SB 721 focuses on multi-family residential buildings with three or more units. This new law requires regular inspections and repairs to ensure the safety of balconies, decks, stairways, and other elevated elements of the main structure.
Who must comply?
Apartment owners, property management, or the building owner of multi-family residential properties must arrange for an inspection of all exterior elevated elements containing wood or wood-based materials.
What is required?
The first inspection must be completed by January 1, 2025, and every six years thereafter. A licensed structural engineer, a licensed building contractor, licensed architect or a licensed building inspector can do the balcony inspections.
If the inspection reveals structural deficiencies, the property owner must arrange for a building contractor to correct the problem. The building owner will have a timeframe in which to complete the repairs. The time limit will depend on the urgency of the repair. The timeframe ranges from immediate to 180 days after permit approval.
How can Airtight Construction help?
Our team can do the necessary repairs to keep your building SB 721 compliant, ensuring tenant safety and the structural integrity of your property.
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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