Understanding SB 326: California’s Balcony Bill and Inspection Laws

Imagine yourself relaxing on your balcony, enjoying the warm weather and fresh air. But what if you knew that your balcony was at risk of collapse?

Unfortunately, in 2015, a balcony collapsed in Berkeley, California, killing six people and injuring seven others. This tragedy highlighted the need for strict balcony inspection laws. 

In response to this tragic event, California passed Senate Bill No. 326 in August 2019. SB 326, also known as The Balcony Law, essentially protects property owners from defects in the building and also helps keep residents safe from hazards due to construction flaws. 

This blog will discuss SB 326 Balcony Bill and provide a comprehensive guide to help you understand the requirements of SB 326 and how you can ensure compliance to avoid any fees or fines. 

What are the Requirements of SB 326?

SB-326, also known as the California Balcony Inspection Law, requires regular inspections of balconies, walkways, and decks on multi-family housing properties in California. 

Some of the requirements of SB 326 are:

1. Initial inspections must be completed by January 1, 2025, for all covered HOAs. The government of California gives this date and must be treated as the SB 326 deadline for compliance.
2. Subsequent inspections must be completed every nine years.
3. Only licensed structural engineers, architects, licensed general contractors, or certified building inspectors can perform the inspections.
4. All exterior elevated elements (EEE) that are six or more feet above the ground and made mostly of wood must be inspected.
5. Inspectors must check the waterproofing of all balconies, decks, and walkways.
6. Inspectors must visually see a statistically significant sample of balconies, walkways, and decks. It means that they must inspect enough EEEs to be confident that the results represent the whole building.  
7. If the inspector sees any problem, they will decide whether further testing is required. They must also report any immediate dangers to the city’s building department and the Homeowners Association (HOA) board.
8. The inspector must prepare a report of their findings and recommendations and give it to the HOA board. 
9. The HOA board must then budget for the repairs and complete them.

The report must include the following information:

1. A list of the building parts that were inspected
2. A description of the present physical condition of the inspected elements
3. A statement about whether the inspected parts are dangerous to the residents or not
4. An estimate of how long the inspected parts are expected to last and how they are expected to perform in the future.
5. A list of repairs that need to be made, categorizing it as emergency or non-emergency. Any emergency repairs that could be hazardous for the residents will be reported to the building department’s code enforcement agency immediately. Non-emergency repairs will be reported to the condominium association’s board.

The inspection report must be included in the reserve study and kept for at least two inspection cycles. 

The nine-year balcony inspections will coincide with every third reserve study.

Ensure that the local government or governing body documents do not have any strict requirements.

What Happens if You Don’t Comply With SB 326?

If you don’t follow this new law, your local building department may charge you fees, recover enforcement costs, and put liens on your property.

Also, you could be held liable if you don’t get the required SB 326 balcony inspections and repairs.  

Homeowners could lose their insurance coverage for personal injury claims if the inspections are not done. It means if someone gets hurt while using the association’s exterior elevated elements (EEE), the association will likely have to pay the amount for any damages, which will not be covered by insurance.

Who Can Perform an SB 326 Inspection?

SB 326 requires a licensed architect or engineer to observe and confirm all the inspections and findings visually. If any repairs are needed, the inspector cannot carry out the repairs himself.

What Methods Are Used During an SB 326 Inspection?

Here are some of the common methods and tools used while performing SB 326 inspection service:

1. Visual Inspection

In a visual inspection, the inspector will visually check the exposed surfaces of all load-bearing elements, their attachment points, guardrails, and how the various components are integrated. However, if the building’s wood frame is covered by siding or stucco, a visual inspection will not be enough to meet SB 326 requirements.

2. Endoscopic Inspection

It is a less invasive inspection method than destructive inspection. This inspection involves drilling a small hole in the underside of the soffit and using borescopes (endoscopic cameras) to inspect concealed wood inside. When the inspection is completed, the holes are plugged and sealed with specially designed air and watertight plugs.

3. Moisture Sensors

These are used to check for moisture intrusion, which can lead to dry rot. Early detection of moisture problems allows timely repairs and maintenance, preventing further damage.

4. Infrared Imagery

Infrared imagery can be used to visually inspect exposed surfaces. However, it cannot be used to inspect wood concealed beneath another surface, such as vinyl siding or stucco. Infrared technology only uses wavelengths that are beyond the visual spectrum of the human eye.  

Why Choose BFPM for SB-326 Inspection?

BFPM can work with you to schedule the inspection at a convenient time and ensure that the inspector has access to all the necessary areas. Our property managers can provide the inspector with the necessary documents, such as the property’s reserve or any previous SB 326 inspection reports. If the inspection reveals any repairs, our managers can follow up to ensure the repairs are done on time. 

Our experienced property managers help ensure compliance with SB 326 inspection requirements to avoid any fine or penalty. 

For any further queries, schedule a free consultation.