California has long been at the forefront of legislation aimed at protecting the public’s safety, particularly when it comes to the safety of structures. In recent years, the state has introduced a series of regulations focused on the safety of balconies and other elevated structures in multi-family housing, driven by concerns over high-profile incidents involving balcony collapses. Among these regulations are SB 326 and SB 721, two pieces of legislation that have significant implications for property owners, homeowners’ associations (HOAs), and building managers. Understanding these laws is essential for anyone responsible for maintaining residential or commercial properties in California, as they help ensure the safety of both residents and visitors.
What Are SB 326 and SB 721?
Senate Bill 326 (SB 326) and Senate Bill 721 (SB 721) were introduced to address the growing concern over balcony and elevated structure safety in California’s multifamily buildings. These laws were enacted in response to tragic incidents, such as the 2015 Berkeley balcony collapse, where six young adults tragically lost their lives due to a failure of the balcony structure.
Both SB 326 and SB 721 require property owners and managers to inspect and, if necessary, repair certain building components to prevent similar accidents. Though the bills address different types of properties and have some distinctions, they share a common goal: to reduce the risk of preventable accidents and safeguard the lives of residents and visitors.
SB 326: Inspection of Balconies and Elevated Structures
SB 326, which came into effect on January 1, 2020, primarily targets condominiums, apartments, and other multi-family buildings with balconies, decks, and walkways that are above the ground level. Specifically, SB 326 mandates that these structures be inspected by a licensed professional for signs of deterioration, damage, or any other issues that could pose a safety hazard.
The law applies to balconies, decks, and exterior elevated elements that are more than 6 feet above ground level and are intended for public use, such as walkways or access paths. Property owners must ensure these structures are inspected every six years by a qualified engineer, architect, or building inspector with the expertise to identify safety risks.
The goal of SB 326 is to prevent structural failures caused by water damage, corrosion, or wear and tear that might otherwise go unnoticed without regular inspections. The law also requires property owners to act quickly when repairs are needed—within a reasonable timeframe based on the severity of the findings—ensuring that any issues identified in the inspections are promptly addressed.
SB 721: Inspection of Balconies, Decks, and Walkways in Certain Properties
SB 721, passed earlier than SB 326 in 2018, is similar in its focus on the safety of elevated structures but with a key difference: it applies primarily to multifamily residential buildings, including condominiums and apartment complexes with three or more units that were constructed before January 1, 2019. This regulation mandates that property owners inspect their balconies, decks, and other elevated structures for deterioration, damage, and other hazards.
SB 721 requires a one-time inspection of all wooden decks and balconies (both exterior and attached) by January 1, 2025. Unlike SB 326, which mandates ongoing inspections every six years, SB 721 focuses more on ensuring these structures were properly inspected for the first time after the law’s passage, to catch any potential problems.
The key takeaway from SB 721 is that it applies to older buildings, especially those built before 2019, and targets wooden structures. If significant damage is found, property owners are required to make repairs, further mitigating the risk of accidents caused by deck or balcony failure.
Key Differences Between SB 326 and SB 721
While both SB 326 and SB 721 share the goal of preventing structural failures, they differ in several important aspects:
- Timeline and Frequency: SB 326 requires inspections every six years, whereas SB 721 mandates a one-time inspection before January 1, 2025 for qualifying properties (those built before 2019).
- Scope of Application: SB 326 is broader, applying to a wide range of multi-family buildings, while SB 721 specifically targets wooden balconies and decks in buildings constructed before 2019.
- Inspection Requirements: SB 326 mandates inspections of balconies and elevated structures for safety concerns like corrosion or wood rot, while SB 721 has a similar focus but applies more narrowly to older, wooden structures.
- Who Must Comply: Both laws apply to property owners or HOAs responsible for multi-family buildings, but SB 326 affects a wider range of properties, including those with mixed materials in their elevated structures. SB 721 targets buildings with wooden components specifically.
Why Are These Inspections So Important?
Balconies and decks are essential components of multi-family buildings, providing both functional and aesthetic value. However, they are also subjected to harsh weather conditions, particularly in coastal regions like California, where exposure to moisture, salt air, and temperature changes can accelerate the deterioration of materials. Over time, untreated wood can rot, metal components can rust, and structural elements can weaken.
The importance of regular inspections cannot be overstated. For property owners, neglecting these inspections can result in serious liability risks. Failing to identify and fix issues like corroded fasteners, weakened beams, or deteriorating wood can lead to catastrophic accidents. Moreover, property owners may face substantial fines and lawsuits for non-compliance if a tragedy were to occur as a result of neglected maintenance.
How Property Owners Can Comply
Property owners should take proactive steps to ensure they are in full compliance with SB 326 and SB 721. This includes hiring qualified inspectors or engineers who can identify the specific risks associated with elevated structures. If issues are discovered, prompt repairs should be made to bring the property up to code.
Additionally, property owners should maintain clear documentation of the inspection reports, any repairs performed, and future inspection schedules. This will be valuable not only for insurance purposes but also in case of any legal disputes regarding the property’s safety.
Conclusion
SB 326 and SB 721 are critical pieces of legislation that aim to protect the public by ensuring the safety of balconies, decks, and other elevated structures in California’s multi-family housing market. By understanding and adhering to these laws, property owners, HOAs, and building managers can significantly reduce the risk of preventable accidents and enhance the safety of residents and visitors alike. Regular inspections, prompt repairs, and adherence to the regulations will help maintain the integrity of these vital components of residential buildings while ensuring that these tragedies remain a thing of the past.
