California Balcony Laws - SB 326 & SB 721
UPDATE: AB 2579 extends the inspection deadline for Exterior Elevated Elements (EEE) originally set by SB 721 (buildings with three or more multifamily dwelling units) to January 1, 2026. The bill would also provide that no new inspection are required until January 1, 2026, if the property was inspected within 3 years prior to January 1, 2019, as specified.
Per SB 326 (Common Interest Developments), Exterior Elevated Elements (EEE) inspections are still required for Condominiums and other common interest developments by January 1, 2025.
Link for AB 2579:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2579
Link for SB 326:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB326
Link for SB 721:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB721
Owners of multi-unit buildings with exterior elevated elements which are located more than six feet above adjacent grade, such as decks or stairways, must hire a licensed or certified professional to perform a safety inspection.
Owners of buildings with three or more dwelling or sleeping units must hire a licensed professional to inspect the building’s exterior elevated elements to ensure they are in safe condition and free of deterioration that could pose a safety hazard. Inspections for multifamily rental properties shall be completed by March 31, 2022 and every six years thereafter. Condominium projects with exterior elevated elements containing three or more dwelling units shall be inspected by January 1, 2026, and then at least once every nine years.
HAVE YOUR BUILDING INSPECTED
If the inspection found issues that need correcting, you may need to apply for a building permit. Follow the steps and deadlines below:
Apply for a permit to correct non-emergency repairs within 120 days of submitting the certification.
Complete all corrective work within 120 days of obtaining the permit approval.
Once work is complete, get a second inspection.
THE REQUIREMENT APPLIES TO MULTI-UNIT RESIDENTIAL BUILDINGS WITH EXTERIOR ELEVATED ELEMENTS
The requirement applies to all residential buildings with three or more sleeping or residential units.
This includes:
- Apartment houses, tenants in common and live/work units
-
Condominium projects
- Dormitories, fraternities, sororities, convents and monasteries
- Hotels, motels and vacation timeshare properties
- Boarding houses and congregate residences (transient with more than 10 occupants and non-transient with more than 16 occupants)
- Residential Assisted Living Facilities and Social Rehabilitation Residential Facilities
This requirement applies to all exterior elevated elements, which are defined as:
- weather-exposed (i.e., not interior)
- extend beyond exterior walls
- located more than six feet above adjacent grade
- wood or steel framed (not concrete)
Examples of exterior elevated elements include elevated wood and metal decks, balconies, decks, landings, stairway systems, walkways, guardrails, handrails, and fire escapes.
HIRE A LICENSED PROFESSIONAL TO INSPECT THE EXTERIOR ELEVATED ELEMENTS
Inspection of condominium projects is limited to licensed structural engineers or architects.
The City of San Ramon cannot provide recommendations for licensed and certified professionals.
Please see below for helpful resources:
Licensed general contractors
Licensed architects
Licensed civil engineers and licensed structural engineers
Certified professionals include the categories below:
Certified Building Inspectors, ICC B5 or equivalent
Certified Building Officials, ICC CB or equivalent
The licensed or certified professionals will check that exterior elevated elements are in general safe condition, adequate working order, and do not exhibit signs of deterioration, decay, corrosion, or similar damage that could pose a safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected elements.