SB-721 BALCONY INSPECTION DEADLINE IS COMING!

1. WHAT BUILDINGS MUST BE INSPECTED?

Buildings with three or more units that have:

• Balconies, decks, porches, stairways, walkways, and entry structures that extend beyond the exterior walls of the building and that rely in whole or in substantial part on wood or wood-based products for structural support or stability; and
• A walking surface that is elevated more than 6 feet above the ground level and
• Balconies designed for human occupancy or use.

2. BY WHEN MUST THE BALCONIES BE INSPECTED?

The balconies, decks, porches, stairways, walkways, and entries described above must be inspected by January 1, 2025, with certain exceptions, and require subsequent inspections every six years.

3. WHO CAN PERFORM THE INSPECTIONS?

• A licensed architect,
• Licensed civil or structural engineer,
• General Contractor holding any or all A, B, or C-5 Licenses issued by the Contractors State License Board;
• Individuals certified as a building inspector or building official, as specified (these individuals cannot be employed by the local jurisdiction while performing these inspections).

4. WHAT MUST THE INSPECTION COVER?

The inspection required by this law must, at a minimum, include:

• Identification of each exterior elevated element or associated waterproofing elements that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
• “Associated waterproofing elements” mean flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
• Assessments of elevated elements using methods allowing for performance evaluation by direct visual examination or comparable means of evaluating their performance. For this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
• The evaluation and assessment shall address each of the following as of the date of the evaluation:
  • The current condition of the exterior elevated elements.
  • Expectations of future performance and projected service life.
  • Recommendations of any further inspection necessary.
  • Recommendations for any necessary repair or replacement.

5. ARE HOLES REQUIRED TO DO THE INSPECTION?

NO! It is important to note that drilling holes or cutting open balconies is NOT REQUIRED by SB-721. Some companies may use this tactic to pressure people into paying for unnecessary construction services. Balconies should ONLY be drilled or opened if the inspector identifies a concerning condition during the inspection.

We recommend you read our article "Tips for Hiring a Contractor" before hiring any contractor to repair your balconies.

6. WHAT MUST THE REPORT INCLUDE?

The inspection inspector shall produce initial and final reports indicating that any required repairs have been completed.

Within 45 days of inspection completion, the inspector stamps or signs a written report of the evaluation and presents it to the building's owner or the owner’s designated agent.

The report shall include photographs, test results, and a narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, elevated exterior elements pose an immediate threat to the safety of the occupants and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.

A copy of the inspection report must be presented to the building owner within 45 days of the inspection completion. The law requires that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the building owner within 15 days, and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency.

7. WHO KEEPS THE REPORT?

Copies of all inspection reports shall be maintained in the building owner’s permanent records for under two inspection cycles. They shall be disclosed and delivered to the buyer at any subsequent building sale.

8. WHAT IF REPAIRS ARE REQUIRED?

A) Immediate Threat

If an inspector determines that an exterior elevated element poses an immediate safety threat to occupants or deems that preventing access or undertaking emergency repairs (including shoring) is necessary, the situation is classified as an emergency condition. In such cases, the building owner must immediately implement the required preventive measures.

Restricting occupant access to the exterior elevated element until emergency repairs are completed fulfills the compliance requirements of this directive. All emergency repairs must adhere to legal requirements, undergo inspection by the inspector, and be reported to the local enforcement agency.

B) No Immediate Threat –  Permit Required

The owner of a building requiring corrective work on an exterior elevated element, which, in the inspector's opinion, does not pose an immediate threat to occupant safety, but would likely require a building permit from the local building department due to the nature of the work being done must apply for a permit within 120 days of receiving the inspection report. 

Once the permit is approved by the building department, the owner has 120 days to complete the repairs, unless the local enforcement agency grants an extension. 

If the repairs are not completed, the owner will be subject to a civil penalty ranging from $100 to $500 per day until the repairs are finished, unless the local enforcement agency grants an extension. A building safety lien may be recorded against the property if a civil penalty is imposed.

C) No Immediate Threat –  No Permit Required (Maintenance and Minor Repairs)

 If the inspector determines that the elevated elements do not pose an immediate threat to occupant safety and that the deficiencies noted in the report are minor repairs or maintenance that do not require building permits, the building owner may hire a qualified contractor or handyman to perform the necessary maintenance or minor repairs. No further action is required. 

9. CAN A LOCAL GOVERNMENT PASS A MORE STRINGENT LAW?

Yes.  The State law provides that the governing body of any city, county, or city and county may enact ordinances or laws imposing requirements greater than those imposed by this law.

References:

• SB 721 (Hill), Ch. 445, Stats. 2018
• Health and Safety Code Section 17973 (Revised SB-721)