SB 326 VS SB 721 Deck Inspections
SB 326 vs SB 721 deck inspection services If your multifamily building has three or more dwelling units with wood-based structural elements, it must undergo exterior elevated element inspections under SB 326 or SB 721. Whether you own an apartment, condominium, or manage a homeowners association, it’s essential to understand the differences between these two inspection requirements. Learn about the pros and cons of destructive vs. non-destructive deck and balcony inspections and ensure your property stays compliant and safe. Click here for the Pros and Cons of Destructive Deck and Balcony Inspection.
California
SB 326
Scope:
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Applies to homeowners’ association (HOA) buildings containing two or more dwelling units.
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Focuses on the inspection of load-bearing structures of elevated exterior elements, such as decks, balconies, and walkways, ensuring their safety and structural integrity.
Inspection Requirements:
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Mandates periodic inspections of load-bearing structures every 9 years to ensure continued safety and compliance with building standards.
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Inspections must be conducted by a licensed structural engineer or architect with expertise in evaluating the structural integrity of elevated elements.
Disclosure Obligations:
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Property owners are required to provide written notice to all homeowners and the homeowners’ association (HOA) prior to inspections, ensuring transparency and clear communication.
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After inspections, property owners must disclose the inspection findings to the HOA, detailing any necessary repairs and their associated timelines for completion. This ensures that all parties are informed and prepared to take action when required.
Enforcement:
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Empowers the HOA to enforce compliance with inspection and disclosure requirements, ensuring that all parties fulfill their responsibilities.
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Establishes a civil penalty for non-compliance, incentivizing adherence to inspection schedules and proper reporting to prevent safety risks and maintain legal standards.
Timeline:
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This law was introduced in 2019 and became effective on January 1, 2020, marking an important step in improving the safety and maintenance of elevated structures in HOA-managed buildings.
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Inspection reports must be submitted within 45 days from the date of the inspection, allowing ample time for the HOA and property owners to address any issues that may arise.
California
SB 721
Scope:
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Applies to all buildings with three or more multifamily dwelling units, ensuring the safety of residents in larger residential buildings.
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Primarily focuses on “Balcony Bills” relating to the inspection and maintenance of Exterior Elevated Elements (EEE), such as balconies, decks, and stairways,
Inspection Requirements:
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Mandates that all exterior elevated elements be inspected periodically every 6 years to ensure ongoing safety
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Inspections must be conducted by a qualified professional, such as a licensed architect or engineer, at specified intervals to ensure accurate
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Emphasizes the identification of potential hazards, such as structural damage, water intrusion, or decay, and specifies any necessary repairs to maintain safety and prevent accidents.
Disclosure Obligations:
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Property owners must provide written notice to tenants regarding upcoming inspections, ensuring that all residents are informed, prepared for the process.
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The findings of the inspection, including any identified hazards and recommended repairs, must be disclosed to the property owner or manager, along with proposed timelines for addressing any issues, ensuring transparency and timely action.
Enforcement:
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Local enforcement agencies are authorized to ensure compliance with the inspection and disclosure requirements.
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Civil penalties are imposed for non-compliance, encouraging owners to adhere to the law and maintain safe living conditions.
Timeline:
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Introduced in 2018 and effective as of January 1, 2019, this law aims to improve safety in multifamily buildings.
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The first inspection must be completed by December 31, 2024, to avoid penalties and ensure compliance.
HOA’s and California SB 326
Inspection deadline 01 January 2026. California State Bill 326 is much like California State Bill 721. Both are aimed at safeguarding individuals who utilize exterior elevated structures like decks and balconies. This legislation mandates that property owners conduct routine inspections on these structures. Ensuring no Elevated Exterior Element poses an immediate hazard to the safety of the occupants. Check out our latest article Navigating SB 326: A Comprehensive Guide for Home Owners Associations
Background: Senate Bill 326 & 721
These two Bills were initiated in response to the tragic balcony collapse in Berkely, CA on June 15, 2015. On this day an apartment building balcony collapsed during a birthday party attended by students, killing six of the 13 people who fell from the fourth-floor structure. The collapse has been found to be caused by “dry rot damage which had occurred along the top of the cantilever balcony deck joists” according to report. Click here to learn more...
Apartments and California SB 721
Inspection deadline 01 January 2026. California State Bill 721 is aimed at safeguarding individuals who utilize exterior elevated structures like decks, walkways, and balconies. This legislation mandates that property owners conduct routine inspections on these structures. Ensuring no Elevated Exterior Element poses an immediate hazard to the safety of the occupants. Check out our latest article Navigating SB 721: A Comprehensive Guide for California Apartment Owners.
SB 326 vs SB 721 Inspection
Both bills aim to enhance safety by addressing potential risks associated with exterior elevated elements, but they differ in their specific focus, scope, inspection requirements, and enforcement mechanisms. Property owners and stakeholders should be aware of the distinct provisions outlined in each bill to ensure compliance with applicable regulations. It’s recommended to consult legal professionals for the most accurate and up-to-date information.