What the laws cover
Both laws focus on exterior elevated elements: balconies, decks, porches, stairways, walkways and entry structures that extend beyond the building’s exterior walls, are more than six feet above the ground, are designed for human use and rely in whole or in part on wood or wood-based products for structural support.
| SB 721 | SB 326 | |
|---|---|---|
| Applies to | Buildings with three or more multifamily dwelling units | Common interest developments (condominium associations) |
| Who inspects | Licensed architect, civil or structural engineer, certain licensed contractors with five years’ experience, or a certified building inspector or building official, not employed by the owner | Licensed architect or structural engineer |
| Sample | At least 15% of each type of element | A statistically significant sample, typically 95% confidence |
| Frequency | Every 6 years | Every 9 years |
What gets inspected
The inspector checks the load-bearing components and their waterproofing for the elements in the sample:
- Joists, beams and posts for rot, decay and insect damage.
- Connections to the building, including ledgers and hardware.
- Flashings, membranes and coatings that keep water out of the framing.
- Railings and guards for strength.
Visual inspection is supplemented as needed with moisture meters, borescopes through small openings, or removal of finish material.
When something is unsafe
If the inspector finds a condition that poses an immediate threat to occupants, the owner must restrict access to the element and the local enforcement agency must be notified. Non-emergency repairs must be completed within a set time, with permits.
For buyers
When buying an apartment building or a condo, ask for the most recent SB 721 or SB 326 report. For condos, the HOA’s reserve study and budget should show whether the association has funded the repairs. Missing reports, or a report with open repairs, can affect lending and the price.
Common questions
How often must balconies be inspected under SB 721?
Every six years. The first inspection deadline was extended by later legislation to January 1, 2026. Owners should keep the reports and any repair permits for buyers and lenders.
Who can perform an SB 326 inspection for a condominium?
SB 326 inspections must be done by a licensed architect or a licensed structural engineer, at least once every nine years.
What does it cost?
Cost depends on the number of elements, access and whether openings are needed to view framing. Ask for a per-element price and what happens if destructive testing is needed.