Frequently Asked Questions (FAQs) about SB721 & SB326 in California
What is SB721?
SB721, also known as the Balcony Inspection Law, is a California state law that was enacted to ensure the safety of balconies, decks, and other elevated exterior elements of multi-unit residential buildings. It requires regular inspection of these structures to prevent accidents and injuries.
What does SB721 require?
SB721 requires the inspection of all exterior elevated elements, including balconies, decks, stairways, and walkways, of multi-unit residential buildings with three or more units. The inspections must be conducted every six years, and the reports must be submitted to the local enforcement agency.
Who is responsible for the inspections?
The property owner is responsible for ensuring that the required inspections are conducted. They must hire a licensed architect, engineer, or contractor who is certified as a Qualified Inspector to perform the inspection. The Qualified Inspector must assess the structural integrity and safety of the exterior elevated elements.
Are there any exceptions to the inspection requirements?
Yes, there are a few exceptions to the inspection requirements. Buildings that are less than three years old, have fewer than three units, or have no exterior elevated elements are exempt from the inspection requirements of SB721.
What happens if a deficiency is found during the inspection?
If a deficiency is found during the inspection, the property owner must take immediate action to correct the issue. They must provide written notice to the tenants and the local enforcement agency within 15 days of discovering the deficiency. The necessary repairs or replacements must be completed within specified timeframes.
What is SB326?
SB326, also known as the Balcony Inspection Law, is another California state law that addresses the safety of balconies and other elevated exterior elements in multi-unit residential buildings. It focuses on the construction and maintenance of these structures.
What does SB326 require?
SB326 requires that all balconies, decks, stairways, and other elevated exterior elements of multi-unit residential buildings be inspected at least every nine years to ensure their structural integrity and safety. The inspections must be conducted by a licensed architect or engineer.
Who is responsible for the inspections under SB326?
The property owner is responsible for ensuring that the required inspections are conducted. They must hire a licensed architect or engineer to perform the inspection. The architect or engineer must assess the structural integrity and safety of the exterior elevated elements.
Are there any exceptions to the inspection requirements under SB326?
Yes, there are a few exceptions to the inspection requirements. Buildings that are less than three years old, have fewer than three units, or have no exterior elevated elements are exempt from the inspection requirements of SB326.
What happens if a deficiency is found during the inspection?
If a deficiency is found during the inspection, the property owner must take immediate action to correct the issue. They must provide written notice to the tenants and the local enforcement agency within 30 days of discovering the deficiency. The necessary repairs or replacements must be completed within specified timeframes.
Are there any penalties for non-compliance with SB721 and SB326?
Yes, there are penalties for non-compliance with SB721 and SB326. Failure to comply with the inspection requirements can result in fines and legal consequences. Additionally, if a balcony or other elevated structure fails and causes injury or death, the property owner may face civil litigation.
Please note that this document provides a general overview of SB721 and SB326 and is not intended to be legal advice. It is important to consult the actual laws and seek professional guidance for specific situations.