SB 326 applies to common interest developments (CIDs), like condominiums and HOAs. It mandates regular inspections of the association’s exterior elevated elements to evaluate their safety.
Who must comply?
Homeowners’ associations and property managers must arrange a visual inspection for any elevated walking surface over six feet above ground level, built for human use, and supported by wood-based products.
What is required?
Initial inspections must be completed by December 31, 2024, with subsequent inspections every nine years. A licensed structural engineer or a licensed architect must inspect the building. The inspector must assess the structural integrity and check for water damage, dry rot, and other safety issues on supporting wood framing. The check must include a visual inspection of the building’s exterior walls and waterproofing elements. The inspector must file the report with the responsible person, like the property owner or HOA.
How can Airtight Construction help?
We offer expert repair services to ensure your property complies with SB 326 within the stated time limits. We’ll work closely with HOAs to maintain common areas and exclusive-use elements.
SB 326 and SB 721 – The Differences
The goal of both SB 326 and SB 721 is to improve the safety of elevated exterior elements, like balconies and decks by ensuring regular inspections. In addition, if the inspector finds that the structure deviates from the required standards the property owners or HOA must arrange repairs.
Which law applies will depend on the type of building you own.
- SB 326: Applies to HOA-governed communities and condominiums with three or more attached units.
- SB 721: Applies to multi-family dwellings and apartment buildings with three or more units.
The governing legislation also depends on:
- The Ownership: SB 326 applies to your elevated element inspections if you own an HOA-governed building or condominium. SB 721 applies to any other type of shared family apartment block.
- The Number of Units: If the building has fewer than three units, it could be exempted from either law.
- Construction Material: SB 326 governs all elevated extensions. SB 721 is aimed mostly at wood-based elevated constructions. Other extensions may require fewer inspections.
Defining Exterior Elevated Elements (EEEs)
SB 326 and SB 721 are designed to ensure the safety of Exterior Elevated Elements and order balcony repairs as required. The EEE must be designed for use by humans, and they must have some wood supports.
These laws are concerned with the structural integrity of these structures, including their waterproofing materials, support systems, and rails that extend beyond the exterior walls of the defined buildings. The laws apply to balconies, walkways, decks, and porches over six feet above the ground. All connected waterproofing systems are also included.
The Inspection
As a minimum, SB 721 require an inspection of all external EEE components by a licensed general contractor, licensed structural or civil engineer, licensed architect, or licensed building inspector. Only a licensed architect or a licensed civil or structural engineer can do the SB 326 inspection.
If exposed surfaces are defective, damaged, or contain dry rot the inspector may order further testing and use more intrusive inspection methods to inspect concealed wood. Methods may include siding removal, infrared technology, borescopes, and moisture sensors to test load bearing elements.
If the inspector finds conditions that pose a threat to human safety and the owner or HOA does not repair the damage, the inspector must report the inspection findings and repair requirements to the local enforcement agency. The condominium association’s board must keep the reports for the last two inspection cycles, as governing body documents on record.
Inspectors must file the inspection reports with necessary repairs with the city’s building department. Owners who receive reports with emergency repairs must file for a building permit without delay and ensure that nobody uses the affected area before the repairs are completed and the immediate threat cleared. Failure to comply with repair orders may result in penalties or a building safety lien.
SB 721 requires an inspection of at least 15% of the EEEs while SB 326 requires a statistically significant sample to deliver 95% confidence that the inspection results reflect the entire building.
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