California Balcony Inspection Law (SB 721 & SB 326)
Exterior elevated element inspection requirements for apartments and condominiums
Last updated: January 18, 2026
Overview
California Senate Bills 721 and 326 were enacted in response to the 2015 Berkeley balcony collapse tragedy, which killed six college students and injured seven others. The collapse was caused by dry rot in the wooden support beams that had gone undetected for years.
These laws require periodic inspections of exterior elevated elements (EEEs) in multifamily residential buildings to identify structural deficiencies before they become life-threatening hazards. The legislation represents a significant shift in California building safety requirements, mandating proactive inspections rather than reactive maintenance. These requirements complement other California building standards like Title 24 energy efficiency standards and CBC Chapter 7A wildfire resistance requirements.
Important Deadlines
SB 326 (condos): Initial inspections were due January 1, 2025. SB 721 (apartments): Initial inspections due January 1, 2026 (extended by AB 2579).
SB 721 vs SB 326 Comparison
| Requirement | SB 721 (Apartments) | SB 326 (Condos/HOAs) |
|---|---|---|
| Applies To | Multifamily rental buildings with 3+ units | Condominiums and HOA-managed properties |
| Initial Deadline | January 1, 2026 | January 1, 2025 (passed) |
| Inspection Cycle | Every 6 years | Every 9 years |
| Sample Size | Minimum 15% of each EEE type | Statistical sampling (95% confidence, 5% margin of error) |
| Qualified Inspectors | Licensed architects, engineers, or contractors (A/B/C-5) | Licensed structural engineers or architects only |
| Report Filing | Retained by owner for 2 inspection cycles | Filed with local enforcement agency |
Exterior Elevated Elements (EEEs)
Both laws cover "exterior elevated elements" that meet specific criteria. Understanding what qualifies is essential for compliance.
Definition Requirements
- Located 6 feet or more above ground level
- Designed for human occupancy or use
- Supported in whole or in part by wood or wood-based products
Types of Covered Elements
- Balconies and decks
- Porches and verandas
- Stairways and landings
- Walkways and elevated entry platforms
- Associated railings and guardrails
- Load-bearing components and assemblies
Associated Waterproofing Elements
Inspections must also evaluate waterproofing systems that protect structural components. These elements are critical for preventing water intrusion that leads to wood decay. See our ASTM Building Envelope standards guide for testing requirements.
- Waterproof membranes and coatings
- Flashings at walls and door thresholds
- Sealants and caulking at joints (see our sealant selection guide)
- Drainage systems and scuppers
- Walking surface materials
Inspection Requirements
Visual Inspection
The primary inspection method involves thorough visual examination of:
- Structural framing members and connections
- Signs of water damage, rot, or fungal decay
- Corrosion of metal connectors and fasteners
- Condition of waterproofing membranes
- Sealant and flashing integrity
- Surface drainage and ponding issues
Invasive Testing (When Required)
If visual inspection reveals potential problems, invasive testing may be required:
- Moisture meter readings to detect hidden water intrusion
- Probing of wood members to assess decay
- Opening of waterproof membranes to inspect substrates
- Core sampling of concrete or wood for laboratory analysis
Sampling Requirements
SB 721 requires inspection of at least 15% of each type of EEE. SB 326 uses statistical sampling to achieve 95% confidence with a 5% margin of error, which typically requires inspecting a larger percentage of units.
Qualified Inspector Requirements
SB 721 (Apartments) - Broader Qualifications
- Licensed architect (California)
- Licensed civil or structural engineer (California)
- Licensed general contractor (Class A or B)
- Licensed contractor with C-5 (framing/rough carpentry) classification
SB 326 (Condos/HOAs) - Stricter Requirements
- Licensed structural engineer (California)
- Licensed architect (California)
- Contractors are NOT qualified under SB 326
Both laws require the inspector to have competence in inspecting load-bearing components and waterproofing systems. Inspectors should carry professional liability insurance and be familiar with California building codes and construction practices for exterior elevated elements. Note that these structural inspections are separate from fire safety inspection requirements, which have their own certification standards.
Repair Requirements & Compliance
Emergency Repairs (120 Days)
If the inspection reveals conditions that pose an immediate threat to safety, repairs must be completed within 120 days. The inspector must notify the building owner in writing and may recommend emergency stabilization measures.
Repair Timeline Categories
- Emergency (Immediate): Conditions requiring immediate stabilization or closure
- Urgent (120 days): Safety hazards requiring prompt repair
- Routine: Maintenance items to address before next inspection cycle
Penalties for Non-Compliance
- Civil penalties of $100 to $500 per day for failure to complete required inspections
- Additional penalties for failure to complete required repairs
- Local enforcement agencies may impose additional requirements
- Potential liability exposure in case of injury or death
Estimated Costs & Market Conditions
Understanding typical costs helps property managers and HOA boards budget appropriately for compliance. Costs vary significantly based on building size, location, and condition.
Inspection Costs
- Average inspection cost: ~$2,800 (varies by building size)
- Full building inspection: $5,000–$20,000+ depending on number of units
- Current wait times in LA/SF: 3–6 months due to high demand
Repair Costs
- Average repair cost: ~$4,100 per balcony (minor to moderate issues)
- Major repairs: $10,000–$25,000+ per balcony
- HOA special assessments: Can reach $25,000–$100,000+ per unit in severe cases (coastal/older buildings)
What Inspections Typically Find
Industry data indicates approximately 89% of inspections identify some level of repair or maintenance needs. Common issues include waterproofing failures, flashing deterioration, and early-stage wood damage from moisture intrusion.
Scale of Compliance
These laws affect an estimated 2.8 million apartment units (SB 721) and over 6 million condominium units (SB 326) statewide—representing roughly 25% of California's housing stock.
Waterproofing Systems for Repairs
When repairs are required, proper waterproofing is essential to prevent future deterioration. The ICC-ES acceptance criteria, specifically AC39, provides a framework for evaluating walking deck waterproofing systems. For detailed guidance on California-compliant balcony waterproofing solutions, see Deck Flex's SB 721/326 waterproofing guide.
ICC-ES AC39 Walking Deck Waterproofing
AC39 establishes testing criteria for waterproofing systems used on balconies, decks, and other walking surfaces. Compliant systems must demonstrate:
- Water penetration resistance under static and dynamic loads
- Crack bridging capability
- UV and weathering resistance
- Compatibility with common substrates (plywood, concrete)
- Appropriate slip resistance for pedestrian safety
Repair Best Practices
- Replace damaged structural members with pressure-treated or naturally durable wood
- Install continuous waterproof membrane over entire deck surface
- Use proper flashing details at wall-to-deck transitions
- Ensure adequate slope for drainage (minimum 1/4" per foot)
- Apply compatible sealants at all penetrations and joints
- Consider adding secondary drainage systems (scuppers, overflow drains)
Frequently Asked Questions
Resources & External Links
Official Resources
Industry Guides
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