As part of California’s ongoing efforts to ensure resident safety in multi-family residential buildings, Senate Bill 326 (SB 326) — also known as the Balcony Inspection Law — took effect on January 1, 2025, and the risks for those who don’t comply could include:

  • City fines
  • Denied insurance coverage
  • Liabilities from hazardous conditions

 What Is SB 326?

SB 326 mandates that HOAs (Homeowners Associations) of condo buildings with three or more units must inspect elevated exterior elements (EEEs) such as balconies, decks, stairways, and walkways that are:

  • Six feet or more above ground level
  • Designed for human occupancy
  • Made from wood or other materials that can deteriorate over time

These elements must be inspected at least once every 9 years by a licensed structural engineer or architect.

 Key Compliance Deadline:

All qualifying HOAs must complete their first inspection by January 1, 2025. If you are cited by the city, you may be fined.

 

 Why It Matters

SB 326 was passed in response to several tragic incidents, including the 2015 Berkeley balcony collapse that resulted in the loss of six lives. The goal is to identify structural weaknesses early and prevent future failures of aging, elevated wooden structures.

 Inspection Requirements

  • Performed by: Licensed architect or structural engineer
  • Scope: Random but statistically significant sample of elevated elements
  • Report Must Include:
    • Assessment of the current condition and expected life span
    • Recommendations for repairs or replacement
    • Photographic documentation
  • Report Submission: Must be submitted to the HOA board and kept on file for 2 cycles
  • Unsafe Conditions: Must be reported to the local code enforcement agency within 15 days

Who’s Responsible?

Per the statute which you can read here, “The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association…”

 

If you have any questions as to whether or not an exterior elevated element falls under CA SB 326, please call or email and we’ll do our best to help you.

Posted in Qualified RE Inspectors.