DECK AND BALCONY INSPECTIONS

Building owners and condominium associations must adhere to these laws to maintain safety standards and prevent future incidents.

Comparing California’s SB 721 and SB 326: Balcony and Elevated Element (EEE) Inspections

Although these two laws share similarities, they also exhibit significant distinctions.
SB 721 pertains to multi-family residential apartment buildings (commercial apartment buildings), whereas SB 326 applies specifically to condominiums governed by a Condominium association. 

Frequency and Timing of Inspections:

• • SB 721 mandates inspections every 6 years for buildings with 3 or more units and 2 or more stories, with the first inspection due by January 1, 2025.
  • SB 326 requires inspections every 9 years for condominium associations, with the first inspection due by January 1, 2025, unless a building permit application was submitted after January 1, 2020, in which case the first inspection is due within six years of occupancy.

Repair Permit Process:

• • SB 721 outlines specific timelines and procedures for repair permits, including deadlines for permit applications and completion of repairs, with potential penalties for non-compliance.
  • SB 326 does not specify timelines for repair permit applications, giving condominium associations control over repair timelines.

Emergency Repair Protocol:

• • Both laws require immediate action if inspections identify EEEs posing immediate safety risks, but SB 326 emphasizes preventative measures to restrict access to hazardous elements until repairs are completed and approved by local enforcement agencies.

Legal Implications and Records Maintenance:

• • SB 721 imposes penalties for non-compliance and mandates record-keeping of inspection reports for disclosure to buyers upon property sale.
  • SB 326 voids CC&R provisions on construction defect litigation and mandates condominium associations to retain inspection reports for 18 years, without specifying penalties.