What is California's SB 721 balcony inspection law, and does it apply to my building?

Why the law exists

In 2015 a fifth-floor apartment balcony in Berkeley collapsed during a gathering and six people died. The investigation found the wood joists had rotted because water had been trapped inside the balcony's enclosed structure. The legislature responded with two bills: SB 721 for rental and other multifamily buildings, and SB 326 for condominium common interest developments. Both share the same idea. Wood balconies hide their problems, so someone qualified needs to look on a schedule rather than waiting for a failure.

Levi spent much of his architecture career on multifamily and student housing, where exterior walkways and balconies are everywhere, and that history is part of why he treats elevated wood structure conservatively.

What buildings and elements it covers

The statute applies to buildings with three or more multifamily dwelling units. It carves out common interest developments such as condominiums, which have their own section of law. It defines the things to be inspected as exterior elevated elements: balconies, decks, porches, stairways, walkways and entry structures that extend beyond the exterior walls, have a walking surface more than six feet above ground, are designed for people to use, and rely substantially on wood for structural support. The associated waterproofing is part of what gets examined, because waterproofing failure is how the wood gets wet.

A ground-level deck, a steel-framed balcony, or a duplex are outside the law as written. A small fourplex in Carlsbad with wood balconies is inside it.

• Three or more dwelling units, not a condominium association
• Balconies, decks, stairs, walkways, entry structures
• Walking surface more than six feet above grade
• Structure relies substantially on wood
• Load-bearing parts plus the waterproofing that protects them

Who may inspect and what they look at

The law lists who is qualified: a licensed architect, a licensed civil or structural engineer, a building contractor holding certain license classifications with specified experience in multistory wood-frame construction, or a certified building inspector or building official. The inspector must examine a random and statistically significant sample of each type of element, with a minimum percentage set in the statute, and may use visual inspection, moisture meters, borescopes or openings into the structure to see what condition the wood and waterproofing are in.

The inspector writes a report describing the condition of each element, the expected remaining service life, and any recommended repairs. If the inspector finds a condition that is an immediate threat to safety, the statute requires fast notice to the owner and to the local enforcement agency, and the owner must keep people off the element until it is fixed.

Deadlines and repair obligations

The statute set a deadline for the first inspection and then requires reinspection on a recurring cycle, every six years as written. The original deadline was extended once by later legislation. That first deadline has now passed, so an owner who has not had an inspection is behind the schedule. Read the current section on the legislative information site for the exact dates, since the legislature can amend them.

When the report calls for repairs, the owner has a limited window to apply for permits and another to complete the work after permits issue. Local building departments enforce the law, and the statute allows civil penalties and, in some cases, a lien against the property for unaddressed violations. Owners also keep the reports for a set period so the next inspector and the city can see the history.

What this means for a small-building owner in North County

If you own a triplex or small apartment building with wood balconies or walkways, the practical steps are to confirm the building is covered, hire one of the listed professionals to inspect, and plan for repairs. Levi does not perform the statutory inspection, which must come from one of the professionals named in the law. He does the repair side: opening up the structure, replacing rotted framing, correcting flashing and waterproofing, and rebuilding railings to current requirements. On a repair driven by an SB 721 report, he works from the inspector's findings and coordinates with the engineer or architect of record where the statute or the city requires it.

Again, this is consumer information. The statute text is the authority, and the City of Carlsbad Building Division is the enforcement agency for buildings in the city.

Related questions

Sources and further reading