It was September 2018 when California’s Governor at the time, Jerry Brown, signed SB721, the California Balcony Inspection Law. A similar law, SB326, applicable to condominiums, followed in 2019. So, why are we talking about these laws now? Because we’re just about six months away from the inspection deadline! If you’re a multi-unit property owner or you own a condo, it’s time to get acquainted with this law so you can make sure you’re compliant before accruing any costly fines.
The California Balcony Inspection Law Was Inspired by Tragedy
Before 2019, California law didn’t focus any specific attention on balconies, porches, decks, and the like. That all changed in 2015. The collapse of a balcony in Berkeley resulted in the deaths of six people, leaving another seven individuals injured. It seemed like a loss that could have been prevented. Thus, lawmakers were inspired to draft the California balcony inspection law, SB721, which sought to instate a legally required inspection for balconies, decks, porches, and even stairs of multi-family buildings of three or more units.
Details of SB721 and SB326
Per SB721, any exterior structures that are raised six feet from the ground or higher (officially known as Exterior Elevated Elements or EEEs) are subject to inspection by state law. Again, this applies only to multi-family buildings with three or more units. Inspections maintain a focus on sound structural integrity, assessing water damage, dry rot, and other compromising factors. Larger buildings enjoy some leeway in that a random sample inspection of 15% of each EEE type will suffice.
SB326 is similar to SB721, though it applies to condominiums as opposed to multifamily commercial properties. For any condominium conversion finished after January 1, 2019, the California balcony inspection law stipulates that the inspection must be completed before the close of escrow.
Moving the Deadline for the California Balcony Inspection Law
Initially, qualifying property owners under SB721 and SB326 would need to have their inspections completed by January 1, 2025. But on September 28, 2024, property owners got a reprieve when Governor Gavin Newsom signed AB2579. This bill extended the deadline by a year, so now all property owners have until January 1, 2026, to get their EEEs inspected by a professional. AB2579 also loosened the California balcony inspection law deadlines for properties that had been inspected within three years before the activation date of the law (January 1, 2019), with no new inspection necessary until January 1, 2026.
Who Can Conduct an Inspection?
Obviously, you can’t simply complete an EEE inspection yourself. If you’re a property owner with a property that qualifies under SB721, you’ll need to seek out a reputable inspector with an “A”, “B”, or “C-5” license and at least five years of related experience. They can be an architect, engineer, or general contractor. Likewise, for SB326, a licensed engineer or architect must be hired to conduct the required EEE inspection. If you need help finding a qualified inspector for a commercial property, JohnHart’s commercial real estate agents are always happy to help with a solid recommendation.
What to Expect from an SB721 or SB326 Inspection
The inspector will come out to the property and focus on any walkable, wood-based exterior structure that extends over six feet above the ground. This includes:
- Balconies
- Entryways
- Porches
- Railings
- Stairways
- Walkways
Per the California balcony inspection law, the licensed inspector will pay close attention to indicators of:
- Corrosion
- Cracking
- General hazards
- Missing pieces
- Rust
- Structural compromise
Some inspectors may also employ equipment such as moisture meters to thoroughly assess a structure’s integrity.
Upon completion of the inspection, the inspector needs to make all reports available to you. For condo owners, keep in mind that the inspector is legally obligated to report any safety issues to the local building authority. Property owners are responsible for bearing the cost of the inspection. However, there have been rare cases in which homeowners’ associations have opted to cover all or part of the cost, so condo owners may want to check their HOA’s regulations regarding SB326.
Repairs and Maintenance After Inspections
Even if your EEEs pass their inspections with flying colors, another round of inspections will be required in six years (and every six years afterward). But what if your EEE didn’t pass inspection? In cases where repair is needed, owners will have anywhere from 15 to 120 days to complete the repairs and restore the EEE to code. The window of time depends on the severity of the violation. However, if you exceed the allotted repair window, you could find yourself subject to costly daily fines and even a property lien.
If your repair requires a permit, you must apply for the proper permit within 120 days of receiving the inspection report. Upon permit approval, you’ll typically have 120 days to complete the repairs. However, the California balcony inspection law shouldn’t leave you in fear of financially crippling maintenance. In most cases, inspections will turn up minor issues, if any. An inspection may even help you develop a reasonable maintenance budget plan to address non-critical issues. However, it’s worth noting that your EEE inspector cannot conduct the repairs identified in the report.
Consequences of Ignoring the California Balcony Inspection Law
The California balcony inspection law holds stiff consequences for violators. For example, under SB721, failure to complete the legally required EEE inspection can result in consequences of up to a $500 fine per day. Likewise, failure to complete repairs within the allotted timeframe can cost up to $500 daily as well as a possible safety lien on the building. Inspectors are legally required to notify local building authorities in the event that repairs are not completed within a 180-day period.
Under SB326, on the other hand, a condo owner could find themselves on the hook for fees and liens from building departments. Consequences for missing an inspection deadline or neglecting repairs could include forfeiting insurance coverage.
Don’t Wait Until the Last Moment
Procrastination is a dangerous move when it comes to the California balcony inspection law. Waiting until the last minute could lead you to scheduling problems with available inspection companies, so it’s to your advantage to schedule your inspection as soon as possible.
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