Senate Bill 721: What Apartment Owners Need to Know

Last Updated on July 27, 2022 by Dan Cronk

In 2018, the California Senate signed Senate Bill 721 “SB 721” into law.

The bill focuses on Exterior Elevated Elements (EEE for short) and imposes stringent safety and inspection standards for decks, balconies, and walkways – all with a deadline of January 1, 2025. 

Here at Deck and Balcony Inspections, Inc., we conduct SB 721 inspections each week, and we know just how much SB-721 has affected landlords, property owners, and building managers.

This blog outlines the inspection requirements set forth by SB-721 and the penalties non-compliant building owners could face. 

Let’s dive in. 

Why Was Senate Bill 721 Passed?

SB-721 was passed after a tragic balcony collapse in 2015. The balcony collapse occurred at a Berkley apartment building and killed six college students.

During a post-collapse evaluation, experts discovered that the balcony had been inadequately waterproofed, and that the balcony’s load-bearing wooden frame had rotted, compromising its structural integrity. 

The inspection also found that the property manager had delayed maintenance, despite clear indications of water damage.

They ruled that the balcony collapse could have been avoided if only the property owner had completed the needed maintenance. 

The victims’ families won a multimillion-dollar settlement against the property management company in charge of the apartment building and the owners of the building. 

The tragedy and subsequent legal battle sparked a nationwide conversation about who is responsible for residential buildings’ safety and structural integrity.

 In response, California lawmakers passed SB-721, which went into effect on January 1, 2019, and is part of California’s several balcony laws. 

Who Is Affected by SB 721? 

The law affects all buildings in California with 3 or more multi-family units.

This includes triplexes, quads, fourplexes, and larger apartment buildings. 

Under the new law, these units must have all elevated exterior elements inspected.

“Exterior elevated elements” include decks, porches, stairways, walkways, and any other entry structure elevated more than 6 feet above ground level. 

Currently, the law applies to structures made from wood or with a wood-based framework. 

A last-minute amendment to SB-721 excluded condominiums, Common Interest Developments, and apartment projects from the bill. Condos are covered by a law that was later passed, SB-326, which is further discussed in this article.

Still, apartments converted to condos after January 2, 2019, must be inspected before the first escrow closing. 

Property owners affected by SB-721 must have elevated exterior structures inspected by January 1, 2025.

After the initial inspection, structures must be inspected every six years. 

What are the Requirements of SB-721?

SB-721 imposes stringent requirements for building owners, landlords, and property managers, including the following:

• Inspections are REQUIRED every six years. Buildings with exterior elements elevated more than 6” above the ground must undergo a preliminary safety inspection before January 1, 2025, and ongoing safety inspections every six years after that. 
• There are limits on who can perform safety inspections. All safety inspections must be completed by safety inspectors who are qualified to conduct evaluations under the provisions of SB-721. More on this later. 
• At least 15% of all elevated elements must be inspected. According to the new law, a minimum of 15% of a building’s total elevated elements must be inspected during each safety evaluation. The choice of which elevated features to examine is up to the inspector.
• Inspection reports must be kept for two cycles. According to SB-721, all safety inspection reports must be kept for two inspection cycles – 12 years. If jurisdictional officials request the reports, the building inspector must make them available. 
• Reports must meet specific requirements. Under SB-721, safety inspection reports must meet three primary requirements: they must define the condition of the EEE, clarify expectations regarding the expected service life of the elevated element, and make recommendations for additional inspections if needed. Inspection companies must deliver a comprehensive report that satisfies these requirements within 45 days of the inspection. 

What if a Safety Inspection Uncovers Needed Repairs?

If the inspection report uncovers required repairs, the inspector is required to classify the repairs under one of the following categories:

Immediate Action Required 

Repairs classified as “immediate action required” represent a real and present risk to life and safety.

If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection. 

At that point, the building owner must inform tenants and prevent access to the area if needed.

The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.

Repairs Required

These issues include anything that cannot be resolved through maintenance but do not represent an immediate threat to life and safety.

When repairs are required, the building owner has 120 days to obtain a building permit and an additional 120 days to complete the needed repairs. 

4 Penalties You Could Face for Noncompliance 

To enforce the provisions of SB-721, lawmakers included harsh penalties for non-compliant facilities.

These penalties include the following: 

1. Fines of up to $500 per day. Non-compliant facilities could face penalties of $100-$500 per day for every day they are not in compliance with the requirements of SB-721. 
2. Assessment of safety liens. If a civil fine or penalty is assessed, the local jurisdiction can choose to issue a safety lien against the facility. If a building owner refuses to pay non-compliance fines, the local jurisdiction can satisfy the lien through foreclosure. 
3. Recovery of enforcement costs. Under SB-721, local enforcement agencies can recover enforcement costs from landlords, property owners, and property managers. 
4. Impacts on a landlord’s insurance eligibility. If a facility does not comply with SB-721, it may impact the landlord’s insurance eligibility and make it more difficult (or impossible) to secure adequate insurance coverage. 

​​Who Can Perform an SB-721 Inspection? 

One of the most challenging aspects of SB-721 for landlords and property owners is that it limits who can perform the mandatory safety inspections the law requires. 

Under the provisions of SB-721, qualified parties include general contractors with “A” “B” or “C-5” license classifications in the state of California and at least five years of experience, certified building inspectors, and architects or engineers. 

Additionally, the person who conducts the safety inspection cannot be the same person who performs needed repairs.  

If you need SB-721 safety inspections for your residential building, it may be tempting to see the deadline of January 1, 2025, and assume you’ve got plenty of time to make arrangements. 

Unfortunately, that might not be true! 

There are almost 500,000 apartment facilities in California, but only 200 building inspectors qualified to perform SB-721 inspections. 

That means each inspector would need to complete more than 800 inspections annually to meet the needs of California property owners, which isn’t possible. 

Because of this, we recommend moving quickly.

Lock in your inspection dates sooner rather than later and ensure you have the qualified safety inspector you need for your SB-721 evaluations. 

What Happens During the SB-721 Inspection Process?

Wondering what to expect from your SB-721 inspection?

Here’s the process our team follows:

1. Free consultation and estimate 

We believe in making estimates as easy as possible.

When you contact us for an SB-721 inspection, our team will work with you to schedule a free consultation.

During the consultation, we’ll review your needs, provide you with an estimate, and make a plan for the next steps.

2. The safety inspection 

The next step is the actual safety inspection.

Our SB-721 safety inspections are performed by licensed general contractors and engineers qualified to perform the evaluations under the new law’s provisions.

Our inspections are non-invasive, quick, and thorough.

3. Delivery of your detailed report

During each inspection, we’ll generate a detailed report that outlines the conditions of your property, its elevated exterior elements, and all relevant waterproofing systems.

This report also includes an evaluation of the expected service life of your elevated elements and a color-coded guide to needed emergency and non-emergency repairs. 

The reports are broken down as follows:

• Red: Immediate action required. 
• Yellow: All repairs should be addressed as soon as possible. 
• Blue: Maintenance is needed, but the issue is not presently a threat to health or safety. 
• Green: No problems identified in the target area. 

Our reports are available in PDF format or as digital, interactive reports.

The digital reports can be updated to reflect completed repairs and provide a real-time picture of your property.

This convenient feature saves you from paying for a new report every six years and allows us to provide better service to you. 

What Methods and Tools are Used During an SB-721 Inspection?

When we perform deck and balcony inspections, we prioritize thorough, precise, and non-invasive service. 

Here are a few of the methods we use during SB-721 inspections:

1. Visual Inspections

Our property inspectors evaluate all the exposed surfaces of an elevated feature’s load-bearing elements, attachment points, and guardrails during a visual inspection.

The inspector will assess how the components integrate and identify any apparent issues. 

2. Endoscopic Tests

We avoid destructive testing by using endoscopes to evaluate the internal structure of your EEE – without damaging your building and creating additional expenses for you. 

Instead, we bore a small hole into the underside of your elevated exterior element and use an endoscopic camera to inspect the condition of the interior wood elements.

This quick, accurate inspection tactic will not weaken or compromise your elevated elements. 

3. Moisture Sensors

Moisture is one of the leading problems for wood decks, balconies, and other elevated exterior elements.

To check for moisture intrusion, we use advanced moisture sensors to pinpoint and identify dry rot and assess the level of maintenance and repairs needed. 

4. Infrared Cameras

We use infrared cameras to assess the wood’s structural integrity and identify early signs of dry rot and moisture intrusion in uncovered wood elements. 

Why Choose Us as Your SB-721 Inspector? 

Here at Deck and Balcony Inspections, Inc., helping our clients comply with the requirements of SB-721 is our top priority.

We’re committed to keeping people safe and using advanced technology to provide comprehensive, streamlined, accurate inspection services.

Here are a few of the reasons customers choose us:

• Industry experience. The owner of Deck and Balcony Inspections, Inc., Dan Cronk, has over 40 years of experience in the construction industry. He has worked as a certified structural inspector and a general contractor, and he brings that expertise to every inspection we perform. 
• A commitment to non-invasive inspections. We believe that deck and balcony inspections shouldn’t cause more damage to your property. Our non-invasive inspection tactics allow us to evaluate your elevated elements’ internal structure without creating damage and expenses for you to deal with. 
• Access to intelligent software. We use innovative software to bring deck and balcony inspections into the digital age. Our proprietary software integrates with moisture sensors and allows us to identify moisture intrusion and pinpoint needed repairs. 
• Interactive reporting. To ensure you understand the results of your inspection, our expert safety inspectors provide easy-to-read, interactive reports. These reports include color-coded breakdowns that prioritize needed repairs. We also send friendly maintenance and repair reminders and offer free how-to guides to help you complete required repairs. 
• Affordable reinspection services. Under SB-721, property owners must undergo safety inspections every six years. Those reinspection fees will quickly add up unless you establish a long-term relationship. When you work with our team, we provide digital, interactive safety reports that can be updated to reflect completed repairs and new findings. This saves you money and makes subsequent inspections quick, streamlined, and accurate. 
• Peace of mind. As a property owner, your priority is to keep everyone in your building safe. With our comprehensive safety inspection services, you can rest easy at night, knowing that your facilities are compliant and secure. 

We Provide Deck and Balcony Inspection Services You Can Count on

SB-721 created many new requirements for building owners, landlords, and property managers. Fortunately, you’re not alone in the effort to comply with them. 

At Deck and Balcony Inspections, Inc., we conduct safety inspections for decks, balconies, walkways, and entries in apartment facilities from San Diego to Redding and from San Francisco to Lake Tahoe. 

Don’t wait to schedule your SB-721 safety inspections – contact our expert team to lock in your inspection date today: 916-238-0618

AUTHOR BIO

Dan Cronk is the Founder & President of Deck and Balcony Inspections, Inc. Dan has 40+ years of experience in the construction industry. As a certified structural inspector and general contractor, Dan has extensive knowledge about California’s deck and balcony laws and enjoys sharing his expertise with the community.