California SB-721 Balcony Inspections

In effect since January 1, 2019, California Health and Safety Code §17973, which was created by California Senate Bill 721 (SB-721), requires that “exterior elevated elements” of multifamily residential apartment buildings with three or more dwelling units be inspected before January 1, 2025.

SB-721 came as a response to the 2015 Berkeley balcony collapse, which resulted in six deaths and was caused by rot and decay of the wood framing members. SB-721 aims to make apartment buildings safer for residents by ensuring that exterior elevated elements are safe to occupy, and that potentially unsafe elements are promptly repaired.

requirements

SB-721 defines “Exterior Elevated Elements” as the structures, railings, and supports for balconies, decks, porches, walkways, or staircases that extend beyond the exterior walls. They are designed for occupancy, are elevated six feet above ground level, and rely mostly or fully on wood for support or stability.

Elevated balconies, staircases and walkways usually require inspection. Roofs likely do not, since they usually are bound by the exterior walls, and are not often designed for occupancy. Concrete podium-level balconies do not require inspection, since they are supported by concrete, not by wood.

If the apartment building has three or more dwelling units, 15 percent of each type of Exterior Elevated Element needs to be inspected. If your building has 100 balconies and one 50-foot-long exterior walkway, for example, 15 balconies and 8 feet of the walkway will require inspection. If the apartment has less than 3 dwelling units, it is exempt from SB-721.

SB-721 requires direct visual inspection of the wood framing and the waterproofing elements. This means that some removal of finishes (stucco soffits and cladding, etc.) may be required if the wood framing is hidden behind such finishes. The removal of finishes will be kept as minimal as possible and can be replaced after the inspection is completed. The removal and replacement will require a contractor hired by the building owner, but we are happy to recommend contractors.

why work with an engineer?

SB-721 allows Licensed Engineers (Civil or Structural), Licensed Architects, Licensed Building Contractors (with a minimum of 5 years’ experience with wood frame buildings), and Certified Building Inspectors to inspect the buildings. The benefits of using an Engineer, beyond the expertise and knowledge they provide, is the ability to use the same engineer to design any required repairs.

If repairs are required, they must be permitted by the governing municipality. The cities will likely require that a Licensed Engineer design and stamp the structural repair designs. This means that the engineer that inspected the building can design the repairs and guide you through the permitting process. This will save you time and effort since the engineer will already be familiar with the building and its repair requirements.

Licensed contractors can perform the inspections, but SB-721 does not allow the same contractor who served as the inspector to perform the repairs. 

timeline

• If the inspector recommends “emergency repairs” (temporary shoring, bracing, etc.), the report will be provided to the Owner and the Building Official within 15 days of the completion of the report, and the Owner must perform the emergency repairs immediately. The timeline shown above is for non-emergency repairs.

• The Owner can request a report from the Inspector after the repairs are completed (if needed).

• The building must be inspected by January 1, 2025 and every 6 years thereafter (next deadline is January 1, 2031).

• For new buildings (permit application submitted on or after January 1, 2019), the inspection must occur within 6 years after the Certificate of Occupancy was issued.

• Apartments being converted to condominiums must go through this process prior to first close of escrow.

If you require our expertise or if you have a project for us to work on, please contact us or submit a work request. We have engineers throughout California waiting to help you.