What Is the Difference Between SB 326 and SB 721?

California has some of the most stringent building safety laws in the nation, and for good reason. Following high-profile accidents like the 2015 Berkeley balcony collapse, which resulted in tragic loss of life, lawmakers introduced SB 326 and SB 721 to address safety concerns for exterior elevated elements (EEEs) such as balconies, decks, and stairways. While these two laws share similarities, they target different types of properties and have unique requirements.

This blog will provide a comprehensive look at the differences between SB 326 and SB 721, their key features, and what they mean for property owners, tenants, and inspectors.

What Are SB 326 and SB 721?

Both SB 326 and SB 721 are California state laws designed to improve the safety of EEEs in residential buildings. These regulations mandate regular inspections to ensure that balconies, decks, walkways, and other elevated structures are structurally sound and safe for use.

Key Similarities Between SB 326 and SB 721:

• Both laws were introduced to reduce the risk of structural failures in exterior elevated elements.

• Both mandate regular inspections by licensed professionals, such as structural engineers, architects, or general contractors.

• Both require property owners to address identified safety hazards promptly.

However, the differences lie in the type of properties they govern, the frequency of inspections, and specific requirements for compliance.

SB 721: The “Apartment Balcony Bill”

What Is SB 721?

SB 721, passed in 2018, focuses on apartment buildings with three or more units. The law mandates the inspection of EEEs to prevent accidents caused by structural deterioration.

Who Does SB 721 Apply To?

SB 721 applies to:

• Apartment buildings with three or more units.

• EEEs that are six feet or more above the ground.

• Properties constructed with wooden load-bearing components.

Notable Exclusions:

• Single-family homes.

• Condominiums and other common interest developments (covered under SB 326).

Inspection Requirements Under SB 721:

1. Frequency of Inspections:

   • Inspections must occur every six years.

2. Inspector Qualifications:

   • Must be conducted by a licensed professional, such as a structural engineer, architect, or general contractor.

3. Inspection Focus:

   • Evaluate the condition of load-bearing components, waterproofing systems, and signs of decay or deterioration.

4. Reporting:

   • Property owners must receive a detailed inspection report, and any identified hazards must be addressed promptly.

Penalties for Non-Compliance:

Failure to comply with SB 721 can result in fines, legal liability, and increased insurance premiums. Owners who neglect mandated repairs may face further action from local authorities.

SB 326: The “Condominium Balcony Bill”

What Is SB 326?

SB 326, enacted in 2019, was designed specifically for condominiums and other common interest developments (CIDs). It ensures that Homeowners Associations (HOAs) regularly inspect and maintain their EEEs to protect residents.

Who Does SB 326 Apply To?

SB 326 applies to:

• Condominiums and other common interest developments.

• EEEs that are six feet or more above the ground.

• Structures under the jurisdiction of an HOA.

Notable Exclusions:

• Single-family homes not part of an HOA.

• Apartment buildings (covered under SB 721).

Inspection Requirements Under SB 326:

1. Frequency of Inspections:

   • Inspections must occur every nine years, aligning with HOA reserve study cycles.

2. Inspector Qualifications:

   • Inspections must be conducted by a licensed structural engineer or architect.

   • HOAs are responsible for hiring qualified professionals.

3. Inspection Focus:

   • Emphasis on load-bearing components and waterproofing systems, especially in areas that impact multiple units.

4. Reporting:

   • Findings must be documented in a written report, which is shared with the HOA and kept on file for at least two cycles (18 years).

Penalties for Non-Compliance:

Non-compliance can lead to penalties for the HOA, including potential liability for accidents and lawsuits from residents.

Key Differences Between SB 326 and SB 721

Aspect	SB 721	SB 326
Target Properties	Apartment buildings (3+ units).	Condominiums and common interest developments.
Inspection Frequency	Every 6 years.	Every 9 years.
Inspector Qualifications	Structural engineer, architect, or general contractor.	Structural engineer or architect only.
Responsible Party	Property owners or landlords.	Homeowners Associations (HOAs).
Documentation	Report shared with property owner.	Report included in HOA records.
Primary Focus	Wooden EEEs, balconies, and decks.	Load-bearing components and multi-unit structures.

Why Are These Laws Necessary?

Both SB 326 and SB 721 were introduced in response to growing concerns about the safety of exterior elevated elements. The 2015 balcony collapse in Berkeley served as a wake-up call, highlighting the dangers of neglecting proper maintenance.

California Building Standards Commission: "These inspections are not merely bureaucratic hurdles—they are lifesaving measures designed to protect residents from preventable tragedies."

Case Study: A Tale of Two Properties

Apartment Complex - SB 721 Compliance

A San Diego apartment complex built in 1998 underwent its first SB 721 inspection in 2020. Inspectors discovered significant wood rot in several balcony beams, caused by long-term moisture exposure. Repairs were completed within three months, avoiding tenant disruption and ensuring compliance.

Condominium HOA - SB 326 Compliance

A San Francisco condominium’s HOA scheduled its first SB 326 inspection in 2021. While most balconies passed inspection, one shared deck showed rusted fasteners and inadequate waterproofing. The HOA allocated reserve funds to repair the deck, aligning the project with their reserve study.

How to Stay Compliant with SB 326 and SB 721

For Apartment Owners (SB 721):

1. Maintain a record of past inspections and repairs.

2. Schedule inspections well before the six-year deadline to allow time for necessary repairs.

3. Budget for potential repairs, especially for older properties.

For HOAs (SB 326):

1. Include inspection costs in HOA reserve studies.

2. Work with licensed structural engineers familiar with SB 326 requirements.

3. Communicate with homeowners about inspection schedules and findings.

Conclusion: Understanding the Differences Between SB 326 and SB 721

While SB 326 and SB 721 share a common goal of improving safety, they serve different property types and have distinct requirements. Staying compliant with these laws not only avoids legal and financial penalties but also protects the lives of those who use these structures daily.

At EEEAdvisor, we specialize in inspections for SB 326 and SB 721 compliance, offering detailed reports and expert guidance to ensure your property meets California’s safety standards. Contact us today to schedule your inspection and safeguard your building for years to come.