In 2018 and 2019, California passed Senate Bill 721 and Senate Bill 326, which require periodic inspections of elevated exterior elements, such as balconies. These Senate Bills (SB) are also known as the "Balcony Inspection Bills" or "Elevated Exterior Elements (EEEs) Bills." Assembly Bill 2579, passed in 2024, extended the time requirement for inspections required by SB326. This page provides links to each law for reference, along with introductory information and frequently asked questions.

Link for AB2579: 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

GENERAL REQUIREMENTS OF SB 721 & SB 326

Owners of apartment and condominium 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 (apartments) are required to be completed by January 1st, 2025, and re-inspections are required every six years thereafter. Condominium buildings 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.  Complete the inspection and submit an Inspection Certification form by the deadline for each inspection cycle or submit an Exemption Declaration if the requirement does not apply to your property.

 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

  Please review SB 326 and SB721 for legal requirements

• 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, and handrails. Fire escapes are not included, since they are inspected annually by the Fire Department.

If the requirement does not apply to you because of the building type or because your building does not have exterior elevated elements, fill out and submit an Exemption Declaration form.

HIRE A LICENSED PROFESSIONAL TO INSPECT THE EXTERIOR ELEVATED ELEMENTS

Inspection of condominium projects is limited to licensed structural engineers or architects. The licensed professional will produce a report that includes their findings along with photos sufficient to document the conditions of the exterior elevated elements. The licensed professional must provide a stamped/signed written report of the evaluation to the property owner or the owner’s designated agent within 45 days of the completion of the inspection. After an inspection, property owners and managers must keep inspection reports available for two inspection cycles, or at least 12 years. If the owner decides to sell the building, they must also give the reports to the buyer at the time of the sale. If they sell their building before its first safety inspection, they will need to disclose that at the time of the sale.

The City of Belmont 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.

PERMITS FOR REPAIRS

If the inspection uncovers an issue requiring repairs, you likely will 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

CALIFORNIA BALCONY LAWS: FREQUENTLY ASKED QUESTIONS

1.    What are “Exterior Elevated Elements”?

Exterior Elevated Elements are all elevated decks, balconies, landings, stairway systems, walkways, guardrails, handrails, or any parts thereof that are exposed to weather and with a walking surface more than 6 feet above grade/ground. This Please review SB 326 and SB721 for legal requirements

2.    When did this become a requirement?

SB721 passed in 2018, and SB 326 passed in 2019. The first inspection for both must be done by January 1st, 2025.

**October 2024 Update: AB 2579 (Inspections: exterior elevated elements) extends the deadline for initial inspection until January 1, 2026. The bill would also provide that no new inspection is required until January 1, 2026, if the property was inspected within 3 years prior to January 1, 2019, as specified

3.    Who are considered “licensed professionals”?

• Licensed general contractors (http://www.cslb.ca.gov/)
• Licensed (branch 3) structural pest control operators (http://www.pestboard.ca.gov/)
• Licensed architects (http://www.cab.ca.gov/)
• Licensed civil engineers and licensed structural engineers (http://www.bpelsg.ca.gov/)

All must have current and clear licensure in the State of California

4. How do I know that the balconies in my building are safe?

The balconies in your building were built in conformance to the Building Code requirements which were in effect at the time of original construction. The purpose and intent of the Building Code has always been life safety. To ascertain that the balcony supports have not been compromised over the years, the California Balcony laws require that all balconies be periodically inspected.

5. I live in a recently constructed building. Are the balconies in my building required to be inspected?

Newly constructed residential buildings are exempt from the inspection certification requirements for a period of three years following issuance of the Certificate of Occupancy.