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SB721 and SB326 Explained: How to Stay Compliant in 2025

Updated: Dec 27, 2024

California has some of the nation’s strictest laws for safeguarding exterior elevated elements (EEEs) like balconies, decks, and walkways. Two pivotal pieces of legislation—SB721 and SB326—lay down the rules for regular inspections, addressing both multifamily apartment buildings and condominiums or common interest developments (CIDs). As we approach 2025, understanding these laws is crucial for property owners, managers, and even tenants who want to avoid hefty fines, ensure structural integrity, and maintain resident safety.


In this comprehensive blog, we’ll explore SB721 and SB326 in detail, highlight their similarities and differences, and share practical tips on spotting early warning signs of balcony or deck deterioration. Whether you’re a homeowner, landlord, or HOA board member, this guide will help you navigate compliance confidently while keeping your building’s exterior structures secure.


SB721 and SB326 Explained

Before diving into the specifics of SB721 and SB326, let’s grasp why they exist. High-profile accidents involving balcony collapses in recent years have underscored the dangers of neglected EEEs. These incidents, which led to injuries and even fatalities, prompted California lawmakers to introduce measures ensuring regular inspections and repairs of balconies, decks, stairways, and other load-bearing structures.

  1. Public SafetySB721 and SB326 aim to protect building occupants from structural failures caused by rot, rust, or design flaws. Regular inspections and repairs reduce the risk of tragic incidents.

  2. Regulatory ComplianceNon-compliance can lead to fines, legal liabilities, and in worst cases, closure of unsafe structures. Understanding the laws helps property owners avert these consequences.

  3. Long-Term Property ValueWell-maintained exterior elements aren’t just safe; they also enhance the overall value and aesthetics of multifamily properties and condominiums. Preventive measures ensure fewer expensive repairs down the line.

Quote from a Structural Engineer:“SB721 and SB326 both prioritize proactive measures. The laws focus on early detection, rather than waiting for catastrophic failures to reveal hidden issues.

SB721 vs. SB326: Key Differences and Similarities

While SB721 and SB326 share the same fundamental goal—safer balconies and decks—they apply to different property types and have unique inspection timelines.

Aspect

SB721

SB326

Target Properties

Apartment Buildings (3 or more units)

Condominiums & Common Interest Developments (CIDs)

Initial Compliance Deadline

Varies, typically with a multi-year window; check local updates

At least once every 9 years, aligned with HOA reserve study cycle

Inspection Frequency

Every 6 years after the first inspection

Every 9 years after the initial inspection

Inspector Qualifications

Licensed professionals (engineers, architects, or contractors)

Must be a licensed architect or structural engineer

Scope of Inspections

Focus on load-bearing components and waterproofing

Similar scope, with emphasis on structural integrity and HOAs’ obligations

Similarities:

  • Both laws mandate periodic inspections of exterior elevated elements.

  • Inspections must be conducted by qualified professionals (though SB326 is stricter in requiring architects or structural engineers).

  • Owners or HOAs must address identified problems promptly to remain compliant.


Balcony and Deck Inspection 101: Early Warning Signs

Even if you’re not a structural expert, being vigilant can help you detect potential problems before they escalate. Here are some early warning signs of structural issues that tenants and owners can watch out for:

  1. Visible Cracks

    • Wooden Structures: Large splits or cracks in beams, joists, or posts suggest rot or overloading.

    • Concrete Balconies: Hairline cracks may be normal, but deep or expanding cracks warrant professional assessment.

  2. Moisture and Mold

    • Damp spots, peeling paint, or a musty odor often indicate water intrusion, leading to wood rot or rust on metal components.

  3. Rust and Corrosion

    • Rusted brackets, screws, or metal fittings weaken the integrity of balconies and decks over time.

  4. Sinking or Sagging

    • Noticeable dips in the floor could mean compromised load-bearing elements. Prompt evaluation prevents further stress on structural supports.

  5. Loose or Wobbly Railings

    • A slight push or lean test can reveal instability. Railings should be firm and at code-compliant heights to ensure safety.

Case Study:A Los Angeles apartment owner noticed rust around the metal connectors on multiple balconies. Early professional inspection revealed widespread water damage hidden beneath the surface, avoiding a possible collapse. By acting quickly, they minimized repair costs and complied with SB721 well before the deadline.

Implementing a DIY Checklist to Catch Issues Early

While professional inspections are crucial for SB721 and SB326 compliance, property owners and tenants can proactively monitor for obvious red flags. Here’s a quick DIY checklist:

Item

What to Look For

Beams & Posts

Cracks, splits, soft spots, or visible decay

Metal Connectors

Rust, corrosion, loose or missing fasteners

Decking & Surface

Warping boards, protruding nails, excessive mold or mildew

Railing Systems

Stability, adequate height, securely fastened components

Waterproofing & Sealants

Peeling paint, cracked caulking, pooling water

Stairs & Walkways

Wobbly steps, uneven surfaces, rusted metal frames

Remember: If you spot any concerning signs, consult a licensed inspector for a thorough evaluation. These routine DIY checks complement, but do not replace, mandated professional inspections under SB721 and SB326.


Getting Ready for 2025

  1. Schedule Early

    • With deadlines approaching, professional inspectors can get booked quickly. Plan appointments months ahead to avoid rushing or missing mandatory timelines.

  2. Select the Right Professional

    • SB721 allows licensed professionals (engineers, architects, or contractors). SB326 mandates licensed architects or structural engineers. Verify qualifications to ensure thorough, code-aligned inspections.

  3. Document Everything

    • Keep records of inspection reports, repair work, and communication with contractors or HOAs. These files demonstrate compliance if questions arise.

  4. Address Issues Promptly

    • Don’t defer repairs. The longer you wait, the more complex and expensive repairs can become—and non-compliance fees can pile up.

  5. Follow Maintenance Schedules

    • Balcony and deck upkeep shouldn’t be a one-time effort. Regular cleaning, sealing, and re-checks extend the structure’s lifespan and reduce emergency fixes.

Data Point: According to insurance industry reports, properties with proactive EEE maintenance see up to a 20% reduction in long-term repair costs and liability claims.


How EEEAdvisor Can Help You Stay Compliant

Navigating SB721 and SB326 can be daunting, especially for multifamily properties with multiple balconies, decks, and walkways. EEEAdvisor offers:

  • Comprehensive Inspections: Our licensed engineers and architects evaluate every aspect of your EEEs, identifying hidden issues and providing actionable insights.

  • Tailored Compliance Plans: We help property owners outline repair schedules, budget for maintenance, and align with local building codes.

  • Ongoing Support: From initial assessment to final repairs, we’re committed to ensuring your balconies meet the strictest safety standards.


Conclusion: Why Proactive Steps in 2025 Matter

With SB721 and SB326, California has underscored its commitment to preventing balcony and deck collapses. As 2025 approaches, property owners and managers must make regular inspections and timely repairs a top priority, both to avoid legal repercussions and to protect occupants.


By following a simple DIY checklist, learning to spot early warning signs, and scheduling professional evaluations well before deadlines, you’ll create a safer living environment and preserve the long-term value of your property. With support from industry experts like EEEAdvisor, staying compliant is simpler and more efficient than ever—turning potential headaches into opportunities for proactive, cost-effective maintenance.


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