California Balcony Inspections
Building safety standards covering decks and balconies.
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Using Business as a Force for Good.
The deadline to complete the first inspection is no later than January 1, 2026.
Are you required by California to inspect your exterior elevated elements?
Your Building
Does your building have residential living spaces?
Does your building have three or more dwelling units?
YES
YES
Does your building have wood-framed exterior elevated elements?
YES
Is your building classified as a Common Interest Developement?
Civil Code 4100
YES
NO
No inspections required*
NO
No inspections required*
NO
No inspections required*
NO
SB 721 Inspections Required
SB 326 Inspections Required
Tragedy Turned Into Law
A new legislation took effect in 2019 in response to the tragic loss of six UC Berkeley students who were gathered on a balcony that collapsed. An investigation found that the collapse resulted from dry rot due to inadequate construction and waterproofing, rather than the weight of the 13 students. Consequently, the Decks and Balconies Inspection law, or Exterior Elevated Elements (EEE) law, was created with Senate bills SB 721 and SB 326.
The objective of this legislation is to assess the overall safety and functionality of external elevated structures and their corresponding waterproofing components. The goal is to ensure that these elements are in a condition that poses no threat to the safety or well-being of the public or occupants.
The difference between SB 721 and SB 326 is who they affect and the frequency of mandated inspection.
SB 721
This bill adds safety to decks, balconies, and external elevated structures in multi-family residential units through inspections every six years. The inspections address structural integrity, flashings, and waterproofing of buildings with three or more units and two or more stories in height.
SB 326
Also known as the balcony inspection law, SB 326 requires inspections of condominiums or multi-family housing controlled by the residential homeowners’ associations (HOAs). This inspection is to ensure the safety of external elevated structures that are more than 6 feet off the ground and are constructed and supported by wood or wood-based products.
Which properties does this law apply to?
This law applies to all multi-family residential buildings in California with three or more dwelling units. Specifically, it covers buildings with exterior elevated elements that depend on wood structural support.
What are exterior elevated elements?
The SB 721 and SB 326 requirements apply to all exterior elevated elements defined as:
Weather-exposed (i.e., not interior)
Extended beyond exterior walls
Wood framed (not concrete or steel)
Designed for human occupancy or use
Located more than six feet above adjacent grade
Examples of exterior elevated elements:
What are the main objectives of the inspection?
Balconies
Decks
Porches
Stairways
Walkways
Entry structures
Identify deterioration due to fungal decay or insect infestation.
1
If fungal decay or insect infestation is present in wood framing, attempt to locate the water source.
3
Check if the extent of deterioration is serious enough to weaken the structural components supporting exterior elevated elements.
2
Remediate deficient components.
4
The first safety inspection must be completed no later than January 1, 2026, and subsequently every nine years for SB 326 and every six years for SB 721.
Contact
Account Manager, Structural Engineering
Lacy Williams, PE
Load-bearing components refer to parts of a structure that go beyond the outer walls of a building and are responsible for supporting the weight of elements like decks, balconies, stairways, walkways, and their railings. These elements have a walking surface elevated more than six feet above ground level, are intended for human use, and rely significantly on wood or wood-based materials for support.
Waterproofing systems associated with exterior elevated elements include components such as flashings, membranes, coatings, and sealants. These elements play a crucial role in safeguarding the load-bearing components from being exposed to water.
The balconies in your building were built in conformance with the Building Code requirements, which were in effect during the original construction. The purpose and intent of the Building Code has always been life safety. To ensure that the structural integrity of balcony supports remains intact over time, the Exterior Elevated Elements Inspection Program (EEE) mandates regular inspections for all balconies.
Newly constructed residential buildings are exempt from the inspection certification requirements for a period of three years following the issuance of the Certificate of Occupancy.
On September 17, 2018, California Governor Jerry Brown signed into law SB 721, and on August 30, 2019, California Governor Gavin Newsom signed into law SB 326.
Under SB 326, the law mandates inspecting a statistically significant sample to achieve 95% confidence, with a margin of error no greater than plus or minus 5%.
In contrast, SB 721 only requires 15% of each Exterior Elevated Element to be inspected. 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 and the governing law. Elements are selected randomly using a validated random selection process.
If the framing elements are visible and can be reached easily, there may be no need for a destructive investigation. However, if the framing is hidden, the licensed professional might have to create openings in the soffits, other exterior finishes, and potentially interior finishes to reveal the framing elements and evaluate their condition.
Property owners may wish to consider installing vents or access panels where the investigative openings were made during the initial inspection(s). Having access panels or vents in place facilitates future inspections, making them more straightforward. It is important to note that obtaining a permit may be necessary for this work.
Yes, inspection requirements still apply if the exterior elevated wood-framed deck, balcony, landing, stairway system, or walkway is exposed to the weather from any side. This includes if the rain can fall upon the surface, or if the moisture can accumulate on the surface or at the joints or intersections.
SB 326 and SB 721 require an evaluation of the associated waterproofing systems. Water intrusion is a leading factor in the degradation and damage of wood-based products, and this becomes significant when it affects the structural components of an Exterior Elevated Element. A key factor in the Berkeley collapse that precipitated the passage of the SB 326 and SB 721 legislation was unmitigated water intrusion and decay of the structural members of the deck. For context, that deck was merely five years old.
The process involves assessing Exterior Elevated Elements based on their type and construction. For open-framed elements, the inspection is primarily visual but also includes using a moisture reading probe. In the case of closed soffit elements, the soffit needs to be penetrated in each joist bay at both outboard and inboard locations to evaluate concealed structural elements.
This penetration is carried out using a high-definition borescope. The number of inspection portals depends on the size of the element. While the standard portal size is approximately one inch wide, if the soffit lacks ventilation, there's an option for a larger portal with venting.
The law only sets the minimum number of Exterior Elevated Elements to be inspected, not the maximum. Both the local jurisdiction and the association board may impose greater requirements.
This bill requires inspections to be completed by a licensed architect, licensed civil or structural engineer, a building contractor holding specified licenses, or an individual certified as a building inspector or building official.
FAQ
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