SB 326 VS SB 721 Deck Inspections
SB 326 vs SB 721 deck inspection services Does your multifamily building have three or more dwelling units with wood-based structural elements? If so, it must undergo exterior elevated element inspections under SB 326 or SB 721. You may own an apartment or condominium, or manage a homeowners association. Either way, 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:
Applies to homeowners’ association (HOA) buildings containing two or more dwelling units.
Focuses on the inspection of load-bearing structures of elevated exterior elements, such as decks, balconies, and walkways. As a result, it ensures their safety and structural integrity.
Inspection Requirements:
Mandates periodic inspections of load-bearing structures every 9 years to ensure continued safety and compliance with building standards.
A licensed structural engineer or architect with expertise in evaluating elevated elements must conduct the inspections.
Disclosure Obligations:
Property owners must provide written notice to all homeowners and the homeowners’ association (HOA) prior to inspections. In this way, owners ensure transparency and clear communication.
After inspections, property owners must disclose the inspection findings to the HOA. The disclosure details any necessary repairs and their timelines for completion. As a result, all parties stay informed and prepared to take action when required.
Enforcement:
Empowers the HOA to enforce compliance with inspection and disclosure requirements, ensuring that all parties fulfill their responsibilities.
Establishes a civil penalty for non-compliance. Consequently, the penalty encourages adherence to inspection schedules and proper reporting to prevent safety risks and maintain legal standards.
Timeline:
Lawmakers introduced this law in 2019, and it became effective on January 1, 2020. Indeed, it marked an important step in improving the safety and maintenance of elevated structures in HOA-managed buildings.
Afterward, inspectors must submit inspection reports within 45 days from the date of the inspection. Therefore, the HOA and property owners have ample time to address any issues.
California
SB 721
Scope:
Applies to all buildings with three or more multifamily dwelling units, ensuring the safety of residents in larger residential buildings.
Primarily focuses on “Balcony Bills” relating to the inspection and maintenance of Exterior Elevated Elements (EEE), such as balconies, decks, and stairways,
Inspection Requirements:
Mandates periodic inspections of all exterior elevated elements every 6 years to ensure ongoing safety
A qualified professional, such as a licensed architect or engineer, must conduct inspections at specified intervals to ensure accurate
Emphasizes the identification of potential hazards, such as structural damage, water intrusion, or decay. It also specifies any necessary repairs to maintain safety and prevent accidents.
Disclosure Obligations:
Property owners must provide written notice to tenants regarding upcoming inspections. As a result, all residents stay informed and prepared for the process.
The inspector must disclose the findings to the property owner or manager, including any identified hazards and recommended repairs. The disclosure also includes proposed timelines for addressing any issues. Ultimately, this ensures transparency and timely action.
Enforcement:
Local enforcement agencies have the authority to ensure compliance with the inspection and disclosure requirements.
The law imposes civil penalties for non-compliance. These encourage owners to adhere to the law and maintain safe living conditions.
Timeline:
Introduced in 2018 and effective as of January 1, 2019, this law aims to improve safety in multifamily buildings.
Owners must complete the first inspection by December 31, 2024, to avoid penalties and ensure compliance.
SB 326 vs SB 721 Inspection
Both bills aim to enhance safety by addressing potential risks associated with exterior elevated elements. However, they differ in their specific focus, scope, inspection requirements, and enforcement mechanisms. Property owners and stakeholders should know the distinct provisions in each bill. Above all, this helps ensure compliance with applicable regulations. It’s recommended to consult legal professionals for the most accurate and up-to-date information.
Property owners, HOA boards, and multifamily building managers need to understand the difference between California SB 326 and SB 721. SB 326 primarily establishes inspection requirements for condominium associations, while SB 721 applies to qualifying apartment and multifamily properties. South Coast Deck Inspections helps Southern California clients determine which law applies. We also help identify exterior elevated elements requiring evaluation, explain inspection cycles, and provide clear professional inspection reports.