California Senate Bills 326 and 721 established mandatory inspection requirements intended to identify potentially unsafe exterior elevated structures, particularly where wood-framed load-bearing components are vulnerable to concealed deterioration and moisture intrusion.
SB 326 — Condominium Associations
California Civil Code §5551
SB 326 generally applies to condominium buildings containing three or more multifamily dwelling units that are managed by homeowners associations.
The law requires inspection of qualifying exterior elevated elements, including associated waterproofing systems and load-bearing components.
Compliance deadlines:
Initial inspection: January 1, 2025.
Subsequent inspections: Every nine years.
Next regular cycle for properties inspected in 2025: 2034.
Qualifying inspections must be performed by a licensed architect or civil or structural engineer.
SB 721 — Multifamily Rental Properties
California Health and Safety Code §17973
SB 721 generally applies to buildings containing three or more multifamily dwelling units, including qualifying rental apartment properties.
Compliance deadlines:
Initial inspection: January 1, 2026.
Subsequent inspections: Every six years.
Next regular cycle for properties inspected in 2026: 2032.
The law permits inspections by specified qualified professionals, including California-licensed architects and engineers.
Certain newer buildings and other qualifying circumstances have different inspection timing requirements.
What Are Exterior Elevated Elements?
Qualifying elements may include:
Balconies and decks.
Exterior stairways and landings.
Elevated walkways and corridors.
Porches and entry structures.
Associated guardrails, supporting components, and waterproofing assemblies.
The statutory definitions generally concern structures with walking surfaces more than six feet above ground level that depend substantially on wood or wood-based structural components.
Not every balcony or elevated structure is subject to these statutes. Applicability depends on building classification, ownership, construction, and the characteristics of the element.
JJMA Inspection Services
JJMA provides:
Preliminary review of building information and statutory applicability.
Inventory and classification of qualifying exterior elevated elements.
Visual inspection and assessment of accessible components.
Evaluation of visible deterioration, moisture-related damage, and waterproofing conditions.
Coordination of additional investigation when concealed conditions warrant examination.
Photographic documentation and written inspection reports.
Recommendations for maintenance, repair, further evaluation, or immediate safety measures when warranted.
Where specialized testing, structural engineering, or invasive investigation is required, JJMA can coordinate with qualified consultants.
Inspection Sampling and Reporting
SB 326 and SB 721 establish different inspection and sampling requirements.
SB 721 generally requires inspection of at least 15% of each type of qualifying exterior elevated element.
SB 326 establishes a statistically based inspection methodology designed to provide a 95% confidence level with a margin of error of plus or minus 5%.
Reports document observed conditions, recommendations, and any identified safety concerns in accordance with the applicable statute.
Has Your Property Missed Its Deadline?
The initial statewide inspection deadlines for both programs have passed.
Property owners and associations that have not completed required inspections should promptly review their compliance status and arrange an inspection where applicable.
Request an EEE Inspection Proposal
JJMA welcomes inquiries from HOA boards, community association managers, apartment owners, and property management firms.
Contact JJMA with your property address, building type, approximate number of residential units, and available information about exterior balconies, decks, and walkways.
Regulatory references: California Civil Code §5551; California Health and Safety Code §17973.