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Click Here1. DEFINITIONS
1.1. SB721: SB721, also referred to as the “Balcony Inspection Law”, is a California state law that mandates periodic safety inspections and maintenance of exterior elevated elements in residential buildings with three or more units. It aims to prevent structural failures by ensuring these elements are inspected by qualified professionals every six years, with immediate action required for any critical repairs.
1.2. Exterior Elevated Elements (EEEs): Exterior Elevated Elements (EEES) are structural components of a building that include balconies, decks, porches, stairways, walkways, and entry structures extending beyond the building’s exterior walls. These elements are elevated more than six feet above ground level, designed for human use, and primarily supported by wood or wood-based materials.
1.3. Qualified Professional: A qualified professional for SB721 inspections is defined as an individual licensed in their field, whether as an architect, civil or structural engineer, or a building contractor with specific classifications (“A,” “B,” or “C-5”) and at least five years of experience in constructing multistory wood frame buildings. Alternatively, the role can be filled by a certified building inspector or building official recognized by reputable state, national, or international associations. These professionals must conduct inspections independently from any local government employment to ensure unbiased assessments.
1.4. Immediate Threat: An immediate threat refers to a situation where a condition or circumstance poses a direct and significant risk to health, safety, and well-being of the residents, in such a way that it requires urgent action for repair by the owner to prevent possible harm.
2. Introduction
In 2018, California introduced Senate Bill 721 (SB721), a law aimed at enhancing the safety of multi-family residential buildings with elevated structures, such as balconies and decks. This legislation was prompted by the tragic collapse of a balcony at a building on Kittredge Street in Berkeley on June 15, 2015, which resulted in six fatalities and seven injuries (See Figure 1). In response to this devastating event, SB 721 mandates property owners of buildings with three or more multi-family dwelling units to have their Exterior Elevated Elements (EEEs), including balconies and decks, inspected by a qualified professional—such as a licensed architect, civil or structural engineer, or certified building inspector—by January 1, 2026.
3. Who Needs to Comply with SB721?
SB721 compliance applies to property owners of buildings with three or more multifamily dwelling units in California. Specifically, the law targets buildings with Exterior Elevated Elements (EEEs) (See Figure 2). These elements must be designed for human occupancy or use and often rely on wood or wood-based products for structural support. If your building meets these criteria, you are required by law to ensure that these exterior elevated elements are inspected by a qualified professional.
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Click Here4. INSPECTION PROCESS FOR SB721 COMPLIANCE
The inspection process for SB721 compliance is a systematic approach designed to ensure the safety and integrity of Exterior Elevated Elements (EEEs). It involves several key steps that property owners and managers must understand to meet legal requirements and safeguard residents (See Figure 3).
4.1. Initial Evaluation: The first step is an initial evaluation to determine the current condition of all EEEs. This evaluation should be conducted by a qualified professional who will assess the structural soundness and identify any visible signs of deterioration or damage. A detailed inspection is required, where the qualified professional examines all aspects of the EEEs, including support beams, connectors, railings, and the integrity of waterproofing systems. This step often involves invasive methods to thoroughly assess the internal state of the elements.
4.2. Reporting and Documentation: Once the inspection is complete, the professional must produce a stamped written report that outlines the findings, including any areas of concern that require immediate attention, within 45 days of completion of the inspection. The report shall be submitted to both the building owner and the local enforcement agency within 15 days after its completion.
4.3. Follow-up and Repairs: Based on the inspection report, property owners are required to carry out any recommended repairs or preventative maintenance. For Exterior Elevated Elements that the inspector does not consider an immediate threat, the building owner must apply for a repair permit within 120 days of receiving the inspection report. Once the permit is obtained, the owner has 120 days to complete the repairs, unless the local enforcement agency grants an extension. If, however, an inspector identifies an Exterior Elevated Element as posing an immediate threat, or if they recommend restricting access or performing emergency repairs such as shoring, the situation must be treated as an emergency. In this case, the building owner must immediately implement the necessary safety measures, while blocking access to the compromised element until emergency repairs are completed.
5. CONSEQUENCES OF NON-COMPLIANCE WITH SB721
Understanding the potential legal and financial consequences of failing to comply with Senate Bill 721 (SB721) is critical for property owners. Non-compliance can lead to several severe repercussions (See Figure 4):
5.1. Risk to Resident Safety: Failing to comply with SB721 puts the safety of residents at risk. Non-compliant properties may have compromised structural integrity in their Exterior Elevated Elements (EEEs), which can lead to accidents or even catastrophes if these elements fail, endangering the lives and well-being of occupants.
5.2. Penalties and Fines: Property owners who neglect the required inspections and maintenance may face penalties ranging from $100 to $500 per day, as mandated by local authority fee schedules. These fines are imposed to enforce compliance and underscore the importance of maintaining structural safety in multifamily dwellings.
5.3. Legal Liability: In cases where an accident or injury occurs due to the failure of an EEE, the property owner may face legal liability. This can lead to civil litigation, resulting in significant financial damages and potentially damaging the reputation of the property management.
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